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201207 Budget Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Budget Meeting AGENDA Monday, December 7, 2020 9:00 AM Electronic Meeting 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Budget meeting of Monday, December 7, 2020, be approved. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council Budget meeting of Monday, November 30, 2020, be approved. 5.Finance 5.1.Waste Management Agreement At their meeting on November 23, 2020, Council passed the following resolution: Resolution # 2020-531 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report OPS 20-35 Waste Management Contract renewal as information; AND THAT the information contained therein be forwarded to the 2021 Business Plan and Budget process for consideration. Carried 5.2.FIN 20-44 2021 Capital Pre-Budget Approvals Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 20-44 2021 Capital Pre-Budget Approval; AND THAT Council give Pre-Budget Approval for Recreation, Culture & Parks Project X81 PerfectMind Booking Software $10,000; AND THAT Council give Pre-Budget Approval for Operations Project X99 Asphalt Program $400,000; AND THAT Council give Pre-Budget Approval for Operations Project X96 Sidewalk Connectivity Program $200,000; AND THAT Council give Pre-Budget Approval for Operations Project X95 Vienna Road Rehabilitation $1,922,000. 5.3.Budget Deliberation The following motions were submitted for consideration. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT the SOMA Asia Mission be removed from the 2021 Budget; AND THAT the funds be moved to the RCP Budget and earmarked for a wheelchair accessible swing. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Cemetery Vehicle 87 be removed from the asset management fleet replacement for the 2021 budget. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Vehicle 28 be removed from Asset Management Fleet Replacement plan for Page 2 of 28 2021. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Vehicles 38 and 39 be removed from Asset Management Fleet Replacement plan for 2021. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Vehicle 203 be removed from Asset Management Fleet Replacement plan for 2021. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT the Town charge an hourly fee for family tree research executed by the Museum Staff; AND THAT staff bring forward a suggested hourly rate to Council for consideration and approval as part of the rates and fees for 2021. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT staff bring forward a report which would include suggestions to move towards a more cost effective model for the fleet replacement strategy. The report should be brought to Council for review and consideration by the end of the second quarter in 2021. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT staff be directed to complete a report on revamping the Town of Tillsonburg website and the possible development of a Town of Tillsonburg Mobile app. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: ________________ THAT that the 0.17 FTE increase for RCP Parks and Cemetery be removed from the budget; AND THAT consideration be given to relocating the existing staffing compliment from the Cemetery Office to the Customer Service Centre so that services can be provided Page 3 of 28 at that location; AND FURTHER THAT project X89 Office Repairs to upgrade the cemetery building be removed from the budget as a result of this relocation. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: ________________ THAT the Cemetery memorial programs (i.e. wreath program) be discontinued. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: ________________ THAT staff be directed to reduce the level of service provided at the Cemetery so that the watering and maintenance of flowers is discontinued. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: ________________ THAT the Museum Marketing & Promotion Plan be removed from the budget 6.Motions/Notice of Motions 7.Confirm Proceedings By-law Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-114, to Confirm the Proceedings of the Council meeting held on December 7, 2020, 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. 