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210322 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, March 22, 2021 4:00 PM Electronic Meeting 1.Call to Order 2.Closed Session (4:00 p.m.) Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider two personal matters about identifiable individuals, including municipal or local board employees, and two matters of 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) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.4.3.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.4.239 (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 March 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 Council meeting held on March 8, 2021, be approved. 7.Presentations 7.1.Strategy Corp - Fire Communications Business Plan Review John Matheson, Principal, Strategy Corp and Jaiman Chin, Consultant, Strategy Corp Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receives the presentation by Strategy Corp regarding the Fire Communications Business Plan Review, as information. 8.Public Meetings 9.Planning Reports 10.Delegations 10.1.Elizabeth Sinclair Re: Purple Lights for Epilepsy Awareness Day on March 26, 2021 Elizabeth Sinclair Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ Page 2 of 239 THAT the delegation from Elizabeth Sinclair regarding Epilepsy Awareness Day be received as information. 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 14.Staff Reports 14.1.Chief Administrative Officer 14.2.Corporate Services 14.2.1.CS 21-14 Bell On Demand Contact Centre Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Bell On Demand Contact Centre software be purchased at a onetime cost of $5,300 and monthly recurring charges of $516.50 per month to be cost shared between the Town and Tillsonburg Hydro; AND THAT the Town IT reserve be used to fund the Town’s onetime cost of $2,650. 14.2.2.CS 21-15 Council and Committee Meeting Options Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council provides the following direction for Council and Advisory Committee meetings: 14.2.3.CS 21-16 Business Licensing Exemption Request (Leen’s Fish and Chips) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives this report for information and that no action be taken on this request at this time. 14.3.Economic Development Page 3 of 239 14.4.Finance 14.5.Fire and Emergency Services 14.6.Operations and Development 14.6.1.OPD 21-08 Buidling Inspector 2 - Business Case Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-08 Building Inspector 2 - Business Case as information; AND THAT Council continues to support the requirements set in the Ontario Building Code Act to ensure adequate staffing are in place to administer the Ontario Building Code; AND FURTHER THAT Council approve an additional FTE for Building Services and direct staff to proceed with the Building Inspector 2 recruitment process. 14.6.2.OPD 21-09 Transfer Station Recycling Bins Relocation Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-09 as information, AND THAT Council provides further direction to move forward or to stop this investigation given the comments from the Ministry of Environment, Conservation and Parks (MECP). 14.6.3.OPS 21-10 Kinsmen Bridge Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-10 as information; AND THAT Council authorize staff to complete a Schedule C Environmental Assessment study and detailed design of the preferred solution; AND THAT Council give 2022 pre-budget approval for the detailed design project pertaining to the Kinsmen Pedestrian Bridge of $306,000. Page 4 of 239 14.6.4.OPD 21-11 Safe Restart Phase 2 Funding Agreement Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-11 Safe Restart Agreement Phase 2 - Funding Agreement as information; AND THAT a By-Law to authorize the Mayor and Clerk to sign the Transfer Payment Agreement for The Safe Restart Agreement, Phase 2 Municipal Transit Funding, be brought forward for Council’s consideration. 14.7.Recreation, Culture and Parks 14.7.1.RCP 21-07 RCP Departmental Service Review Update - March 2021 Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT report RCP 21-07 RCP Departmental Service Review Update – March 2021, be received as information. 14.7.2.RCP 21-09 Playground Disposal Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT report RCP 21-09, Playground Disposal, be received as information; AND THAT Council supports Option __ , as outlined within the report. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receive the Recreation and Sports Advisory Committee minutes dated November 11, 2020 be received, the Tillsonburg Airport Advisory Committee minutes dated February 18, 2021, the Tillsonburg Transit Advisory Committee minutes dated March 5, 2021, the Recreation and Sports Advisory Committee minutes dated March 10, 2021, the Town Hall Steering Committee minutes dated Page 5 of 239 February 10, 2021, the Economic Development Advisory Committee minutes dated March 9, 2021, and the Culture, Heritage and Special Awards Committee minutes dated March 3, 2021, as information. 16.2.Long Point Region Conservation Authority Minutes Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receive the Long Point Region Conservation Authority Minutes dated February 3, 2021 be received, as information. 17.Motions/Notice of Motions Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Council directs Staff to draft a report on the T:GO Transit route, with the possibility of adding a stop in the north section of town, making stop #25 at the Norfolk Mall more accessible and having the bus stop at Glendale school before the start of classes in the morning; AND THAT the report be sent to the Tillsonburg Transit Advisory Committee for comment before being brought to Council. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT the Town of Tillsonburg Council supports and respectfully requests that Southwestern Public Health identify a location for a COVID-19 vaccination clinic in the Town of Tillsonburg; AND THAT a COVID-19 vaccination clinic be made a priority to ensure that all citizens have equitable and accessible opportunities to receive the COVID-19 vaccine in light of the transportation, financial and health barriers associated with having to travel to another community to receive the vaccination; AND THAT the clinic inside the boundaries of the Town of Tillsonburg be operational as soon as logistically possible; Furthermore, the Town of Tillsonburg offers their support in getting this clinic up and running. 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to amend Development Charges By-Law 4315 for the Town of Tillsonburg Page 6 of 239 19.2.A By-Law to impose fees for services provided by The Ontario Provincial Police, Oxford County Detachment relating to the reduction of false security alarms and to repeal By-Law 3170 19.3.A By-Law to appoint an Acting Fire Chief for the Town of Tillsonburg and to repeal By-Law 2020-057 19.4.A By-Law to authorize a transfer payment agreement with the Province (Safe Restart Agreement Phase 2) Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT A By-Law to amend Development Charges By-Law 4315 for the Town of Tillsonburg; and A By-Law to impose fees for services provided by The Ontario Provincial Police, Oxford County Detachment relating to the reduction of false security alarms; and A By-Law to appoint an Acting Fire Chief for the Town of Tillsonburg and to repeal By-Law 2020-057; and A By-Law to authorize a transfer payment agreement with the Province (Safe Restart Agreement Phase 2), 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 2021-035, to Confirm the Proceedings of the Council meeting held on March 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 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of March 22, 2021 be adjourned at ___ p.m. Page 7 of 239 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, March 8, 2021 4:00 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, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session (4:00 p.m.) Resolution # 2021-104 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 8 of 239 2 THAT Council move into Closed Session to consider personal matters about identifiable individuals, including municipal or local board employees. Carried 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; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) The Clerk received a request from Cedric Tomico (Applicant), to speak as a delegation to agenda item 9.2. Resolution # 2021-105 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of March 8, 2021, with item 14.2.3 Staff Report CS 21-12, being considered prior to item 10.2., be approved. Carried 4. Moment of Silence Council recognized International Women's Day. 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2021-106 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 9 of 239 3 THAT the minutes of the Council meeting held on February 22, 2021, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 2021-107 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:05 p.m. Carried 8.1 Application for Minor Variance A03-21 (Permterra Development Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicant was not in attendance. No members of the public appeared before Council either in support of or opposition to the application. Resolution # 2021-108 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A03-21, submitted by Permterra Development Corporation., for lands described Part of Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg, as it relates to: 1. Relief from Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, to reduce the minimum number of dwelling houses from 17 to 16 within lands zoned R3-4. Page 10 of 239 4 Carried Resolution # 2021-109 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:11 p.m. Carried 9. Planning Reports 9.1 Application for Zone Change Removal of Holding Provision ZN 7-21- 03 –Oxnard Developments Inc. Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. Resolution # 2021-110 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council approve the zone change application, File No. ZN 7-21- 03, as submitted by 2385667 Ontario Limited, for lands described as Part of Lot 24, Land Registrar’s Compiled Plan No 1653, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Oxnard Developments draft plan of subdivision. Carried 9.2 Application for Consent B20-88-7 (2563557 Ontario Inc) The Clerk received a request from Cedric Tomico (Applicant), to speak as a delegation to agenda item 9.2. Mr. Tomico appeared before Council to provide support for the application and the staff recommendation. Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The Senior Planner noted that the Page 11 of 239 5 consent application will be considered by the Land Division Committee at their meeting on April 1, 2021. Opportunity was provided for comments and questions from Council. Resolution # 2021-111 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council advise the Land Division Committee that the Town supports the proposal to sever the subject property, described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg, subject to the conditions as contained in staff report CP 2021- 17. Carried 10. Delegations 10.1 Police Services Board Re: Support of False Alarm Reduction By-Law Larry Scanlan, Chair, Tillsonburg Police Services Board, appeared before Council to provide support for the proposed false alarm reduction By-Law as presented under item 14.2.3. Mr. Scanlan noted that the intent of the proposed By-Law is to reduce police time spent responding to false alarm calls. The Board recommends a grace period in which warning letters will be issued prior to beginning to issue fines. Opportunity was provided for comments and questions from Council. It was asked if fines would be issued to property owners or property tenants. It was asked who would be responsible for issuing warning letters and fines. It was asked if the Tillsonburg PSB is interested in being a part of the appeal process. Mr. Scanlan noted that the Board is not interested in being a part of the appeal process. Resolution # 2021-112 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the delegation from the Police Services Board Chair regarding the proposed False Alarm Reduction By-Law as presented under agenda item 14.2.3, be received as information. Page 12 of 239 6 Carried Item 14.2.3. was dealt with next. 10.2 Tillsonburg BIA Re: Implementing minimum and maximum charges request Mark Renaud, Executive Director, Tillsonburg BIA, appeared before Council to present the Board of Director's request. The Board is requesting that the Town create a minimum/maximum charge for all Tillsonburg Town Centre Mall properties. Opportunity was provided for comments and questions from Council. It was noted that the report should include section 210. Resolution # 2021-114 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff bring a report back to Council outlining recommendations in regards to using Municipal Act 2001, S.O. 2001, C 25 Section 208 “funds raised” to create a minimum/maximum charge for properties known as 164, 170, 200 and 248 Broadway. Carried 10.3 Sandi Pake Re: Surplus Alleyway Between Coyle Lane and Frances St Sandi Pake, a landowner adjacent to the surplus Alleyway between Coyle Lane and Frances Street, appeared before Council on behalf of herself, Chris Meloche, John Fish and Jason Mills, to present their interest in purchasing the property and their concerns regarding the cost of the property. Ms. Pake provided background on the item and will provide her presentation to the Clerk. Opportunity was provided for comments and questions from Council. Ms. Pake asked that the Town complete a request to have tree stumps removed from the Alleyway property which are impacting the adjacent properties. Resolution # 2021-115 Moved By: Councillor Esseltine Seconded By: Councillor Parker Page 13 of 239 7 THAT the delegation from Sandi Pake regarding the Surplus Alleyway Between Coyle Lane and Frances St, be received as information and that staff be directed to review the information and follow through with the available options with the presenter. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 The Mayor shared information on current local restrictions and available resources. COVID-19 Vaccination Clinic Appointment bookings for adults 80 years of age and older (80+), and Indigenous adults ages 55 and older (55+), open Tuesday, March 9, 2021 at 8:00 a.m. For more information visit www.swpublichealth.ca There was discussion about local solutions for transportation to vaccine clinics. It is not known at this time what vaccines will be available and if there will be mobile vaccination clinics in the area. 13. Information Items 13.1 Letter from the Ministry of Energy, Northern Development and Mines Re: long-term energy planning framework 13.2 Baldwin Place Residents Association Re: Sidewalk maintenance 13.3 Letter from the Ministry of Municipal Affairs and Housing Re: 2021 COVID-19 Recovery Funding 13.4 Letter from the Ministry of Transportation Re: Safe Restart Agreement (SRA) Resolution # 2021-116 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the correspondence from the Ministry of Energy, Northern Development and Mines dated January 28, 2021, the correspondence from the Baldwin Place Residents Association dated February 19, the correspondence from the Ministry of Municipal Affairs and Housing dated March 4, 2021, and the correspondence from the Ministry of Transportation dated March 3, 2021, as information. Page 14 of 239 8 Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-01 Modernization Funding (Intake 2) Program Staff provided clarification on the difference between the review stream and the implementation stream. There was discussion regarding the proposed space needs study and the Town Hall process. Staff recommend that an updated space needs study, that considers both administration and operations, is necessary for the Town Hall process. There was discussion regarding the proposed Citizen Portal (Municipal App). The proposed app integrates with the Town's website and can include a mobile report a problem function. Adding additional functions to the app would be a separate cost. Staff noted the application deadline is Friday, March 12. The Town would be required to follow the procurement policy if funding is provided. Resolution # 2021-117 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives report CAO 21-01 Municipal Modernization Funding Intake 2 as information; AND THAT Council directs staff to proceed with applying for funding for all of the programs listed in this report. Carried 14.2 Corporate Services 14.2.1 CS 21-10 Land Disposition By-Law Staff noted that the proposed By-Law speaks to the selling of land and the declaration of surplus land. Page 15 of 239 9 There was discussion regarding when lands are declared surplus but the land does not sell. Resolution # 2021-118 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the By-Law to adopt policies with respect to the sale of land and other disposition of land be brought forward for Council’s consideration. Carried 14.2.2 CS 21-11 Committee Appointment Resolution # 2021-119 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. Carried 14.2.3 CS 20-12 False Alarm By-Law There was discussion regarding the appeal process. Staff recommended that if the By-Law is enacted that the six month grace period should begin on June 1, 2021 to allow for public notice. There was discussion regarding the administrative work required, use of possible revenue and the appeal body. Resolution # 2021-113 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the False Alarm Program as recommended by the Police Service Board is received as information and that staff be directed to include the False Alarm By-Law on the next Council agenda for Council's consideration. Carried Page 16 of 239 10 Item 10.2 was dealt with next. 14.2.4 CS 21-13 Cancellation of March 15, 2021 Council Meeting Resolution # 2021-120 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting scheduled for March 15, 2021 be cancelled and that the Clerk’s Office provide notice of the meeting cancellation. Carried 14.3 Economic Development 14.3.1 EDM 21-06 Offer to Purchase - Lot 2, Van Norman Innovation Park Resolution # 2021-121 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report EDM 21-06 Offer to Purchase – Lot 2, Van Norman Innovation Park; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2 in the Van Norman Innovation Park. Carried 14.4 Finance 14.4.1 FIN 21-08 2021 Development Charge Study Update Resolution # 2021-122 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT a By-Law to Amend Development Charges By-law 4315 for the Town of Tillsonburg be brought forward for consideration at the March 22, 2021 Council meeting. Page 17 of 239 11 Carried 14.5 Fire and Emergency Services 14.5.1 FRS 21-01 Fire Department Establishing By-Law Update The mover noted that the intent of the resolution is that staff will bring the By-Law back to a future meeting for discussion. Resolution # 2021-123 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT a By-law to establish a fire department and to repeal by-law 3190 be received as information. Carried 14.6 Operations and Development 14.6.1 OPD 21-05 Kinsmen Bridge Surface Upgrades There was discussion about the material used on the Kinsmen Pedestrian Bridge. Staff noted that options to improve the bridge surface were considered and it was determined that it was not plausible to install an anti-slip adhesive in winter weather conditions. The material used was determined to be the best option at the time to improve the bridge surface in inclement weather. Staff will be presenting findings from the Enhanced OSIM Inspection Report on the Kinsmen Pedestrian Bridge completed in 2020, at an upcoming meeting of Council. Staff noted that if the current material on the bridge negatively effects animals in warm weather conditions that the material will be removed and stored for the summer time. Staff worked on the bridge today to address rippling of the material and to install additional transition pieces. Resolution # 2021-124 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-05 Kinsmen Bridge Surface Upgrades, as information. Page 18 of 239 12 Carried 14.6.2 OPD 21-06 Hangar Land Lease Agreement Resolution # 2021-125 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report OPD 21-06 Hangar Land Lease Agreement Taxiway G1 - Lot 1 as information; AND THAT a By-Law to execute a new Land Lease Agreement for Taxiway G1 - Lot 1 with Karl Szordykowski of Kangible Inc. and to repeal By-Law 4309, be brought forward for Council's consideration. Carried 14.6.3 OPD 21-07 Subdivision Road Naming - Northcrest Phase 2 It was suggested that the Town should contact the Legion regarding a past request to use war names for road names. Staff will notify the individuals whose name's are approved. Resolution # 2021-126 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-07 Subdivision & Road Naming – Northcrest Estates Phase 2 as information; AND THAT Council approves “Northcrest Estates Phase 2” as the subdivision name for the draft plan of subdivision parcel identified in this report known as Part 1 & Part 2 of 41R-10049, Part of Lot 5, Concession 10 (Dereham); AND THAT Council approves “Braun Avenue”, “Keba Crescent”, “Mallard Street”, “Martin Street” and “Lark Street” as road names for the Northcrest Estates Phase 2 subdivision along with the extension of “Canary Street”. Carried Page 19 of 239 13 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-06 Healthy Communities Initiative Funding Application There was discussion regarding what items could qualify for funding approval. Staff noted the intent is to serve as many residents as possible. There was discussion regarding the proposed outdoor fitness equipment stations, including cost, location and targeted age group. Resolution # 2021-127 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT report RCP 21-06 Healthy Communities Initiative Funding Application, be received as information; AND THAT Council support the proposed application as outlined in this report with an upset allocation of $150,000. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes 17. Motions/Notice of Motions Resolution # 2021-128 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT council directs staff to co-ordinate a delegation presentation from the Youth Council Coalition of Canada. Carried Staff noted that the Town would provide public notice to share that the blue clock tower lighting during the month of April is in Honour of Autism Awareness. It was suggested that a policy be developed to outline a process for clock tower lighting requests. Page 20 of 239 14 Resolution # 2021-129 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT council directs staff to change the colours of the clock tower lights to Blue for the month of April in Honour of Autism Awareness Month Carried Resolution # 2021-130 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT staff prepare a report including options for council with regard to the Open Air Burning By-Law 3072 (dated 2003), in particular with regard to recreational fires including how permissions or permits are granted, how rules and regulations are communicated and enforced, and how adjacent property owners can express concerns appropriately. Carried Staff will work on bringing the report forward in the next month. Resolution # 2021-131 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff bring a report back to council with regards to donating used playground equipment to a local housing co-operative Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-030, to amend Zoning By-Law Number 3295 (ZN 7-21- 03) 19.2 By-Law 2021-031, to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549 19.3 By-Law 2021-032, to amend By-Law 4247 Schedule A (Committee Appointments) Page 21 of 239 15 19.4 By-Law 2021-033, to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc. 19.5 A By-law to establish a fire department and to repeal By-Law 3190 Withdrawn. 