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210222 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, February 22, 2021 4:30 PM Electronic Meeting 1.Call to Order 2.Closed Session (4:30 p.m.) Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider personal matters about identifiable individuals, including municipal or local board employees and to consider a proposed or pending acquisition or disposition of land by the municipality or local board . 2.1.Adoption of Agenda 2.2.Disclosures of Pecuniary Interest and the General Nature Thereof 2.3.Adoption of Closed Session Council Minutes 2.4.Reports 2.4.1.239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees 2.4.2.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.5.Back to Open Session 3.Adoption of Agenda (6:00 p.m.) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of February 22, 2021, be approved. 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: ________________ Seconded By: ________________ THAT the minutes of the regular Council meeting held on February 8, 2021, and the minutes of the Special Council meeting held on February 16, 2021, be approved. 7.Presentations 8.Public Meetings 8.1.Public Meeting - 2021 Development Charges Update Study Presenter: Sean-Michael Stephen, Watson & Associates Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receives the presentation by Watson & Associates regarding the 2021 development charges update study, as information; AND THAT a By-Law be brought forward for consideration at the March 22, 2021 Council meeting. 9.Planning Reports 10.Delegations 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 13.1.Town of Ingersoll Resolution Re: County Council Page 2 of 116 Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the Town of Ingersoll dated February 8, 2021, as information. 14.Staff Reports 14.1.Chief Administrative Officer 14.1.1.CAO 21-03 County Composition Consideration Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for every 6,000 electors thereafter; AND FURTHER THAT the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election; AND FURTHER THAT the distribution of weights be split equally where the area municipality has more than one representative at County Council; AND FURTHER THAT the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. 14.2.Corporate Services 14.2.1.CS 21-07 SCOR Appointments Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Alex Piggott, Transit Co-ordinator, be appointed as the Town’s representative on the Technical Committee; AND THAT Carlos Reyes, Director of Operations and Development, be appointed as the Town’s representative on the Executive Committee. 14.2.2.CS 21-08 Outdoor Patios Page 3 of 116 Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council supports the extension of the Pilot Program for Outdoor Patios on Municipal Property through the Encroachment By-Law Process; AND THAT all fees and charges be temporarily waived for restaurants choosing to use municipal property in 2021. 14.2.3.CS 21-09 Accessibility Status Update 2020 Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receive the accessibility status update 2020, as information. 14.3.Economic Development 14.3.1.EDM 21-05 RFP 2021-002 Tree Removal Services Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receive report EDM 21-05 RFP 2021-002 Tree Removal Services; AND THAT Council award RFP 2021-002 to Beaver Brook Tree Service of Parkhill, ON at a cost of $129,000 (not including net HST) - the lowest bid received satisfying all Tender requirements. 14.4.Finance 14.4.1.FIN 21-07 US Bank Procurement Card Rebate Program Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council authorizes the Mayor and Treasurer to sign the U.S. Bank Canada Procurement Card Application Amendment including any required associated documents for the purposes of enrolling the Town of Tillsonburg in the Rebate Program. 14.5.Fire and Emergency Services 14.6.Operations and Development Page 4 of 116 14.6.1.OPD 21-03 TGO Intown Route Improvement Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-03 T:GO Intown Route Expansion; AND THAT a bus stop be added in front of the library on Broadway Street; AND THAT the Intown bus route be expanded to include this bus stop. 14.6.2.OPD 21-04 2020 to 2021 Gas Tax Program Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT a By-Law be brought forward to authorize the Mayor and Clerk to sign the Letter of Agreement with the Province of Ontario for the Dedicated Gas Tax Funds for Public Transportation Program. 14.7.Recreation, Culture and Parks 14.7.1.RCP 21-05 Award of Contract - Optimist Park Playground Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives report RCP 21-05 Award of Contract – Optimist Park Playground, as information; AND THAT Council award the RFP Contract to Openspace Solutions Inc., Wellesley, Ontario for $67,295.00, exclusive of applicable taxes. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives the Culture, Heritage and Special Awards Committee minutes dated February 3, 2021 and the Tillsonburg Airport Advisory Committee minutes dated January 21, 2021, as information. Page 5 of 116 16.2.Long Point Region Conservation Authority Board Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the Long Point Region Conservation Authority Board Minutes dated January 13, 2021, be received as information. 17.Motions/Notice of Motions 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19) 19.2.A By-Law to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19); and A By-Law to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program, 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.Confirm Proceedings By-law Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-026, to Confirm the Proceedings of the Council meeting held on February 22, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Items of Public Interest 22.Adjournment Proposed Resolution #19 Page 6 of 116 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of February 22, 2021 be adjourned at ____ p.m. Page 7 of 116 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, February 8, 2021 6:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart 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 Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Page 8 of 116 2 Resolution # 2021-060 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of February 8, 2021, be approved. 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 Councillor Esseltine requested the following addition under item 14.3.1: The grant was an Accessibility Renovation Grant to support a wheelchair ramp for access to the new deck and the interior of the restaurant. Resolution # 2021-061 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the minutes of the Council meeting held on January 25, 2021, as amended, be approved. Carried 7. Presentations 8. Public Meetings 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 11.1 CAO 21-02 Economic Development Advisory Committee Recommendation Jesse Goossens, Chair, Economic Development Advisory Committee, was present to answer questions. Opportunity was provided for comments and questions from Council. Page 9 of 116 3 Mr. Goossens indicated the intent of the recommendation is for the Committee to be included on the circulation of the noted items for informational purposes. Clarity was sought regarding what types of development applications the Committee is interested in. Mr. Goossens indicated development applications would only include commercial and industrial. Resolution # 2021-062 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report CAO 21-02 Economic Development Advisory Committee Recommendation, as information; AND THAT Council endorses the recommendation from the Economic Development Advisory Committee to allow the committee to be included on the circulation of the following development applications to act as a review and commenting body: Downtown, Industrial, Commercial, Façade Grants, Subdivision Agreements, Road Construction (notices) and Community Improvement Plans. Carried 12. COVID-19 The Mayor shared information on the Province’s announcement earlier in the day regarding the reopening of the economy. 13. Information Items 13.1 SCOR Appointment There was discussion regarding appointing staff members and an elected official. The CAO recommended that the appropriate staff appointments would be the Transit Coordinator and the Director of Operations. Resolution # 2021-063 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from SCOR dated January 22, 2021, as information; AND THAT staff bring forward a report with recommendations. Page 10 of 116 4 Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 21-05 Media Relations Policy Opportunity was provided for comments and questions from Council. Staff will be developing an internal training program for staff and Council. It was asked if a Social Media Policy will be developed. Staff will be developing a communications strategy and plan that will identify different communication mediums and how best to interact with them; this would include the development of a Social Media Policy. Resolution # 2021-064 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Media Relations Policy as presented be approved. Carried 14.2.2 CLK 21-06 Council Meeting February 16, 2021 Resolution # 2021-065 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT February 16, 2021 at 10:00 a.m. be scheduled as a Special Council Meeting to deal with the Community Strategic Plan. Carried 14.3 Development and Communication Services 14.4 Finance Page 11 of 116 5 14.5 Fire and Emergency Services 14.6 Operations 14.7 Recreation, Culture & Park Services 14.7.1 RCP 21-04 2020 Year End Report Opportunity was provided for comments and questions from Council. A status report regarding the Recreation, Culture and Parks departmental service review will be provided at an upcoming meeting. The report will identify what recommendations have been implemented and what recommendations are outstanding. Staff confirmed the visit numbers for the Health Club include public and staff. Resolution # 2021-066 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report RCP 21-04 2020 Year End Report, for information. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes 17. Motions/Notice of Motions 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-019, to appoint a Treasurer and to repeal By-Law 2020- 079 19.2 By-Law 2021-020, to appoint a Deputy Treasurer Resolution # 2021-067 Moved By: Councillor Luciani Seconded By: Councillor Esseltine Page 12 of 116 6 THAT By-Law 2021-019, to appoint a Treasurer and to repeal By-Law 2020-079; and By-Law 2021-020, to appoint a Deputy Treasurer, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Confirm Proceedings By-law Resolution # 2021-068 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT By-Law 2021-018, to Confirm the Proceedings of the Council meeting held on February 8, 2021, 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 Upcoming Council meetings include:  Tuesday, February 16, 2021 at 10:00 a.m. Special Council meeting to deal with the Community Strategic Plan.  Tuesday, February 16, 2021 at 4:30 p.m. for the purpose of holding public meetings for planning applications.  Monday, February 22, 2021 at 6:00 p.m. regular meeting. 22. Adjournment Resolution # 2021-069 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council meeting of February 8, 2021 be adjourned at 7:02 p.m. Carried Page 13 of 116 1 The Corporation of the Town of Tillsonburg Special Council Meeting MINUTES Tuesday, February 16, 2021 10:00 AM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart 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 Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 10:00 a.m. 2. Closed Session 3. Adoption of Agenda Page 14 of 116 2 Resolution # 2021-070 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Agenda as prepared for the Special Council meeting of February 16, 2021, be approved. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Planning Minutes of Previous Meeting 6. Presentations 6.1 Boulevard Strategy Re: Community Strategic Plan Workshop Erin O’Hoski, Boulevard Strategy Group was present to facilitate the Community Strategic Plan workshop. Council recessed at 12:00 p.m. Council resumed at 12:30 p.m. 7. New Business 8. Motions/Notice of Motions 9. By-Laws 10. Confirm Proceedings By-law 11. Adjournment Resolution # 2021-071 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Special Council meeting of February 16, 2021 be adjourned at 2:08 p.m. Carried Page 15 of 116 February 22, 2021 Town of Tillsonburg 2021 Development Charges Update Study 1 Public Meeting Page 16 of 116 Introduction •This meeting is a mandatory requirement under the Development Charges Act (D.C.A.) •Prior to Council’s consideration of a by-law, a background study must be prepared and available to the public a minimum of 2 weeks prior to a public meeting and provided on the municipality’s website 60 days prior to by-law passage •Purpose of the public meeting is to provide an overview of the proposed amendment and to receive public input on the matter Public Meeting Purpose 2 Page 17 of 116 Introduction •Development Charges (D.C.) Update Study prepared to amend the Town’s 2019 D.C. Background Study and By-law 4315 •Purpose of the proposed D.C. by-law amendment is to: •Reflect recent amendments to the D.C.A. made through the More Homes, More Choice Act, and COVID-19 Economic Recovery Act, including: •Changes to the D.C. recoverable costs (i.e.removal of the 10% statutory deduction, updates to capital cost estimates and reallocation of service specific growth-related studies); and •Changes to the timing of calculation and collection of D.C.s and statutory exemptions •All other components of the 2019 D.C. Background Study and D.C. By- law 4315 remain unchanged Development Charges Update Study and By-law Amendment 3 Page 18 of 116 D.C. By-law Amendment •Changes to the D.C. recoverable costs by service include: •Removal of the 10% statutory deduction from the calculation of the charge for Parks and Recreation Services and Administration Studies •Reallocation of service specific studies and inclusion of D.C. amendment costs D.C. Eligible Costs 4 Municipal Wide Services/Class of Service: Roads and Related 8,775,358 8,835,358 60,000 Fire Services 489,400 526,900 37,500 Police Services 44,644 44,644 - Parks & Recreation 677,510 923,561 246,051 Administration Studies (Growth-Related Studies)382,596 137,441 (245,155) Total 10,369,508 10,467,904 98,396 Change ($)2021 By-law Amendment2019 D.C. StudyService/Class Page 19 of 116 2020 D.C. Amendment Proposed Schedule of Charges 5 2019$ 2021$ Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples (per m 2 of Gross Floor Area) (per Wind Turbine) Municipal Wide Services/Class of Service: Roads and Related 4,462 2,379 1,609 2,803 19.86 4,462 Fire Services 550 293 198 346 2.57 550 Police Services 47 25 17 29 0.22 47 Parks & Recreation 1,172 625 423 736 1.02 - Growth-Related Studies 297 158 107 187 1.35 297 Total 6,528 3,480 2,354 4,101 25.01 5,356 NON-RESIDENTIAL Service/Class RESIDENTIAL Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples (per m 2 of Gross Floor Area) (per Wind Turbine) Municipal Wide Services/Class of Service: Roads and Related 4,704 2,508 1,697 2,955 20.93 4,704 Fire Services 580 309 209 364 2.71 580 Police Services 49 26 18 31 0.23 49 Parks & Recreation 1,235 659 446 776 1.08 - Growth-Related Studies 313 167 113 197 1.43 313 Total 6,882 3,669 2,483 4,323 26.37 5,647 Service/Class RESIDENTIAL NON-RESIDENTIAL Page 20 of 116 D.C. Impacts and Municipal Comparisons 6 Page 21 of 116 2020 D.C. Amendment Development Charge Comparison (2021$) 7 Service/Class Current 2021 By-law Amendment Change ($)Change (%) Municipal Wide Services/Class of Service: Roads and Related 4,675 4,704 30 0.6% Fire Services 540 580 40 7.4% Police Services 50 49 - 0.0% Parks & Recreation 907 1,235 329 36.3% Growth-Related Studies 422 313 (109) -25.8% Total 6,592 6,882 290 4.4% Municipal Wide Services/Class of Service: Roads and Related 20.80 20.93 0.13 0.6% Fire Services 2.52 2.71 0.19 7.5% Police Services 0.23 0.23 - 0.0% Parks & Recreation 0.79 1.08 0.28 35.4% Growth-Related Studies 1.97 1.43 (0.54) -27.4% Total 26.31 26.37 0.06 0.2% Residential Single and Semi-Detached Dwelling Non-Residential (per sq. m. of Gross Floor Area) Page 22 of 116 Municipal D.C. Comparison per Single Detached Residential Dwelling Unit (2021$) 8 $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 Residential Development Charges (per Single Detached Dwelling) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 23 of 116 Municipal D.C. Comparison $ per sq.m. of Commercial Gross Floor Area (2021$) 9 $0 $50 $100 $150 $200 $250 Commercial Development Charges (per sq.m. of GFA) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 24 of 116 Municipal D.C. Comparison $ per sq.m. of Industrial Gross Floor Area (2021$) 10 $0 $20 $40 $60 $80 $100 $120 Industrial Development Charges (per sq.m. of GFA) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 25 of 116 D.C. By-law Policies 11 Page 26 of 116 D.C. By-Law Policies •Except for the following revisions, policies contained within By- law 4315, remain unchanged •Rental housing and institutional developments will pay D.C.s in 6 equal annual payments, commencing from the date of occupancy •Non-profit housing will pay D.C.s in 21 equal annual payments, commencing from the date of occupancy •D.C. for developments proceeding through Site Plan or Zoning By-law Amendment will be determined based on the charges in effect on the day the application is made •Charges to be frozen for a maximum period of 2 years after planning application