8.Adjournment Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Council Budget meeting of Monday, December 7, 2020 be adjourned at ___ Page 4 of 28 1 The Corporation of the Town of Tillsonburg Council Budget Meeting MINUTES Monday, November 30, 2020 4:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Regrets: Councillor Esseltine Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Sheena Pawliwec, Acting Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations Brad Lemaich, Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:00 p.m. 2. Adoption of Agenda Resolution # 2020-538 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 5 of 28 2 THAT the Agenda as prepared for the Council Budget meeting of Monday, November 30, 2020, be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Council Minutes of Previous Meeting 5. Finance Sheena Pawliwec, Interim Director of Finance/Treasurer, provided an overview of the 2021 draft budget. Opportunity was provided for comments and questions from Council. Staff confirmed there are no pre-budget approval requests at this time. It was asked why Fire Communications is noted as a pressure. Staff noted that Fire Communications is recoverable and that it is noted as a pressure because there are existing approved agreements. Staff noted that the SOMA travel expenses are requested every second year and that there was no request for 2020. Staff confirmed that if the six months of COIVD-19 impact was extended by three months there would be an additional 1.84% increase to the tax levee. The funds could be recovered from reserves, potential funding assistance from other levels of government or service level adjustments. It was asked if the Town has a plan to deal with property owner consent related to the sharing of mailing change requests. Staff confirmed that there is no taxation relief for small businesses included in the draft budget. It was asked how MPAC determines the Median Residential Assessment. 5.1 Building, Planning and By-Law Geno Vanhaelewyn, Chief Building Official, was present to provide an overview of the Building, Planning and By-Law business plan and operating summary. Staff are anticipating a 20% increase in permit applications. Page 6 of 28 3 Opportunity was provided for comments and questions from Council. It was asked why proposed changes to the Ontario Building Code are noted as a risk. Staff noted that it is being proposed to merge the Ontario Building Code with the National Building Code, which could require staff education and training. It was asked how Council can initiate a zoning by-law review. Staff confirmed that Council can make application to amend the zoning by-law and follow the public process. 5.2 Economic Development and Marketing Cephas Panschow, Development Commissioner, was present to provide an overview of the Economic Development and Marketing business plan, capital and operating summaries. Opportunity was provided for comments and questions from Council. There was discussion regarding the SOMA mission trips and resulting investment in the Town of Tillsonburg. Staff provided more detail on the Education Task Force project which is a joint initiative with the Tillsonburg and District Multi-Service Centre with a goal to assist local high school students in obtaining experience in the local workforce. There was discussion regarding the source of funds captured under miscellaneous funding and the need to identify these sources. Staff confirmed the Discover Tillsonburg budget is reduced and that the intent is to still publish two magazines over the course of the year. Staff confirmed there are dollars budgeted for the Economic Development Strategy implementation and that it is unknown at this time what the exact cost will be. It was suggested that the Wayfinding Signage project be noted as an objective for the upcoming year. 5.3 Corporate Services Sheena Pawliwec, Interim Director of Finance/Treasurer, was present to provide an overview of the Corporate Services business plan, capital and operating summaries. Opportunity was provided for comments and questions from Council. Page 7 of 28 4 Staff noted that projects with $0 budget value are utilizing existing staff time and software. 5.4 Human Resources Ashley Andrews, Manager of Human Resources, was present to provide an overview of the Human Resources business plan. Opportunity was provided for comments and questions from Council. Staff provided more detail on the proposed implementation of the Learning Management and Performance Management modules. These modules integrate into existing software and will assist the corporation with ensuring employees meet and maintain personnel and health and safety policies/procedure training requirements. 5.5 Fire and Rescue Services Brad Lemaich, Fire Chief, was present to provide an overview of the Fire and Rescue Services business plan, capital and operating summaries. Opportunity was provided for comments and questions from Council. Staff noted that project X78OPP is not the Town's responsibility. 