19.6 By-Law 2021-034, to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309 Resolution # 2021-132 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2021-030, to amend Zoning By-Law Number 3295 (ZN 7- 21-03); and By-Law 2021-031, to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549; and By-Law 2021-032, to amend By-Law 4247 Schedule A (Committee Appointments); and By-Law 2021-033, to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc.; and By-Law 2021-034, to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309, 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 # 2021-133 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2021-029, to Confirm the Proceedings of the Council meeting held on March 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. Page 22 of 239 16 Carried 21. Items of Public Interest Members of the public can vote for what colours will be used for the new playground equipment to be installed at Optimist Park. Visit tillsonburg.ca for more information on how to vote. Staff indicated the John Pound Road construction project is expected to be completed by end of next week according to the recent update from the County. Staff will ensure the COVID vaccination information and consent forms are made available at the Customer Service Centre. The next regular meeting of Council is scheduled for Monday, March 22, 2021 at 6:00 p.m. 22. Adjournment Resolution # 27 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of March 8, 2021 be adjourned at 9:13 p.m. Carried Page 23 of 239 Fire Communications Business Plan Review Public Report Town of Tillsonburg March 2021 ©STRATEGYCORP 2021 Page 24 of 239 2 ITEM PAGE Executive Summary 3 Background and Context 10 Financial Analysis 13 Customers and Markets.22 Strategic Options 28 Recommendations 33 Appendix: Financial Inputs 35 Contents Page 25 of 239 Executive Summary Page 26 of 239 4 Overview and Scope EXECUTIVE SUMMARY Project Context The Town of Tillsonburg currently provides Fire Communications services to 21 external customer municipalities, in addition to providing the service to its own Fire Services and providing after - hours customer service support to the Town’s other departments. Given recent investments made in order to meet the Province’s Next Generation 9-11 standards, the Town identified an opportunity to expand services to additional external customers, and reduce the ongoing operating deficit currently being run by Fire Communications. In support of this, the Town engaged StrategyCorp to review its current cost-of-service and pricing structure, to evaluate the perceptions of its customers and examine the market for these services, and to evaluate the overall strategic position and implications of continuing to offer Fire Communications internally and to external customers. The review is broken down into three key components: 1.A Financial Analysis of Fire Communications Costs 2.A Review of Customer Perceptions and Market Dynamics 3.An Analysis of Strategic Options Available The Town of Tillsonburg retained StrategyCorp to conduct a review of its Fire Communications services, with a focus on evaluating the current cost-for-service, implications on pricing for external customers, and a high level review of its market position. Financial Analysis •Review of the current cost and capacity of service delivery •Cost-recovery pricing strategies based on various methodologies •Overview of Fire Communication’s forward-looking revenue stability •Discussion of other factors that impact the value of the current Fire Communications business model Customers and Markets •Customer perceptions and feedback on current service •Survey of competitor prices and market factors that may influence pricing •Overview of potential impact of Next Generation 9-11 on market Strategic Options •Review of potential changes to the structure of Fire Communications within the Town of Tillsonburg •Potential additional revenue streams •Operational improvement opportunities identified as part of the review 1 2 3 Report Sections This version of the report has redacted any commercially sensitive information. A full report featuring details and key figures has been provided to Tillson burg’s senior leadership. Page 27 of 239 5 Key High-Level Findings •Tillsonburg is a highly regarded service provider: Customer feedback on the value and quality of service was uniformly positive among those surveyed, and Tillsonburg is viewed as a true partner in the delivery of services at a higher quality than its competitors; delivery of Fire Communications services by Fire Services professionals is seen as substantial strength •Progress on Next Generation 9-11 represents a strategic advantage: Tillsonburg plans to meet NG9- 11 standards a full year ahead of schedule, while other municipalities and competitors may be forced to reconsider direct delivery or raise prices as they evaluate the required investments •The Town’s historical pricing structure lacks a clear rationale: Price and structure of contracts with current customers vary widely, and there is limited institutional memory available to previous decisions around pricing •Establishing a break-even price is not a simple equation, and will require internal alignment: There are a number of valid methodologies to employ in calculating a break-even price for Fire Communications services, which will require decisions and agreement from key stakeholders •Benefits of delivering Fire Communications extend beyond revenue: A number of benefits were highlighted by key stakeholders related to economic impact, customer service flexibility, and quality control, that generate additional value to the Town over and above revenue from customers •There are a number of potential improvement opportunities to explore: More detailed analysis of costs, capacity, organizational structure, and additional revenue streams are likely to yield improvements to the financial position of the service Recommendations CAO and Mayor Interviews Client Data and Documents Desktop Research Customer Interviews Strengths, Weaknesses, Opportunities, Threats (SWOT) Financial Analysis Benchmark Analysis Operating Environment EXECUTIVE SUMMARY Based on stakeholder interviews, internal analysis, and a high -level review of the market and opportunities, there are a number of key takeaways: Page 28 of 239 6 Establishing a price for service depends on a number of factors EXECUTIVE SUMMARY •A number of methodologies can be employed to evaluate the cost-of-service for Tillsonburg’s Fire Communications •A strict accounting of direct costs only includes relevant operational costs directly budgeted for within Fire Communications, whereas considerable administrative time is spent by the Fire Chief and Deputy Fire Chief in managing the service and business development that can be included in a fully loaded cost •Additionally, substantial value is provided to the Town of Tillsonburg in the form of after-hours customer service support and emergency communications •Currently, the value of customer service support is provided for in an interdepartmental transfer, but the value of Fire Communications is not •Whether the value of services to Tillsonburg is deducted from total operating costs or not has a substantial impact on “break even” Determining a break-even price for service delivery depends on the approach taken to evaluating relevant costs, and the degree t o which Tillsonburg values services delivered to its own departments. Lowest Cost Highest CostOptimal Value to Tillsonburg Accounted Costs Included Potential Break-Even Price per Capita Relevant Factors •The lowest break-even price point reflects only direct costs, and assumes the full value of services to Tillsonburg is deducted •The highest price-point is the rate required to recover fully loaded costs, with no deductions for the value of internal services •Proposed pricing represents a logical middle-ground –full accounting of both costs incurred, and value provided to Tillsonburg •Tillsonburg’s current average price per capita falls below the lowest cost methodology, indicating price increases are likely warranted Edited to remove commercially sensitive information. See full report for more detail. Page 29 of 239 7 Tillsonburg has a strong reputation in a fractured and shifting market EXECUTIVE SUMMARY Tillsonburg’s ability to adjust pricing to approach break -even will rely on its ability to capture the relevant price point in the market. While its strong reputation is a strength, there are a number of threats and opportunities to consider. Tillsonburg maintains a strong reputation with customers Lower cost competitors present a threat Tillsonburg’s customer portfolio presents both a risk and opportunity Market dynamics are shifting with regulatory requirements 1 2 3 4 •Tillsonburg’s customers appear to view the service extremely positively •Factors include: •NFPA compliance •Delivery by Fire Services professionals •Highly responsive •A “partnership” attitude •Flexible •A number indicated they had saved substantial costs by moving to the service •A non-representative survey of competitors provided self-reported rates between $1.88 and $7.04 per capita •This implies that lower cost competitors do exist in the market, which could present a threat •However, recent customer acquisitions by Tillsonburg and higher-cost competitors imply that the service is not wholly commoditized, and prices are highly variable •The CRTC’s Next Generation 9-11 regulations require significant capital investments for compliance by 2023 •While Tillsonburg is estimated to be compliant a year ahead of schedule, other providers are forced to evaluate the costs •As a result, prices may rise and smaller providers may exit the market and become consumers •57% of Tillsonburg’s current revenue is tied to annual auto-renewal contracts •This figure rises to 83% over the next two years •This means that a significant portion of Tillsonburg’s revenue can move to another provider with limited notice •Conversely, Tillsonburg has significant flexibility to renegotiate contract terms and prices covering the majority of its revenue Page 30 of 239 8 The value of the service to Tillsonburg goes beyond revenue, and can be increased EXECUTIVE SUMMARY The business case for direct delivery of emergency communications services goes beyond an evaluation of its revenue potential , and should consider other factors as well. Additionally, there are a number of likely improvement opportunities that could enhance the s ervice’s financial position. The value of delivering Fire Communications services extends beyond its capacity to generate revenue. Additional factors to consider in evaluating Fire Communications include: •Cost and quality control: the Town has direct control over cost-of-service, service levels, and quality of service provided •Internal integration: Tillsonburg maintains flexibility in how operations are structured and integrated •Customer service flexibility: The provision of after-hours customer service support is a unique arrangement; alternatives may increase costs •Economic Impact: Other economic benefits, over and above revenue generated, are created through the service. Stakeholders have referenced Fire Comms as an element making the region attractive to other emergency service investments, such as the OPP Forensics Lab Ancillary Benefits to Consider Work to conduct this review identified a number of potential improvement opportunities that could lower costs or enhance revenue: •Detailed Capacity Analysis: Break-even pricing analysis is highly contingent on the volume of calls that can be managed; more detailed information on capacity could yield additional insights •Operational and Organizational Review: Fire Communications incurs significant costs related to overtime and dedicates a significant amount of senior management time to managing the service. A detailed review is likely to identify substantial opportunities to reduce cost-of-service •Additional revenue streams: Competitors variously offer a number of additional services to generate additional revenue; Tillsonburg could investigate expanding services Potential Improvement Opportunities Page 31 of 239 9 Recommendations STRATEGIC OPTIONS In summary, the Town of Tillsonburg should consider the following elements in developing a revised business plan for Fire Com munications. 1.Align on a common cost- recovery calculation and pricing strategy •Tillsonburg should align on the methodology to be employed to evaluate break-even pricing, based on the agreement on included costs and internal value calculations •Initial analysis indicates a that current price per capita does not fully recover relevant costs •Pricing could be tested in new business development and implemented in a staggered fashion •Prices should be indexed to inflation 2.Complete an operational review •There are a number of factors that indicate the current structure and planning for Fire Communications is leading to salary and benefits costs that are higher than required –i.e.significant unplanned overtime, breakdown of PT/FT resources, level of effort, and requirement for Deputy Chief to manage responsibilities typically performed by a Supervisor •Information on actual staff activity and time-on-task are not tracked, and so actual capacity to manage call volumes is difficult to accurately estimate –call capacity has a significant impact on cost-per-capita •A comprehensive operational review that looks at organizational structure and processes could yield significant cost and capacity savings, and/or refine the cost-of-service analysis to improve accuracy in pricing 3.Conduct a detailed market sounding •A number of comparator municipalities offering Fire Communications services to external customers were surveyed for pricing information, and reported a range of prices, including a number at a lower price per capita than Tillsonburg’s current costs and contracts •These data are self-reported, and are not necessarily accurate, do not provide information on other costs, and do not include information on forward-looking price changes that may result from required NG9-11 investments •A more thorough market-sounding will help identify average market prices and the ability of the market to bear various prices 1 2 3 Edited to remove commercially sensitive information. See full report for more detail. Page 32 of 239 Background and Context Page 33 of 239 11 Project Background and Context BACKGROUND AND CONTEXT Project Context The Town of Tillsonburg engaged StrategyCorp to conduct a review of the Town’s Fire Communications Service to assess the current business model, understand current costs and future opportunities, and assess the overall value of the service offering. The primary focus of this review is to evaluate the Municipality’s Fire Communications service to achieve a more efficient and effective service delivery model, without compromising customer services. Methodology and Approach Our approach to conducting the assessment utilized multiple sources of inputs and extensive engagement, including: 1.Analyzing internal and external data to evaluate current operations and trends; 2.Benchmarking current costs against relevant municipal comparators; 3.Conducting one-on-one interviews with the CAO, Mayor, customers, and the Fire Department leadership team; and 4.Assessing key areas of improvement and understanding the value of the service for various stakeholders. Mobilization and Research Internal Review Assess Potential for Expansion •Establish reporting protocols and key contacts •Negotiate details of project plan, specific delivery dates etc. •Confirm overall project context •Determine interviewee list •Submit Data requests and begin desktop review •Conduct desktop market research into options for customer expansion •Assess “grow option” HR and accommodation implications •Develop business case alternatives based on increased customer base •Complete organizational assessment •Conduct interviews as per interviewee list •Assess Service Delivery Model and sensitivity to increased customer volume •Assess current fee recovery model •Assess baseline business case •Assess organizational reporting model and alternatives re: linkages to customer service structure •Assess baseline accommodation needs and alternatives Service Review Engagement Phases Final Report •Prepare and present Final Report This report is intended to provide a summary of a review of the Town of Tillsonburg’s Fire Communications service, and an ana lysis of the recommended future state of the service. Page 34 of 239 12 SWOT Analysis of Tillsonburg’s Fire Communications Service Internal Strengths Internal Weaknesses External Opportunities External Threats •Customer Service: Tillsonburg delivers excellent customer service, and is known for providing a solutions-oriented approach to working with customers •Certification: All Tillsonburg Fire Communicators are NFPA certified, and it is a dedicated Fire Communications service, positioning it ahead of many of its competitors •Commitment to Standards: Tillsonburg is committed to meeting standards consistently •Quality of service: The Fire Communicators provide good after-hours customer service support on behalf of the Town •Financial Clarity and Sustainability: Tillsonburg does not have a clear understanding of breakeven costs, and as a result, regular reviews of rates are not completed and customer fees are inconsistent •Inconsistent Customer Service Training: Customer service training is not as robust as it could be, resulting in some inconsistencies with service •Staffing Risks: Tillsonburg’s lack of double staffing overnight can make it challenging when a large volume of calls comes in, and is also a health and safety risk •Staffing Consistency: Storms and other unplanned events make it challenging to predict staffing, resulting in significant overtime and financial impacts, and part-time staff are less reliable than full-time staff •Lower Cost Providers: Lower cost service providers exist in the market, though often offering a lower level of service, that pose a competitive threat to Tillsonburg. •Capital Investment: As the service grows and the fire hall continues to age, the service could be facing some significant capital investment needs •Next Generation 9-1-1: Recent investments in Next Gen 911 position Tillsonburg ahead of competitors at a time when many organizations will be re-evaluating their delivery of this service •3rd Party Revenue Opportunities: Fire Communications Centres can partner with 3rd party companies to deliver services that generate additional revenue •Leverage Tillsonburg Quality of Service: Other providers do not provide the same level of service as Tillsonburg, and it is clear that customers notice this – Tillsonburg can differentiate itself using this knowledge BACKGROUND AND CONTEXT Page 35 of 239 Financial Analysis Page 36 of 239 14 Financial Analysis: Overview FINANCIAL ANALYSIS StrategyCorp conducted an analysis of the current economics of Fire Communications service delivery to determine the cost of service delivery, establish a break-even price point for services, and review market conditions for Fire Communications services in Ontario that c ould impact future growth. This section is broken down as follows: Cost of Service Delivery Analysis of the current costs associated with Fire Communications, capacity to deliver services to additional customers, and impact of current contracts and pricing on cost recovery rates. Revenue Outlook A review of the current revenue outlook based on current contract terms and conditions, and implications on the risk and opportunities associated with pricing adjustments. Additional Levers of Value Examination of additional factors related to the value of Tillsonburg’s Fire Communications service that should be considered as part of the overall financial analysis of the service. Forward-Looking Pricing Strategies A summary of pricing strategies that can be employed to enhance the financial position of Tillsonburg’s Fire Communications services. 1 2 3 4 Page 37 of 239 15 Cost of Service Delivery: Analysis FINANCIAL ANALYSIS Tillsonburg’s break-even price for the delivery of fire communications ranges significantly per capita depending on the methodology employed. Current Operating Statistics Current Customer Population Total Population Served (Including Tillsonburg) Non-Emergency Calls (2020) Emergency Calls (2020) Total Calls (2020) Annual Calls per Capita Capacity Estimate Full-Time FTEs Part-Time FTEs Total FTEs Estimated Call Capacity per FTE Total Estimated Call Capacity Estimated Excess Call Capacity Estimated Additional Serviceable Population Estimated Total Population Capacity Estimating Total Net Costs Direct Costs (2021 Budget) Administrative Margin (Chief and Deputy Time) Total Estimated Cost of Fire Communications Transfer for Customer Service (2021) Value of Service to Tillsonburg Fire (at cost) Net Cost to Tillsonburg 1 2 3 Tillsonburg’s break-even price for service delivery is dependent on two variables: 1.Capacity: The total volume of calls Fire Communications could hypothetically manage without changing the cost structure 2.Costs: The current cost of service delivery required to meet that demand With the variables properly established, the break-even cost depends on choices around: •Whether to use fully loaded costs that include portions of Chief and Deputy salaries, or direct costs only? •Whether the interdepartmental value of customer services to Tillsonburg should be deducted from costs? •Whether the value of the service to Tillsonburg Fire should be deducted? Cost per Capita Calculations Customers Cover All Costs Direct Only Direct Net of CS Fully Loaded Costs Fully Loaded Net of CS Tillsonburg Covers Cost of Own Service Direct Only Direct Net of CS Fully Loaded Costs Fully Loaded Net of CS 4 Edited to remove commercially sensitive information. See full report for more detail. See full report. See full report. See full report. See full report. Page 38 of 239 16 Cost of Service Delivery: Summary FINANCIAL ANALYSIS The optimal price-point for Tillsonburg’s Fire Communications depends on the methodology the Town chooses to employ to account f or costs and value. •The break-even price for service depends on the costs included, and how value provided internally to Tillsonburg is accounted for •There are two approaches to dividing costs: •Customers Pay Full Costs: Costs are amortized across the full capacity of Fire Communications, less the population of Tillsonburg. The price is that which needs to be charged for the service to be fully cost-neutral to Tillsonburg •Tillsonburg Covers Costs of Self-Service: Costs are amortized across full capacity, including the population of Tillsonburg. The price is that which needs to be charged for the service to cover costs above the value received by Tillsonburg directly •There are two cost levers that need to be included or excluded: •Administrative Margin: The effort expended by the Chief and Deputy to manage the service •Value of Customer Service: The interdepartmental transfer for customer service •The table to the right indicates the eight different break-even prices that are achieved depending on how each of these variables are toggled together or separately Methodology Description Cost per Capita Customer Only Tillsonburg Included Direct Costs Only All costs of Fire Communications are included $x.xx $x.xx Direct, Net of Transfer Cost of Fire Communications, less the value of the interdepartmental transfer for Customer Service $x.xx $x.xx Fully Loaded Costs All costs included, plus estimated effort of Chief and Deputy (10% and 50% respectively) $x.xx $x.xx Fully Loaded, Net of Transfer All costs, plus estimated effort of Chief and Deputy, less the value of the interdepartmental transfer $x.xx $x.xx Based on the analysis, a fully loaded cost, net of internal transfers, is a logical price-point. This accounts for both the fully loaded costs of the service (including Chief and Deputy time), but also acknowledges the reasonable costs to Tillsonburg of the service provided –for both after-hours customer service, and direct services provided to Tillsonburg Fire. Accounting for the value to Tillsonburg acknowledges that alternative costs would need to be borne without the service. Edited to remove commercially sensitive information. See full report for more detail. Page 39 of 239 17 Cost of Service Delivery: Economies of Scale FINANCIAL ANALYSIS The majority of Tillsonburg’s Fire Communications costs driven by semi-fixed costs, implying that economies of scale can be achieved. 