approval 12 Page 27 of 116 D.C. By-Law Policies •Interest on installment payments and charges calculated at Site Plan or Zoning By-Law Amendment application will be imposed as identified the Town’s amending by-law. Proposed policy is consistent with that of the County and area-municipalities (excl. Woodstock). •Interest to be charged at the Bank of Canada Prime lending rate + 2% •Interest rate to be determined at April 1st of each year •This interest rate is to be fixed throughout the duration of the installment payments Interest Charges 13 Page 28 of 116 D.C. By-Law Policies •Residential intensification (within existing residential buildings or structures ancillary to existing residential buildings): •May add up to two apartments for a single detached home as long as size of home doesn’t double •Add one additional unit in medium & high density buildings •The creation of a second dwelling unit in prescribed classes of new residential buildings, including structures ancillary to dwellings Statutory Exemptions 14 Page 29 of 116 Next Steps 15 Page 30 of 116 Next Steps •Council will receive input from the public and consider any amendments to the D.C Update Study and draft amending By-law •Council to approve D.C Update Study and consider adoption of amending D.C. By-law –March 22, 2021 •By-law effective date –April 1, 2021 16 Page 31 of 116 YEAS RECORDED VOTE 2020 NAYS Councillor Kristy Van Kooten-Bossence Councillor Michael Bowman Councillor Rick Eus Councillor Gordon Lesser Councillor Brian Petrie Deputy Mayor Fred Freeman Mayor Ted Comiskey TOTALS Lost by__________________ Carried by __________________ Town of Ingersoll Resolution of Council Regular Meeting of Council February 8, 2021 Moved by Deputy Mayor Freeman_ Seconded by Councillor Petrie THAT The Council of the Corporation of the Town of Ingersoll receives report numbered A-002-21 as information; AND FURTHER THAT the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for every 6,000 electors thereafter, AND FURTHER THAT the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election, AND FURTHER THAT the distribution of weights be split equally where the area municipality has more than one representative at County Council, AND THAT the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. Page 32 of 116 Department Report A-002-21 Regular meeting of Council February 8, 2021 Department: Administration Report Number: A-002-21 Council Meeting Date: February 8, 2021 Title: County Composition Consideration Objective To provide Council with an option for discussion and consideration on realigning the Composition of County Council. Background Council is aware that the County, as required by the Province, is to review and establish its composition prior to the next municipal election. It was to have been completed by December 31st 2020 but has been granted and extension until March 31, 2021. A new composition or retaining the status quo both require a triple majority of municipalities as defined by the Municipal Act. The Status Quo was proposed by County Council but has failed to meet the threshold required. Primarily the Urban municipalities have not approved the status quo, where 50 percent of the Council is made up of Urban Councillors and 50 percent of Rural Councillors, as acceptable for the following reasons: 1. Urban municipalities represent more that 65 percent of the population of the County. 2. Assessment of the Urbans represents more than 65 percent of the total for Oxford County. As such the basic tenant of democracy or representation by population is not being expressed in the current County Council Structure. Page 33 of 116 Department Report A-002-21 Regular meeting of Council February 8, 2021 The current Warden of the County attended Ingersoll Council in December 2020, where Ingersoll expressed its concerns with the status quo. Including the required need to elect the Warden at large, considering the term and remuneration for the position. To Staff’s knowledge it is unaware of any other activity on addressing the legislative requirement. Failure to submit to the province will leave the composition to the Minster to determine. Staff do not believe that this would be a concern, however a local solution would be preferable in most cases. Analysis Staff have considered the situation and understand that the Province may be unwilling to significantly increase the number of County elected representatives. However there is a way to ensure better representation without adding significantly to the number at County Council. Based on Warden Martin’s own numbers better representation could be achieved by utilizing a weighted voting system. In today’s technological era the implementation of a weighted voting system would be relatively straight forward and easily accomplished. To argue otherwise is not being realistic. Woodstock would not have to reduce the number of representatives at County Council, their current three members could be allocated 1.33 votes each, totaling the four that they should have under a more balanced system. They could arrange them in a format to suit the City, this is just one option. Likewise no municipalities would lose any votes, if each municipality were guaranteed at least one vote and an additional vote for each multiple of 6000 electors thereafter. The Warden expressed concern that those municipalities that did not have at least 6000 elector should maintain at least one vote, that should be avoided by ensuring the base for each municipality is one vote. In this way Tillsonburg would be able to have two votes based on the Warden’s own numbers. Electing a Warden at large is also something the Council has requested be given consideration, in any restructuring of the County Council. Although this is not an unreasonable idea, staff would suggest that it not be pursued at this time for the following reasons: 1. The Province, prior to the municipal elections in 2018, eliminated directly elected heads of Council in four regional governments. The likelihood of that option finding favour with this government at this time is unrealistic. Page 34 of 116 Department Report A-002-21 Regular meeting of Council February 8, 2021 2. County Councillors themselves are not likely to support the proposal, where the weighted voting system is less contentious, just fairer. County Council members themselves have expressed that they would not support a directly elected head of Council change. Achieving a better balance of representation through a weighted vote is more advantageous than achieving nothing by proposing too many changes that would not find favour at the County level of governance. Based on the current numbers the voting totals would be as follows under a weighted system for one vote for every 6000 electors, if implemented: Woodstock 4 votes Tillsonburg 2 votes Ingersoll 1 vote Norwich 1 vote SWOX 1 vote Zorra 1 vote EZT 1 vote B-B 1 vote Total 12 votes The change here would provide that the Urbans would have 58 percent of the vote while the rurals would retain 42 percent. This still does not achieve a true representation of the elector distribution but it is a move in the right direction. As has been seen in the past County Councillors vote not necessarily along urban/rural lines, there is nothing that would suggest a redistribution would impede that going forward. Each member of County Council is independent in their decision making relative to the position their home municipal Councils may support. There have been recent examples of this to demonstrate the practice. Interdepartmental Implications N/A Financial Implications No financial impacts on the Town of Ingersoll Page 35 of 116 Department Report A-002-21 Regular meeting of Council February 8, 2021 Recommendation That The Council of the Corporation of the Town of Ingersoll receives report numbered A-002-21 as information; And further that the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for every 6,000 electors thereafter, And further that the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election, And further that the distribution of weights be split equally where the area municipality has more than one representative at County Council, And that the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. Attachments None. Approved by: William Tigert, Chief Administrative Officer Page 36 of 116 Page 1 of 4 Subject: County Composition Consideration Report Number: CAO 21-03 Department: Office of the CAO Submitted by: Kyle Pratt, Chief Administrative Officer Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for e very 6,000 electors thereafter; AND FURTHER THAT the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election; AND FURTHER THAT the distribution of weights be split equally where the area municipality has more than one representative at County Council; AND FURTHER THAT the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. BACKGROUND Council is aware that the County, as required by the Province, is to review and establish its composition prior to the next municipal election. It was to have been completed by December 31st 2020 but has been granted an extension until March 31, 2021. A new composition or retaining the status quo both require a triple majority of municipalities as defined by the Municipal Act. The Status Quo was proposed by County Council but has failed to meet the threshold required. Page 37 of 116 CAO 21-03 Page 2 of 4 Primarily the Urban municipalities have not approved the status quo, where 50 percent of the Council is made up of Urban Councillors and 50 percent of Rural Councillors. Contributing factors that the urban municipalities have not approved the status quo include, but are not limited to: 1. Urban municipalities represent more that 65 percent of the population of the County. 2. Assessment of the Urbans represents more than 65 percent of the total for Oxford County. As such the basic tenant of democracy or representation by population is not being expressed in the current County Council Structure. The current Warden of the County attended Tillsonburg Council in December 2020, where Tillsonburg expressed its concerns with the status quo. Including the required need to elect the Warden at large, considering the term and remuneration for the position. To Staff’s knowledge it is unaware of any other activity on addressing the legislative requirement. Failure to submit to the province will leave the composition to the Minster to determine. Staff do not believe that this would be a concern, however a local solution would be preferable in most cases. DISCUSSION Staff have considered the situation and understand that the Province may be unwilling to significantly increase the number of County elected representatives. Nevertheless, there is a way to ensure better representation without adding significantly to the number at County Council. Based on Warden Martin’s own numbers better representation could be achieved by utilizing a weighted voting system. In today’s technological era the implementation of a weighted voting system would be relatively straight forward and easily accomplished. Woodstock would not have to reduce the number of representatives at County Council, their current three members could be allocated 1.33 votes each, totaling the four that they should have under a more balanced system. They could arrange them in a format to suit the City, this is just one option. Similarly, no municipalities would lose any votes, if each municipality were guaranteed at least one vote and an additional vote for each multiple of 6000 electors thereafter. The Warden expressed concern that those municipalities that did not have at least 6000 electors should maintain at least one vote. Ensuring the base (1 vote) for each municipality would accomplish this. Page 38 of 116 CAO 21-03 Page 3 of 4 Under these circumstances, Tillsonburg would be able to have two votes based on the Warden’s own numbers. Electing a Warden at large is also something the Council has request ed be given consideration, in any restructuring of the County Council. Although this is not an unreasonable idea, staff would suggest that it not be pursued at this time for the following reasons: 1. The Province, prior to the municipal elections in 2018, el iminated directly elected heads of Council in four regional governments. The likelihood of that option finding favour with this Provincial government at this time is unrealistic. 2. County Councillors themselves are not likely to support the proposal, where the weighted voting system is less contentious, just fairer. County Council members themselves have expressed that they would not support a directly elected head of Council change. Achieving a better balance of representation through a weighted vote is more advantageous than achieving nothing by proposing too many changes that would not find favour at the County level of governance. Based on the current numbers, the voting totals would be as follows under a weighted system for one vote for every 6000 electors, if implemented: Woodstock 4 votes Tillsonburg 2 votes Ingersoll 1 vote Norwich 1 vote SWOX 1 vote Zorra 1 vote EZT 1 vote B-B 1 vote Total 12 votes The change here would provide that the Urbans would have 58 percent of the vote while the rurals would retain 42 percent. This still does not achieve a true representation of the elector distribution but it is a move in the right direction. As seen in the past, County Councillors do not necessarily vote along urban/rural lines, and as such there is nothing that would suggest a redistribution would impede that going forward. Each member of County Council is independent in their decision making relative to the position their home municipal Councils may support. There have been recent examples of this to demonstrate the practice. Page 39 of 116 CAO 21-03 Page 4 of 4 CONSULTATION Michelle Smibert, Director of Corporate Services/Clerk FINANCIAL IMPACT/FUNDING SOURCE There are no financial implications associated with this report. 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 None. Page 40 of 116 Page 1 of 3 Subject: South Central Ontario Region Economic Development Corporation (SCOR) Appointments (Southwest Community Transit) Report Number: CS 21-07 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Alex Piggott, Transit Co-ordinator, be appointed as the Town’s representative on the Technical Committee; AND THAT Carlos Reyes, Director of Operations and Development, be appointed as the Town’s representative on the Executive Committee. BACKGROUND At the meeting held on February 8, 2021, Council reviewed the attached letter from SCOR and directed a staff report for appointment recommendations. Resolution # 2021-063 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from SCOR dated January 22, 2021, as information; AND THAT staff bring forward a report with recommendations. DISCUSSION Given Alex Piggott’s position as Transit Co-ordinator, it makes sense that he is appointed on the Technical Committee. At the Council meeting there was some discussion about the appointment to the Executive Committee on whether the appointee should be staff member or a member of Council. Page 41 of 116 CS 21-07 Page 2 of 3 The correspondence from SCOR does indicate “staff” members for both and that each municipality is able to appoint an alternate. It was only upon further enquiry that SCOR indicated the following: “The Executive Committee person does not need to be a staff person. It could be an elected official. They need to have decision making / signing authority on behalf of their municipality.” As all of Council or the majority of Council is needed to make decisions, one member of Council cannot. Under the delegation by-law, staff has been given some authority to make decisions in certain instances. It is still not certain what decisions, if any, this appointee will be making on behalf of the municipality. Staff is recommending that the Director of Operations and Development, Carlos Reyes be appointed. If a member of Council is interested in the position, then the recommendation may be amended. CONSULTATION Transportation Co-ordinator, Director of Operations and Development, CAO. FINANCIAL IMPACT/FUNDING SOURCE None. 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 Page 42 of 116 CS 21-07 Page 3 of 3 ☐ 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 – SCOR Correspondence Appendix B – MOU Page 43 of 116 South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G 0C4, P: 519-842-6333 www.scorregion.com | www.scorbusinessportal.com January 22nd, 2021 Mayor Stephen Molnar 204-200 Broadway Tillsonburg, Ontario N4G 5A7 Dear Mayor Molnar, On behalf of SCOR EDC and members of the Southwest Community Transit (SCT) network, we wish to welcome your community as a valuable member of this collaboration. In accordance with the Memorandum of Understanding we have jointly participated in; we are requesting an appointment of two staff persons to represent you in the network. We request at least one appointment for each of the committee tiers of the partnership. You can appoint an alternate if you wish as well. 1. An appointment to the SCT Executive Committee 2. An appointment to the SCT Technical Committee Your appointed representative will ensure that your communities have adequate representa- tion and reap the most value from the partnership. The position of Chair of the SCT network as laid out in the MOU is a member of the SCOR EDC Board of Directors. The SCOR EDC Board has appointed Alison Warwick, SCOR EDC Vice Chair, Middlesex County Councillor and Mayor of Thames Centre. Please submit your appointees to the SCOR Board of Directors through this email. If you have any questions please don’t hesitate to reach out. Kind regards, Robert Chambers SCOR EDC Chair Page 44 of 116 Memorandum of Understanding -Establishment of the Southwest Community Tran sit Association Version 1.7 -May 25, 2020 Memorandum of Understanding for the establishment of the Southwest Community Transit Association 1.0 INTRODUCTION 1 .1 Preamble A group of municipalities and not-for-profit organizations in Southw es t Ontario (Members) have come togethe r to form the Southwest Community Tran sit (SCT) Assoc iation, which is mandated to coordinate the integrated d elivery of inter-community public transportation services in so uthwest Ontario, share information and deve lop b es t practices, identify economies of scale through shared purcha sing and operating agreements, and act as a common voice to support long-term sustainable tran sit funding . The purpo se of this Memorandum of Understanding (MOU) is to describe what the municipalities agree to undertake and how they will go about delivering this mandate. This Memorandum of Und er standing further sets out arrangements and understandings concluded in good faith betwee n all participating Members. 