5.6 Operation Services Carlos Reyes, Director of Operations, was present to provide an overview of the Operation Services business plan, capital and operating summaries. Opportunity was provided for comments and questions from Council. It was asked how the repair cost for vehicle 87 compares to buying a new unit. Staff noted that the current replacement strategy indicates the vehicle should be replaced every twelve years and that the unit is now four years past that point. The vehicle will require major repairs in 2021. Staff explained that approving the additional budgeted dollars for the Sidewalk Connectivity Plan will still not be sufficient to achieve the goals identified in the plan. Staff noted that the purpose of project X53 is to complete a structural engineering assessment of all facilities. Staff noted that the budgeted dollars for a Master Transportation Study is a one-time cost and that Council will need to determine the frequency of review/updates to the plan at the time of implementation. Page 8 of 28 5 Staff confirmed that the full cost to rehabilitate the Kinsmen Pedestrian Bridge is not known at this time. Staff will provide additional information regarding the project for Council's consideration in Q1 of 2021. Staff confirmed some tenders for 2021 capital works have been prepared and will be brought forward for pre-approval in January if budget approval is anticipated to take additional time. 5.7 Recreation, Culture and Parks Chris Baird, Director of Recreation, Culture and Parks, was present to provide an overview of the Recreation, Culture and Parks business plan, capital and operating summaries. Opportunity was provided for comments and questions from Council. Staff will determine if project X78OPP has been captured twice in the draft budget. Staff noted that it is recommended that the Town utilize external resources with expertise in multi-media to assist in the development of a Museum Marketing & Promotion Plan. Staff confirmed that the additional budget dollars for project X48 would include the $10,000 held in reserve. It was asked if the museum is included on a film list. There was discussion regarding the installation of a wheelchair swing. Staff noted that the Town has not budgeted sufficient funds for the installation of a wheelchair swing, which ranges from $20,000 to $25,000 for a single unit. It was suggested that the installation of a wheelchair swing be noted as an objective. Staff noted that $30,000 has been included in the operating budget for future use to promote the preservation and growth of the Town's tree canopy. If approved, staff will bring forward a report in 2021, which includes options for promoting the preservation and growth of the Town's tree canopy. There was discussion regarding the recycling program pilot project at the Tillsonburg Community Centre which proved challenging. There will be a presentation to Council at the Council Budget meeting scheduled for Wednesday, December 16, 2020 regarding the OPP funding formula. Page 9 of 28 6 Staff asked if there are any requests for additional information on specific budget items. If requested, the information will be presented to Council at the Council Budget meeting on Wednesday, December 16, 2020. Resolution # 2020-539 Moved by: Councillor Gilvesy Seconded by: Councillor Parker THAT a white paper be prepared for fire communications to include more detailed information on a operating plan to move to a revenue operation. Carried. 6. Motions/Notice of Motions 7. Confirm Proceedings By-law Resolution # 2020-540 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2020-113, to Confirm the Proceedings of the Council meeting held on November 30, 2020, 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 8. Adjournment Resolution # 2020-541 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the Council Budget meeting of Monday, November 30, 2020 be adjourned at 7:25 p.m. Carried Page 10 of 28 Page 1 of 2 Subject: Waste Management Contract renewal Report Number: OPS 20-35 Author: Dan Locke, C.E.T., Manager of Public Works Meeting Type: Council Meeting Meeting Date: Monday, November 23, 2020 RECOMMENDATION THAT Council receives report OPS 20-35 Waste Management Contract renewal as information; AND THAT a By-Law to authorize the Waste Management Contract, be brought forward for Council’s consideration. BACKGROUND The previous contract By-Lawaw #3319 was from 2008 and many improvements have been implemented since that time. These improvements include the newly designed Transfer Station in 2017 and the County selected a new service contractor for the curbside waste collection in 2020. The County of Oxford and the Town of Tillsonburg negotiated the new contract due to the changes over the past 12 years in order to update the contract to be in line with the current practices. County Council approved the execution of this agreement during their meeting on Wednesday, October 28, 2020. DISCUSSION The new contract is updated and is reflective of the current practices in place today. CONSULTATION Staff from both The County of Oxford and The Town of Tillsonburg met to discuss, review and amend the previous contract. FINANCIAL IMPACT/FUNDING SOURCE The new contract was reviewed by the Finance Department and any concerns that were brought forward were discussed and the contract amended to satisfy these concerns. No change to the funding