230,000 (Current) 260000 290000 320000 350000 380000 410000 440000Cost per CapitaCapacity Breakeven Cost per Capita per additional FTE Customer Base Incremental FTE Estimated Annual Cost Breakeven Cost per Capita 230,000 (Current)0 260,000 1 290,000 2 320,000 3 350,000 4 380,000 5 410,000 6 440,000 7 •Approximately 75% of Tillsonburg’s Fire communications costs are attributable to full-time wages and other expenditures that do not scale directly with service volume •Based on estimated FTE call capacity, each FTE can manage an additional population of ~30,000 •This effectively lowers cost-per-capita for every FTE required •The table below and chart to the right indicate the expected full capacity cost per capita required to break even, excluding infrastructure expenses required to accommodate additional staff •Tillsonburg staff estimate current infrastructure could accommodate up to 3 Communicators per shift without expansion. Additional FTEs would likely necessitate changes to facilities that would incur capital costs Infrastructure Constraints Likely Edited to remove commercially sensitive information. See full report for more detail. See full report. Page 40 of 239 18 Revenue Outlook FINANCIAL ANALYSIS Tillsonburg Fire Communications Service’s revenues are largely tied to long-time customers whose contracts auto-renew annually. This poses both an opportunity and a risk for the service, as outlined in the breakdown below. 57% of Tillsonburg’s current contracts auto-renew on an annual basis; some with a regular increase in price for the customer, and some without. Once an initial contract period expires, those contracts renew automatically on an annual basis. Several contracts have been auto-renewing for almost 10 years. Given this auto-renew model, Tillsonburg is faced with two key considerations: 1. Risk: Tillsonburg has little certainty around the longevity of its current revenues. •Given that 57% of customers are no longer tied to a contract end-date, with another 25% moving to the same categorization over the next two years, Tillsonburg is currently in a position of significant revenue risk •Tillsonburg is currently at-risk of losing a significant portion of its revenue in any given year, subject to the notice period in the original contracts 2. Opportunity: Year-to-year contracts, while riskier than set contracts, provide more flexibility for negotiation and rate changes. •On the other hand, given that the original contract end dates have expired for most contracts, there is significant flexibility to adjust pricing to better align with the needs of the service, and to move closer to a cost recovery model $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2021 2022 2023 2024 2025 2026 Revenue Risk Profile The chart below outlines the annual revenue profile of Tillsonburg’s Fire Communications service. It demonstrates the revenue that will be auto - renewing annually over the next several years, based on the original dates outlined in customer contracts. Year 1 Year 2 Year 3 Year 4 Year 5 Page 41 of 239 19 •The current approach to budgeting the net cost of Tillsonburg Fire Communications to the Town is based on two factors: •Customer Revenue: Direct revenue received from external customers who contract for Tillsonburg’s services •Interdepartmental Transfer for After-Hours Customer Service: Tillsonburg allocates an interdepartmental value from other departments to Fire Communications to account for the estimated value of providing after-hours customer service •The current accounting approach does not consider the value of cost avoidance achieved with in-house delivery of Fire Communications; as an essential service, the Town would need to contract for services in the event it decided to stop delivering the service directly •The value of the interdepartmental transfer for customer service fluctuates year-over-year based on internal discussions Additional Levers of Value: Summary FINANCIAL ANALYSIS A strictly financial focus on the value of Tillsonburg’s Fire Communications services as a potential revenue generator unders tates the value of the service substantially. A full accounting for the value of Fire Communications requires both a consideration of costs saved by maintaining in-house delivery of the service, as well as qualitative value achieved. Cost Avoidance to Tillsonburg Fire •Measuring the direct financial benefit of providing Fire Communications internally ignores other tangible and intangible benefits associated with direct delivery that need to be considered in any evaluation of the business case •These factors include: •Cost and quality control: The Town has direct control over cost-of- service, service levels, and quality of service provided •Internal integration: Tillsonburg maintains flexibility in how operations are structured and integrated •Customer service flexibility: The provision of after-hours customer service support is a unique arrangement; alternatives may increase costs •Economic Impact: Other economic benefits, over and above revenue generated, are created through the service. Stakeholders have referenced Fire Comms as an element making the region attractive to other emergency service investments, such as the OPP Forensics Lab Ancillary Benefits to Tillsonburg •Based on a fully loaded cost-recovery rate the value of Fire Communications to the Town of Tillsonburg represents a significant benefit that is not accounted for. •This value should be included in any break-even analysis •Other non-financial costs and benefits will positively impact the business case for maintaining in-house delivery of Fire Communications services •These benefits can be difficult to quantify, but must be taken into account in any decisions surrounding the future of the service 1 2 Edited to remove commercially sensitive information. See full report for more detail. Page 42 of 239 20 Additional Levers of Value: Economic Impact FINANCIAL ANALYSIS While a full review of the economic development benefits of operating the Fire Communications service was outside of the term s of reference of this study, we were invited to consider this by stakeholders. Direct Employment, revenue, investment Indirect Suppliers, employment in other businesses Induced Spending by individuals in local economy Catalyzed Investments and economic enhancements that exist as a result of direct investment •Stakeholders identified that the communications hub, in conjunction with the Tillsonburg airport, were relevant factors in deciding to locate the OPP Forensic facility in Tillsonburg in 2008 •The four circles to the left indicate the common method for assessing economic benefits •The OPP facility, if driven in part by fire communications, would fall under the category of “catalytic” impacts, or benefits made possible by the existence of Fire Communications in Tillsonburg •While a comprehensive analysis of these benefits was not conducted, illustrative assumptions can begin to demonstrate the potential scale: •Assuming $120k in total salaries per OPP officer, and a headcount of 20 (given the size of the facility), that would equate to over $2M in catalyzed jobs and income every year since the opening of the facility •Assuming the combination of the airport and fire communications were part of the locational decision, then Fire Comms is in part responsibly for catalyzing these 20 jobs since 2008 •These benefits accrue in addition to the direct economic benefits of employment and spending by Fire Communications employees themselves –which are, in part, funded by the municipality itself, but subsidized by customer revenue •Given the value and stability of public sector jobs to a local economy, these types of benefits should be considered relevant in any evaluation of the benefits of Fire Communications to the community –in addition to other indirect and induced benefits. Page 43 of 239 21 Forward-Looking Pricing Strategies FINANCIAL ANALYSIS Based on the financial analysis, there are a number of key takeaways for Tillsonburg to consider in how to pursue a more cost -neutral approach to delivering Fire Communications services. 1.Setting a Standard Price Target •Analysis indicates that the break-even price for Fire Communications services is higher than the current average revenue per capita •Pricing recommendations include accommodating both an administrative margin, as well as assuming the fully loaded total cost of service to Tillsonburg’s Fire Services is accounted for •This price includes an estimate for the amount of time spent by the Chief and Deputy Chief on managing the service; excluding this time results in a significant decrease in required price per capita 2.Better Quantifying Non- Revenue Benefits •Establishing an appropriate break-even price and margin for the service involves more than an estimate of associated costs, but also requires alignment on the value and price sensitivity associated with other, non-revenue benefits associated with the service: the cost of alternative methods of delivering Fire Communications and after-hours customer service support to to Tillsonburg, and the additional intangible benefits of maintaining control over the service •An appropriate estimation of these ancillary costs and benefits could lower the effective target price, and thus, the costs that need to be passed onto customers in order to “break even” 3.Adjusting Prices Incrementally •The current contract structure for Tillsonburg’s existing customers provides significant flexibility to adjust prices, with most contracts currently on, or moving into, one-year auto-renewal cycles within the next five years •Over time, the average revenue can be adjusted to gradually close the gap and bring revenue closer in line with cost-of- operations 4.Investigate Additional Cost and Revenue Drivers •Based on comparator jurisdictions, there are a number of additional potential revenue streams that can be investigated to achieve increase the revenue derived from the sale of Fire Communications services (see Customers and Markets) •A thorough review of costs and processes, including an activity-based-costing review of fire communicator activities, and particularly in conjunction with future facilities investments, could yield cost savings and lower the required cost-per-user 1 2 3 4 Edited to remove commercially sensitive information. See full report for more detail. Page 44 of 239 Customers and Markets Page 45 of 239 23 Understanding the External Environment CUSTOMERS AND MARKETS StrategyCorp conducted a review of the external environment within which the Tillsonburg Fire Communications service is opera ting to understand the external factors that are influencing the operation of the service, as well as the factors that currently and could potentially influence the success of the service. This section is broken down as follows: Customer Satisfaction: Overview and Analysis High-level overview of customer interviews and feedback regarding Tillsonburg’s Fire Communications Service, and analysis to identify what this means for the service. Customer Satisfaction: Summary of Feedback Summary of customer perceptions of Tillsonburg’s Fire Communications Service, including strengths, opportunities for improvement, and external considerations that are important to the service’s overall success. Market Conditions and Competitors An assessment of the overall market conditions, including comparator pricing, external considerations, and the current value proposition of the Tillsonburg Fire Communications Service for both customers and the Town of Tillsonburg. 1 3 2 Page 46 of 239 24 Customer Satisfaction: Overview and Analysis CUSTOMERS AND MARKETS 1.How would you characterize the quality of Tillsonburg’s Fire Communications services today? 2.What aspects of Tillsonburg’s Fire Communications services work particularly well today? 3.Are there aspects of Tillsonburg’s Fire Communications services that you’d like to see improved? 4.Are service levels clear? Do you believe the current service levels provided are sufficient for your municipality’s needs? 5.Do you believe Tillsonburg’s Fire Communications services provide good value-for-money? StrategyCorp conducted one-on-one interviews to solicit feedback on the Tillsonburg Fire Communications Service from customers. Participation in this process was voluntary, and participant feedback is anonymous. Summary and Analysis of Feedback It is clear that the Town of Tillsonburg is committed to providing a high level of customer service, and that overall, the service is meeting or exceeding customer expectations. The strengths of Tillsonburg’s Fire Communications service are also the service’s key differentiators when compared to its competitors. •Tillsonburg’s strengths and differentiators position the Service positively within the marketplace, compared to competitors. Customers indicated a desire to remain with Tillsonburg as their fire communications service provider because of the high levels of service and confidence in Tillsonburg staff •Service-wide NFPA certification creates a level of security and confidence for customers that demonstrate a need for a fire-specific communications service •While NG9-1-1 is a significant investment, Tillsonburg has already begun to invest in the necessary infrastructure upgrades. There is a general expectation that some other service providers will halt services in the future due to the costs of upgrading services, which will open the doors for Tillsonburg to pursue additional customers Discussion Questions Page 47 of 239 25 Customer Satisfaction: Summary of Feedback CUSTOMERS AND MARKETS Strengths •Customers are treated like partners, and not just a ‘means to an end’; leadership within Tillsonburg’s Fire Communications service are committed to ensuring that communication between customer and service provider is clear, and that issues are addressed in a timely and collaborative manner. •Tillsonburg’s Communications service is dedicated to fire, and all communicators are NFPA certified, which reduces miscommunication or misunderstanding when using terms that are specific to fire departments (which can occur with communications services providing broader emergency communications). •Customers are happy with the level of service provided, and feel as though they are receiving good value for their money. Some customers indicated that switching from a previous communications service provider to Tillsonburg resulted in significant cost savings. Weaknesses •Some customers indicated that while overnight calls are often reduced, there is still a need for clear risk mitigation and double staffing would be beneficial, should a large volume of calls come in at once. Other Considerations •The industry-wide (mandated) shift to NG9-1-1 will more than likely result in several fire communications service providers to halt operations due to the necessary infrastructure investments to meet the new standard. Given investments that Tillsonburg has already made to meet the new standard, they are already better positioned than other competitors, and the elimination of some competitors will create opportunities for Tillsonburg to pick up more customers in this space. •High-quality service for customers, with consistent meeting of standards and industry best- practices •Tillsonburg only employs NFPA certified fire communicators who understand the terminology that is being used •Commitment to customer service, including clear and consistent service levels •Modern technology that meets upcoming regulatory requirements •Low cost for service, and for many new customers, cost savings when switching to Tillsonburg from another service provider Tillsonburg Fire Communications Service’s Unique Value Proposition Page 48 of 239 26 Market Conditions and Competitors: Overview CUSTOMERS AND MARKETS Comparator Prices •A number of municipalities were surveyed to provide estimated cost of service for Fire Communications. o See full report for details •Prices are self-reported and provided no detail on services provided or terms and conditions; unlikely to reflect changes related to NG9-11 upgrades •A number of services are likely not to provide full incident support, which would contribute to substantially reduced costs External Considerations •Fire communicators are regulated by the Canadian Radio-television and Telecommunications Commission (CRTC), and is thus subject to changing regulations. Most recently, the CRTC introduced regulations to modernize emergency communications services, through the introduction of Next Generation 9-1-1 •This modernization regulation will require emergency communicators to make investments in new and upgraded equipment and services, which is likely to increase prices and shake-out smaller competitors as costs increase across the Province StrategyCorp conducted research and direct surveys of competitors and customers with respect the current marketplace for Fire Communications services. While there are a number of competitors that self-report lower prices, coming NG9-11 requirements are likely to have an impact on overall market dynamics. Implications •Based on limited survey respondents, there appear to be a number of competitors currently providing services below the estimated cost-of-service for Tillsonburg •The detailed pricing approach, degree of cost-recovery, and forward-looking pricing for competitors was not provided •Given NG9-11 investments required, prices are likely to rise and market may consolidate; feedback indicated that a number of smaller municipalities may need to re-examine direct delivery of services based on investment requirements Edited to remove commercially sensitive information. See full report for more detail. Page 49 of 239 27 In 2016, the NG9-1-1 Coalition released its Vision 2020 –NG9-1-1 Strategy for Canada, which was ultimately presented to the Canadian Radio-television and Telecommunications Commission (CRTC) in January 2017. In June 2017, the CRTC issued decision 2017-182; Next-generation 9-1-1 –Modernizing 9-1-1 networks to meet the public safety needs of Canadians. In March 2019, the CRTC took a further step toward the modernization of next generation 9 -1-1 networks in Canada, issuing Telecom Regulatory Policy CRTC 2019-66: Next-generation 9-1-1 network design efficiencies. As a result of these decisions, Public Safety Answer Points (PSAPs) will be required to make investments to update their communications systems. Legacy systems will no longer be supported as of the end of June 202 3. Tillsonburg has already begun to make the required investments to meet these standards, and expects to have them implemented a year ahead of schedule. Other emergency communications service providers will be forced to make capital investments to ensure that they meet regulatory sta ndards and continue providing services. This could push other service providers out of the market, or raise costs. Market Conditions and Competitors: Impact of Next Generation 911 Next-generation 9-1-1 (NG9-1-1) –June 2017 Decision In this decision, the Commission mandated the continued evolution of telecommunications networks across Canada in the form of a transition to Internet Protocol (IP) technology. This modernization could enable Canadians to stream video from an emergency incident, send photos of accident damage or a fleeing suspect, or send personal medical information, including accessibility needs, which could greatly aid emergency responders. The Commission directed all incumbent local exchange carriers (ILECs) to establish their NG9-1-1 networks and to be ready to provide NG9-1-1 Voice service by 30 June 2020. The Commission also directed all telecommunications service providers (TSPs) to make the necessary changes to support NG9-1-1 Voice throughout their operating territories by 30 June 2020. During the transition to NG9-1-1, ILECs were directed to support existing 9-1-1 voice services over the existing 9-1-1 networks in parallel with the new NG9-1-1 networks. Next-generation 9-1-1 network design efficiencies –March 2019 Decision In this decision, the Commission set out determinations to further the implementation and provision of next-generation 9-1-1 (NG9-1-1) networks and services in Canada, so that Canadians can access new, improved, and innovative emergency services with Internet Protocol-based capabilities. The Commission aimed to increase the efficiency of NG9-1-1 network design and related interconnection arrangements so that the NG9-1-1 networks are secure, reliable, resilient, and cost-effective for stakeholders. Specifically, the Commission set out the roles and responsibilities with respect to the Location Information Server / Additional Data Repository (LIS/ADR) functionalities and its NG9-1-1 interconnection framework. To help all Canadians benefit from the same quality of NG9-1-1 networks, the Commission imposed various obligations on telecommunications service providers and incumbent local exchange carriers (ILECs), including small ILECs. CUSTOMERS AND MARKETS Page 50 of 239 Strategic Options Page 51 of 239 29 Strategic Options STRATEGIC OPTIONS Based on our overall analysis, and in considering a number of potential models being investigated by Tillsonburg, there are a number of strategic options for Tillsonburg to consider in addition to agreeing on and gradually moving towards a price -for-service that covers a greater proportion of costs. Migration to Customer Service An overview of the implications of shifting Fire Communications responsibilities to a department outside of Fire Services Additional Revenue Streams A summary of other potential revenue streams employed by Fire Communications services in other jurisdictions, that could be explored by Tillsonburg Operational Improvement Opportunities Operational improvement opportunities identified through the course of the review that could result in cost or capacity savings that could lower the financial cost and required price per capita for Fire Communications services 1 3 2 Page 52 of 239 30 Migration to Customer Service STRATEGIC OPTIONS Tillsonburg has considered the potential to move Fire Communications into Town Hall, and incorporate it into Customer Service. While there are no regulatory barriers to making this change, there are several considerations worth noting: •Deterioration of Competitive Advantage: The National Fire Protection Association (NFPA) has identified a set of standards for Fire Communications services to meet, including service standards, the physical separation of facilities from other activities, and a number of other specifications outlined in NFPA 1221. Adherence to NFPA standards, and the delivery of Fire Communications by dedicated Fire Services professionals, have both been identified as key strengths of Tillsonburg’s core value proposition to clients. Shifting away from delivery by Fire Services is likely to reduce Tillsonburg’s competitiveness in the market. •Impact on Other Departments: Emergency communications is an essential service, subject to specific training and operational requirements (including 24 -hour a day, 365 days-a-year operations). Moving emergency communications into Customer Service, or any other non-emergency department, is likely to