1.2 Definitions and Acronyms "Annual Report" m ea ns the r eport prepared by th e Exec utive Committee to all participating M embe r s. "Association" means the voluntary unin corpo r ated group of M embers that have formed und er gu idance of a M em o r andum of Und er sta nd to ac hieve a co mmon m andate. "Chair" me ans a person ha s bee n appointed to preside over and direct meetings of the Executive Committee an d Technical Committee. "Executive Committee" m ea n s a committee of se nior leve l r epre se ntative with deci sion making authori ty from each r espective Member that guides the act ion s take n by the Assoc iation . "Member" m ea n s a participating individual municipality or organization that h as sign ed the MOU and is in good standin g. "MOU" means this Memorandum of Und ers t anding, ente r ed into betwee n all p articipating municipaliti es. "Technical Committee" mean s a committee of individuals ge n erally r espo n sibl e fo r th e day-to -day operation and d elivery of the inter-community public transpo rtati on serv ice for eac h Member that help assess and impl eme nt strateg ic direct ion s and action s directed by th e Executive Committee. "SCT " m ea n s th e Southwest Co mmunity Transi t Association . Dillon Co n sulting Limited Page 1 Page 45 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 "Stakeholder" means persons or representatives of organizations or municipalities that hav e expressed a vested intere st in advancing the "Mandate" of the Association , but are not Members of the Association. 1.3 Membership The municipalities and organizations (the Members) that have formed to operate and/or support SCT are: • Brant, County of (unconfirmed); • Grey County (confirmed); • Lambton Shores, Municipality of (unconfirmed); • Middlesex County (unconfirmed); • Norfolk County (unconfirmed); • Owen Sound, The City of (unconfirmed); • Oxford County (confirmed); • Perth County (unconfirmed); • Stratford, the City of (unconfirmed) • Strathroy-Caradoc, Municipality of (unconfirmed); and • Tillsonburg, Town of (unconfirmed). M ember ship t o the Association and the ability to vote on direc tions set by an Executive Committee will b e limited to : 1. Municipalitie s that operate or fund the operation of an inter-community public transpo rtation service within Southwestern Ontario. 2. Municipalitie s that provide ongoing funding or in -kind support that is co nsid ered integ ral to the planning and delivery of an inter-community public transportation service operated by another municipality within their jurisd iction. This could include pre-purcha se d fares, infra structure provisions or in-kind contributions. 3. Organizations that provide ongoing funding or in-kind se rvice s that ar e integral to th e operation of an inter -co mmunity public transportation serv ic e. 4. The Sou th Ce ntral Ontario Region Eco nomic Development Co rporation, which does not operate or fund an inter-co mmunity public transportation serv i ce, but will lev er age its network and provide r eso urces to operate th e Association. The scope and nature of the public transportation service delivered by each Municipal Member is decided by each Member and varies substantially. It is r ecog niz ed th at other municipaliti es and organizations m ay choose to join th e SCT Association and m ay be add ed to the current M ember ship bas ed on the above noted crite ria. New M emb er ship into the Association would be decided by an Ex ec utive Comm ittee by vote. Dill on Con sulting Limited Pag e 2 Page 46 of 116 Memorandum of Understanding - Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 1.4 Effective Date and Duration This MOU and any amendments are in effect on the date they are signed by the Members and remain in effect until a replac ement MOU is sig ned by all Members or until all Members agree to dissolve the Association. 1.5 Amendments and Termination The Members agree to review the terms of the MOU every three (3) years, or at any other time upon agreement by vote of Members on the Executive Committee. This MOU will automatically extend for up to three (3) additional one year terms. At any point an existing Member can agree to leave the Association by providing at leas t three (3) months termination notice in writing to the Chair of the Executive Committee. Amendments to the MOU will be in writing, dated and signed by the Members, including those which have the authority to bind their respective municipal organizations and all be directed to execute such amendments by their respective municipal Council s or an organization's Board . Once signed, amendments will be attached to, and form part of this MOU . A s of three (3) years after the signed date of the ag reem ent, an individual Member may terminate their participation in this MOU by giving written notice at least three (3) months prior to this date. A d ecis ion to t erminate the Association could only be made by the Executive Committee by vote. Th e dec ision to terminate th e Association would be in writing, dated and sign ed by M e mbers in the Executive Committee. 2.0 MANDATE Eac h M em ber has agreed to esta bli sh an Association to be known as Sou thwes t Community Tr ans it (SCT ). SCT is a voluntary unincorporated Asso ciation comprised of M em bers that will function as a non - bindin g advi so ry bo ard to fulfil the following mandate: • Provide a sea mle ss and integra ted customer experience for p asse ngers using eac h of the Member inter-community public tran spo rtatio n se rvi ces; • Prom ote inte r-community co nn ec tion s betwee n the M ember public transportation services; • Identify and share bes t pra ctices, operating and ridership data and Key Performance Indicators (KPls) to be used in the planning and delivery of inte r-com munity public tran sportation services; • Id entify potential operating effici e ncie s and capital sav ings that may ari se from Members pooling their re sources or purchasing as a single entity; • Present a unified voice to the Province of Ontario and other key sta ke hold er s with r ega rds to matters that dea l with th e long-t erm sust ainability of inter-community public transportation se rvi ce in So uthweste rn Ontario. Dillon Cons ulting limited Page 3 Page 47 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 The Association will function as a non-binding advisory board, for the purpose of setting direction, providing information and recommending strategies and actions that will address th e above noted Mandate. Members will continue to have full approval authority over inter-community public transit se rvices they fund and operate. 3.0 MEMBER RESPONSIBILITIES In order to participate in the Association, each Member is re spon sible for the following: • Op e rat e and maintain a safe, reli able and accessible inte r-community public transportation service within their jurisdiction or support the planning and delivery of inter-community public transportation services through either ongoing funding, pre -purcha se d fares, infra structure prov isions or in-kind contributions that are considered integral to the operation of the serv ice ; • Designate a senior level representative with decision making authority to participate in the Association Executive Committee; • De signate an individual r es ponsible for d ay-to-day operation/management of the Member's inter-community public transportation service to participate in the Association Technical Committee (Members that operate an inter-community public transportation serv ice only); • Actively pa rticipat e in Association activities, in cluding Committee M ee tings, working groups that may be established from tim e to tim e, co mmunity outreach and e ngage m e nt, and liaiso n with se nior levels of government and other st ake hold ers; • Share relevant data a nd information nec essa ry for the success ful operation o f t he A ssociat io n and a ny of the initi atives t h at it und erta kes (subj ect to privac y le gislation); • Impl e m e nt and follow the direc tion s, actions, standard term s, polici es and procedures that may be es t ab li shed by the Assoc iation 1 . 4 .0 ASSOCIATION GOVERNANCE M e mbers of the Associat ion will id e ntify a r ep r ese ntative that sits on both a n Exec utive Committee a nd a Technical Committee. 4 .1 Executive Committee Th e Association will be gove rned by an Exec utive Commi tte e made up of a sing le se nior leve l repr ese ntative se lected by eac h Member that has signing a uthority from eac h r es pective M em ber. 1 Decisions made by Association will have status for actio ns that adva nce th e "M and at e" of the Associa ti on for inter-community public transit and that do not req uire additio nal fundin g co mmitment from an indivi dual M ember municipality(s) or M ember Or ga ni za tion(s). Decisions th at that impact transit serv ices ent irely w ithin the jurisdic t ion of one municipality o r that req uire additional fundin g from M embers would co ntinu e to r eq uire approval at individual Municipal M ember co un cil s and Organizational Boards. Di ll on Con sulting Limited Page 4 Page 48 of 116 Memorandum of Understanding -Establishment of the Southwest Community Tran sit Association Version l. 7 -May 25, 2020 4.1 .1 Guiding Principles The Executive Committee will be guided by the following set of principles: • Customer-focused; • Integrated/seamless service throughout the area se rved by the Members; • Respect existing local decision-making authority, collective agreements, service plan s and fiscal circumstances; • Fiscal responsibility; • Openness to unconventional and leading edge approaches to customer se rvice, management, and service delivery; and • Long-term sustainable operation of inter-co mmunity public transportation services within and between each Member community. 4 .1 .2 Responsibilities The Executive Committee is r es ponsible for: • Deciding and prioritizing what direction s, activities and actions the Association wi shes to undertake; • Establishing and maintaining standard operating terms, policies and procedures as required; • Establishing and maintaining th e SCT brand, including logo, brand value statement, and brand and logo usage guidelines; • Over see in g the SCT Tec hnical Committee and any other committees or working groups th at may be established from time to time; • Oversee in g the coordination of SCT market ing and communication activities; • Overseeing government relations and advocacy t o se nior leve ls of government as it relates to inter-community public tran sp ortation; • Act ing as a unified voi ce for public transportation for the Members; • Coordinating the pre paration of any necessary agreements required betwe en two or more M embe r s for the implem entat ion of any initi at iv es that the Association or a gro up of its members may wi sh to undertake; • Reviewing requests to add ne w municipal or organization members into the Association from time to time, that m eet the r equirem ents of M embe rship by amending the MOU; • Am endin g the MOU from time to tim e to improve the operation s of the Association or to better fulfil the Mandate; and • Preparing a report for Associat ion M ember s eac h calendar yea r (see Section 8.0). 4 .1.3 Meetings The Executive Committee will meet as r eq uired, but at a minimum of four times per ca len d ar y ear. M eetings ca n be in per so n or virtual as ap propri ate, however, a full in perso n m eeting should be held at l east once per ca lendar year. Dillon Co nsu lting Limited Page 5 Page 49 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 4.1.4 Chair and Vice Chair A member from the South Central Ontario Region Economic Development Corporation (SCOR EDC) will serve as Chair of the Executive Committee. The Chair will be selected by the Executive Committee by vote from a list of candidates identified by the SCOR EDC Board . The Chair is a non-voting Member of the Executive Committee that brings a broader and strategic perspective to setting the agenda. The Chair will also act as a neutral third-party that is not tied to the intere sts of one individual Member municipality. SCOR EDC represents the broader regional intere st and has a long history of bringing together a number of municipalities to increase the profile of inter- community transportation in southwest Ontario . The Chair will have the following responsibilities: • Set the agenda and chair meetings of the Executive Committee; • Ensure all actions taken by the Executive Committee feed into the broader SCT Mandate; • Provide dispute resolution that may occur between Members; • Lead the periodic review of the MOU; and • Prepare an Annual Report of th e activities and outcomes of the As soc iation . A Vice Chair of the Executive Committee will be selected by vote from among the SCOR EDC Board or a voting M ember of the Executive Committee. The role of the Vic e Chair will be to support the Chair and act on the Cha ir's be half wh en the Chair is not avai labl e. Th e Vice Chair will n ot hav e voting rights wh en h e/she is ac ting in the capac ity of the Chair. Th e Chair and the Vic e Chair shall be se lec t ed by the Executive Committee annually, with no individual se rvicing more than three consecutive terms. 4.1.5 Decision Making and Voting Rights Decisions of the Exec utive Co mmittee are to be reach ed through unanimous consensus of the M e mbe r s by vote. Decisions made by th e Ex ec utive Committee will have stat us in the Associat ion for actions that advance the "Mandate" of th e Association for inter-community transit and that do not r equire an ad ditional funding comm itment from an individu al M ember. Decisions that impac t transit serv ic es entirely within the jurisdiction of one municipality or that require addition al funding from M embers may r eq uire approva l at individu al Municipal M ember councils and Organizational Boards. Notwithstanding the above, decisions by the Executive Committee are non-binding and Member Councils will continue to have the decision-making authority to accept or reject the advice of the SCT Executive Committee. M embe r s of the Exec utive Committee will eac h receive one (1) vote for decisions passed by the Ex ec ut ive Com mittee . M em ber s may, from time to time, se nd more than one r eprese ntative to an Exec utive Co mmittee meeting, recognizing that only one (1) r ep r ese ntative from eac h M em b er will have voting ri ghts. Dill on Consu lti ng Limi ted Page 6 Page 50 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Ver sion 1.7 -May 25, 2020 If more than one represe ntative from a Member participates on the Executiv e Committee, only will of the represe ntatives from that M ember will receive voting rights. 4.2 Technical Committee Th e Executive Committee will be supported by a Technical Committee. Each Member will appoint one perso n to the Technical Committee. Thi s perso n will be the individual generally re sponsible for th e day- to-d ay operation and delivery of the inte r-community public transportation service for ea ch Membe r. The Technical Committee repre se ntative can also be the Member r e pre sentative on the Executive Committee. Thi s will be at the disc retion of e ach Member. 4.2.1 Responsibilities The Tec hnical Committee is re sponsible for: • Implementing the directions, activities, actions, operating terms, policies and procedures es tabli sh ed by the Executiv e Committee; • Coordinating the day-to-day activities of SCT; • Addressing various topics and issu es as they arise; and • Identifying a Chair and Vice Chair of the Technical Committee to lead discus sions and report back to th e Executive Committee at eac h of the quarterly meetings or as required. 4.2.2 Meetings Th e Tec hni ca l Committee will meet as r e quired, but at a minimum of four tim es p e r calendar year. Meetings ca n be in person or virtual as appro pri ate, however, a full in person meeting should be held at least twi ce pe r ca le nd ar year. 4.2.3 Chair and Vice Chair A Chair a nd Vic e Chair of the Tec hnical Committee will be se lect ed from am o ng th e Co mmittee 's me mbe r s annually. M ee ting notes will be t a ke n by the ho st of th e m ee ting (the M em ber initiating the virtual meeting a rra nge me nts o r ho st in g the physical meeting). 