source. Page 11 of 28 OPS 20-35 Page 2 of 2 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 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 ATTACHMENTS Appendix A – Tillsonburg WM Contract Appendix B – Tillsonburg WM Contract Schedule A B C Report Approval Details Document Title: OPS 20 -35 Waste Management Contract.docx Attachments: - Tillsonburg WM Contract_Final_ Sep 10 2020.pdf - Tillsonburg WM Contract Schedule A B C_Final_Sep 10 2020.pdf Final Approval Date: Nov 17, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Nov 17, 2020 - 3:49 PM Page 12 of 28 This Agreement entered into as of this ____day of ___________, 2020 by and between The Corporation of the Town of Tillsonburg (hereinafter called “Town”) -and- County of Oxford (hereinafter called “County”) WASTE MANAGEMENT AGREEMENT Whereas Section 75 (1) of the Municipal Act, 2001 chap. 25, provides that the County may designate any of its waste management services or facilities for the management of waste or any class of waste to the Town, for which it has the power to provide the service or facility; And whereas the Town and the County wish to enter into an agreement where the Town provides for large article items and yard waste/compost program on behalf of the County; And whereas the parties agree that the intent of this agreement is to provide high quality waste management in a sustainable and cost effective manner for properties serviced by the Town on behalf of the County; And whereas the parties intend to consult with each other about policy changes and to the degree appropriate, consider the implications, financial and other, for the communities; Now therefore this Agreement witnesses that in consideration of the mutual contents contained herein, the Parties hereto covenant and agree as follows: 1.0 GENERAL CONDITIONS 1.1 Term The term of the contract shall, commence May 1, 2020 and shall be revised upon final termination of the County’s contract with an external waste management service provider serving all area municipalities with the exception of the Township of South-West Oxford and the City of Woodstock. 1.2 Changes to the Agreement The parties agree that any changes to the terms of this agreement, must be made in writing and approved by each municipality’s Chief Administrative Officer or Designate. Page 13 of 28 2.0 AGREEMENT 2.1 Payment In accordance with paragraph 2.5, the County shall pay one half of the annual fees for service on a semi-annual basis as determined in section 2.5 of this agreement. For the purposes of this section, semi-annual shall mean April 1 and October 1. The Town will complete a final reconciliation, and where fees for services set out in this agreement are less than calculated in paragraph 2.5, refund of fees shall be paid by February 28th of the following year.   2.2 Grants Town and the County staff will work together to maximize grants and subsidies from Stewardship Ontario and/or any other agency that may from time to time support waste and recycling collection, transfer or diversion programs. Both parties will track appropriate metrics and costs required to maximize funding, and report in the required format to meet reporting deadlines. 2.3 Meetings Town and the County staff will meet at least annually to ensure quality and a consistent level of service is provided to the waste management users and on any interim basis if deemed necessary by either party. 2.4 Household For the purposes of this agreement, household count shall be based on the annual returned roll household numbers as determined by the Municipal Property Assessment Corporation. 2.5 Services covered under the Agreement Fees for services set out in this Agreement shall not exceed the total cost per household under the County’s current contract with an external waste management service provider. The contract per household fees are set out in Schedule “A”, attached hereto and forming part of this Agreement. This schedule shall be amended annually to reflect the County’s approved budget which includes CPI increases calculated in accordance with the County’s contract for waste management services with an external waste management service provider (75% of the increase set out in the Consumer Price Index for Ontario as published for the previous 12-month period by Statistics Canada) and household figures as determined in paragraph 2.4. A customer service charge of $2.50 per household, shall be paid by the County to cover expenses related to record keeping, customer service, general overhead and other such administrative costs for services referred to in this agreement. For the purposes of determining the annual customer service charge, household figures as set out in paragraph 2.4 will apply. Page 14 of 28 2.5.1 Special Collection/Depots • Large Article Large article items consist of the collection, either curbside or costs to operate a depot