incur substantial costs in cross-training and workforce planning requirements. •Lack of operational efficiencies: There are no substantial operational efficiencies that are likely to be realized by migrating to Customer Service, and management and operational inefficiencies are likely to result. As such, there are limited benefits to doing so. Currently, Tillsonburg’s Fire Communications Service resides within the Fire Department. It provides Fire Communications services for the Town of Tillsonburg, in addition to 21 other municipal customers. The Fire Communications Service also provides after hours customer service support for the Town of Tillsonburg. Leadership within the Town of Tillsonburg have considered the possibility of reorganizing Fire Communications to be delivered by Customer Service. While feasible, there are a number of potential risks and drawbacks, with limited estimated benefits. While there are no legislative restrictions on providing Fire Communications services by departments other than Fire Services , alternative models introduce substantial internal and external risks, would deteriorate Tillsonburg’s competitive advantage with customers, and may raise costs or reduce quality, without providing substantial benefits. Page 53 of 239 31 Potential Additional Revenue Streams STRATEGIC OPTIONS There are a number of alternative revenue streams employed by similar Fire Communications services that could improve the fin ancial position of Fire Communications. Potential Streams Description Wellness Checks and Residential Lockboxes •A number of municipalities provide a fee-for-service wellness check and residential lockbox program •The program uses Fire Suppression staff to perform regular checks on subscribers to a Personal Emergency Response system (suc h as Life Alert), as well as a residential lockbox program that prevents damage to the home in the event of an emergency entry •Services are usually provided in conjunction with a third -party, with a negotiated revenue split Third Party Alarm Monitoring •Some municipalities, such as Elliot Lake, host equipment sold and provided by third party alarm monitoring companies, such as Electronic Surveillance Canada, with direct notification of Fire Communications in the event of an emergency alert •Third parties sell the service and split the revenue, while Fire Communications manage the response directly, which reduces c osts to the third party, increases revenue to Fire Communications, and improves response times Direct-Wiring Bylaws •In conjunction with third party monitoring, municipalities such as Kitchener have instituted regulatory requirements that req uire any new construction outside of a certain radius of a fire hall to have mandatory connection and monitoring of alarm systems by Fire Communications, and pay the associated fees and costs •This improves response times, reduces the need to add additional fire halls to meet standards in high growth communities, and increases revenue to Fire Communications Expanded Customer Service Offering •There is an existing market for the provision of additional after -hours customer service support to external customers, similar to the support currently offered internally to Tillsonburg’s other departments; support can also be extended to other agencies and services in the community, such as physician after-hours monitoring •This service would consume additional capacity to manage calls, and so may incur additional costs to the Town Page 54 of 239 32 Operational Improvement Opportunities STRATEGIC OPTIONS Based on the findings of the review, there are a number of operational improvement opportunities that are likely to yield pos itive financial impacts for the Town of Tillsonburg. Opportunities Description Detailed Capacity Analysis and Activity Based Costing •The required break-even price for service is highly dependent on the capacity of staff to manage a given volume of calls •Capacity estimates in this document are based on high-level estimates generated from experiences in other municipalities •In order to better understand the true cost of service and capacity, Tillsonburg should undertake a detailed activity -based costing and capacity analysis to understand the limitations and potential to expand the service without increasing staffing Process Rationalization •The process for managing and executing on Fire Communications services is documented in a series of SOPs, but analysis into k ey process steps, potential waste, and alternative time uses, could identify opportunities to free up staff capacity, and increase the volume o f calls that can be managed by a given staff complement Organizational Review •Tillsonburg’s Fire Communications service employs 5 full-time and 9 part-time fire communicators in order to deliver services, and has no supervisory staff below the level of Deputy Chief •There is a historically significant amount of unbudgeted overtime paid -out as a result of unexpected leaves and absences, which is contributing to increased costs of delivery •The Deputy Chief spends a significant part of their workload managing Fire Communications, performing roles typically complet ed by a Supervisor •Approximately 80% of total cost-of-delivery is related to salaries and wages, and there is a likely opportunity to reduce overal l cost-of-service by rationalizing roles, staffing models, and addressing root causes of unplanned overtime, through a comprehensive organizationa l review Detailed Market Sounding •Given historical willingness of customers to pay higher fees, and upcoming NG9 -11 investment costs, a detailed market sounding likely to yield more granular information around market prices and potential for price increases Page 55 of 239 Recommendations Page 56 of 239 34 Overall Recommendations STRATEGIC OPTIONS In summary, the Town of Tillsonburg should consider the following elements in developing a revised business plan for Fire Com munications. 1.Align on a common cost- recovery calculation and pricing strategy •An analysis of the current cost of operations and capacity to serve customers indicates that the break -even price for service ranges widely depending on methodology chosen •Proposed price target accounts for the loaded cost of service delivery, as well as the value provided to Tillsonburg for after-hours customer service support and Fire Communications •The break-even price analysis requires alignment with leadership and finance on the appropriate methodology •The value for customer service currently shifts based on internal calculations and should be based on a standardized methodol ogy to enable effective business planning 2.Complete an operational review •There are a number of factors that indicate the current structure and planning for Fire Communications is leading to salary and benefits costs that are higher than required –i.e.significant unplanned overtime, breakdown of PT/FT resources, level of effort and responsibilities of Deputy in direct supervision of Fire Communications •Information on actual staff activity and time-on-task are not tracked, and so actual capacity to manage call volumes is difficul t to accurately estimate –call capacity has a significant impact on cost-per-capita •A comprehensive operational review that looks at organizational structure and processes could yield significant cost and capa city savings, and/or refine the cost-of-service analysis to improve accuracy in pricing 3.Conduct a detailed market sounding •A number of comparator municipalities offering fire communications services to external customers were surveyed for pricing information, and reported –on average –a lower price per capita than Tillsonburg’s current costs and contracts •Not all services are alike –a number of competitors only provide for call-routing and “tone-out”, whereas Tillsonburg provides end-to- end incident support •These data are self-reported, do not provide information on other costs, and do not include information on forward -looking price changes that may result from required NG9-11 investments •Current Tillsonburg customers and contracts indicate that there is a market for services at price points significantly higher than the reported competitor prices, and customers report significant savings from shifting to Tillsonburg’s services •A more thorough market-sounding will help identify average market prices for like services 1 2 3 Edited to remove commercially sensitive information. See full report for more detail. Page 57 of 239 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Due to the ongoing COVID19 pandemic, physical attendance public will not be permitted into Council Chambers. Proceedings will be web-streamed on the Town of Tillsonburg Website. Proceedings held on the fourth Monday of the month will also be televised via Rogers TV. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individuals are agreeing to the release and inclusion of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 58 of 239 First Name * Elizabeth Last Name * Sinclair Street Address * 76 north street east Town/City * Tillsonburg Postal Code * N4G 1B5 Phone Number * 519-544-1625 E-mail * esinclair1980@gmail.com Subject * Epilepsy awareness Name of Group or Person(s) being represented (if applicable) Elizabeth Sinclair-Epilepsy Advocate All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge Details of the nature of the business/purpose: * I'm wanting to spread Epilepsy awareness and support people like me with epilepsy by lighting the clock tower purple for "Purples Lights" on March 26th 2021 the official day for epilepsy awareness here in Canada. Do you or any members of your party require accessibility accommodations? * Yes No Page 59 of 239 Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 60 of 239 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 61 of 239 PURPLE LIGHTS DELEGATION Hello, my name is Elizabeth and I have Epilepsy. A lot more people than you may think have epilepsy. Epilepsy is not something often talked about but one in every 100 people have it. 50 million people worldwide, 300,000 in Canada and 90,000 in Ontario. There is no known cure for epilepsy but medication, diet and surgery can controls seizures although is not a cure. I am still trying to figure out which methods work best in controlling my seizures. Therefore, I live in this fear. The fear of having another seizure, the fear of biting or splitting my tongue, fear of falling out of bed, fear of never waking up and fear of not sleeping enough. I fear forgetting to take my medication, I fear waking up in an ambulance or traumatizing my husband and anyone present during these intense and scary seizures, I have. The worst fear for me is not being myself anymore but someone new. Although I am grateful for my blessings. I am grateful for the most wonderful and supportive husband, of 21 years. Who is always there for me during my seizures and takes the best care of me. I am grateful for love and a family that supports me. I am grateful for a community that supports me. I am grateful for a bright future and presently I am grateful to stand up and have a voice for epilepsy and people with epilepsy who may not be able to speak out. I am grateful for the strength I possess to be a warrior against epilepsy. My epilepsy is nocturnal so my seizures only occur while I am sleeping. I will not get into the details but they are very bad. Although others have these kinds of seizures not everyone’s are as intense or have as many repercussions after a seizure. My seizures are tonic colonic formerly known as grand mals. When I first started having seizures, I fell out of bed and injured myself from the fall and seizing on the floor. Now that my husband is aware of the seizures, he keeps me on the bed and safe from injury. I would like to say that epilepsy not only effects the people who have it but also the people who care for us. It usually takes 3-4 weeks for me to recover from a seizure. I am completely sore from head to toe. My tongue is always injured. I have headaches and my medications are increased with side effects all of their own. My brain, my thoughts and my feelings all take time to catch back up. In addition, as I mentioned before each seizure changes me a little from the person I know myself to be. I would really appreciate if the town of Tillsonburg would light the clock tower purple for the day of March 26 2021 in support of epilepsy awareness and the “purple lights” campaign. I plan to take photos in front of the tower. I have invited a young girl in town “Hollie” to take photos. She struggles with epilepsy and is grateful for my voice. I have also contacted the Norfolk & Tillsonburg news who are going to do a story on my efforts to bring epilepsy awareness to the community by asking to light the clock tower purple. Epilepsy Southwestern Ontario is the local community based agency providing support to families like mine. They are delighted about this initiative and plan to share my photos on their website and social media platforms. Thank you for listening to my story and request to light the tower. Page 62 of 239 Page 1 of 3 Subject: On Demand Contact Centre Report Number: CS 21-14 Department: Corporate Services/Hydro Submitted by: Michelle Smibert, Director of Corporate Services/Clerk and Ian McKenzie, General Manager Hydro Operations Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT the Bell On Demand Contact Centre software be purchased at a onetime cost of $5,300 and monthly recurring charges of $516.50 per month to be cost shared between the Town and Tillsonburg Hydro; AND THAT the Town IT reserve be used to fund the Town’s onetime cost of $2,650. BACKGROUND The current call in software does not allow Tillsonburg Hydro Inc. to be compliant with the Ontario Energy Board’s (OEB) Reporting and Record Keeping Requirements (RRR) to monitor and report on the call response and dropped call metrics. DISCUSSION County IT was asked to investigate any and all options to ensure that the existing call in software can be compliant with the OEB requirements and legislation and they have determined that the only option available is to purchase the On Demand Contact Centre software. The On Demand Contact Centre includes; multimedia channel routing (send customer phone, chat and email contacts to the best suited agents), Tools for rapid call resolution (leverage CRM integration, interactive voice response, virtual agent extensions, computer telephony integration, call recording and live monitoring), Tools for collaboration (provide greater assistance to your customers through co-browsing functionality into chat, VoIP and phone), Real-time historical reporting (get real-time data on agent load and activity, plus service level alerts and detailed queue reports. Page 63 of 239 CS 21-14 Page 2 of 3 Capacity can be scaled on demand to accommodate new clients, special campaigns and seasonal call volumes. Monitoring and service level alerts a llow quick identification of any areas of concern. Administrators can then make changes to flows and queues in real time to alleviate issues. This system also enables flexible agent staffing models – agents distributed across multiple locations or working from home function seamlessly in a virtual contact centre environment. Regardless of their location, agents can log in to the system from any web-enabled computer and begin taking calls immediately. CONSULTATION County IT, Director of Finance, Manager of Revenue FINANCIAL IMPACT/FUNDING SOURCE The Director of Finance has noted that the Town’s IT reserve has a current uncommitted available balance of $4,423 and that we can utilize these funds for our onetime cost of $2,650. The Director has also advised that the Town’s monthly costs of $258.25 may be offset by in-year underutilization of the computer maintenance account. 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 64 of 239 CS 21-14 Page 3 of 3 ATTACHMENTS Appendix A – ODCC Budgetary Pricing Page 65 of 239 Page 66 of 239 Page 67 of 239 Page 1 of 3 Subject: Council and Committee Meeting Options Report Number: CS 21-15 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council provides the following direction for Council and Advisory Committee meetings: BACKGROUND The World Health Organization declared a worldwide pandemic related to the COVID- 19 virus on March 11, 2020. As COVID has entered and exited different health unit regulations that affects in person gatherings and social distancing measures, staff have co ntinually reviewed opportunities and recommendations to ensure that meetings can be conducted in a safe manner. The Procedural By-Law was amended in August of 2020 to allow for electronic meetings during an emergency or a pandemic like COVID. Also in August of 2020, Council provided direction to staff to allow for a hybrid system of meetings that would allow some members to attend in person and others to join electronically. Modifications were made to the Council Chambers to allow for the hybrid system including work done to the sound system. DISCUSSION Now that Tillsonburg, as part of the South West Public Health Unit is in the Orange Restrict Level, has adopted gathering limits for organized public and private events in staffed facilities, we may now allow up to 50 people indoors. As a host of numerous Council-appointed Advisory Committees, the RCP department has received requests from members of their committees that they would like to resume “in person meetings”. Page 68 of 239 CS 21-15 Page 2 of 3 RCP staff have noted that they can accom modate in person meetings at the Community Centre while still ensuring physical distancing (2 metres apart) along with sanitization before and after meetings. It should be noted that the Community Centre does not lend itself well to offer hybrid meetings due to the set-up, sound system, etc. If Council allows in person meetings at the Community Centre then hybrid meetings (i.e. if a member wanted to join electronically) would not be able to be accommodated. As discussed before, the Council Chambers does not allow us to fully physically distance unless we install plexi-glass for Council and staff around the Council table. The pricing of plexi-glass was detailed in the August 2020 staff report which is attached. Due to the fact that Council meetings are live streamed and recorded, staff recommend that Council meetings continue to be conducted from the Council Chambers using the hybrid model. The hybrid model also allows for Rogers TV to regularly live stream an d record Council meetings. Of course, staff will continue the monitor the situation as COVID and the vaccine roll out ramps up and will provide future reports. Staff is looking for Council direction at this time to allow Advisory Committees the opportunity to meet in person for their meetings; noting that in person meetings at the Community Centre however, will not allow for the continued hybrid model. CONSULTATION RCP, Deputy Clerk FINANCIAL IMPACT/FUNDING SOURCE There will be some extra costs associated with the setup of the meeting room and disinfecting before and after meetings. 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 Page 69 of 239 CS 21-15 Page 3 of 3 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 – Staff Report CLK 20-19 Page 70 of 239 Page 1 of 5 Subject: Council Meeting Options Report Number: CLK 20-29 Author: Michelle Smibert, Town Clerk Meeting Type: Council Meeting Meeting Date: Monday, August 10, 2020 RECOMMENDATION THAT Council provides the following direction for Council and Advisory Committee meetings: BACKGROUND The World Health Organization declared a worldwide pandemic related to the COVID- 19 virus on March 11, 2020. In response to this, the Province of Ontario declared a state of emergency on March 17, 2020. On March 20, the Council held a Special Council meeting to amend the Procedural By- Law to allow for electronic Council meetings as permitted by Bill 187, An Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006. This legislation allowed municipalities the ability to conduct meetings electronically while under a Provincial or Municipal Emergency Declaration. Since that time, Town Council meetings have been conducted by WebEx/Zoom with few technical difficulties. The meeting method has allowed for continued broadcasting and recording of meetings to ensure meetings are accessible to the public. Rogers TV has still been able to televise our Council meetings. On August 5, 2020, Council approved changes to the Procedural By-Law to allow for electronic meetings even when there is no Emergency Order in place a permitted by Bill 197, the COVID-19 Economic Recovery Act. Most of the Province is in the third-stage recovery plan and as the Province is opening up, Council has asked staff to provide options available as it relates to meetings for Council and Advisory Committees. Council has now asked staff to review the options for meetings and an analysis of moving back to “in-person” meetings. DISCUSSION For the analysis, staff feel it might be beneficial to provide an overview of the meeting options along with some information regarding any costs, challenges or concerns: Page 71 of 239 CLK 20-29 Page 2 of 5 Electronic Meetings Overall, electronic meetings have been going well with a few technical glitches although some feedback from some members of Council is that they would “prefer” in-person meetings. Some advisory committees have also expressed concern with electronic meetings due to availability of devices or challenges associated with chairing a meeting when not in person. In-Person Meetings While gathering limits and social distancing recommendations remain, it will be important to either maintain fully electronic meetings or move to a hybrid meeting set up in order to ensure meetings remain accessible to the public. A hybrid meeting set up would involve some attendees participating in-person and others participating electronically. A hybrid meeting could accommodate those who are comfortable to meet in-person and those who prefer to participate electronically during COV ID. This would allow for any individual with access to a phone or internet the opportunity to participate in the meeting. Electronic meetings have allowed the Town to continue broadcasting and recording meetings, as well as allowed Rogers TV to connect remotely to televise Council meetings. Hybrid – Electronic and In-Person Meetings The current meeting method is fully electronic however; the Mayor, Councillor Rosehart, the Town Clerk and Deputy Clerk sit in the Council Chambers. Having multiple participants in one room can at times result in feedback noise which affects the quality of the electronic meeting. Staff estimate the cost to achieve a hybrid meeting set up in the Council Chambers to be approximately $1,000. This cost would purchase the necessary devices and wiring to merge the Council Chambers system with the electronic meeting method, therefore allowing those participating in -person to participate without a laptop. This price does not include costs related to plexi-glass installations. Based on a facility assessment of the Council Chambers, we can accommodate 4 members around the Council table and possibly another in the gallery with certain staff. The Council Chamber space will not allow us to physically distance unless we can install plexi-glass for Council and staff around the Council table. The following information was received from the Interim Director of Recreation, Culture and Parks relating to costs associated with plexi-glass: As we discussed this morning, I met with Warren to look at options for “Sneeze guards” between the chairs in where council has their meetings. There are 12 chairs. Here are 3 options that Warren suggested 1. Hang Plexi from the Ceiling using chains. Warren would sell us plexi glass that has predrilled holes and has sanded/rounded edges. We would have to do the install ourselves. Cost is $250.00 per sheet x 12 dividers = $3,000 Page 72 of 239 CLK 20-29 