4.2.4 Decision Making and Voting If at a ll possible, decisions of the Tec hnical Committee are to b e reached thro ug h consensus of th e M e mbe rs . If t hi s ca nnot be obtained, then a vote of M e mbe rs will occur, with a simple m ajo rity being req uired for a d eci sion . M eeting quorum will be a simpl e majority of th e M e mb e r s. 4.3 Stakeholder Group The Executive Committee or Tec hnical Committee a re a bl e to invite St akeho lders to participate in meeting s h e ld by e ither the Ex ec utive Co mmittee or th e Tec hnica l Co mmittee from time -to-time that hav e ex pre sse d a v es t e d inte r es t in advancing the "Mandate" of the Assoc iation, but are not M e mb e r s of the Association. St ake hold ers can include: Dillon Co nsul t ing Limited Page 7 Page 51 of 116 Memorandum of Understanding-Establishment of the Southwest Community Tran sit Association Version 1.7 -May 25, 2020 • Municipalities that are serviced by a Member inter-c ommunity transit system, but do not operate or contribute funding or significant in -kind services to inter-co mmunity public transportation; • Private businesses, not-for-profit organizations or associations who have employees, customers or clients that would benefit from improvements to inter-community public transportation provided by a Member(s) of the Association; and/or • Indu stry associations that represent the broader public interest and can leverage its networks to promote the "Mandate" of the Association (e.g. representing the public transportation industry or rural municipal needs). Stakeholders that participate in meetings held by the Executive or the Technical Committee will be expected to: • Provide input to the Technical Committee when developing or implementing directions, activities, actions, operating terms, policies and procedures established by the Executive Committee; • Provide feedback and participate in Executive Committee discussion when requested; and/or • Contribute to the advancement of the "Mandate" of the Association. Members of the Stakeholder Group will not have voting rights on the Associ ation. Annual Membership fees do not apply to Stakeholders. 5.0 OPERATIONS OF THE ASSOCIATION The Op e ration of the Assoc iation will be led by the So uth Central Ontario Reg ion Economic Deve lopment Corporation (SCOR EDC). SCOR EDC will be responsible to : • Provide administrative functions to the Executive Committee regarding the on-going operation of th e Assoc iation. Thi s includes but is not limited to: o organizing and providing a suitab le meeting space or arranging on-line alternatives; o taking and distributing minutes during Ex e cutive Committee meeting s; o addressing amendments to the MOU; o addressing requests from M e mb e r s to leav e the Assoc iation or n ew municipalities or organizations to join the Association; • Identifying candidate from the Board that will b e se lected by vote to Chair the Ex ec utive Committee; • Prepare an Annual Report of th e activities a nd outcomes of the As sociation; • Write grants or other funding applications as directed by the Ex ecut ive Committee that would ben efit inter-community public tran sportation of Members of the Association; • Provide dispute resolution that may occur between M e mbe r s; and Dillon Consulting Limited Pag e 8 Page 52 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 • Lead the periodic review of the MOU . The Chair of the Executive Committee will, from time to time, be able call on other Members of the Executive Committee to assist in carrying out th e above noted responsibilities using in-kind resources from each Member municipality. 6.0 MEMBER FEES Each Member of the Association will agree to pay annual fees, which will used to fund the Operations of the Association as noted in Section 5.0. Members that are also members in good standing of SCOR EDC will have their annual fees for SCT covered by their SCOR EDC membership. All other Members that are not members in good standing of SCOR EDC will pay annual fees of $2,000. Membership fee will be reviewed from time to time by the Executive Committee. Annual fees are due on the 1 st of January each year, and will be in place for one full year . For members of SCOR EDC, Members must be in good standing of SCOR EDC for the duration of the MOU. A pro- rated Members fee will be determined upon the ratification of this MOU, or for Members that join during other tim es of the year. Annual f ees for subsequent yea r s will b e du e to SCOR EDC 14 days prior to the annual Membership coming due. Fees not pai d in full within the agreed to timeline may r es ult in suspe n sion or termination from the Association, as determined by the Executive Committee by vote. 7.0 ASSOCIATION RESPONSIBILITIES The Members will work, through the Association, to address the following r espo nsibilities : • Brand: M aintain the SCT name, brand and logo, including a brand value state ment, and brand and logo u sage guidelines. Th e logo for SC T is ide ntified in Schedule A of this docum ent. Apply the brand and logo in all relevant contexts acco rding to the u sage guidelines-this includes on fl eet, bus stops, web-based and oth er electronic materials, and printed materials. • Marketing and Communications : Support Member transit services by developing communications, marketing and promotional activities that promote inter-community transit se rvices and generate awareness to potential cu stomers. • Website: Develop and m aintain an SCT web site which provides links to all M embe r inter- co mmunity transit se rvices and direc t information on the Association mandate and activities relevant to the public or other sta ke hold ers. Dillon Co nsu lting Limi ted Page 9 Page 53 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 • Bus Stop Identification: Utilize a bus stop identification design template as identified in Schedule B of this document for all fixed -route inter-community public transportation services. The template allows for Members to add their own personalized local information, but in a consistent format the respects the SCT brand. • Fare Structure and Policy: Adopt policies that support passenger convenience for transfers between Member systems. In doing so, the Member public transportation service that takes the initial fare will keep the revenue. Work towards a similar fare structure and policy for topics such as age categories and other concessionary fares. Work towards identifying a fare media strategy, including the potential for a smart card and/or mobile payment approach that is compatible with neighbouring transportation systems that have connecting services, and with as many Member systems as possible. • Planning and Scheduling: Identify and validate inter-community travel patterns. Work towards schedules that accommodate seamless transfers between connecting Member systems. Develop consistent approach for implementing the General Transit Feed Specification (GTFS) data to allow customers to readily plan trips between two or more systems; • Accessibility: Develop common practices and policies for accessible bus stops, training, access, and other accessibility topics; • Technology: Work together to utilize technology that is either used by all Members or can integrate with Member systems, with the objective of planning a seamless customer experience across sys tems, and identifying opportunities to minimize one-time capital and/or ongoing operating costs through collective purchasing. Consider and prioritize technology approaches for trip planning, mobile payment, real-time passenger information, on-demand transit planning and operations software, and communications. • Fleet: Work together to identify opportunities to standardize fleet where it improve s the customer experience (e.g. ability to accommodate mobility devices) and/or red uces cap ital costs for M ember municipalities that purchas e vehicles or specify vehicles as part of an operating contract; • Standard Operating Terms/Policies and Procedures: Identify opportunities to deve lop Standard Operating Terms/Policies and Procedures for SCT that benefits the customer experience, sa fety practices, and/or the efficiency and effectiven ess of se rvice delivery. • Service Standards: Work togethe r to identify to develop a common se rvice standards document to guide service delivery and measure performance through a series of Key Performanc e Indicators. • Advocacy: Work together to present common iss ue s and concerns to senior level s of government and other key stakeholders in order to susta in ab ly facilitate the success, coordination, and extension of Southwestern Ontario Community Transportation Grant Program projects into the future (i.e. Ontario Gas Tax funding, continued grant funding, etc.). Support and contribute to the efforts of the Ontario Public Transportation Association (OP TA ). • First Mile-Last Mile Integration: Deve lop strategies and supporting policies I programs to facilitate local 'first-mile/last-mile' opportunities to e nhance inter-community connectivity and Dillon Consu lting Limited Page 10 Page 54 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 feeder services to Member inter-community transit services and passenger rail corridors, while improving local mobility. 8.0 ANNUAL REPORTING An Annual Report will be prepared by the Chair of the Executive Committee, with input from the Technical Committee. The Annual Report shall include: l. Current status of Membership. 2. Goals and Key Performance Indicators established by the Executive Committee at the beginning of each fiscal year. 3. Report on accomplishments, actions achieved and next steps. Annual Reports will be presented to the Executive Committee by the Chair, which will be provided to each Member to distribute and/or present to their respective Councils or Boards for information. 9.0 SIGNATORIES Thi s Agreement may be executed by the parties hereto in separate counterparts, each of which so executed shall be deemed to be an original. Such counterparts together shall constitute one and the same instrument and, notwithstanding the date of execution, shall be deemed to bear the effective date set out at the top of page one (1) of this Agreement. Each of the parties who signs the signature page of this Agreement does hereby warrant that it ha s read, reviewed, fully understand s, and is agreeable to be bound by the content of eac h page of this Agreeme nt and that this Agreem ent is enforceable in application to the endorsing party. Delivery of an executed copy of a signature pag e to this Agree ment sca nned in pdf. form and provided by e-mail or provided by facsimile transmis sion shall be deemed to be effective delivery of an original executed copy of this Agr ee ment, and each party hereto undertakes to provide each other party with a copy of the Agreement bearing original signatures forthwith upon demand. Dillon Consu lting limited Pag e 11 Page 55 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 IN WITNESS WHEREOF this Memorandum of Understanding has been executed by the Town of Tillsonburg hereto on the date(s) set out below and the Town of Tlllsonburg agrees that this Memorandum of Understanding shall be effective on the date set out at the top of page one (1) of this Memorandum of Understanding. Dillon Co n sulting limite d Town of Tillsonburg Date: June 22, Stephen Molnar Mayor P e r \J~ Michell e Smib ert Town Clerk *W e have authority to bind the Corporation Page 12 Page 56 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 SCHEDULE A: SCT LOGO Members will agree to use the brand "SCT" to represent the Association and the following logo and colour pallet. ~~ Southwest Community Transit Dillon Consulting Limited Page 13 Page 57 of 116 Memorandum of Understanding -Establishment of the Southwest Community Transit Association Version 1.7 -May 25, 2020 10.0 SCHEDULE 8: SCT BUS STOP DESIGN Municipal Members will agree to use the following bus stop design at inter-community stops that connect one or more Member transit service . A decision for a Member to deviate from this sign can be approved by the Executive Committee. ROYta 2 st9nase lR011ndPost lnstaibtionl '"''"' rw .. ,... . "''""' 1w '"'"" '"' L .1:~ !!'t!G :E~_.1!'!!9 L :I:~ l!lli!G ~, c·1 · o:r fr u 1!: !!1.t~ e ~ ~ "'""'~ ......., . ~~~ !!Y!G fr u :E~-P.!1!9 "'~ "'=""Gb ~ , "'""".-.; ""i'r=""O ..,. er,1 Dillon Con sul t in g Limite d Inter-Community Bus Stop Page 14 Page 58 of 116 Page 1 of 3 Subject: Temporary Patios on Municipal Property (extension of Pilot Program) Report Number: CS 21-08 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council supports the extension of the Pilot Program for Outdoor Patios on Municipal Property through the Encroachment By-Law Process; AND THAT all fees and charges be temporarily waived for restaurants choosing to use municipal property in 2021. BACKGROUND In June of 2020, Council approved a pilot program for Outdoor Patios on Municipal Property in an effort to assist those businesses that were negatively impacted by COVID. In preparation for the 2021 Patio Season, staff as well as representatives of the BIA discussed the Pilot Program in terms of what went well and what parts of the guidelines or process we need to tweak or change. DISCUSSION Economic Development, Operations, Building and Clerk’s staff reviewed the guidelines which are attached and the main change needed was the dates that patios can open and close. As part of our review, the Chief Building Official (CBO) reached out to those restaurants who participated in the program in 2020 and received some really positive feedback and it was the ask of those restaurants to commence the patio program earlier this year. The Page 59 of 116 CS 21-08 Page 2 of 3 Executive Director of the BIA also supported the continuation of the pilot program in 2021. As expected, there was some discussion on how this pilot program can transition into a more permanent program. Staff will be looking at program options available to support this request for the patio season in 2022 and beyond. There are many municipalities that do allow outdoor patios in conjunction with their business licensing by-law and or through a rental agreement for utilizing Town lands for this purpose. Staff also noted that changes to the infrastructure on Broadway to better assist with the placement of outdoor patios might be an option to consider as well depending on funding sources. CONSULTATION Executive Director and Chair of the BIA, Economic Development Commissioner, Chief Building Official and Manager of Public Works, Restaurant Owners who participated in the program in 2020. FINANCIAL IMPACT/FUNDING SOURCE None. 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 Page 60 of 116 CS 21-08 Page 3 of 3 ATTACHMENTS Appendix A – Outdoor Patio/Encroachment on Municipal Property Draft Guidelines Page 61 of 116 Page 1 of 4 Outdoor Patios/Encroachment on Municipal Property Draft Guidelines The Town of Tillsonburg allows downtown eating establishments or coffee shops to establish temporary seasonal patios by using on-street parking spaces along municipal streets which have curb side on street parking as well as in municipal parking lots. The 2021 outdoor patio season is established between April 15th to November 1st *. (*May be permitted earlier at the Town’s discretion depending on weather and completion of required maintenance) All outdoor patios and/or sidewalk by-passes must be designed and constructed to the satisfaction of the Town of Tillsonburg. The patio structure must be maintained at all time to be safe and in good condition, periodic inspections by Town staff may be conducted and any required corrections or modifications will be made by the Patio owner. LOCATION  Permitted only on streets with existing on-street parking or in municipal parking lots.  Curb side patios shall be permitted only where the outdoor patio installation can be located directly in front of the associated business; however, the Town may, in their sole and absolute discretion, consider other locations in proximity to the business should there be extenuating circumstances.  Parking lot outdoor patios will be permitted only where a municipal parking lot is located adjacent to the associated business.  Curb side patios should be located at least one (1) parking stall away from an intersection unless approved with alternative solutions.  Proposals will be assessed and approved in accordance with vehicle volumes, sightlines and visibility to the satisfaction of Town staff.  Proposals must not obstruct underground utility access, electrical transformer vaults, utility boxes, loading zones, transit stops and other infrastructure Page 62 of 116 Page 2 of 4  Proposals must avoid conflicts with existing pedestrian crossings or provide options of maintaining a barrier free pedestrian corridor. DESIGN STANDARDS  All parts of the outdoor patio and/or sidewalk by-pass must adhere to Ontario Regulation 191/11 Integrated Accessibility Standards Part IV.1 Design of Public Spaces Standards.  Where there are residential dwellings in the same building the outdoor patio should not interfere with the ability of first responders to access the building.  Any outdoor patio deck or sidewalk by-pass design will vary depending on the slope of the street and the overall design of the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the patio or sidewalk by-pass.  Any gates must swing into the patio space and not obstruct the sidewalk  Tables shall not exceed a height of 0.865 metres (34”) above the finished floor of an outdoor patio.  No umbrellas or other treatments can extend into the sidewalk or travelled portion of the roadway.  Any lighting will be subject to review and shall be designed and installed in such a way as to not create a visual or physical distraction to the travelling public on the sidewalk or roadway.  The outside edge of the outdoor patio must be at least 0.5m (20”) from the travelled portion of the roadway, creating a 0.5m (20”) clear zone.  