of large items and transportation to Salford Waste Management Facility. The items collected shall be consistent with those guidelines set out by the County. The Town will be responsible for paying the County tipping fees as they relate to the large item curbside pickup and/or depot collection.. The County will pay the Town of Tillsonburg $16,400 to reimburse the Town for the cost of the tipping fees paid by the Town as per 2020 budget, and as set out in Schedule ‘C’. This fee will be indexed to the County’s Fees and Charges By-Law Landfill Tipping Fees 2.5.2 Yard waste/compost program The Town shall supply all labour, materials and equipment to operate a yard waste depot to permit drop off of leaves, lawn and garden waste and brush and to develop a yard waste compost site subject to the requirements of the Ministry of the Environment and Climate Change. The contract price per tonne are set out in Schedule “B”, attached hereto forming part of this Agreement. This schedule shall be amended annually to reflect CPI increases calculated in accordance with the County’s contract for waste management services with an external waste management service provider (75% of the increase set out in the Consumer Price Index for Ontario as published for the previous 12-month period by Statistics Canada) The County is responsible for transportation costs. 2.6 New Initiatives Permit the inclusion of the cost in the County’s overall waste management budget funding of new programs that will significantly advance reduction, diversion and recycling goals of the County. Approval of such new initiatives are subject to the approval of County Council and developed in collaboration with the Area Municipalities. 2.7 County Bag Tags 2.7.1 The Town shall require that all waste collected has affixed County Bag(s) as per County policy. 2.7.2 The Town shall act as a sales outlet for County Bag Tags. Page 15 of 28 3.0 INDEMNITY AND INSURANCE 3.1 The Town shall, at all times, indemnify and save harmless the County and its officers, directors, agents and employees from and against all claims, damages, losses and expenses, including, but not limited to attorneys' fees, court and arbitration costs, or other proceedings made, sustained, brought or prosecuted that are based upon, or attributable in any way to the negligent acts, errors or omissions of the Town in connection with Services performed, purportedly performed or required to be performed by the County under this Agreement. 4.0 DISPUTE RESOLUTION 4.1 The County and the Town will attempt in good faith to resolve any dispute arising in connection with this Agreement informally according to the following procedure: 4.1.1 Upon written request of a party identifying a dispute to be resolved, the representatives, or their designate(s) as listed in paragraph 6.0 below, will meet within fifteen days after the request is received from the requesting party. At this meeting, the designated representatives will identify the scope of the dispute and the information needed to discuss and attempt to resolve the dispute. These management representatives will then gather relevant information regarding the dispute and will meet again to discuss the issues and negotiate in good faith to resolve the dispute. Such second meeting will occur within fifteen (15) days of the first meeting. 4.1.2 If a dispute is not resolved by the methods indicated above, the parties may, upon mutual agreement, appoint a committee designed to assist the municipalities in reaching an agreement on the issue in dispute. Failing resolution, the parties may seek involvement of senior representatives (Chief Administrative Officer’s) for both municipalities and at which time the senior representatives will determine if involvement of respective municipal councils is required. 5.0 GENERAL 5.1 The Town will comply with all federal, provincial and municipal laws while performing the Services hereunder, including but not limited to the Human Rights Code, R.S.O. 1990, Chapter H. 19, as amended. 5.2 This Agreement constitutes the entire agreement between the County and the Town. There are no other agreements, understandings, representations of warranties, either collateral, oral or otherwise. Page 16 of 28 5.3 The County and the Town acknowledge that, in the event that Federal and/or Provincial legislation or regulation is enacted that imposes change to the County’s waste management program, including recycling services, as set out herein, the terms and conditions of this Agreement shall be amended to ensure compliance with such legislation. 