Page 3 of 5 2. Tempered Glass held onto table with steel shower clips. We would need to have someone come in to put install 2 x 4 in the ceiling at each area the glass will be so clips could be installed to the ceiling. Cost is $550.00 per area x 12 dividers = $6,600 3. Fully enclosed free standing aluminum frame with tempered glass. This is like what they have at the CSC where the CSR’s work. Cost would be $1300.00 per seat x 12 dividers = $15,600 We did discuss how these may impact sound transmission as well as glare for the television cameras that may be problematic. Plexi-glass installations would not have a negative impact on sound transmission as participants would be utilizing the Council Chambers sound system. The Community Centre is a space where we can physically distance. This space would require more and regular cleaning before and after each meeting and RCP has advised that the cost to set up, sanitize before and after the meeting would be $250 in staff time. With the physical distancing of 7 members of Council plus 7 staff members, there may be some challenges such as being able to “hear” each other speak. In order to achieve a hybrid meeting set up in the Community Centre, the Town would need to purchase at minimum a camera and a mobile microphone system. Staff estimate the cost to achieve a hybrid meeting set up in the Community Centre to be approximately $25,000. In order for the Town to continue broadcasting and recording meetings, staff would continue to utilize the broadcast equipment in the Council Chambers during meetings; this could require additional staff time. Rogers TV could continue to connect remotely to televise Council meetings. Relocating the existing broadcast equipment to the Community Centre, or purchasing new broadcasting equipment for the Community Centre, is not recommended as these options would require significant time and resources. If meetings were held at the Community Centre and opened to the public, additional staff would be required to attend meetings to help ensure that members from the public are distanced, and to ensure that the gathering does exceed 50 people . We would also need to ensure that everyone within the meeting space wears face coverings. The associated cost each meeting would be $180 in staff time. This cost does not include the staff time identified by RCP for set up and sanitation each meeting. Eliminating Electronic Meetings As noted above, the Community Centre is a space where we can physically distance. Utilizing this space would involve additional costs associated with set up/tear down and cleaning. The Town would need to purchase at minimum a camera and a mobile microphone system. In order for the Town to continue broadcasting and recording meetings, an electronic meeting method would be used by staff only in order to utilize the broadcast equipment in the Council Chambers during meetings; this could require additional staff time. This would allow for Rogers TV to connect remotely to televise Page 73 of 239 CLK 20-29 Page 4 of 5 Council meetings. If electronic meeting methods were eliminated completely, this location would require broadcast equipment in order to achieve broadcasting and recording of meetings, as well as allow for Rogers TV to attend and televise Council meetings. As noted earlier, relocating the existing broadcast equipment to the Community Centre, or purchasing new broadcasting equipment for the Community Centre, is not recommended as these options would require significant time and resources. Advisory Committees Staff has reached out to the Advisory Committee Chairs and we received some feedback regarding the desire to return to in-person meeting. It is suggested that any decision about Council meetings be extended to the advisory committees as well for consistency purposes. What needs to be top of mind when reviewing these options is the health and safety of our Members of Council, Advisory Committee Members and our staff. CONSULTATION – Mayor, Members of Council, SLT, Advisory Committees, Clerk’s staff FINANCIAL IMPACT/FUNDING SOURCE – N/A 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 Page 74 of 239 CLK 20-29 Page 5 of 5 ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS None Report Approval Details Document Title: CLK 20-29 Council Meeting Options.docx Attachments: Final Approval Date: Aug 6, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Aug 6, 2020 - 8:40 AM Page 75 of 239 Page 1 of 2 Subject: Business Licensing Exemption Request (Leen’s Fish and Chips) Report Number: CS 21-16 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council receives this report for information and that no action be taken on this request at this time. BACKGROUND The Clerk’s Office has been in discussion with Leen Hakvoort for several months now as he has been looking for a location to operate his mobile Fish Wagon. The location which they are looking at is 145 Simcoe Street. DISCUSSION Section 7.8 of the Business Licensing By-Law #3666 states the following: “No person shall operate a refreshment vehicle stand within 150 metres (492 feet) of any other restaurant.” The following restaurants are within the 150 metres of the desired location: 166 Simcoe (KFC/Taco Bell), 168 Simcoe (Pizza Hut) and 170 Simcoe (McDonald’s). Historically, there have been many such requests made and it has been consistently conveyed by staff that exemptions or variances are not considered and in this case, the business owner would like Council to consider this request. Council has the following options to consider:  Not allowing the exception (then no action is required – receive the report as information); Page 76 of 239 CS 21-16 Page 2 of 2  Allow an exception to the by-law by resolution for Leen’s Fish and Chips to operate at 145 Simcoe Street on Tuesdays only;  Request staff to obtain feedback from the restaurants affected and the BIA/Chamber (mobile food vendors and existing businesses that pay taxes) before making a decision on this request.  Direct staff to review the 150 m regulation to see if this should remain or should be changed/amended as part of a broader review of the Business Licensing By- Law. CONSULTATION Chief Building Official FINANCIAL IMPACT/FUNDING SOURCE N/A 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 – Request Letter Page 77 of 239 Page 78 of 239 Page 79 of 239 Page 1 of 3 Subject: Building Inspector 2 - Business Case Report Number: OPD 21-08 Department: Operations and Development Submitted by: Geno Vanhaelewyn, CBO Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council receives report OPD 21-08 Building Inspector 2 - Business Case as information; AND THAT Council continues to support the requirements set in the Ontario Building Code Act to ensure adequate staffing are in place to administer the Ontario Building Code; AND FURTHER THAT Council approve an additional FTE for Building Services and direct staff to proceed with the Building Inspector 2 recruitment process. BACKGROUND Tillsonburg has continued to witness strong development and as a result staffing levels within the Building Department are inadequate to maintain the required level of service required to support the development community’s needs. Staff have identified the need for a Building Inspector 2 position to ensure these demands can be maintained and therefore the Town must adjust quickly to ensure the development process is not stalled. This recommendation will ensure that the Town continues to display an inviting “open for business” impression to investors and the development community. DISCUSSION Building Services is committed to maintaining an excellent level of service to the development community, residents and business owners. Building Services has functioned during the last three years of increased levels of activity with three inspectors; a Chief Building Official, Deputy Chief Building Official and Building Page 80 of 239 OPD 21-08 Page 2 of 3 Inspector I along with a Building Inspector Intern (since 2019). Although staffing was reviewed during the 2021 budget and business plan process last fall the Town has experienced another substantial increase in development activity within the community that was not anticipated. Three builders/developers have informed staff that all serviced lots in their subdivisions are now sold and are anxious to obtain building permits in order to meet their commitments on closings. As a result, staff have identified the immediate need for an additional qualified building inspector to ensure the services that the Building Department provides to the community are not compromised. The attached business case outlines the increase in permit activity as well as the immediate and long- term needs of this department to function effectively. CONSULTATION Builders/developers advised staff of the upcoming needs and staff verified the demand. A review of existing and anticipated planning applications was completed with the County Planner related to expected and ongoing activity. Contract positions were explored and staff found that only short-term (April to June) options may be available. Recruiting a contract position will likely be very difficult during this time of development activity. Outsourcing to a third party agency was considered and found to be expensive and potentially unreliable. FINANCIAL IMPACT/FUNDING SOURCE In order to attract a viable candidate, this position will need to be full-time (minimum 35 hrs/week). Grading of this positon will commence once this position has been approved. The additional inspector wages, laptop/software and mobile phone will be funded directly through the increase in permit activity/revenue and if required from the Building Permit Obligatory Reserve which currently sits at $861,364.91. Vehicle sharing within the department can be accommodated and therefore no funding is required for fleet. 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 81 of 239 OPD 21-08 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 Appendix A – Business Case - Building Inspector 2 Page 82 of 239 0 Business Case: Building Inspector 2 Prepared for Council Consideration Page 83 of 239 Business Case: Building Inspector Contract 1 The Strategic Context Business Needs and Desired Outcomes Strategic Environment Organizational Overview The Town’s Building Department provides a very important service to the public by ensuring that buildings meet the requirements of the Ontario Building Code (OBC). Safe buildings are paramount and due diligence exercised in enforcing the Code helps to protect the municipality from exposure to liability. Providing these services in an efficient and timely manner for the development community is imperative for the Town’s economic growth and has become expected. These service are provided primarily for the purposes of reviewing and approving proposed design, construction, demolition and occupancy of new buildings and existing buildings in order to meet minimum acceptable health, life safety, zoning, accessibility and community standards as established by the Ontario Building Code Act and related by-laws. The service also provides inspection and enforcement offered to complainants, property owners and neighbourhood residents relative to the provisions of the Town’s property-related by-laws to maintain minimum prescribed standards. In the Town of Tillsonburg, the OBC functions are carried out by staff in the Building Department. This consists of the following staff classifications:  Chief Building Official (CBO) (approx. 50%)  Deputy Chief Building Official (DCBO) (approx. 80%)  Building Inspector I (100%)  Building Inspector Intern (approx. 90%)  Development Technician (approx. 35%) Business Need The recent identified increase in development activity in Q1 of 2021, potential staffing restraints related to COVID-19, vacations, etc. has identified that Building Department staff do not have the capability to maintain a level of service offered and expected by our building and development customers. Page 84 of 239 Business Case: Building Inspector Contract 2 The Town is experiencing another substantial increase in development activity within the community that was not anticipated. Three of the most active builders/developers informed staff that all of the lots they have serviced in their subdivisions are now sold and are now anxious to obtain building permits in order to meet their commitments on closings. Provincial and South-western Public Health COVID-19 screening requirements could quickly paralyze Building Services business continuity should one inspector or their children be required to stay at home. Increased activity within Q1 has already required staff to work additional hours resulting in overtime pay and it is expected this will also result in an inability to take required vacation, etc. Increase in inspector vacation time due to years of service causes the department to be left with only two inspectors during vacation reducing the level of service expected from our building and development customers. Customers’ needs must be maintained and are not sustainable based on the ongoing development activity, recent notice of increased development pressures, increase in COVD-19 uncertainty and current inspector staffing. Drivers for Change There are a number of drivers that have highlighted the need for additional building inspector staffing, however, the key driver is the large number of residential housing sales that will translate into building permit applications that require permit review, issuance, inspections, etc. Building permit activity, historical and projected growth is one of the key factors identifying the need for change. Table 1 sets out the value of construction permit class comparison activity for the period 2015 - 2020. Table 1 – Annual Permit Class Comparison (Jan 1 – Dec 31) CLASS 2020 2019 2018 2017 2016 2015 Single Dwellings 32,571,350 21,766,521 18,283,760 17,381,846 22,986,868 11,290,464 Other Residential 32,315,462 24,972,135 13,141,512 3,394,667 2,931,504 3,278,262 Institutional 90,718 6,990,840 2,392,166 256,900 76,114 3,978,968 Commercial 2,318,485 1,968,684 6,698,430 1,700,068 5,463,272 729,400 Page 85 of 239 Business Case: Building Inspector Contract 3 Industrial 4,367,080 901,403 2,934,002 1,992,965 4,361,500 292,600 Total Value of Construction 71,663,096 56,599,583 43,449,870 24,726,446 35,819,258 19,569,694 Total Number of Permits Issued 538 469 436 431 426 317 Table 2 sets out the residential building permit activity for the period 2015 - 2020. Table 2 – Annual Residential Construction Comparison TOTAL RESIDENTIAL PERMITS ISSUED SINGLE (DETACHED) DWELLINGS APARTMENT UNITS CONDOMINIUM UNITS TOTAL RESIDENTIAL CONSTRUCTION VALUE OVERALL CONSTRUCTION VALUES 2020 423 110 9 121 64,886,813 71,663,096 2019 329 90 133 24 46,738,656 56,599,583 2018 325 86 42 22 31,425,272 43,449,870 2017 316 80 5 4 21,276,513 24,726,446 2016 300 117 0 0 25,918,372 35,819,258 2015 218 61 0 0 14,568,726 19,569,694 The 2021 partial Q1 statistics thus far clearly highlight the early activity and pressures experienced this time of year. This activity will certainly continue throughout the year and it is expected to continue into the future based on new subdivision developments and phases in que, apartment building approvals, industrial site plans/subdivision, etc. Table 4 identifies the 2021 increase in these activities between January 1st and March 6th. Table 4 – Permit Comparisons (Jan 1st – Mar 6th) Output Measures– Quantity 2021 2020 2019 2018 2017 Building Permits Issued 100 68 36 57 54 Based on the recent news from the builders/developers at the time of compiling this report, Building Services has 50 permit applications in que that require review and issuance. These numbers are unheard of and have never been experienced in the past. It is normal at any given time to have 10 – 20 application in que. Finally, the Town has positioned itself in providing exceptional permit turnaround times and inspection services for the development community. As a part of the development process our customers expect this level of service to continue as business and development pressures increase. Developers, contractors, subcontractors, etc. will need to adjust to the recent increase in demands and therefore the Town must adjust quickly to ensure the development process is not stalled. Page 86 of 239 Business Case: Building Inspector Contract 4 Business Outcomes  Maintaining developer needs/demands; This includes maintaining efficient and uninterrupted permit turnaround times, inspections and permit holder inquiries during increased activity. An additional inspector will also allow for consistent and proper inspector coverage during inspector sick/personal days, vacations, training, etc.  Increased Permit Revenue; Increased permit activity has provided a direct increase in revenue including a substantial reserve fund. Hiring an additional inspector can therefore be justified to ensure the development community receives consistent professional services for permit fees paid.  Meeting legislative requirements; Ensure that permits and inspections are completed in a timely fashion as per the requirements set out in the OBC Act. Ensure that all inspectors have the ability to attend training and maintain qualifications as required by the Ministry.  Minimised risk; An additional building inspector will reduce the risk associated with high demands and activity. As increased demands as such continue there are higher risk of inspector error and oversight. By hiring an additional building inspector, the risk of error and oversite is reduced and the time needed for proper record keeping and permit follow-up can be maintained. Strategic Fit A Building Inspector II position is an immediate and long-term measure that will allow swift adjustment to the large increase in demands to ensure that the Town’s competitive edge is not lost. Page 87 of 239 Business Case: Building Inspector Contract 5 Stakeholder benefits Stakeholder demands as a result of the economy are one of the main factors for this request. Having an additional trained inspector on-staff who can assist with reviewing permit applications and performing field inspections is needed to respond to the ongoing development community’s economic activity. Scope Reporting to the Chief Building Official under the supervision of the Deputy Chief Building Official, this position will be primarily responsible for plans review, conducting inspections and initiate enforcement for building projects to ensure compliance with the Building Code Act, Ontario Building Code, municipal by-laws and applicable laws in a manner consistent with established Code of Conduct, policies, practices and procedures as directed by the Chief Building Official. In order to attract a viable candidate this position will need to be full-time (minimum 35 hrs/week) with a proposed salary of $34.12/hr - $39.91/hr (Grade 10). Responsibilities • Serve as municipality's Provincial Offences Officer for enforcement purposes regarding municipal by-laws, policies and codes; • Review applications and plans for small buildings under Part 9 of the OBC with regards to completeness of the submission; • Advise applicants and CBO/DCBO of incomplete submissions and application issues/items requested; • Examine plans and process applications for all buildings to ensure compliance with the OBC and relevant Municipal By-laws for the purpose of permit issuance; • Assists with permit intake, application data entry and ensure that all applications are recorded, tracked and forwarded to the CBO/DCBO, as required; • Perform building, plumbing and HVAC inspections of all buildings; • Manage inactive open permits and deposits; • Provide customer service in person, by telephone and e-mail; • Strong documentation/communication skills both written and verbal; • Ability to handle stressful situations on a regular basis; • Strong working knowledge of MS Office programs including: Word, Excell and Outlook; Amanda and Cloudpermit experience considered an asset; • Must adhere to the prescribed Code of Conduct for Inspectors; Page 88 of 239 Business Case: Building Inspector Contract 6 Credentials Required  Post-secondary diploma or degree in Architectural, Construction or Engineering Technology or Certificate of Qualification, or an equivalent;  3 Years experience with: Building Code field inspection s, plans examinations and related enforcement; Interpretation and enforcement of the Ontario Building Code; Interpretation of municipal by-laws and related municipal policy.  Qualified with MMAH in the areas of General or CBO Legal, Large/Complex Buildings, House/Small Buildings, Plumbing-All Buidlings, HVAC House Detection Lighting & Power, Building Structural, Building Services.  A CBCO designation granted by the OBOA, CET designation as granted by OACETT or a MAATO as granted by AATO is considered to be an asset;  Demonstrated knowledge of the Ontario Building Code Act and Regulati ons regarding residential construction as well as a basic knowledge of mechanical, electrical and structural engineering design principles as related to building construction;  Excellent knowledge of building construction methods;  The ability to read and comprehend detailed construction drawings and site plans;  Well-developed communication skills and excellent customer service skills with the ability to liaison with key external and internal stakeholders;  Strong problem solving and decision making skills and the ability to function effectively with minimal supervision;  Ability to meet the physical requirements (i.e. field inspections) of the position;  A demonstrated commitment to enhancing a safety culture; Page 89 of 239 Page 1 of 4 Subject: Relocation of the Recycling Bins at the Transfer Station Report Number: OPD 21-09 Department: Operations and Development Submitted by: Dan Locke, C.E.T. Manager of Public Works Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council receives report OPD 21-09 as information, AND THAT Council provides further direction to move forward or to stop this investigation given the comments from the Ministry of Environment, Conservation and Parks (MECP). BACKGROUND A request to relocate the recycling bins from the large article side of the Transfer Station to the yard waste side was received by Council from a resident and the following resolution was passed by Council on January 11, 2021: Resolution # 2021-020 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT staff be directed to complete a report (including costing) in regards to moving the styrofoam, plastic bag and cardboard recycling bins to the yard waste side of the Transfer Station. DISCUSSION Staff gained the MECP officer’s opinion as to what would be involved to obtain approval to amend the current Environmental Compliance Approval (ECA) for the Transfer Station in order to relocate the recycling bins. The recycling bins that would be moved are the cardboard bins, plastic film, and the EPS Styrofoam bin. The MECP Officer consulted the MECP’s Environmental Approvals and Permissions Branch (EAPB). The following is a summary of the comments received from the Officer. Page 90 of 239 OPD 21-09 Page 2 of 4 Summary of Comments:  Unsecured site on the Yard Waste Side from 9 am to 5 pm in the winter months and 9 am to 8 pm in the summer months Monday to Friday. The proposed location for the bins would be open the same hours as the Yard Waste area hours, which is unsecure and unmanned during the majority of the hours it is open.  The current Limited Operational Flexibility path in their opinion would not allow such a change. Therefore, an amendment would have to be prepared by the Engineer on file and an application would have to be submitted to approve the change. The Officer has identified a number of concerns that indicate it would be unlikely that the approval would be granted.  Inability to ensure that the waste received is not unauthorized waste if bulky waste can be received unsupervised.  