At each end of the parking space, wheel stops must be placed 1.2m (48”) from the edge of patio to provide a buffer from the next parking stall.  Proposals must have vertical elements that that are at least 1.2m (48”) high that make them visible to traffic, such as flexible posts or bollards or landscape planters and include reflective elements so as to be visible by traffic at night. These elements should be placed 0.5m (20”) from both corners of the outdoor patio and be in line with the edge of the patio that is parallel to the travelled portion of the roadway.  The patio surface must be designed for easy removal an d to prevent damage to the underlying infrastructure. The applicant’s plan for affixing wheel stops and flexible reflective posts must be included as part of the application package and requires acceptance by the Town.  Guardrails or Railings must be present on at least the three sides of an outdoor patio located within an on-street parking area and shall be constructed to the following specifications: o must be a minimum of 0.91m (36”) and no higher than 1.07m (42”) in height. o must be designed and attached in a manner to resist a concentrated load at any point of not less than 1 kN, and, Page 63 of 116 Page 3 of 4 o must be designed and attached in a manner to resist a uniformly distributed load of 0.75 kN/m.  The outdoor patio must not interfere with proper drainage of the roadway (curbs/catch basins in the immediate area must be free of obstructions)  Any necessary maintenance completed by the Town will be at cost of staff time plus administration. COPY OF CURRENT LIABILITY INSURANCE  General Liability Insurance from an insurer licensed in the Province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Town of Tillsonburg against any liability for property damage or personal injury, negligence including death which may arise from the applicants operation s under this agreement. The Town of Tillsonburg must be included as an “Additional Named Insured”. In addition the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. ADDITIONAL CRITERIA  Any outdoor patio arrangement must accommodate 2m physical distancing within the proposed layout including the pedestrian corridor.  Smoking shall be prohibited on any outdoor patio, pursuant to the Smoke -Free Act with ‘no smoking’ signage posted at the entrance/exit.  Applicants must provide notice to adjacent business neighbours of their proposals.  Applicants accept responsibility for any and all damages that occur to the platform or patio and associated fixtures and chattels.  Electrical power cords or any device that crosses the travelled portion of the sidewalk will not be permitted.  All eating establishment or coffee shop must provide a minimum of 6 non- alcoholic menu items.  Outdoor food preparation will not be permitted  Business owners interested in obtaining a liquor license for the outdoor patio will require license approval from the AGCO. This is a separate process to be undertaken by the applicant.  Businesses are required to maintain the occupied space AND pedestrian bypass/boardwalk free of litter and debris during occupancy and immediately after the structure is removed.  The Applicant agrees to comply with the hours of operation established in any subsequent lease agreement. Page 64 of 116 Page 4 of 4  Upon completion of any work, the Applicant agrees to restore the property at its expense to the satisfaction of the Town of Tillsonburg and to remove all debris and rubbish.  Outdoor patios shall comply with all applicable Town By-laws.  The Town of Tillsonburg reserves the right to cancel the lease of any municipal space at any time for failure to comply with the conditions described above. APPLICATION REQUIREMENTS Please follow the steps below to submit an application;  Prepare plans and drawings of the proposed outdoor patio installation(s) with dimensions in accordance with the criteria outlined above.  Complete the on-line Encroachment Permit Application https://governmentevolved.com/encroachment.html APPROVAL PROCESS ****It is recommended that each restaurant/café book a consultation with the Town – please contact the Chief Building Official Geno Vanhaelewyn at gvanhaelewn@tillsonburg.ca or 519-688-3009 Ext. 4601********** Step 1 – Submit your Encroachment Permit application, as noted above. Step 2 – Revise application in response to staff comments, as necessary. Step 3 – Clear conditions of approval. Step 4 – Construct outdoor patio installation(s). Step 5 – Contact Town staff re: inspection prior to use. Step 6 – Obtain final approval. All applications submitted will be reviewed/approved by Town staff. Page 65 of 116 Page 1 of 4 Subject: Accessibility Status Update 2020 Report Number: CS 21-09 Department: Corporate Services Submitted by: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council receives the accessibility status update 2020, as information. BACKGROUND The Multi-Year Accessibility Plan 2019-2023 indicates that an annual status report will be completed to document the progress and measures taken to implement the Town of Tillsonburg’s strategy and meet the requirements of the Integrated Accessibility Standards Regulation. DISCUSSION 2020 Accessibility Achievements Accessibility achievements in 2020 included:  Playground Equipment Replacement Program – Glendale Park Playground – Barrier Free Play Structure – Installation April 2021.  Generational Swings – One generational swing was installed at Optimist Park, Trottier playground and Coronation Park in August 2020.  Sidewalk Connectivity Program Implementation – completed third quarter.  Change in the transit service provider for the in-town service – completed third quarter.  Launched a fully accessible Inter Community Transit service– completed third quarter. Accessibility Advisory Committee The Accessibility Advisory Committee met twice in 2020. Page 66 of 116 CS 21-09 Page 2 of 4 At their meeting on December 1, 2020, the Committee passed a resolution recommending that Council take additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather. At the December 14, 2020 meeting of Tillsonburg Town Council, the following resolution was passed: Resolution # 2020-575 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the recommendation from the Accessibility Advisory Committee, as information; AND THAT Council direct staff to take additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather by ensuring all boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. Staff implemented these additional measures in the first quarter of 2021. The next Accessibility Advisory Committee meeting is scheduled for March 9, 2021. Oxford County Joint Accessibility Advisory Committee The annual Oxford County Joint Accessibility Advisory Committee meeting was cancelled in 2020 due to the pandemic. 2021 Projects The following list of projects were included in the approved 2021 final budget and departmental business plans. These projects will improve the accessibility of Town facilities and services.  Customer Service Centre Façade update including the installation of barrier free sliding doors - second quarter.  Playground Equipment Replacement Program – Optimist Park Playground – Barrier Free Play Structure – installation May 2021.  Expand Electronic Receivables Acceptance – second quarter.  Accessibility for Ontarians with Disabilities Act (AODA) Website Upgrades – second quarter.  Additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather – completed in first quarter.  Airport Website redesign – second quarter.  Sidewalk Connectivity Program Implementation – third quarter.  Transit: o New fully accessible low floor bus in service – first quarter. o Bus stop improvements – second quarter. Page 67 of 116 CS 21-09 Page 3 of 4 o Relocate Stop 6 at Lisgar and VanNorman to improve access to this bus stop – second quarter. o Add bus stops along the current route to reduce travel distance to a bus stop – second quarter.  Parks and Trails Signage Replacement – second quarter.  Facility Booking Software Replacement – first quarter.  Pathway Upgrades – third quarter and subject to grant funding.  Implement Permit Web Portal and Digital Service Delivery – first quarter.  Branding – Wayfinding Signage – third quarter. Recreation, Culture and Parks Department Comments: Inclusive Play Inclusive play means creating a play environment that allows for a memorable interaction for children with their peers or caregivers. People integrate different play experiences together and place them on similar play routes so that children with limited mobility or developmental delays have the option to play alongside their peers leaving no child with a feeling of isolation. A playground is a social place where a child should feel safe, welcomed and accepted for who they are. In all the parks we purchase, it is imperative that we create an accessible and inclusive environment for all users. We ensure that we pay attention to the details so the park is welcoming for all. For our users with Sensory Processing Disorder each of the climbers use a dif ferent texture so that the user can find a climber that is comfortable for them. For our non- verbal users we ensured there were plenty of social play opportunities that don’t require verbal communication. For our users with Down Syndrome who love the spinning motion, spinner units provide the opportunity for users to spin together with peers creating an inclusive environment. Lastly, for users with visual impairment, we ensure that a colour contrast on the structure to establish entries and exits. We believe that by taking into account the wide range of abilities we see in the community we have created a playground that can provide an inclusive environment for all users. Feedback The Town of Tillsonburg welcomes public input as feedback helps to identify areas where changes need to be considered and ways in which we can improve facilities, goods and services. Should a member of the public wish to provide general feedback, comments or suggestion on how to improve accessibility in our facilities, goods or services please contact clerks@tillsonburg.ca or 519-688-3009 ext. 4041 or complete an Accessibility Comment or Complaint Form as found on the Town of Tillsonburg website at the following link: https://www.tillsonburg.ca/en/town-hall/Accessibility.aspx CONSULTATION Senior Leadership Team. Page 68 of 116 CS 21-09 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE Not applicable. 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 None. Page 69 of 116 Page 1 of 3 Subject: RFP 2021-002 Tree Removal Services Report Number: EDM 21-05 Department: Economic Development Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council receive report EDM 21-05 RFP 2021-002 Tree Removal Services; AND THAT Council award RFP 2021-002 to Beaver Brook Tree Service of Parkhill, ON at a cost of $129,000 (not including net HST) - the lowest bid received satisfying all Tender requirements. BACKGROUND The purpose of this report is to seek Council approval to award a contract for tree removal services on the Rokeby Road properties in order to enable the sale of the property for industrial development. DISCUSSION Fourteen companies registered to review the Request for Proposal documents with eight proposals received as follows: Bidder Location Bid Amount Beaver Brook Tree Service Parkhill, ON $129,000 Norfolk Landscaping Simcoe, ON $142,500* Premier North Ltd Huntsville, ON $186,500 1601901 Ontario Inc (Courtland) Tillsonburg, ON $262,995 1877980 Ontario Inc (Kodiak) Ancaster, ON $314,120 Greenline Earthworks Inc Tillsonburg, ON $336,577* Page 70 of 116 EDM 21-05 Page 2 of 3 StoneCast Contracting Limited Stoney Creek, ON $400,000 Tree Tech, Tree and Property Maintenance Specialists Inc Mitchell, ON $498,000 *Denotes adjustments made to provide accurate comparison CONSULTATION RFP 2021-002 Town of Tillsonburg Tree Removal Services was released on February 1, 2021 with a response deadline of February 12, 2021. The tender was advertised on the Town’s website, Tillsonburg News, Tillsonburg Bids and Tenders, and Biddingo. The Operations and Development Department have been provided with all the documentation for review. The Planner has confirmed that the Woodlands Conservation Bylaw does not apply to Town owned lands. This offer has been reviewed by Arborland Forestry Consulting who advised that the offer is very good and recommended that the Town proceed with securing them. FINANCIAL IMPACT/FUNDING SOURCE The Town secured an additional $55,000 from the Purchaser for the Rokeby Road lands in order to offset the costs of tree/brush clearing. In addition to this, the Town received a minimum offer of $52,185 from Townsend Lumber Inc for the harvestable timber on the property. The estimated contract costs of $129,000 will be offset by revenue of $107,185 leaving a remaining amount of $24,086 after HST adjustments. This remaining amount will be charged to the land sale. There is the potential for additional revenue from the harvestable lumber and, should the Town realize that, this additional revenue would offset these costs as well. These lands were acquired at a cost of $378,000 in 2009 and these costs, along with servicing costs and any legal/closing costs, would be charged against land sale revenue. The woodlot lands do not have any costs charged against them and do not need to be serviced; hence, the full revenue would be realized by the Town. 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 Page 71 of 116 EDM 21-05 Page 3 of 3 ☒ 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 None. Page 72 of 116 Page 1 of 2 Subject: U.S. Bank Canada Procurement Card Rebate Program Report Number: FIN 21-07 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council authorizes the Mayor and Treasurer to sign the U.S. Bank Canada Procurement Card Application Amendment including any required associated documents for the purposes of enrolling the Town of Tillsonburg in the Rebate Program . BACKGROUND The Town utilizes Purchasing Cards (P-Cards) to facilitate streamlined procurement. A five year agreement with U.S. Bank Canada was approved by Council and signed effective July 10, 2017 (FIN 17-23). A Rebate Program has been available however the Town has not historically met the existing minimum purchase volume criteria. Many (larger) municipalities able to meet this volume requirement have been utilizing this Rebate Program. DISCUSSION U.S. Bank Canada has recently amended their Procurement Card terms regarding the conditions for entry into their Rebate Program. Historically, the minimum annual expenditure for entry was $2 million however they have now expanded this to commence at $500,000. The Town’s annual P-Card expenditures meet this lower threshold condition and is now eligible to enroll in the Rebate Program. Registration requires the Town to enter into an extended term with U.S. Bank Canada. The term has been negotiated to three years expiring February 29, 2024. This reflects an extension of nineteen months past when the existing five year Agreement was set to expire. After this time the Agreement will either be renewed or terminated. Page 73 of 116 FIN 21-07 Page 2 of 2 FINANCIAL IMPACT There is no cost to the Town to enroll in the Rebate Program. Enrolling provides the Town an opportunity to earn cash-back (i.e. a rebate) on a percentage of total annual expenditures. The value of the annual rebate is dependent on the total annual expenditures incurred (i.e. performance). As the volume of the Town’s Purchasing Card expenditures increase, the greater the resulting annual rebate will amount to. Should the Town not meet the minimum $500,000 threshold a rebate will not be earned. Shortening the payment cycle also positively affects the rate of return. Though this is additionally attractive, a payment cycle of 14 days (currently 28 days) has be en selected which continues to permit staff adequate opportunity for expenditure review including any applicable dispute prior to payment processing. Based on a three year average of the Town’s total annual P-Card expenditures the estimated annual rebate under the 14 day payment cycle amounts to $7,677 (Table 1). Table 1: Potential Annual Rebate COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A – The Corporation of the Town of Tillsonburg Rebate Amendment Year Annual Expenditures 2020 899,886$ 2019 1,046,893 2018 1,165,563 Avg Annual Expenditures 1,037,447$ Rebate (0.42% + 0.32%) 0.74% Potential Annual Rebate 7,677$ Page 74 of 116 Confidential Confidential - PS Canada Direct Amendment Page 1 of 4 R 3/2020 AMENDMENT NO. 1 This Amendment No. 1 (“Amendment”) is entered into by Customer and U.S. Bank, operating through its Canada Branch (“U.S. Bank”). This Amendment will become effective upon signing by U.S. Bank (“Effective Date”). RECITALS A. Customer and U.S. Bank entered into the Commercial Card & Account Program Agreement, dated July 10, 2017, (the “Agreement”); B. Customer desires to receive a rebate from U.S. Bank on its One Card Accounts based on Customer’s performance under the Agreement; and C. Customer and U.S. Bank desire to modify the Agreement in the manner and on the terms and conditions set forth in this Amendment. Now, therefore, in consideration for the terms and conditions contained herein, Customer and U.S. Bank agree to the following: 1. Definitions. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Agreement. In addition, the following terms shall have the following meanings: 1.1 “Agreement Year” means a 12-month period beginning with the first day of the first month following the Effective Date of this Amendment. 1.2 “Charge-off” means any amount due and owing to U.S. Bank by Customer, its Participants or Account holders related to the Agreement that is classified as a charge-off under U.S. Bank’s then applicable accounting policies. 