5.4 Force Majeure In the event that either Party shall be unable to fulfil, or shall be delayed, or shall be prevented from the fulfilment of, its obligations under this Agreement by reason of an Event of Force Majeure or other reasons of like nature beyond the reasonable control of the Party delayed or prevented from fulfilling any obligation, hereunder, save and except for any delay or prevention from such fulfilment caused by a lack of funds or other financial reasons, strikes or other concerted acts by workers, delay or other failure arising out of the nature of the work to be done, or from the normal action of the elements or from any normal difficulties that may be encountered in the performance of the work, having regard to the nature thereof shall in no event be deemed to be a cause beyond a Party’s control. An “Event of Force Majeure” means an event beyond the control of a Party hereto that prevents the Party from complying with its obligations under this Agreement, including but not limited to: a. acts of God such as, but not limited to, explosions, drought, pandemics, and tidal waves that are not considered a normal action of the elements; b. war, hostilities (whether declared or not), invasion, acts of foreign enemies, mobilization or embargo; c. mobilization, insurrection or military use of power, or civil war; d. riot, commotion, or other unexpected and unforeseen disorder resulting in a substantial impact in the Party’s ability to perform its obligations under this Agreement; or e. acts or threats of terrorism. In the event that the performance of the terms and conditions of this Agreement, in the reasonable opinion of either Party, is made impossible by an Event of Force Majeure, then either Party shall notify the other in writing and the County shall either; terminate the Agreement forthwith and without any further payments being made; or authorize the Town/Township to continue the performance of the Contract with such adjustments as required by the existence of the Event of Force Majeure and as agreed upon by both Parties. In the event of a strike or lockout which shall not constitute an Event of Force Majeure, the Town/Township is responsible to maintain all services provided under this Agreement, to whatever reasonable degree possible and, if necessary, in co-operation with the County. Page 17 of 28 Within thirty (30) days of the award of any Agreement, the Town/Township shall submit for review and approval to the County, acting reasonably, a “Business Continuity Contingency Plan” explaining in detail how performance of the service during any strikes and/or lockouts, fire, an Event of Force Majeure or other major interruptions in the performance of its obligations under this Agreement shall be maintained at the Town’s/Township’s sole cost. Such Business Continuity and Contingency Plan shall become a part of the Agreement and shall be subject to all the terms of the Agreement. Failure to submit a sufficient Business Continuity Contingency Plan, in the sole discretion of the County, may result in termination of the Agreement. A Party shall not be considered to be in breach of this Agreement to the extent the performance of their obligations is modified in accordance with the Business Continuity Contingency Plan as a result of an Event of Force Majeure. The Party (hereinafter in this Section the “Affected Party”) implementing the Business Continuity Contingency Plan shall forthwith give written notice to the other Party of becoming aware of an Event of Force Majeure to the Affected Party. The Affected Party shall be entitled to a reasonable extension for the time of completion of its obligations set forth in this Agreement and in accordance with the Business Continuity Contingency Plan that may be reasonably required by the Affected Party and agreed to by the other Party to mobilize to continue with the fulfillment of its obligations pursuant to this Agreement. The Parties acknowledge and agree that in the event of conflict between the terms and provisions of this section and any other section contained in the Agreement, the terms and provisions of this section shall govern and apply. 5.5 Termination Either party may terminate this Agreement at any time, without fault and without liability, upon six (6) months’ written notice to the other. Either party may terminate this Agreement at any time if the other does not comply with any of its terms, provided notice is provided and the party failing to meet its obligations is given a reasonable time to comply. Upon termination, the County shall pay the Town/Township for all services satisfactorily performed up to and including the date of termination. 