Potential likelihood of spills and debris blowing off site.  Modifications may result in a change to the Emergency Response Plan and incur additional costs to update to satisfy the Fire Department requirements.  Currently, only Town of Tillsonburg residents are permitted to bring this type of waste to the Transfer Station as Staff perform a proof of residency check upon arrival. If this was relocated to the Yard Waste side of the Station where it is not staffed, anyone from any area could bring waste in.  If any spills were to occur without staff there, the spill may have increased costs associated with them. There would be no one to observe and respond to a spill if waste receipt is unsupervised. Any spills that did occur, could potentially result in increased impacts due to the inability for someone to respond in a timely manner.  If residents can deposit waste unsupervised there will be no oversight to inspect, document the type, quantity, source of waste received and refuse it if it is unapproved. Based on the MECP Officer’s comments, Staff investigated what the associated costs would be to have the Engineer on Record modify the ECA to include these changes and to submit the application on the Town’s behalf to the MECP for approval. Those costs are $24,000 and an estimated timeline for the application to be processed is between 4 to 6 weeks. The MECP Officer’s overall comments are of a nature that this would not be a good idea due to the lack of control to manage the waste stream if left open to the public. If the recycling materials are left unmanned, inability to deal with any issues that may arise such as illegal dumping, spills or debris in a timely manner may lead to a non- compliance situation. Additional costs to relocate the bins are one (1) security camera required to be able to monitor the activity at the recycling bins, concrete or asphalt base for the bins to sit on, and a ring road to maintain one-way directional flow. The costs are summarized below in the Financial Impact/Funding Source Section. Page 91 of 239 OPD 21-09 Page 3 of 4 Figure 1. Proposed relocation of recycling bins request. Source: Google Maps. CONSULTATION Staff consulted with the Ministry of Environment, Conservation and Parks to comment on what the process would be from their perspective to meet this request and how that would impact the current site ECA. Staff also consulted with the Consultant that is listed as the Engineer on record for the Transfer Station. FINANCIAL IMPACT/FUNDING SOURCE Summary of the Financial Impacts Description Estimated Cost Comments Modification to the Engineers Report $24,000 Required modifications to amend the Engineer’s report which would need to be submitted by the Engineer on record for the site ECA to the MECP for approval. Concrete or recycled asphalt bin pads $2,000 Prefer to have concrete pads installed to allow for loading and unloading of the bins without the bins digging a hole and creating a safety hazard. Gravel Ring road to be topped with $2,000 Gravel road installation to allow one direction of flow through the site so that Page 92 of 239 OPD 21-09 Page 4 of 4 cycled asphalt residents are not backing up and are not going opposite to the flow of traffic. Security Camera $1,000 Installation of a security camera to monitor the activity at the bins for compliance. Estimated Total $29,000 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 93 of 239 Page 1 of 5 Subject: Kinsmen Pedestrian Bridge Report Number: OPD 21-10 Department: Engineering Submitted by: Shayne Reitsma, P.Eng, Manager of Engineering Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council receives report OPD 21-10 as information; AND THAT Council authorize staff to complete a Schedule C Environmental Assessment study and detailed design of the preferred solution; AND THAT Council give 2022 pre-budget approval for the detailed design project pertaining to the Kinsmen Pedestrian Bridge of $306,000. BACKGROUND As part of the provincially mandated Ontario Structural Inspections (OSIM) the Town completed an enhanced inspection of the Kinsmen pedestrian bridge due to the current state of the bridge and the growing safety concerns provided by staff and Council. The enhanced inspection provided by Vallee Consulting Engineers (Vallee) confirmed that the bridge is in need of repair and that the service life of the bridge is nearing it’s end if no maintenance/repair is completed. DISCUSSION The Kinsmen Bridge is a nine-span steel deck plate girder structure with a southwest - northwest orientation and a substructure that features cut stone masonry block piers and abutments. The bridge was constructed in 1888 to carry GWR CAL railway over Stoney Creek, and was converted to a pedestrian bridge following the abandonment of the railway in the 1990’s. Following the structural report provided by Vallee, the Town contracted ASI Archaeological & Cultural Heritage Services (ASI) to complete a Cultural Heritage Evaluation Report. This was done to determine whether or not Kinsmen Pedestrian Bridge was deemed Historical/Heritage value. The determination of being Historical/ Page 94 of 239 OPD 21-10 Page 2 of 5 Heritage value is significant in terms of construction being that it will limit what can be done to the bridge. ASI’s report used the O. Reg. 9/06: Criteria for Determining Cultural Heritage Value or Interest and Ontario Heritage Act to determine the historical/ heritage value : 1. Is a rare, unique, representative or early example of a style, type, expression, and material or construction method – Yes, based on age and construction. 2. Has direct associations with a theme, event, belief, person, activity, organization, or institution that is significant to a community – Yes, this bridge has direct associations with the theme of railway development in Tillsonburg and the construction of the rail line. This rail line was instrumental in shaping the historical transportation, commerce, and settlement in the local area. 3. Is important in defining, maintaining or supporting the character of an area; - Yes, the Kinsmen Pedestrian Bridge provides access to pedestrians and cycles over Stoney Creek. 4. Is physically, functionally, visually or historically linked to its surroundings; - Yes, The location of the subject bridge has ser ved as a historical bridging point with rail traffic in the Town of Tillsonburg and is physically associated with the GWR CAL railway and GWR Tillsonburg Station. This railway and the station were instrumental in shaping the commercial and transportation development of the area. Given the above responses based on O. Reg. 9/06 the structure is considered to have cultural heritage value. With ASI’s determination that the Kinsmen Bridge has heritage value the Municipal Class Environmental Assessment as part of the Environmental Assessment Act designates this project as a Schedule B or C pending the overall cost of the project being higher or lower than 2.4 million. With Schedule B being the lesser value. As part of the Enhanced OSIM the Town required replace/maintenance options for the Kinsmen bridge which are summarized below: 1. Do Nothing: This option is self-explanatory, but it is important to note that delaying the decision on what to do with this bridge will require consideration of the consequence of doing nothing at this time. To do nothing will not incur short term construction costs, but will require scheduled inspections or an unplanned repairs or closure. Estimated cost $80,000. 2. Close the Bridge This option would require modest work to be done in order to close the bridge to pedestrian traffic, such as approach barriers, signage, etc. It also would Page 95 of 239 OPD 21-10 Page 3 of 5 require consideration of the eventual decision to demolish or replace the structure. Estimated cost $337,500 3. Repair – Wood Deck Replace wood deck and structural supports. Estimated cost $3,300,000 4. Repair – Steel Deck Replace wood deck with steel and structural supports. Estimated cost $3,850,000 5. Replace – Like for Like This is the highest cost option, but it has a long lifespan and truly replaces the heritage railway bridge with a look alike heritage railway bridge. The cost below reflects a replacement railway bridge, ‘Like-for-Like’ as shown in the OSIM report estimates. A new bridge however, is not required to carry train loads any longer, and never will be required to do so. For this reason, a new pedestrian bridge at the same height elevation has also been considered (see below), but this option has been included for comparative purposes. Estimated cost $4,375,000 6. Replace – High elevation pedestrian bridge This option has a high cost but it has the longest lifespan and the greatest functionality. The actual cost of this option may vary significantly depending on the type and style of bridge design chosen. A more modest replacement pedestrian bridge that isn’t required to carry train or traffic loading could be designed and constructed for a much lower cost than a ‘Like -for-Like’ option. Estimated cost $2,250,000 7. Replace – Valley Path This option is the lower cost replacement option. It has a similarly long lifespan as the Like-for-Like or High Elevation replacement but it has reduced functionality due to the required barrier free accessible switchback paths up the embankments. Estimated cost $1,250,000 Each option was considered with the following criteria and given an overall score that can be seen in Table 1. Accessibility & Functionality: /20 How accessible is the option being considered? Does it present additional challenges or does it remove barriers to the path of travel? Lower challenges and barriers to the path of travel result in better functionality and a higher score. Aesthetics & Heritage: /15 Does the option have aesthetic appeal? Is the visual appearance sympathetic to the heritage value of the existing structure? Better visual appeal and lower impacts to heritage aesthetics result in a higher score. Page 96 of 239 OPD 21-10 Page 4 of 5 Durability & Lifespan: /20 Does the option have durable materials that do not require periodic repair and replacement? Assuming that needed repairs and maintenance is carried out, does the option have a short, medium, or long term life expectancy? More durable options that require less maintenance and have a long lifespan result in a higher score. Safety & Liability: /15 It is assumed that regulatory requirements (ie CHBDC, etc.) will be met, but are there hazards that may pose a liability to the Town? Lower risks result in a higher score. Construction Cost: /30 How does the cost of construction compare to the other considered options ? Lower costs result in a higher score. TOTAL: /100 The sum total of all considered categories represent a score out of 100 points. The highest score being the more desirable option using the weighted criteria considered. Table 1- Option Summary OPTIONS COST OVERALL SCORE 1. Do Nothing $80,000 46 2. Close Bridge $337,500 49 3. Rehab – Wood Deck $3,300,000 54 4. Rehab – Steel Deck $3,850,000 73 5. Replace – Like for Like $4,375,000 66 6. Replace – High Elevation bridge $2,250,000 78 7. Replace – Valley Path $1,250,000 71 Based on Vallee’s cost estimates and according to the Municipal Class Environmental Assessment our options are limited to 3, 4 and 5. From Table 1 it can be seen that option 3, 4 and 5 are over the $2.4 million threshold therefore making this a Schedule C project. Based on a Town engineering estimate we will require $306,000 to complete the Schedule C process and provide Council with three conceptual plans and one detailed design. CONSULTATION This report was created in conjunction with ASI and Vallee. Page 97 of 239 OPD 21-10 Page 5 of 5 FINANCIAL IMPACT/FUNDING SOURCE The recommended project fee of $306,000 (net HST included) be funded through 2022 taxation. The Engineering Department will continue to explore potential grant opportunities given the historic structure of the Kinsmen Bridge. 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 98 of 239 Page 1 of 2 Subject: Safe Restart Agreement Phase 2 Funding Agreement Report Number: OPD 21-11 Department: Operations and Development Submitted by: Alex Piggott, Transit Coordinator Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT Council receives report OPD 21-11 Safe Restart Agreement Phase 2 - Funding Agreement as information; AND THAT a By-Law to authorize the Mayor and Clerk to sign the Transfer Payment Agreement for The Safe Restart Agreement, Phase 2 Municipal Transit Funding, be brought forward for Council’s consideration. BACKGROUND To address the anticipated ongoing need for financial support beyond the end of the Safe Restart Agreement (SRA) program on March 31, 2021, the Province has updated the Safe Restart Agreement program and has approved an additional $150 million of provincial funding to support COVID-19 impacts on transit. DISCUSSION Phase 2 funding will flow to municipalities by way of a transfer payment agreement between the Province and municipal recipients, with payments based on a one-time claim for eligible expenditures. This funding is expected to flow in late Spring/early Summer 2021, after the attached transfer payment agreem ent has been executed between the Province and the Town of Tillsonburg along with a completed report and the accompanying Attestation Form submitted to the Ministry of Transportation. For this phase of the Provincial Funding, the Town of Tillsonburg will be eligible to receive an allocation of up to $41,710 to support the COVID-19 municipal transit pressures for Phase 2, incurred from October 1, 2020 to March 31, 2021. Eligible expenditures under Page 99 of 239 OPD 21-11 Page 2 of 2 Phase 2 of the SRA funding program include both COVID-19 related financial pressures (losses) associated with the need to continue to operate with reduced revenue, as well as new expenditures resulting from COVID-19. Staff are monitoring the financial impacts on the transit service such as reduced fares from reduced ridership and the costs to provide enhanced cleaning services for passenger protection. Staff will complete and submit the forms required by the Ministry of Transportation in support of this transfer payment agreement. CONSULTATION The Treasurer is aware of this transfer payment agreement. FINANCIAL IMPACT/FUNDING SOURCE This transfer payment agreement will continue to assist with the costs to provide a safe and essential transit service to the residents of Tillsonburg. 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 – Transfer Payment Letter and Agreement Page 100 of 239 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 December 15, 2020 107-2020-5044 Mayor Stephen Molnar Town of Tillsonburg 10 Lisgar Ave Tillsonburg ON N4G 5A5 Dear Mayor Molnar: Our government is committed to supporting municipal transit, and we will continue to champion the needs of our municipal partners and transit users as we collectively fight against the impacts of the COVID-19 pandemic. Together with our federal partners, the Province is working to help municipalities mitigate the financial impacts of the pandemic on their transit systems through the provision of Safe Restart Agreement (SRA) funding for public transit. This letter is to provide your municipality with an update on funding for Phase 2 of the SRA program. Phase 2 allocations reflect a program envelope of $1.5 billion. The envelope includes Phase 1 funding already provided, Phase 1 top -up funding and Phase 2 funding. This approach better aligns Phase 2 allocations with the fina ncial impacts that were reported through Phase 1 of SRA, while allowing the Province to assist municipalities with higher than anticipated COVID-related impacts. As for Phase 1 of the SRA program, municipal funding allocations under the program will continue to be based on a formula of transit ridership, plus a base amount of $40,000 applied to each total program allocation, to provide meaningful support for municipal transit systems of all sizes. In response to the need to have a confirmed funding commitment in place in order to accrue revenue for the 2020 municipal fiscal year, and in support of this, I am pleased to share that the Town of Tillsonburg (“Recipient”) will be eligible to receive an allocation of up to $36,051 to support your COVID-19 municipal transit pressures for Phase 2, incurred from October 1, 2020 to March 31, 2021 . Payments are to be based on a one-time claim for eligible expenditures. …/4 Page 101 of 239 -2- Additionally, the Province has set aside $500 million in funding to be available for additional municipal transit needs. I am pleased to share that the Town of Tillsonburg (“Recipient”) will be eligible to receive an allocation of up to $5,659 to address additional pressures based on ridership. Please note as part of the Phase 1 reporting submission, the Town of Tillsonburg forecasted a financial impact from COVID-19 in the amount of $12,731 for the period of October to December 2020, and the amount of $16,853 for the period of January to March 2021. For budgeting purposes, the total available allocation of up to $41,710 for the Town of Tillsonburg can be used to address eligible expenses incurred from October 1, 2020 to December 31, 2020, and those incurred from January 1, 2021. This accounts for the entirety of the Phase 2 public transit stream of the SRA. Eligible Expenditures Like Phase 1, eligible expenditures under Phase 2 of the SRA funding program include both COVID-19 related financial pressures (losses) associated with the need to continue to operate with reduced revenue, as well as new expenditures resulting from COVID-19. The losses and new expenditures will have to be incurred on or after October 1, 2020 and on or before March 31, 2021 , and the new expenditures will have to be paid prior to having submitted to the Province for payment through your municipality’s Phase 2 reporting submission. For the categories below, your municipality will also have to consider savings associated with COVID-19 (e.g., reduced service levels, lower maintenance costs, etc.) as these savings will need to be included as part of your municipality’s Phase 2 reporting submission. The Province will only provide funding for net municipal expenditures (i.e., net COVID-related financial impacts above budgeted 2020 expenditures). The SRA funding is not to replace the budgeted subsidy that the municipality provides to transit operations. Reported revenue and expense impacts include those changes (increases/decreases) resulting from COVID-19, measured versus projected figures from your municipal transit system’s 2020 operating budget. Please note that this also applies to eligible expenditures incurred between January 1 and March 31, 2021, for which period municipalities can use their January to March 2020 operating budgets as a baseline for establishing COVID-related impacts. …/4 Page 102 of 239 -3- Eligible expenditures will include, at the Province’s sole discretion, the following: a. Revenue Losses: • farebox revenue losses; • advertising revenue losses; • parking revenue losses; • contract revenue losses; and • any other revenue loss the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. b. Operating Costs: • costs associated with vehicle cleaning, except for those for which MTEC funds have been provided or claimed; • costs associated with changes in fuel consumption (e.g., increases due to running additional buses or savings in consumption relating to lower service levels than budgeted, or both); • costs associated with vehicle maintenance; • costs associated with transit facilities; • costs resulting from existing contracts with expanded scope/new contracts; • employee related costs (i.e., salaries, wages, benefits); • costs for employee personal protection equipment (e.g., face masks, gloves, sanitizer); • costs for signage and other means of communications related to COVID-19 pandemic (e.g., social distance guidance); and • any other operating cost the Recipient incurred as a result of the COVID -19 pandemic that, in the opinion of the Province, is considered eligible. c. Capital Costs: • costs associated with installing driver protection barriers and other protection measures for transit drivers; • costs associated with providing passenger protection equipment and other passenger safety measures; and • any other capital cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible . The following are the steps and actions the municipality will be required to undertake to receive SRA Phase 2 funding: 1. Confirmation of interest in seeking SRA Phase 2 funding • If your municipality is interested in seeking SRA Phase 2 funding, please complete the attached Request for Recipient Information Form and send it back via email to the SRA funding program email account (MTO-COVID_Transit_Funding@ontario.ca) as soon as possible. …/4 Page 103 of 239 -4- 2. Execution of the TPA • MTO will prepare the TPA and send it to your municipality for execution by the municipality’s authorized representatives prior to Provincial execution of the TPA. • This process will be carried out electronically and, once fully executed, an electronic version of the TPA will be provided to your municipality. 3. Provision of an authorizing by-law and, if applicable, resolution(s) • Prior to the Province signing the TPA, the municipality will be required to provide MTO with a copy of the by-law(s) and, if applicable, resolution(s) authorizing the municipality to enter into the TPA with the Province. • This requirement must be fulfilled prior to the Ministry providing funding to the municipality. 4. Provision of Phase 2 financial reporting • The municipality will be required to provide a report for the eligible expenditures incurred during the Phase 2 eligibility period. The deadline for submitting Phase 2 financial reporting will be set out in the TPA. • Once received, MTO will review the report and may initiate the payment of SRA Phase 2 funding. All communications for the above noted steps, as well as any questions or concerns, should be addressed to the SRA funding program email account: MTO-COVID_Transit_Funding@ontario.ca Should you not wish to receive SRA Phase 2 funding, we ask that you please advise us by return email to the address above. I look forward to working with you as we proceed together with the execution of a TPA in support of addressing COVID-19 related financial impacts on municipal public transit. Sincerely, Caroline Mulroney Minister of Transportation Page 104 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA TRANSFER PAYMENT AGREEMENT FOR THE SAFE RESTART AGREEMENT (SRA) – PHASE 2 MUNICIPAL TRANSIT FUNDING THIS TRANSFER PAYMENT AGREEMENT for the Safe Restart Agreement (SRA) – Phase 2 Municipal Transit Funding (the “Agreement”) is effective as of the Effective Date. B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - Corporation of the Town of Tillsonburg (the “Recipient”) BACKGROUND: The Government of Canada (“Canada”) announced, on July 16, 2020, $1 billion in federal funding under the Safe Restart Agreement (SRA) to support Ontario municipal transit systems with COVID-19 pandemic related financial pressures in order to help the province restart the economy, while making Canada more resilient to possible future waves of the COVID-19 pandemic. Under the SRA, the Province of Ontario has agreed to provide up to $1 billion to cost- match the federal funding for a total of up to $2 billion in funding to support Ontario municipal transit systems with COVID-19 pandemic related financial pressures. The Province has provided SRA funding to the Recipient in September 2020 (Phase 1) and will provide the remainder of the Recipient’s allocated SRA funding in Phase 2. The funding for Phase 1 was intended to offer the Recipient immediate assistance towards additional municipal transit expenses the Recipient incurred, as a result of the COVID-19 pandemic, on or after April 1, 2020 and on or before September 30, 2020. The funding for Phase 2, which will be provided to the Recipient in accordance with the terms and conditions set out in the Agreement, is intended to provide the Recipient with assistance for the Financial Impacts (as defined in section 1.2 (Definitions)) the Recipient has incurred during the Eligibility Period (as defined in section A1.2 (Definitions)). Page 105 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 2 of 35 CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules and Sub-schedule to the Agreement. The following schedules and sub-schedule form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Contact Information and Authorized Representatives Schedule “C” - Eligible Expenditures and Ineligible Expenditures Schedule “D” - Claim and Attestation Submission, Supporting Documentation and Payment Procedures Sub-schedule “D.1” - Claim and Attestation Form. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; or (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.2 Electronic Execution and Delivery of Agreement. (a) The Agreement may: Page 106 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 3 of 35 (i) be executed and delivered by scanning the manually signed Agreement as a PDF and delivering it by email to the other Party; or (ii) subject to the Province’s prior written consent, be executed and delivered electronically to the other Party. (b) The respective electronic signature of the Parties is the legal equivalent of a manual signature. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreement. An amending agreement for changes to the Agreement may be duly executed by the representatives of the Parties listed on the signature page below or in Schedule “B” (Contact Information and Authorized Representatives). 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient with the Financial Impacts of the COVID-19 pandemic on the Recipient’s transit system and not to provide goods or services to the Province; (b) the Province is not responsible for the Recipient’s transit system, including any Financial Impact; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Recipient’s transit system, any Financial Impact or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Recipient’s transit system, any Financial Impact or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 107 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 4 of 35 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario _________________ ____________________________________ Date Name: Caroline Mulroney Title: Minister CORPORATION OF THE TOWN OF TILLSONBURG _________________ ____________________________________ Date Name: Stephen B. Molnar Title: Mayor I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Michelle Smibert Title: Clerk I have authority to bind the Recipient. Page 108 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 5 of 35 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement, entered into between the Province and the Recipient, all of the schedules and the sub-schedule listed in section 1.1 (Schedules and Sub-schedule to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Recipient’s transit system, any Financial Impact, or the Agreement. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials in respect of the Agreement. Page 109 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 6 of 35 “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the costs of the Financial Impacts that are eligible for funding by the Province under the Agreement, and that are further described in section C2.1 (Scope of Eligible Expenditures). “Eligibility Period” means the period starting on or after October 1, 2020 and ending on or before March 31, 2021. “Event of Default” has the meaning ascribed to it in section A12.1 (Events of Default). “Expiry Date” means March 31, 2022. “Financial Impacts” means the net revenue losses and additional net operating and capital costs the Recipient has incurred in respect of the Recipient’s municipal transit system as a result of the COVID-19 pandemic. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Ineligible Expenditures” means the costs that are ineligible for funding by the Province under the Agreement, and that are further described in section C3.1 (Scope of Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Recipient’s transit system, any Financial Impact or with any other part of the Agreement. “Low-performing Route” means any bus route deemed by a Recipient as not meeting service objectives or where service has been reduced or cancelled for not meeting service objectives. “Maximum Funds” means $36,051. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4 (Recipient not Remedying). Page 110 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 7 of 35 “On-demand Microtransit” means small scale, flexible transportation services where rides are ordered on-demand. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Recipient’s transit system, any Financial Impact or with any other part of the Agreement. “Records Review” means any assessment the Province conducts pursuant to section A7.4 (Records Review). “Reports” means the reports described in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. “SRA Phase 1 Contribution” means the funding for the SRA Phase 1 the Province provided to the Recipient in September 2020 and that is further described in the 4th paragraph of the Background to the Agreement. A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it has, and will continue to have, the experience and expertise necessary to operate its transit system; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Recipient’s transit system, Financial Impacts, and the Funds; (c) if Funds are used for acquired goods or services, or both, these were acquired in compliance with the Recipient’s policies and procedures and, to the extent possible under the COVID-19 pandemic unprecedented times, through a process that promotes the best value for the money; (d) it is in compliance with the insurance requirements set out in section A10.1 (Recipient’s Insurance); and Page 111 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 8 of 35 (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds including, without limitation, information relating to any eligibility requirements, the Recipient’s transit system, any Financial Impact and related timelines was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage the Funds prudently and effectively; (b) procedures to address any identified risks to the Recipient’s ability to claim Eligible Expenditures within the Eligibility Period, all in a timely manner; (c) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0 (Reporting, Accounting and Review); and (d) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice) or Article A12.0 (Event of Default, Corrective Action, and Termination for Default). Page 112 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 9 of 35 A4.0 FUNDS A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for Eligible Expenditures; (b) provide the Funds to the Recipient in accordance with the payment procedures in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided): (a) in addition to any other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide any Funds to the Recipient unless the Recipient fulfils the special conditions listed in section A27.1 (Special Conditions); (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of one or more of the following events: (i) of the information the Recipient provides to the Province pursuant to section A7.2 (Preparation and Submission); and (ii) the SRA Phase 1 Contribution funding provided to the Recipient exceeds the additional municipal transit expenses the Recipient incurred, as a result of the COVID-19 pandemic, on or after April 1, 2020 and on or before September 30, 2020. A4.3 Use of Funds. The Recipient will do all of the following: (a) spend the Funds only on Eligible Expenditures; and (b) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. Page 113 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 10 of 35 A4.4 SRA Phase 1 Contribution, Rebates, Credits and Refunds. The Province will calculate Funds based on the actual losses or costs to the Recipient for the Financial Impacts, less any actual losses or costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, SRA Phase 1 Contribution, a rebate, credit or refund. A4.5 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A5.0 RECIPIENT’S DISPOSAL OF ASSETS A5.1 Disposal. The Recipient will not, without the Province’s prior written consent and prior to the Expiry Date or earlier termination of the Agreement, sell, lease, or otherwise dispose of any asset purchased or created with the Funds. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient represents and warrants that there is and there will continue to be no conflict of interest in respect of any Eligible Expenditures claimed under the Agreement or the Financial Impacts and that the Recipient will use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient; or (a) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Eligible Expenditures claimed under the Agreement, the Financial Impacts or the use of the Funds. Page 114 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 11 of 35 A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (a) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4 (Records Review), A7.5 (Inspection and Removal) and A7.6 (Cooperation), “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles in effect in Canada or with the public sector accounting standards approved or recommended by the Public Sector Accounting Board including, without limitation, its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement or Financial Impacts; and Page 115 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 12 of 35 (b) all non-financial records and documents relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement or Financial Impacts. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; and (b) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3 (Record Maintenance); and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents including, without limitation, paid invoices and original receipts, wherever they are located; (b) assisting the Province in copying records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). Page 116 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 13 of 35 A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Agreement-related publications whether written, oral or visual: (a) acknowledge the support of the Province for the Funds provided under the Agreement; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A8.2 Request from the Province in Respect of Communications Activities. The Recipient will, upon Notice from the Province, provide the Province with any information the Province may request in respect of any Communications Activities. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient is responsible for its own insurance and has been carrying, at its own costs and expense, and requiring the same from its subcontractors, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Indemnified Parties and support the Recipient’s indemnification set out in section A9.1 (Indemnification). For greater certainty, the Recipient is not covered by the Province of Ontario's insurance program and no protection will be afforded to the Recipient by the Government of Ontario for any Loss or Proceeding that may arise out of the Financial Impacts or the Agreement. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. Page 117 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 14 of 35 A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement including, without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) use or spend any of the Funds or related interest for a purpose other than that contemplated under the Agreement without the prior written consent of the Province; or (b) provide, in accordance with section A7.2 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A7.2(b). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) provide the Recipient with an opportunity to remedy the Event of Default; (b) suspend the payment of Funds for such period as the Province determines appropriate; (c) reduce the amount of the Funds; (d) cancel all further instalments of Funds; (e) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (f) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; Page 118 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 15 of 35 (g) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (h) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with paragraph A12.2(a), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A12.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A12.2(a), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i). A12.5 When Termination Effective. Termination under this Article A12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A13.0 FUNDS UPON EXPIRY A13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds and SRA Phase 1 Contribution and related interest remaining in its possession or under its control. Page 119 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 16 of 35 A14.0 DEBT DUE AND PAYMENT A14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or SRA Phase 1 Contribution, or an amount equal to any Funds or SRA Phase 1 Contribution to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A14.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B” (Contact Information and Authorized Representatives). A14.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A15.0 NOTICE A15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; Page 120 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 17 of 35 (b) delivered by email, postage-prepaid mail, personal delivery or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Contact Information and Authorized Representatives), or as either Party later designates to the other by Notice. A15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; and (b) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A15.3 Postal Disruption. Despite paragraph A15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or courier. A16.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A16.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A17.0 SEVERABILITY OF PROVISIONS A17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A18.0 WAIVER A18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. Page 121 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 18 of 35 A18.2 Waiver Applies. If in response to a request made pursuant to section A18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A19.0 INDEPENDENT PARTIES A19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A21.0 GOVERNING LAW A21.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A22.0 FURTHER ASSURANCES A22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and Page 122 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 19 of 35 (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A23.0 JOINT AND SEVERAL LIABILITY A23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A24.0 RIGHTS AND REMEDIES CUMULATIVE A24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. Page 123 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 20 of 35 A26.0 SURVIVAL A26.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0 (Entire Agreement), paragraph 3.2(b), Articles 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgment), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph A2.1(a), sections A4.4 (SRA Phase 1 Contribution, Rebates, Credits and Refunds), A5.1 (Disposal), A7.1 (Province Includes), A7.2 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.3 (Record Maintenance), A7.4 (Records Review), A7.5 (Inspection and Removal), A7.6 (Cooperation), A7.7 (No Control of Records), A7.8 (Auditor General), Articles A8.0 (Communications Requirements) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province) and A12.1 (Events of Default), paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i), Articles A13.0 (Funds Upon Expiry), A14.0 (Debt Due and Payment), A15.0 (Notice) and A17.0 (Severability of Provisions), section A20.2 (Agreement Binding), Articles A21.0 (Governing Law), A23.0 (Joint and Several Liability), and A24.0 (Rights and Remedies Cumulative), and this Article A26.0 (Survival). A27.0 SPECIAL CONDITIONS A27.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient providing the Province with: (i) a copy of the by-law(s) and, if applicable, any council resolution(s) authorizing the execution of the Agreement by the Recipient; (ii) the necessary information, including a void cheque or a blank letter, to facilitate an electronic transfer to an interest-bearing account in the name of the Recipient at a Canadian financial institution; and (iii) the reporting form required for Phase 1 with the details on the use of the SRA Phase 1 Contribution and a forecast of Eligible Expenditures for the Eligibility Period; and (b) the Recipient, together with its claim for payment and to promote ridership growth and transit sustainability objectives, providing the Province with an attestation that the Recipient: Page 124 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 21 of 35 (i) has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items; (ii) has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve Low-performing Routes or cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews; (iii) has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient; (iv) has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience; and (v) has requested in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. For greater certainty, if the Province provides any Funds to the Recipient prior to any of the conditions set out in this Article A27.0 (Special Conditions) having been met, and has not otherwise waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A12.4 (Recipient Not Remedying). - END OF GENERAL TERMS AND CONDITIONS - Page 125 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 22 of 35 SCHEDULE “B” CONTACT INFORMATION AND AUTHORIZED REPRESENTATIVES Contact information for the purposes of Notice to the Province Address: Strategic Investments Office Ministry of Transportation 777 Bay, 30th Floor Toronto, ON M7A 2J8 Attention: Kevin Dowling, Manager, Strategic Investments Office Phone: (416) 859-7912 Email: kevin.dowling@ontario.ca Contact information for the purposes of Notice to the Recipient Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Michelle Smibert, Clerk Phone: (519) 688-3009 x4040 Email: msmibert@tillsonburg.ca Contact information for the senior financial official in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province in respect of the Agreement Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Sheena Pawliwec, Director of Finance/Treasurer Phone: (519) 688-3009 x4011 Email: spawliwec@tillsonburg.ca Authorized representative of the Province for the purpose of section 4.2 (Execution of Amending Agreements) Position: Director, Municipal Programs Branch, Ministry of Transportation Authorized representative of the Recipient for the purpose of section 4.2 (Execution of Amending Agreements) Position: Clerk Page 126 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 23 of 35 SCHEDULE “C” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES C1.0 Definitions. In this Schedule “C” (Eligible Expenditures and Ineligible Expenditures), the following terms will have the following meanings: “MTEC” means the Municipal Transit Enhanced Cleaning (MTEC) funding provided to Ontario municipalities for costs incurred related to the enhanced cleaning of transit vehicles and any other public and non-public facing transit assets resulting from the COVID-19 pandemic. “Operating Budget” means the Recipient’s 2020 operating budget which has been prepared and adopted by the Recipient as required by section 290(1) of the Municipal Act, 2001. C2.0 ELIGIBLE EXPENDITURES C2.1 Scope of Eligible Expenditures. Eligible Expenditures include, at the Province’s sole discretion, the following Financial Impacts incurred during the Eligibility Period: Revenue Losses (a) The following revenue losses measured against the Operating Budget (i.e., (revenue amount in the Operating Budget minus the actual revenue amount during the Eligibility Period) minus the non-COVID-19 pandemic revenue amount = the eligible revenue loss amount), that, in the opinion of the Province, the Recipient properly and reasonably incurred as a result of the COVID-19 pandemic will be considered Eligible Expenditures: (i) farebox revenue losses; (ii) advertising revenue losses; (iii) parking revenue losses; (iv) contract revenue losses; and (v) any other revenue loss the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Page 127 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 24 of 35 Operating Costs (b) The following operating costs measured against the Operating Budget (i.e., (operating costs amount in the Operating Budget minus the actual operating costs amount during the Eligibility Period) minus the non-COVID-19 pandemic operating costs amount = the eligible operating costs amount) that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic will be considered Eligible Expenditures: (i) costs associated with vehicle cleaning, except for those for which MTEC funds have been provided or claimed; (ii) costs associated with changes in fuel consumption (e.g., increases due to running additional buses or savings in consumption relating to lower service levels than budgeted, or both); (iii) costs associated with vehicle maintenance; (iv) costs associated with transit facilities; (v) costs resulting from existing contracts with expanded scope/new contracts; (vi) employee related costs (i.e., salaries, wages, benefits); (vii) costs for employee personal protection equipment (e.g., face masks, gloves, sanitizer); (viii) costs for signage and other means of communications related to the COVID-19 pandemic (e.g., social distance guidance); and (ix) any other operating cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Capital Costs (c) The following capital costs that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic, will be considered Eligible Expenditures: (i) costs associated with installing driver protection barriers and other protection measures for transit drivers; (ii) costs associated with providing passenger protection equipment and other passenger safety measures; and Page 128 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 25 of 35 (iii) any other capital cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. C3.0 INELIGIBLE EXPENDITURES C3.1 Scope of Ineligible Expenditures. Unless a cost or a loss is considered an Eligible Expenditure pursuant to section C2.1 (Scope of Eligible Expenditures), such cost or loss will be considered an Ineligible Expenditure. Without limitation, the following costs and loss will be considered Ineligible Expenditures: (a) costs incurred outside of the Eligibility Period; (b) costs not paid prior to having been submitted to the Province for payment; (c) Recipient’s staff, including permanent and seasonal, salaries and travel costs unless otherwise indicated in paragraph (b)(vi) of section C2.1 (Scope of Eligible Expenditures); (d) legal, audit, or interest fees; (e) costs for which MTEC funds have been provided or claimed; (f) any operating or capital cost that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred or paid, or both, during the Eligibility Period and as a result of the COVID-19 pandemic (i.e., excess purchases or stockpiling); (g) any loss that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred during the Eligibility Period and as a result of the COVID-19 pandemic; (h) refundable Harmonized Sales Tax or other refundable expenses; and (i) any other cost which is not specifically listed as an Eligible Expenditure under section C2.1 (Scope of Eligible