1.3 “Charge-off Adjustment” means the difference between Charge-offs and one-half of Charge-off Recoveries. 1.4 “Charge-off Recovery” means an amount equal to any monetary recovery related to a Charge- off. 1.5 “Combined Charge Volume” means for the applicable period, the sum of Net Standard Charge Volume and Net Discount Charge Volume. 1.6 “Discount Interchange Rate Program” means an interchange rate program where the rates assessed on particular transactions are less than the standard rates. Subcategories subject to differentiated discount volume percentage include transactions processed on large ticket program indicators and transactions assessed at network negotiated rates, all as reasonably determined by U.S. Bank. Transactions subject to Discount Interchange Rate Programs may change from time to time without notification to Customer. 1.7 “Net Discount Charge Volume” means all Charges set forth on the Statement furnished for the Accounts in an Agreement Year that qualify for and have applied to them a Discount Interchange Rate Program, less credits, and net of Charge-off Adjustments for the same Agreement Year. All other Charges, fees, cash advances, Fraudulent Charges, and chargebacks are excluded from Net Discount Charge Volume. 1.8 “Net Standard Charge Volume” means all Charges set forth on the Statements furnished for all Accounts in the Agreement Year other than those Charges qualifying for and having applied to them Discount Interchange Rate Program, less all credits, cash advances, fees, Fraudulent Charges, chargebacks (other than those counted as Fraudulent Charges) and net of Charge-off Adjustments for the same Agreement Year. Page 75 of 116 Confidential - PS Canada Direct Amendment Page 2 of 4 R 3/2020 2. Rebate. Customer may earn a rebate for its One Card Accounts. 2.1 Conditions. To be eligible for and to retain a rebate, Customer must: (i) satisfy all requirements in Table A; (ii) complete the Agreement Year in which a rebate is earned; (iii) not be subject to an uncured default at the time the rebate payment is due for such Agreement Year; (iv) pay all Accounts on all Statements no later than the day by which the payment is due; and (v) not change its Billing Cycle while this Rebate Amendment is in effect. If Customer fails to satisfy requirements of this section at the time of the scheduled rebate payment for a particular Agreement Year, U.S. Bank will not be required to pay Customer a rebate payment for such Agreement Year. If U.S. Bank reasonably anticipates that Customer will fail to satisfy requirement in this section, then: (A) U.S. Bank will not be required to pay Customer a rebate payment; and (B) upon request by U.S. Bank, Customer shall immediately reimburse any rebate payments Customer received during an incomplete Agreement Year. If Customer’s final net rebate is a negative amount, Customer shall reimburse U.S. Bank up to the amount of rebates U.S. Bank has previously paid to Customer. This Amendment immediately terminates if Customer’s Billing Cycle changes. Table A: Requirements One Card Accounts Combined Charge Volume ≥ $500,000.00 Minimum Rebate Earned ≥ $3,500.00 2.2 Rebate Calculation. If Customer satisfies all the applicable Table A requirements in an Agreement Year, U.S. Bank will calculate a rebate for the same Agreement Year as follows: (a) U.S. Bank will multiply the Net Standard Charge Volume by the applicable percentage on Table B (Net Standard Charge Volume Percentage) of section 2.4. However, if the Net Standard Charge Volume for such Agreement Year is less than $500,000, the amount under this subsection shall be deemed zero. (b) U.S. Bank will multiply the applicable Net Discount Charge Volume by the applicable percentage on Table C (Net Discount Charge Volume Percentage) of section 2.4. (c) U.S. Bank will add the amounts arrived at in sections 2.2(a) and (b) to arrive at Customer’s gross rebate for the Agreement Year. (d) U.S. Bank will apply Charge-off Adjustments and remedies, if any, to the gross rebate to arrive at Customer’s net rebate for the Agreement Year. For the avoidance of doubt, Section 2.2(d) is only a component in the calculation of the rebate payable for an Agreement Year and does not constitute the netting of any Charge-offs or any other amounts due to U.S. Bank against payments due to Customer. 2.3 Payment. U.S. Bank will pay Customer’s net rebate within 90 days after the completion of the applicable Agreement Year. U.S. Bank will pay Customer’s final net rebate within 90 days after Customer satisfies all Obligations and provides written instruction to U.S. Bank to close all Accounts. U.S. Bank may retain and will not be required to pay Customer rebate payments less than $3,500.00. U.S. Bank will not carry forward any rebate payment less than $3,500.00. [Remainder of this Page Intentionally Left Blank] Page 76 of 116 Confidential - PS Canada Direct Amendment Page 3 of 4 R 3/2020 2.4 Rebate Tables. Table B : Net Standard Charge Volume Percentage Weekly – Autopay 3 days after cycle Bi-Weekly – Autopay 7 days after cycle Monthly – Autopay 14 days after cycle Selection Net Standard Charge Volume Volume Percentage $500,000.00 0.5700% 0.5009% 0.3800% $1,000,000.00 0.6100% 0.5409% 0.4200% $2,000,000.00 0.7100% 0.6409% 0.5200% $3,000,000.00 0.8100% 0.7409% 0.6200% $5,000,000.00 0.9100% 0.8409% 0.7200% $7,500,000.00 1.0100% 0.9409% 0.8200% $10,000,000.00 1.0400% 0.9709% 0.8500% Table C: Net Discount Charge Volume Percentage Weekly – Autopay 3 days after cycle Bi-Weekly – Autopay 7 days after cycle Monthly – Autopay 14 days after cycle Net Discount Charge Volume Percentage 0.5100% 0.4409% 0.3200% 2.5 Registration. Customer shall register to receive rebate payments in the manner prescribed by U.S. Bank. U.S. Bank will not make any rebate payments until Customer has registered to receive payment. If Customer fails to register by the completion of an Agreement Year, Customer forfeits any payment for that Agreement Year. Customer designates the following person to register Customer: Rebate Payment Registration a) Authorized Person’s Name Sheena Pawliwec b) Authorized Person’s Email Address spawliwec@tillsonburg.ca 2.6 Interchange Rate. U.S. Bank may modify the rebate calculations or values, if existing interchange rates or programs are modified, or if new interchange rates or programs are developed. 3. Agreement Term. Notwithstanding anything to the contrary, the Agreement Term will end on February 29, 2024, subject to automatically renew as set forth in the Agreement. 4. Currency References. All references to dollars contained in this Amendment shall be deemed references to Canadian dollars. 5. No Further Modifications; Full Force and Effect; Conflicts. Except as expressly modified in this Amendment, all other terms and conditions of the Agreement are acknowledged by the parties and shall remain in full force and effect. The terms of this Amendment shall control over any inconsistent terms of the Agreement. Page 77 of 116 Confidential - PS Canada Direct Amendment Page 4 of 4 R 3/2020 6. Third Party Consent. Customer represents and warrants to U.S. Bank that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third-party consent or approval is required, Customer has obtained any and all such consents or approvals. Customer will indemnify and hold U.S. Bank harmless for any damage that may occur due to a breach of this representation and warranty. 7. Authorization and Execution. This Amendment may be executed and delivered by the parties electronically, and fully executed electronic versions of this Amendment, or reproductions thereof, will be deemed to be original counterparts. The signer represents and warrants that he or she is authorized by an applicable bylaw, article or other corporate authority to enter into all transactions contemplated by this Amendment. Date: Date: By Customer: The Corporation of the Town of Tillsonburg By U.S. Bank: U.S. Bank National Association, operating through its Canada Branch (Please Insert Full Legal Entity Name) (Signature of Authorized Signer) (Signature of Authorized Signer) (Printed Name of Authorized Signer) (Printed Name of Authorized Signer) (Printed Title of Authorized Signer) (Printed Title of Authorized Signer) Page 78 of 116 Page 1 of 4 Subject: T:GO Intown Route Expansion Report Number: OPD 21-03 Department: Operations and Development Submitted by: Alex Piggott, Transit Coordinator Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council receives report OD 21-03 T:GO Intown Route Expansion, AND THAT a bus stop be added in front of the library on Broadway Street, AND FURTHER THAT the Intown bus route be expanded to include this bus stop. BACKGROUND Through the Tillsonburg Transit Advisory Committee, staff continue to find enhancements and improvements to the transit service. DISCUSSION The Tillsonburg Transit Advisory asked staff for potential route improvements and expansions. Staff reviewed the bus stop usage from the service provider and passenger comments. Analysis of the bus stop usage shows many passengers are departing the bus at Stop 16 in front of the Station Arts Centre and then proceeding downtown. Staff is proposing that the Intown route be expanded from Stop 16 at the Station Arts Centre to continue on Bridge Street to Broadway, turn right onto Broadway, add a stop in front of the Library and continue on Broadway to Rideout Street turning right onto Rideout Street and then turn left onto Bidwell Street continuing on the route. This route expansion will allow passengers on the north half of the route to depart the bus at the Library and use the cross walk to go to the Mall, effectively reducing the ir travel time to get to the Mall. Passengers that want to go the south end of Tillsonburg could use this Page 79 of 116 OPD 21-03 Page 2 of 4 new bus stop for a timely service from the Mall area. This potential route expansion would add approximately 250m to the travel distance or approxim ately 1 minute to the schedule. The route expansion is shown in Appendix A. This proposed route expansion follows the travel pattern of passengers. The timing for this new bus stop will align with the departures for the Inter Community Transit service allowing for easier transfers between the routes. Section 8 of By-law 3701 exempts a municipal bus from the “No Stopping” provisions while using a designated bus stop. This route expansion is supportive of enhancing customer service on the transit service for both Intown and Inter Community Routes. CONSULTATION The Transit Advisory Committee reviewed this route expansion and additional stop at their regular meeting on November 17, 2020 and is recommending this expansion. Public Works has reviewed this route expansion and additional stop and has no concerns. The Service provider was consulted and has no concerns with the route expansion. Under the Municipal Class Environmental Assessment Act, adding or extending the route as being proposed to service another area on existing roads is considered a Schedule A+ activity. Schedule A+ activities require public notice of the project such as a report to Council prior to implementing. FINANCIAL IMPACT/FUNDING SOURCE No additional funding is required for this expansion. There is a bus stop sign available in the current sign inventory. Brochures will be updated when there is a need to print more brochures. Page 80 of 116 OPD 21-03 Page 3 of 4 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 – Potenital Route Expansion 1 Page 81 of 116 OPD 21-03 Page 4 of 4 Appendix A – Potenital Route Expansion Proposed new bus stop in front of library Page 82 of 116 Page 1 of 2 Subject: 2020 to 2021 Gas Tax Program Report Number: OPD 21-04 Department: Operations and Development Submitted by: Alex Piggott, Transit Coordinator Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT a By-Law be brought forward to authorize the Mayor and Clerk to sign the Letter of Agreement with the Province of Ontario for the Dedicated Gas Tax Funds for Public Transportation Program. BACKGROUND The Dedicated Funding for Public Transportation Act, 2013, provides that $0.02 of every litre of gasoline sold in the Province of Ontario is dedicated to the provision of grants to municipalities for public transportation. DISCUSSION The attached letter from the Minister of Transportation states the Town of Tillsonburg is eligible to receive $73,883 through this program. To receive this funding, the Town needs to approve the authorization of the signing Bylaw to enter into the attached agreement. CONSULTATION The Treasurer is aware of this funding allocation. FINANCIAL IMPACT/FUNDING SOURCE This funding is to be used for the provision of public transit in Tillsonburg, more specifically the intown T:GO service. The Inter Community Transit service is currently funded through a separate agreement with the Province. Page 83 of 116 OPD 21-04 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 – Gas Tax Program Letter dated January 14, 2021 Appendix B – Dedicated Gas Tax Funds for Public Transportation Program agreement dated January 14, 2021 Page 84 of 116 Ministry of Transportation Office of the Minister 777 Bay Street, 5th Floor Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transportation Ministère des Transports Bureau de la ministre 777, rue Bay, 5e étage Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transports January 14, 2021 107-2020-5060 Mayor Stephen Molnar Town of Tillsonburg 10 Lisgar Ave Tillsonburg ON N4G 5A5 Dear Mayor Molnar: I am pleased to announce the launch of the 2020-21 Gas Tax Program and to advise you of your funding allocation. Our government is committed to working with municipalities to improve Ontario’s transportation network and support economic growth. Investing in transit will reduce traffic congestion, create jobs and help businesses to develop and prosper. The Town of Tillsonburg will be eligible to receive an allocation of $73,883 for this program year. In the coming days, we will forward the electronic versions of your Letter of Agreement, along with program guidelines, reporting forms and the Canadian Content for Transit Vehicle Procurement policy to the primary contact at the Town of Tillsonburg. Please return a scanned copy of the signed Letter of Agreement in pdf format, the required supporting by-law (if applicable) and the 2020 Reporting Forms to MTO- PGT@ontario.ca. In the 2019 Budget, the province committed to reviewing the current program, in consultation with municipalities, to identify opportunities for improvement. Following a careful consideration of municipal and transit stakeholder feedback, the ministry implemented two changes that were identified as areas for improvement to the 2019-20 program: • The baseline spending requirement was removed; and • Municipalities were permitted to submit a scanned copy of the municipal by -law instead of a certified copy. The review of the Gas Tax program has been completed and no additional changes are being considered for the 2020-21 program. …/2 Page 85 of 116 -2- The ministry recognizes the impact that COVID-19 has had on municipal transit systems in 2020. We will continue to monitor the impacts to key elements, such as municipal transit ridership and the availability of funding that is generated from the sale of gasoline, as these influence the Gas Tax allocations for the 2021-22 program. If you have any questions regarding the program, please contact Jamie Pearce, Director, Municipal Programs Branch, at (437) 218-1788. Sincerely, Caroline Mulroney Minister of Transportation c. The Honourable Ernie Hardeman, MPP, Oxford Page 86 of 116 Ministry of Transportation Office of the Minister 777 Bay Street, 5th Floor Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transportation Ministère des Transports Bureau de la ministre 777, rue Bay, 5e étage Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transports January 14, 2021 Mayor Stephen Molnar Town of Tillsonburg 10 Lisgar Ave Tillsonburg ON N4G 5A5 Dear Mayor Molnar: RE: Dedicated Gas Tax Funds for Public Transportation Program This Letter of Agreement between the Town of Tillsonburg (the “Municipality”) and Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario (the “Ministry”), sets out the terms and conditions for the provision and use of dedicated gas tax funds under the Dedicated Gas Tax Funds for Public Transportation Program (the “Program”). Under the Program, the Province of Ontario provides two cents out of the provincial gas tax to municipalities to improve Ontario’s transportation network and support economic development in communities for public transportation expenditures. The Ministry intends to provide dedicated gas tax funds to the Municipality in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2020-21 Guidelines and Requirements (the “guidelines and requirements”). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which the Municipality has reviewed and understands and are hereby incorporated by reference, and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Ministry and the Municipality agree as follows: 1. To support local public transportation services in the Municipality, the Ministry agrees to provide funding to the Municipality under the Program to a maximum amount of up to $73,883 (“the “Maximum Funds”) in accordance with, and subject to, the terms and conditions set out in this Letter of Agreement and, for greater clarity, the guidelines and requirements. 