6.0 NOTICE 6.1 Any notice as provided for under this Agreement may be served or given (a) by the County to the Town by mailing (by prepaid registered mail), emailing, or faxing the same addressed to: The Corporation of the Town of Tillsonburg 10 Lisgar Ave Tillsonburg, Ontario N4G 5A5 Fax No. 519-688-0759 E-mail clerks@tillsonburg.ca Attention: Clerk and Page 18 of 28 (b) by the Town to the County by mailing (by prepaid registered mail), emailing, or faxing the same addressed to: County of Oxford, P. O. Box 1614, 21 Reeve Street Woodstock, Ontario. N4S 7Y3 Fax No. (519) 421-4713 E-mail: clerks@oxfordcounty.ca Attention: Clerk 7.0 INUREMENT 7.1 This Agreement and everything herein contained, unless the context otherwise requires, shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. The parties hereto have hereunder set their hands and seals the day and year first above written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly authorized in that behalf. Dated at Woodstock, Ontario this ___day of _________,2020. The Corporation of the Town of Tillsonburg ___________________________ Stephen Molnar, Mayor ___________________________ Kyle Pratt, CAO County of Oxford ___________________________ Michael Duben, CAO ___________________________ David Simpson, Director of Public Works Page 19 of 28 2020 2021 2022 2023 2024 Actual*Estimate2*Estimate2*Estimate2*Estimate2* Large article $3.19 $3.20 $3.23 $3.26 $3.28 Cost phase-in allowance 1 $1.25 $0.50 $0.00 $0.00 $0.00 $4.44 $3.70 $3.23 $3.26 $3.28 Customer Service $2.50 $2.50 $2.50 $2.50 $2.50 Cost per household $6.94 $6.20 $5.73 $5.76 $5.78 1 Costs have been phased in over 2 years 2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement * Rates are effective May 1 2020 2021 2022 2023 2024 Actual Estimate2 Estimate2 Estimate2 Estimate2 Yard waste drop off site $15.30 $15.59 $15.88 $16.18 $16.48 Cost phase-in allowance 2 $3.00 $1.50 $0.00 $0.00 $0.00 Cost per tonne $18.30 $17.09 $15.88 $16.18 $16.48 1 Costs have been phased in over 2 years 2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement 2020 2021 2022 2023 2024 Actual Actual Estimate1 Estimate1 Estimate1 Landfill Tipping Fees $16,400 $16,470 $16,720 $16,970 $17,220 Annual Cost $16,400 $16,470 $16,720 $16,970 $17,220 1 Future period rates are estimated; recalculation will be based on paragraph 2.5.1 of the agreement ANNUAL FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "A" PER HOUSEHOLD FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "B" PER TONNE FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "C" Page 20 of 28 Page 1 of 2 Subject: 2021 Capital Pre-Budget Approvals Report Number: FIN 20-44 Author: Sheena Pawliwec, CPA, CGA Meeting Type: Council Budget Meeting Meeting Date: Monday, December 7, 2020 RECOMMENDATION THAT Council receives report FIN 20-44 2021 Capital Pre-Budget Approval; AND THAT Council give Pre-Budget Approval for Recreation, Culture & Parks Project X81 PerfectMind Booking Software $10,000; AND THAT Council give Pre-Budget Approval for Operations Project X99 Asphalt Program $400,000; AND THAT Council give Pre-Budget Approval for Operations Project X96 Sidewalk Connectivity Program $200,000; AND THAT Council give Pre-Budget Approval for Operations Project X95 Vienna Road Rehabilitation $1,922,000. BACKGROUND Staff presented the 2021 Capital & Operating Budgets for Council’s consideration at the November 30th Council Budget meeting. Included in the 2021 Capital Budget are projects which may benefit from immediate action. These projects include the PerfectMind booking software, asphalt and sidewalk connectivity programs, and Vienna Road Rehabilitation. DISCUSSION An advantage of providing early Capital project approval is that this permits for both better planning and costing. Furthermore, the additional time period of almost two months allows staff, applicable user groups, and contractors to prepare for the impact of these projects in the future period. Page 21 of 28 FIN 20-44 Page 2 of 2 Specific project details relating to each of the identified Capital projects is contained within Appendix A – RCP Pre-Budget Project Description and Appendix B - Operations Pre-Budget Project Descriptions. FINANCIAL IMPACT/FUNDING SOURCE The following summary reflects the sources of funding for these projects; COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A – RCP Pre-Budget Project Description Appendix B – Operations Pre-Budget Project Descriptions Project #Project Name Expenditure Grants Reserves Taxation Comment X81 PerfectMind Booking Software 10,000$ 10,000$ X99 Asphalt Program 400,000$ 400,000$ Federal Gas Tax X96 Sidewalk Connectivity Program 200,000$ 138,600$ 61,400$ DC Reserves X95 Vienna Road Rehabilitation 1,922,000$ 1,729,800$ 192,200$ Connecting Link Total Pre-Budget Request 2,532,000$ 2021 Pre-budget Approval Summary Page 22 of 28 Page 23 of 28 Page 24 of 28 Page 25 of 28 Page 26 of 28 Page 27 of 28 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-114 A BY-LAW to confirm the proceedings of Council at its meeting held on the 7th day of December, 2020. 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; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on December 7, 2020, 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 7th DAY OF DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 7th DAY OF DECEMBER, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 28 of 28