2. Subject to Section 1, the Ministry will, upon receipt of a fully signed copy of this Letter of Agreement and a copy of the authorizing municipal by-law(s) and, if applicable, resolution(s) for the Municipality to enter into this Letter of Agreement, provide the Municipality with $55,412; and any remaining payment(s) will be provided thereafter. …/3 Page 87 of 116 -2- 3. If another municipality authorizes the Municipality to provide local public transportation services on its behalf and authorizes the Municipality to request and receive dedicated gas tax funds for those services also on its behalf, the Municipality will in the by-law(s) and, if applicable, resolution(s) described in Section 2 confirm that the Municipality has the authority to provide those services and request and receive those funds. 4. The Municipality agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry’s sole discretion, to any other adjustments as set out in the guidelines and requirements. 5. The Municipality will deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds and any related interest only in accordance with the guidelines and requirements. 6. The Municipality will adhere to the reporting and accountability measures set out in the guidelines and requirements, and will provide all requested documents to the Ministry. 7. The Municipality agrees that the funding provided to the Municipality pursuant to this Letter of Agreement represents the full extent of the financial contribution from the Ministry and the Province of Ontario under the Program for the 2020-21 Program year. 8. The Ministry may terminate this Letter of Agreement at any time, without liability, penalty or costs upon giving at least thirty (30) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement, the Ministry may take one or more of the following actions: (a) cancel all further payments of dedicated gas tax funds; (b) demand the payment of any dedicated gas tax funds remaining in the possession or under the control of the Municipality; and (c) determine the reasonable costs for the Municipality to terminate any binding agreement(s) for the acquisition of eligible public transportation services acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, and do either or both of the following: (i) permit the Municipality to offset such costs against the amount the Municipality owes pursuant to paragraph 8(b); and (ii) subject to Section 1, provide the Municipality with funding to cover, in whole or in part, such costs. The funding may be provided only if there is an appropriation for this purpose, and in no event will the funding result in the Maximum Funding exceeding the amount specified under Section 1. 9. Any provisions which by their nature are intended to survive the termination or expiration of this Letter of Agreement including, without limitation, those related to disposition, accountability, records, audit, inspection, reporting, communication, liability, indemnity, and rights and remedies will survive its termination or expiration. 10. This Letter of Agreement may only be amended by a written agreement duly executed by the Ministry and the Municipality. 11. The Municipality agrees that it will not assign any of its rights or obligations, or both, under this Letter of Agreement. …/3 Page 88 of 116 -3- 12. The invalidity or unenforceability of any provision of this Letter of Agreement will not affect the validity or enforceability of any other provision of this Letter of Agreement. Any invalid or unenforceable provision will be deemed to be severed. 13. The term of this Letter of Agreement will commence on the date of the last signature of this Letter of Agreement. 14. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please print and secure the required signatures, and then deliver a fully signed pdf copy to the Ministry at the email account below. Subject to the province’s prior written consent, including any terms and conditions the Ministry may attach to the consent, the Municipality may execute and deliver the Letter of Agreement to the Ministry electronically. In addition, all program documents are also to be sent to the following email account: MTO-PGT@ontario.ca Sincerely, Caroline Mulroney Minister of Transportation I have read and understand the terms and conditions of this Letter of Agreement, as set out above, and, by signing below, I am signifying the Municipality’s consent to be bound by these terms and conditions. Municipality _______________ ____________________________ Date Name (print): Title (head of council or authorized delegate): I have authority to bind the Municipality. _______________ ____________________________ Date: Name (print): Title (clerk or authorized delegate): I have authority to bind the Municipality. Page 89 of 116 Page 1 of 2 Subject: Award of Contract – Optimist Park Playground Report Number: RCP 21-05 Department: Recreation, Culture and Parks Submitted by: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, February 22, 2021 RECOMMENDATION THAT Council receives report RCP 21-05 Award of Contract – Optimist Park Playground, as information; AND THAT Council award the RFP Contract to Openspace Solutions Inc., Wellesley, Ontario for $67,295.00, exclusive of applicable taxes. BACKGROUND The purpose of this report is to present Council with the results of the Optimist Park Playground Request for Proposals (RFP) and to recommend award of contract to Openspace Solutions Inc., Wellesley, Ontario . in the amount of $67,295.00, excluding tax. DISCUSSION In accordance with Council approved Purchasing Policy, an RFP was issued for the supply and installation of a new replacement playground structure in Optimist Park, Tillsonburg. Council has approved $75,000 in the 2021 Capital Budget for this project which provides sufficient funds to proceed with the project. Seven (7) qualifying proposals were submitted within the prescribed timeframe. A Staff Evaluation Team was assembled to review each submission in detail, including; Corporate Qualifications & Experience, Project Team, Creativity & Compliance in Meeting Client's Expectations, Schedule & Work Plan and Price. CONSULTATION This report has been prepared in consultation with staff in the Recreation, Culture & Parks Department, Finance and the CAO. Page 90 of 116 RCP 21-05 Page 2 of 2 FINANCIAL IMPACT/FUNDING SOURCE The results of the RFP and the recommendation of the Evaluation Te am fall within the approved 2021 Capital Budget. 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 – Playground Rendering Page 91 of 116 RCP 21-05 Appendix A Page 1 of 2 Page 92 of 116 RCP 21-05 Appendix A Page 2 of 2 Page 93 of 116 The Corporation of the Town of Tillsonburg Culture, Heritage and Special Awards Advisory Committee Meeting February 3, 2021 4:30 p.m. Electronic Meeting MINUTES Present: Collette Takacs, Councillor Penny Esseltine, Tabitha Verbuyst, Carrie Lewis, Rosemary Dean, Mark Dickson Staff: Laura Pickersgill, Executive Assistant; Patty Phelps, Culture & Heritage Manager/Curator Guest: Andrew Teeple, Athon Construction & Development Corp. Regrets: Terry Fleming 1. Call to Order The meeting was called to order at 4:33 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Penny Esseltine Seconded by: Tabitha Verbuyst THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of February 3, 2021, be adopted. Carried 3. Adoption of Previous Minutes Resolution #2 Moved by: Mark Dickson Seconded by: Rosemary Dean THAT the Minutes as prepared for the Culture, Heritage and Special Awards Advisory C ommittee meeting of November 4, 2020, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Presentations 5.1 Heritage Rescinding- 83 Rolph Street Presented by: Andrew Teeple, Athon Construction & Development Corp. Andrew Teeple, representative of Athon Construction and Development Corporation, Page 94 of 116 provided an overview of the company’s proposed alternate method of protecting 83 Rolph Street. It was noted that this company is the owner of the 83 Rolph Street property and has had a very difficult time obtaining insurance on the property. Fortunately, the company was able to find one company to insure the property however , the rate is approximately at 300% the normal rate due to the fact that the property has a heritage designation on it, therefore the owner is proposing an alternate method of protecting the heritage designated elements while being able to remove the official designation. The owner is proposing that the heritage designation be removed and that they would sign an irrevocable document that outlines that the façade and other heritage elements must be maintained to a heritage designation standard that is acceptable by the Town’s standards as well. The owner would also provide a $10,000 security deposit to the Town in case there was an issue that did need rectifying that was not up to the agreed standards. The owner suggested that the Town could reinstate the heritage designation whenever they wanted if deemed required. Opportunity was provided for members to ask questions about the proposal. Laura will connect with municipal partners, such as AMO and the Provincial government to determine which other municipalities are experiencing requests such as these and how they are handling these requests. 6. General Business & Reports 6.1 Tillsonburg 150th Celebration Members were informed of Council’s dec ision to move the left over 2020 Cultural Grant funding in the amount of $6,000 over to reserves to be set aside for this project. At the next meeting, members will review the list of ideas for the celebration as a result of the community survey and select ideas that could be done virtually versus in-person depending on the state of the pandemic next year. It was suggested that a subcom mittee will need to be established to plan this event. The Committee agreed that this event will take place in the fall of 2022. Mark left the meeting at 5:30 p.m. 6.2 2020 Citizen of the Year Debrief The members felt that the 2020 Citizen of the Year event was a great success, especially given the circumstances of the COVID -19 pandemic. 6.3 2021 Citizen of the Year It was suggested that this year’s Citizen of the Year be celebrated in the fall. Page 95 of 116 7. Round Table 8. Next Meeting March 3, 2021 at 4:30 p.m. 9. Adjournment Resolution #3 Moved by: Carrie Lewis Seconded by: Tabitha Verbuyst THAT the February 3, 2021 Culture, Heritage and Special Awards Advisory Committee meeting be adjourned at 5:34 p.m. Carried Page 96 of 116 The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE January 21, 2021 5:30 p.m. Electronic Meeting MINUTES ATTENDANCE Euclid Benoit, Dan Cameron, Valerie Durston, Deb Gilvesy, Mark Renaud, Jeff Miller, David Brandon, Euclid Benoit Absent: Jeff Dean Staff: Annette Murray, Dan Locke, Carlos Reyes MEMBERS ABSENT/REGRETS None 1. Call to Order The meeting was called to order at 5:30 p.m. Mark Renaud sat as the Chair for the meeting. 2. Adoption of Agenda Resolution #1 Moved By: Euclid Benoit Seconded By: Dan Cameron THAT the Agenda as amended for the Tillsonburg Airport Advisory Committee meeting of January 21, 2021 be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting Resolution #2 Moved By: Deb Gilvesy Seconded By: Jeff Miller THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of November 19th, 2020, be approved. Carried Page 97 of 116 5. Delegations and Presentations None 6. General Business & Reports 6.1. New Hangar Update - Dan Locke reported that staff are working with two individuals to have signed agreements in place. Land lease agreement is coming forward Jan 25th, 2021 Council meeting for G1 Lot #5 and expect G1 Lot #6 to be on the following Council meeting. A h angar Preconstruction meeting for G3 Lot #1 and #2 hangar took place on Tuesday January 5th, 2021, however, the start is now delayed due to COVID , the provincial lockdown and the stay at home orders. 6.2. Safety Spreadsheet Follow -up - Annette Murray reported that there were four issues reported in November and took questions on those issues, See Attached Spreadsheet. Additionally Councillor Gilvesy brought up an issue with snow clearing and the Notam that was issued on January 20, 2021. Annette explained the NOTAM process that is followed by Tillsonburg Airport Attendants and is followed at all airports. Dan Cameron brought up the issue of when the Airport is staffed. Dan Locke reported that there was a glitch in the last two emails that were sent out to the Tenants that had updates the tenants as to the Staffing hours. Dan Cameron impressed on the group the importance of Airport Advisory radio calls. 6.3. Website – Dan Locke commented that the Committee, in the first Quarter of 2021, be involved in doing a workshop to determine what should be included in the redesigned website. Annette provided an update on the background information that she has pulled from other local airports. Annette noted that there are several features that that could be added like FAQ, better pictures, and easier to navigate to the airport page. Chair Renaud brought up the opportunity to inform the businesses in the BIA of the Airport and what it provides to the Community. Mark will report back what insight he can from the communications. 6.4. Covid Closure Update – Dan provided an update to the committee that the airport is open. The terminal building is closed but the washroom remains open and the Café and Flight School are closed. Staff are on site daily and are performing all required daily inspections. 6.5. TAAC Schedule for 2021 – Dan provided the schedule to the members and will send out Meeting Requests for each meeting and the Schedule. 6.6. Airport Master Plan Process/ TAAC Involvement – Dan explained that this is the committee’s opportunity to provide feedback to the consultant that will help shape the direction of the growth of the Page 98 of 116 Airport. Project is on track. 7. Communication – Dan Locke commented that there was a glitch in the two previously communicated emails and as such the two emails did not reach the tenants as intended. These two emails outlined the impacts of COVID on the Airport and how the Provincially Mandated shutdowns in Dec and again in January affected the services provided. Staff are investigating the email issue and working towards a resolution. Councillor Gilvesy asked that staff take a proactive approach and try to communicate prior to getting asked questions when possible. Dan Locke commented that it is the intent of Staff and will be as well going forward unfortunately in the last two communications the email issue prevented that from effectively happening. 8. Correspondence None 9. Other Business Deb Gilvesy commented that the Town Budget was approved and the access road project for the airport was approved with the funding source being the future sale of Airport lands. 10. Next Meeting The next meeting of the Tillsonburg Airport Advisory Committee will be at 5:30 p.m. on Feb 18, 2021. 11. Adjournment Resolution #3 Moved By: Deb Gilvesy Seconded By: Euclid Benoit THAT the Tillsonburg Airport Advisory Committee Meeting of January 21, 2021 be adjourned at 6:43 p.m. Carried Page 99 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Virtual Meeting Minutes of January 13, 2021 Approved February 3, 2021 Members in attendance: Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Aaron LeDuc, Ben Hodi, Paul Gagnon, Zachary Cox and Dana McLachlan. Guests: Kimberly Earls and Christine Jacob Regrets: none 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, January 13, 2021. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Election of Chair and Vice-Chair 2021 The Chair and Vice-Chair vacated their seats and Ms. Kimberley Earls, Economic Development Coordinator for South Central Ontario Region Economic Development Corporation assumed the Chair position. The positions for Chair and Vice-Chair were declared vacant. a) Appointment of Scrutineer(s) A-1/21 Moved by J. Scholten Seconded by P. Ypma THAT the LPRCA Board of Directors appoints Christine Jacob as scrutineer for the purpose of electing officers. CARRIED b) Election of Chair 1) Call for Nominations Page 100 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - Robert Chambers nominated Michael Columbus who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Chair A-2/21 Moved by V. Donnell Seconded by D. Beres That the nominations for the Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer: Not required 4) Announce Election Results Michael Columbus was declared the Long Point Region Conservation Authority Chair for 2021. 5) Motion to Destroy Ballots: Not required c) Election of Vice-Chair 1) Call for Nominations Dave Beres nominated John Scholten who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Vice-Chair A-3/21 Moved by P. Ypma Seconded by T. Masschaele That the nominations for the LPRCA Vice-Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer: Not required 4) Announce Election Results John Scholten was declared the Long Point Region Conservation Authority Vice-Chair for 2021. 5) Motion to Destroy Ballots: Not required Page 101 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - The Chair and Vice-Chair thanked their nominators and the Board for their support and were looking forward to the year ahead. M. Columbus assumed the Chair. Ms. Earls and Ms. Jacob were thanked for their service and left the meeting at 6:45 p.m. 5. Committee Appointments A-4/21 Moved by I. Rabbitts Seconded by S. Patterson THAT the LPRCA Board of Directors approves the following appointments for 2021: Dave Beres as the Land Acquisition Chair; And John Scholten and the LPRCA Chair to the Lee Brown Marsh Management Committee; And Robert Chambers, Dave Beres, Tom Masschaele and the LPRCA Chair to the Backus Museum Committee; And Dave Beres, Ken Hewitt, Valerie Donnell, the LPRCA Chair and LPRCA Vice-chair to the Audit and Finance Committee. CARRIED 6. Deputations There were no deputations. 7. Minutes of the Previous Meeting a) Board of Directors Meeting of December 2, 2020 A-5/21 Moved by J. Scholten Seconded by V. Donnell That the minutes of the Board of Directors Meeting held December 2, 2020 be adopted as circulated. CARRIED Page 102 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - 8. Business Arising There was no business arising. 9. Review of Committee Minutes There were no committee meeting minutes for review. 10. Correspondence A-6/21 Moved by P. Ypma Seconded by D. Beres That the correspondence outlined in the Board of Director’s Agenda of January 13, 2021 be received as information CARRIED 11. Development Applications a) Staff Approved applications Staff approved 22 applications since the last meeting in December. The applications included replacement dwellings, emergency shoreline protection, and other smaller projects. LPRCA-81/20 Revised, LPRCA-162/20 Revised, LPRCA-185/20, LPRCA- 235/20 Revised, LPRCA-236/20 Revised, LPRCA-237/20 Revised, LPRCA-238/20 Revised, LPRCA-239/20 Revised, LPRCA-255/20, LPRCA-256/20, LPRCA-277/20, LPRCA-278/20, LPRCA-279/20, LPRCA-280/20, LPRCA-281/20, LPRCA-282/20, LPRCA-284/20, LPRCA-285/20, LPRCA-287/20, LPRCA-288/20, LPRCA-289/20, and LPRCA-292/20. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-7/21 Moved by V. Donnell Seconded by R. Chambers That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated December 21, 2020 as information. CARRIED Page 103 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - b) New applications The Planning Department staff recommended seven applications for approval. A-8/21 Moved by I. Rabbitts Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this 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-290/20 LPRCA-291/20 LPRCA-295/20 LPRCA-293/20 LPRCA-294/20 LPRCA-296/20 LPRCA-5/21 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 12. New Business a) 2021 LPRCA BUDGET VOTE After the Budget meeting on November 12, 2020, the 2021 LPRCA Budget was circulated to member municipalities for a 30-day comment period on November 13, 2020. Municipal council presentations were requested and provided to Oxford County and the Township of Norwich, and correspondence was received from the Municipality of Bayham as noted above. A-9/21 Moved by D. Beres Seconded by J. Scholten That the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2021 Operating and Capital budgets; 1. That the 2021 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees be approved as set out in Attachment 1; 2. That the 2021 proposed Conservation Area User Fees be approved as set out in Attachment 2; Page 104 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - 3. That the 2021 Operating Budget in the total amount of $4,421,734 and requiring a Municipal Levy- Operating of $1,686,943 be approved as set out in Attachment 3; 4. That the 2021 Capital Budget in the total amount of $615,000 requiring a General Municipal Levy- Capital of $375,000 be approved as set out in Attachment 3; 5. That the proposed 2021 Consolidated Budget in the total amount of $5,036,734 and requiring a Municipal Levy –Consolidated of $2,061,943 be approved as set out in Attachment 3. Member Municipality/Group Weight Present? Yes No Valerie Donnell Municipality of Bayham 4.76 Y  Robert Chambers County of Brant 7.14 Y  Stewart Patterson Haldimand County 7.46 Y  Ken Hewitt Haldimand County 7.46 Y  Valerie Donnell Township of Malahide 0.77 Y  Kristal Chopp Norfolk County 12.50 Y  Michael Columbus Norfolk County 12.50 Y  Tom Masschaele Norfolk County 12.50 Y  Ian Rabbitts Norfolk County 12.50 Y  John Scholten Township of Norwich 7.47 Y  Peter Ypma Township of South-West Oxford 7.47 Y  Dave Beres Town of Tillsonburg 7.47 Y  100 100 100 CARRIED b) General Manager’s Report The GM reported that it was again a busy year for the planning department providing comment to member municipalities for planning applications, completing lawyer inquiries and processing permits. There were 37 more permits approved over last year. The 50-acre bush lot property donation closed December 30, 2020. Tax receipts are to be issued under the Ecological Gifts Program. Craig Jacques, Water Resources Specialist, resigned December 18th and Matt Churly, Water Resources Analyst, will be assuming the Source Water Protection duties. The phone system was down between December 31, 2020 and January 4, 2021 and Page 105 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 7 - any messages left during that time were lost. The Chair asked for an update on the pandemic protocols and the General Manager indicated that there is a COVID Safety Plan and the Enclosed Public Space Face Mask Policy. Safety measures for staff were reviewed relating to COVID-19. A-10/21 Moved by J. Scholten Seconded by T. Masschaele That the LPRCA Board of Directors receives the General Manager’s Report for December 2020 as information. CARRIED c) Update on Bill 229 and Schedule 6 As per Resolution #A-116/20, passed at last month’s meeting, letters were sent to the Premier, the Ministers of Finance, Environment Conservation and Parks, Municipal Affairs and Housing, Natural Resources and Forestry, and to all watershed member municipalities and watershed Members of Provincial Parliament. Bill 229 and an amended Schedule 6 received Royal Assent on December 8, 2020. A working group has been established to help the province develop the regulations. The members of the working group were recently announced and includes Conservation Ontario General Manager, Kim Gavine, and staff from seven conservation authorities including Hassaan Basit, President and CEO of Halton Region Conservation Authority, who was selected as Chair. A-11/21 Moved by D. Beres Seconded by V. Donnell THAT the LPRCA Board of Directors receives the Bill 229 and Schedule 6 Update report as information, CARRIED d) Hearing Procedures Policy Update The purpose of the amendment is to allow electronic hearings, administrative updates and to streamline the appendices. A-12/21 Moved by P. Ypma Seconded by V. Donnell Page 106 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 8 - THAT the LPRCA Board of Directors approves the Hearing Procedures Policy, Conservation Authorities Act, Section 28 as presented. CARRIED e) 2021 Tree Order Confirmation Annually, LPRCA purchases a variety of native tree and shrub species for restoration projects which include the LPRCA Private Land Tree Planting Program, 50 Million Tree Program, Clean Water project and the Ontario Power Generation/Forest Corridor Program. Staff proposed to order 40,350 seedlings for 2021 from two of the four nurseries pre-selected by Forests Ontario’s 50 Million Program. A-13/21 Moved by J. Scholten Seconded by S. Patterson THAT LPRCA Board of Directors approves the 2021 tree order of 40,350 trees at a cost of $42,310 for the 2021 spring tree planting season. CARRIED K. Chopp left the meeting at 7:35 p.m. f) Wetland Creation Project Tender Staff routinely works with various partners to design and create wetland projects throughout the watershed. The proposed wetland is located just west of the Big Creek valley and is projected to be approximately 17,700 m2. Due to its large size, the project was sent out for tender as per LPRCA policy. The project will be funded by Environment Canada and Climate Change and ALUS Norfolk. A-14/21 Moved by R. Chambers Seconded by P. Ypma THAT LPRCA Board of Directors accepts the tender submitted by Jim Granger Excavating to create a wetland at 549 Concession A, South Walsingham, Norfolk County for a total of $36,380 ($1.00 per cubic metre), excluding HST. CARRIED 13. Closed Session A-15/21 Moved by J. Scholten Seconded by T. Masschaele That the LPRCA Board of Directors does now enter into a closed session to discuss: Page 107 of 116 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 9 -  A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Authority. CARRIED A-16/21 Moved by D. Beres Seconded by R. Chambers That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED The Board approved the closed session minutes of December 2, 2020. There were no other closed session items for discussion. 14. Adjournment The Chair adjourned the meeting at 7:40 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 108 of 116 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-26’ the zone symbol of the lands so designated ‘SC-26’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “14.5.26 LOCATION: PART LOT 35, PLAN 551, NORTHWEST CORNER OF CAROLINA STREET AND BROADWAY, SC-26 (KEY MAP 10) 14.5.26.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-26 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 14.1; A medical/dental centre; A real estate, insurance or travel agency; A monument sales establishment; A business professional office; A retail store. 14.5.26.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-26 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.26.2.1 SPECIAL PROVISIONS FOR A RETAIL STORE 14.5.26.2.1.1 TIME PERIOD MAXIMUM February 22, 2021 to February 22, 2024 14.5.26.3 That all of the provisions of the SC Zone in Section 14.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By -Law, Page 109 of 116 By-Law 2021- ___ Page 2 of 2 as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 22nd day of FEBRUARY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of FEBRUARY, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 110 of 116 15.24P L A N 5 5 1 SE ANGLELOT 35, PL 551N37°39'00"W9.14N7°21'00"E 21.5524.38N52°21'00"E 25.30 40.54 L O T 3 5BROADWAYCAROLINA ST SCHEDULE "A" PT LOT 35, PLAN 551TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-26 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR - Stephen Molnar CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2021 TO BY-LAW No.© 5 0 5 10 152.5 METRES 2021- 2021- 22 February Page 111 of 116 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-____ A BY-LAW to authorize an Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Ministry of Transportation (the "Ministry") and the Corporation of the Town of Tillsonburg, for the purpose of receiving funds from the Dedicated Gas Tax Funds for Public Transportation Program. WHEREAS The Town of Tillsonburg is desirous of entering into a Dedicated Gas Tax Funds for Public Transportation Program Transf er Payment Agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule "A" forms part of this By-Law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg; 3. AND THAT this By-Law shall come into full force and take effect after the final passing hereof. READ A FIRST AND SECOND TIME THIS 22nd day of FEBRUARY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of FEBRUARY, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 112 of 116 Ministry of Transportation Office of the Minister 777 Bay Street, 5th Floor Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transportation Ministère des Transports Bureau de la ministre 777, rue Bay, 5e étage Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transports January 14, 2021 Mayor Stephen Molnar Town of Tillsonburg 10 Lisgar Ave Tillsonburg ON N4G 5A5 Dear Mayor Molnar: RE: Dedicated Gas Tax Funds for Public Transportation Program This Letter of Agreement between the Town of Tillsonburg (the “Municipality”) and Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario (the “Ministry”), sets out the terms and conditions for the provision and use of dedicated gas tax funds under the Dedicated Gas Tax Funds for Public Transportation Program (the “Program”). Under the Program, the Province of Ontario provides two cents out of the provincial gas tax to municipalities to improve Ontario’s transportation network and support economic development in communities for public transportation expenditures. The Ministry intends to provide dedicated gas tax funds to the Municipality in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2020-21 Guidelines and Requirements (the “guidelines and requirements”). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which the Municipality has reviewed and understands and are hereby incorporated by reference, and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Ministry and the Municipality agree as follows: 1. To support local public transportation services in the Municipality, the Ministry agrees to provide funding to the Municipality under the Program to a maximum amount of up to $73,883 (“the “Maximum Funds”) in accordance with, and subject to, the terms and conditions set out in this Letter of Agreement and, for greater clarity, the guidelines and requirements. 2. Subject to Section 1, the Ministry will, upon receipt of a fully signed copy of this Letter of Agreement and a copy of the authorizing municipal by-law(s) and, if applicable, resolution(s) for the Municipality to enter into this Letter of Agreement, provide the Municipality with $55,412; and any remaining payment(s) will be provided thereafter. …/3 Page 113 of 116 -2- 3. If another municipality authorizes the Municipality to provide local public transportation services on its behalf and authorizes the Municipality to request and receive dedicated gas tax funds for those services also on its behalf, the Municipality will in the by-law(s) and, if applicable, resolution(s) described in Section 2 confirm that the Municipality has the authority to provide those services and request and receive those funds. 4. The Municipality agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry’s sole discretion, to any other adjustments as set out in the guidelines and requirements. 5. The Municipality will deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds and any related interest only in accordance with the guidelines and requirements. 6. The Municipality will adhere to the reporting and accountability measures set out in the guidelines and requirements, and will provide all requested documents to the Ministry. 7. The Municipality agrees that the funding provided to the Municipality pursuant to this Letter of Agreement represents the full extent of the financial contribution from the Ministry and the Province of Ontario under the Program for the 2020-21 Program year. 8. The Ministry may terminate this Letter of Agreement at any time, without liability, penalty or costs upon giving at least thirty (30) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement, the Ministry may take one or more of the following actions: (a) cancel all further payments of dedicated gas tax funds; (b) demand the payment of any dedicated gas tax funds remaining in the possession or under the control of the Municipality; and (c) determine the reasonable costs for the Municipality to terminate any binding agreement(s) for the acquisition of eligible public transportation services acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, and do either or both of the following: (i) permit the Municipality to offset such costs against the amount the Municipality owes pursuant to paragraph 8(b); and (ii) subject to Section 1, provide the Municipality with funding to cover, in whole or in part, such costs. The funding may be provided only if there is an appropriation for this purpose, and in no event will the funding result in the Maximum Funding exceeding the amount specified under Section 1. 9. Any provisions which by their nature are intended to survive the termination or expiration of this Letter of Agreement including, without limitation, those related to disposition, accountability, records, audit, inspection, reporting, communication, liability, indemnity, and rights and remedies will survive its termination or expiration. 10. This Letter of Agreement may only be amended by a written agreement duly executed by the Ministry and the Municipality. 11. The Municipality agrees that it will not assign any of its rights or obligations, or both, under this Letter of Agreement. …/3 Page 114 of 116 -3- 12. The invalidity or unenforceability of any provision of this Letter of Agreement will not affect the validity or enforceability of any other provision of this Letter of Agreement. Any invalid or unenforceable provision will be deemed to be severed. 13. The term of this Letter of Agreement will commence on the date of the last signature of this Letter of Agreement. 14. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please print and secure the required signatures, and then deliver a fully signed pdf copy to the Ministry at the email account below. Subject to the province’s prior written consent, including any terms and conditions the Ministry may attach to the consent, the Municipality may execute and deliver the Letter of Agreement to the Ministry electronically. In addition, all program documents are also to be sent to the following email account: MTO-PGT@ontario.ca Sincerely, Caroline Mulroney Minister of Transportation I have read and understand the terms and conditions of this Letter of Agreement, as set out above, and, by signing below, I am signifying the Municipality’s consent to be bound by these terms and conditions. Municipality _______________ ____________________________ Date Name (print): Title (head of council or authorized delegate): I have authority to bind the Municipality. _______________ ____________________________ Date: Name (print): Title (clerk or authorized delegate): I have authority to bind the Municipality. Page 115 of 116 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-026 A BY-LAW to confirm the proceedings of Council at its meeting held on the 22nd day of February, 2021. 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 February 22, 2021, 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 22nd DAY OF FEBRUARY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF FEBRUARY, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 116 of 116