Expenditure) and which, in the opinion of the Province, is considered ineligible. Page 129 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 26 of 35 SCHEDULE “D” CLAIM AND ATTESTATION SUBMISSION, SUPPORTING DOCUMENTATION AND PAYMENT PROCEDURES D1.0 CLAIM AND ATTESTATION D1.1 Claim and Attestation from the Recipient’s Senior Financial Official. The Recipient will use the form in Sub-schedule “D.1” (Claim and Attestation Form) for the submission of its claim for payment. D2.0 SUPPORTING DOCUMENTATION D2.1 Report on Expenditures and Additional Report and Information. The Recipient will, together with the claim form described in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official), submit the following supporting documentation with its claim for payment: (a) a report on expenditures using the form in Appendix A (Form of Report on Expenditures) to Sub-schedule “D.1” (Claim and Attestation Form); and (b) any additional reports or information, or both, the Province may request at its sole discretion and in a form provided by the Province. D3.0 PAYMENT PROCEDURES D3.1 Submission of Claim for Payment and Required Documentation. The Recipient will submit its claim for payment, together with the supporting documentation set out in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official) and section D2.1 (Report on Expenditures and Additional Report and Information) on or before May 31, 2021, or at a later date upon Notice from the representative of the Province on the signature page above or in Schedule “B” (Contact Information and Authorized Representatives). D3.2 Claim Payments. Subject to the terms and conditions set out in the Agreement and if due and owing under the Agreement, the Province will use its reasonable efforts to make the payment to the Recipient for the claim submitted pursuant to section D3.1 (Submission of Claim for Payment and Required Documentation) in a timely manner. D3.3 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in section D3.2 (Claim Payments). Page 130 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 27 of 35 D3.4 No Obligation to Pay. For greater clarity and without limitation to any other right of the Province, the Province will have no obligation to pay a claim if it does not meet the terms and conditions of the Agreement including, without limitation, if the claim is missing any of the required supporting documentation or is submitted after May 31, 2021, or at a later date upon Notice from the representative of the Province on the signature page above or in Schedule “B” (Contact Information and Authorized Representatives), or both. Page 131 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 28 of 35 SUB-SCHEDULE “D.1” CLAIM AND ATTESTATION FORM TO: Ministry of Transportation Transportation Programs Office Attention: Manager, Transportation Programs Office Email: MTO-COVID_Transit_Funding@ontario.ca FROM: [Insert name of Recipient] Attention: [insert name and title of Recipient senior official] Telephone No.: [insert telephone number of Recipient senior official] RE: Safe Restart Agreement – Phase 2 Municipal Transit Funding In the matter of the Safe Restart Agreement (SRA) – Phase 2 Municipal Transit Funding entered into between Her Majesty the Queen in right of Ontario, represented by the Minister of Transportation for the Province of Ontario, and the [insert the legal name of the Recipient] (the “Recipient”), on ____________, _____ (the “Agreement). I, ____________________ [insert the name and title of the Recipient’s senior official], an authorized representative of the Recipient, having made such inquiries as I have deemed necessary for this attestation, hereby certify that to the best of my knowledge, information and belief. On the date set out below: 1) all representations and warranties contained in Article A2.0 (Representations, Warranties, and Covenants) of Schedule “A” (General Terms and Conditions) to the Agreement are true and correct. 2) the Recipient is in compliance with all the terms and conditions of the Agreement.; 3) the information in respect of the Eligible Expenditures that is contained in the attached Appendix A (Report on Expenditures) is true and correct. 4) the Eligible Expenditures claimed in the attached Appendix A (Report on Expenditures) have: (a) in respect of the losses, been incurred during the Eligibility Period; Page 132 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 29 of 35 (b) in respect of the operating and capital costs, been incurred during the Eligibility Period; (c) have only been expended on Financial Impacts as defined in section A1.2 (Definitions) of the Agreement; (d) have not been and will not be funded or reimbursed through any other funding program; and (e) have not replaced the budgeted subsidy that the Recipient provides to transit operations. 5) the Recipient has not received and will not receive SRA Phase 1 Contribution, a rebate, credit or refund for any Eligible Expenditures claimed or, if it did, those were deducted from the Eligible Expenditures claimed. 6) the Recipient is in compliance with all of the reporting requirements of the Agreement. 7) the Recipient: (a) has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items; (b) has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve Low-performing Routes, cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews; (c) has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient; (d) has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience; and (e) has requested, in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. Page 133 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 30 of 35 By signing below, I hereby claim payment in the amount of $ _________, on behalf of the Recipient, on account of the Province’s contribution towards the Eligible Expenditures of the Agreement. Declared at ____________ (city), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ Name: Title: I have authority to bind the Recipient. Page 134 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA APPENDIX A FORM OF REPORT ON EXPENDITURES TO SUB-SCHEDULE “D.1” (CLAIM AND ATTESTATION FORM) Safe Restart Agreement (SRA) Phase 2 Municipal Transit Funding Expenditure Report for the Eligibility Period Date: Recipient's Name: Total Funds Allocated: Total Funds Claimed: Remaining Allocation: Page 135 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 32 of 35 See Schedule "C" (Eligible Expenditures & Ineligible Expenditures, including Articles C2.0 (Eligible Expenditures) & C 3.0 (Ineligible Expenditures) for details on Eligible Expenditures & Ineligible Expenditures October 2020 November 2020 December 2020 January 2021 February 2021 March 2021 [Note: If the Eligibility Period is extended pursuant to section 1.2 (Definitions) of the Agreement, add a new column for each additional month] Total Revenue Losses Farebox Advertising Parking Contracts (e.g., school) Other Revenue1 Operating Costs Vehicle Cleaning2 Changes in Fuel Consumption Vehicle Maintenance Transit Facilities Existing Contracts with Expanding Scope/New Contracts Employee Employee PPE Page 136 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 33 of 35 Communicatio ns Other Operating Costs3 Capital Costs Driver Protection Passenger Protection Other Capital Costs 4 Net Monthly Impact - Pressure/(Savings): Cumulative Impact - Pressure/(Savings): 1Other revenue impacts beyond those listed above 2Cleaning costs beyond costs reimbursed through Municipal Transit Enhancement Cleaning funding 3Additional COVID related operating costs beyond those listed above 4See workbook tab and/or comments for details The Recipient attests to the following conditions from the drop-down menu, as outlined in Schedule A (General Terms and Conditions), paragraph 27.1(b) of the Transfer Payment Agreement, Condition Select Has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items. Has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve low-performing, cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews. Page 137 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 34 of 35 Has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient. Has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience. Has requested, in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. Results Achieved with Provincial Funding: Additional Comments: Conclusion: Page 138 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 35 of 35 Recommended for payment: Date: [insert/print the name and title of the Recipient’s authorized representative] Recommended for payment: Date: [insert/print the name of the Director] Director, Ministry of Transportation Page 139 of 239 Page 1 of 13 Subject: RCP Departmental Service Review Update – March 2021 Report Number: RCP 21-07 Department: Director of Recreation, Culture and Parks Submitted by: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT report RCP 21-07 RCP Departmental Service Review Update – March 2021, be received as information; BACKGROUND The Town of Tillsonburg engaged The Clarico Group Inc. to undertake a Departmental Service Review of the Recreation, Culture & Parks Department which was completed in April 2020. A subsequent Staff Report was presented to Council on June 22, 2020 which outlined 74 recommendations which spanned the RCP portfolio including; the Cemetery, Facilities, Recreation, Museum and Park Operations. DISCUSSION Staff are pleased to present the attached update outlining the status of the 74 recommendations previously presented to Council as an update in October 2020. As of March 1, 2021, the status of the original 74 recommendations are as follows: Tasks Number Percentage Completed 40 54 In Progress 11 15 To Be Reviewed 17 23 Not Recommended 6 8 Total 74 100 Page 140 of 239 RCP 21-07 Page 2 of 13 Recommendations PARKS P1. Review the Town’s portfolio of outdoor sports facilities and take steps to increase the proportion used for sports that require less field grooming. Comment: Complete - This is being promoted however still subject to the requested needs of sports field users. P2. Consider using more seasonal employees. Comment: Complete. This is now normal practice to complement full-time core employees. Staff continue to identify opportunities to contract third party services as well as bring certain services in-house when there is an economic and operational advantage. P3. Consider modifying the ‘normal’ baseball field grooming standards to allow for longer grass. Comment: - Not recommended due to liability and increased possibility of Participant injury. P4. Encourage the use of on-line, email, and cell phone apps for registering citizen concerns or issues as service requests. Comment: Complete. Customer Service protocols, MESH and PerfectMind Booking System. Working with CAO/Corporate services regarding Citizen Portal app. P5. Set priority-driven response times for issues such as responding to reported hazards and deficiencies, and prioritize work based on these priorities. Comments: Complete. See P-4 above P6. Use technology to provide helpful, accurate-right-now information to citizens and users. Best practices include social media platforms. Comment: Complete. Recreation Guide online and Communications Team providing immediate releases across all supported social network platforms. P7. Fill the vacant Parks Supervisor position. RCP has been operating without a Parks Supervisor for months, requiring the Parks and Facilities Manager to address daily urgencies. Comment: Complete. The position was filled permanently during summer 2020. Page 141 of 239 RCP 21-07 Page 3 of 13 P8. Periodically review where and how outside service providers are used. Comment: Complete. Incorporated into Annual Business Plans and municipal best practices. P9. Relocate the report-to-work and equipment storage area from the cemetery to a more central location. The objective would be to reclaim the “Cattle Barn” which, by all accounts, would be a suitable new home for Parks Operations. Comment: RCP Staff continue to evaluate options for improving efficiency and effectiveness of our operations base. This will be an ongoing review and any cost implications would be included in future years Capital Budget. P10. Revisit the Bag Tag program to determine its effectiveness considering the extra work required by Parks personnel to retrieve residential garbage from public can s. Comment: Complete - the Bag Tag program is beyond the scope of RCP operations. Staff will continue to manage the current situation and may make recommendations at a future time. P11. Continue to assess cameras, lighting, and waste bin design and location modifications to limit misuse of park garbage bins. Comment: Ongoing - Park waste receptacles to have lids to discourage disposal of residential household waste in problem areas. Solar LED Lighting pilot projects underway. New Security Camera Systems being deployed at various Town Facilities over the next 5 years. P12. If the Town does not have any plans to recycle, then remove the blue boxes from the Town managed garbage areas. Comments: Complete. Cross contamination from waste in the recycling stream makes this initiative impractical at this time. P13. Reassess the Town’s participation in providing a safe and functional toboggan hill annually to clarify and manage the associated legal and financial risks. Comments: Complete. Bridges Golf Course provides the facility for tobogganing and the Parks staff maintains it during winter season, with the Town providing liability insurance coverage. P14. Develop a database of park trees to enable better tracking of non-urgent repairs for grouping when crews are sent. Comments: The new Tree Canopy Preservation Plan will be implemented in Q2. Funding was approved in the 2021 Operating Budget and will form part of the RCP annual base budget. This will include Policy review and development, proactive Page 142 of 239 RCP 21-07 Page 4 of 13 maintenance, increased tree planting in new subdivisions and public parks and trail corridors. Tree Inventory to be mapped with GPS to better manage and care for Town- owned trees. This tool will help staff annually map efforts that support expanding the tree canopy and urban forest health of public trees. P15. Measure park and cemetery tree canopy percentage, and make plans to manage it and look for opportunities to increase canopy cover where this can be done without undue reduction in accessibility, safety, and other recreational uses. Comments: Complete Q2 and ongoing. See P14. Above. P16. Consider the extent to which flowerbeds should be maintained using Town staff. Comments: Complete and ongoing review in partnership with the BIA and Horticultural Society. P17. Consider reducing the number of flower beds in parkettes in locations where this would have little impact on the Beautification initiative. Comments: See P16. Above. P18. Consider modifying some flowerbeds to lower-maintenance perennials. Comments: See P16. Above. P19. Investigate installing automated watering systems to reduce the labour associated with flowerbed watering. Comments: See P16. Above. P20. Continue to move forward with initiatives that enhance sports field drainage, particularly as precipitation volume and timing is affected by climate change. Comments: See P16. Above. P21. Consider using cameras and fines to discourage citizens from using sports fields before the ground has dried sufficiently. Comments: Not recommended. From a cost effectiveness perspective this will not be considered at this time. P22. Consider a lighting plan for poorly-lit Town properties to try and reduce Graffiti and vandalism. Comments: Solar technologies will be tested in pilot projects in 2021 for consideration in future budgets. Page 143 of 239 RCP 21-07 Page 5 of 13 P23. Consider reducing the frequency of sports field grass cutting in order to reduce the use of labour and fuel. Comment: User Groups and Staff do not support reduced maintenance standards at this time. This can result in more work and increased possibility of participant injury. Also see P3 Above. P24. Continue to explore potential to light more baseball diamonds and other outdoor sports facilities, to enable increased utilization particularly in the early fall. Comments: To be reviewed in 2022 for consideration in future budgets. P25. Consider charging for access to the tennis/pickleball courts. Comments: To be reviewed in 2021 for consideration in 2022 User Fee Update. P26. Consider charging daily and/or seasonal use fees for parking at trail heads and in parking lots. Comments: Not recommended. From a cost/benefit perspective the associated costs will be too excessive for the revenue potential. P27. Consider initiating a trail sponsorship program where merchants or others can contribute and be acknowledged. Comment: Complete and Ongoing. The Town already has excellent partnerships and sponsorships. These will continue to be encouraged and promoted as a means of maintaining sustainable User Fees and operating costs. P28. Consider holding Trail Enhancement Days with participation of trail users. Comment: Complete. Staff will work with the Parks, Beautification and Cemeteries Advisory Committee to develop and promote an annual event. P29. Consider requiring subdivision developers to submit independent studies and plans for new parkland prepared by Certified Landscape Architects. Comment: Complete. Tillsonburg’s new development process and design guidelines require qualified Landscape Architects be funded and engaged by Developer/Builders to design all new Subdivision Parkettes and Trail connection opportunities. P30. Update Tillsonburg‘s 2011 Community Parks -Recreation & Cultural Strategic Master Plan. Comment: Funding will be put forward in the 2022 – 2025 Capital Budgets to undertake updates to Tillsonburg’s Recreation, Culture & Parks Strategic Master Plans. Page 144 of 239 RCP 21-07 Page 6 of 13 Cemetery C1. Charge higher rates to non-residents than to residents of Tillsonburg. Comment: Not recommended. This will create a two-tiered fee structure that will unfairly affect a former resident of Tillsonburg, residing elsewhere, wishing to be interred in the Tillsonburg Cemetery. It is recommended that all rates be reviewed annually and set at appropriate levels to ensure the future sustainability of the Cemetery. The Cemetery should be accessible to all with a standardized fee. C2. Improve access for the public to search cemetery records and find grave locations online. Comments: In Progress. New Stone Orchard software upgrades with GIS Mapping will be developed over 2022 to 2024 for the suggested purpose. See C4. C3. Develop a single ‘prime’ electronic calendar with automated updating for clients at the reception centre. Comments: See C4. C4. Scale back office hours to give the Cemetery Registrar more uninterrupted time to deal with reporting and to allow more real time support to the Parks and Cemetery team. Comments: Not recommended. Scaling back the office hours would be contrary to the effectiveness of the position and the current demands on the Registrar. Council has approved the position moving from 25 hours per week to 40 hours per week. This will greatly improve service to our Clients as well as to the Parks & Cemetery Team as inquiries are increasing significantly. C5. Upgrade the Cemetery reception centre to provide a more functional office workspace with a “Quiet Room” for visitors. Comments: Complete Q3. Funding was approved in the 2021 Capital Budget for this purpose and will be undertaken this year. C6. A secure water and fireproof filing cabinet is required to increase the protection of onsite storage of cash and important current-year records at the reception centre. Comments: Complete. Page 145 of 239 RCP 21-07 Page 7 of 13 C7. Because non-compliant grave decorations interfere with timely and efficient grounds maintenance, communicate with stakeholders. Comments: Complete. The Cemetery Bylaw has been presented to Council and will be fully adopted with new language to support standardized decorations and service level standards that will overall achieve operational savings. C8. Consider outsourcing more or all the grave digging to reduce the complexity and potentially the cost of operating the cemetery. Comments: Not recommended. Staff at the Tillsonburg Cemetery are extremely proud of their duties and responsibilities. Our Clients have come to expect superior service and we are able to effectively deliver this in a very cost effective manner. Outsourcing grave digging is not recommended at this time. Recreation R1. Consider adding a non-resident fee for Recreation Programs. Comments: This is a reasonable recommendation that will be reviewed further in 2021 as part of a User Fee Review post-pandemic. R2. Continue to seek opportunities to generate revenues from sale of refreshments and merchandise. Comments: Complete and Ongoing. This has been standard practice at the Tillsonburg Community Centre and Water Park. It will continue in the future. Staff will continue to seek opportunities to identify new and innovative ways of generating revenues for the Town. R3. Consider fee subsidies on situations where subsidized users are less likely to displace full-fee participants. Comments: Complete. The Town does offer a number of Fee subsidies including the FARE Program and Jumpstart. The Town strives to provide all-inclusive recreation opportunities for all its Citizens. R4. Review use of staff time for fundraising, to ensure net value is positive. Comments: Complete. As part of our ongoing operations, staff determine how best to apply resources to fundraising opportunities. A cost/benefit review is always employed to ensure the most effective use of Town resources. Page 146 of 239 RCP 21-07 Page 8 of 13 R5. Move from printed to web-only course Recreation Guides to avoid printing costs and waste. Comments: Complete. Tillsonburg’s Recreation Guide is now in an all-electronic format. It has been well received and it offers a number of key benefits including cost, “updateability” and ease of access. https://online.flippingbook.com/view/924260/ This will continue in this new format for the future. R6. Continue to encourage use of on-line systems for Booking programs. Comments: Complete / Implementation Phase. Staff are currently implementing the new PerfectMind Booking Software that will operate more efficiently with greater ease for end users for booking online and registering for all Town programs. R7. Consider providing a fee rebate for persons using online booking systems. Comment: This is something that will be reviewed once the new software system is implemented and our Fee Review is completed and we can return to pre-pandemic revenue generation levels. R8. Continue to identify improved Booking Software Systems that improve efficiency. Comment: See R6. Above. R9. Work with other municipalities to develop and share effective workarounds for limitations in the software. Comment: See R6. Above. R10. The pool pump room physical infrastructure is aging. Explore the potential to replace the pumping, filtering, and chlorination systems with more modern systems. Comment: The Town has applied for the ICIP Infrastructure Grant and is awaiting confirmation of approval. If this occurs, the existing Aquatic Facility will undergo a major refurbishment including pool deck, change rooms, accessibility and new filtration systems. An announcement is expected by Q2, 2021. R11. If a replacement for the Community Centre is several years away, then consider a “public eye” facelift, such as repairs to the Hardy Street Steps and installation of a ramp. Comment: See R10. Above. R12. Targeted capital investment could help to address the limited capacity and flexibility of change rooms, and limited accessibility to this part of the Recreation complex. Comment: See R10. Above. Page 147 of 239 RCP 21-07 Page 9 of 13 R13. The Lake Lisgar Waterpark be reviewed on an annual basis as visitor interest, insurance costs, and operational complexities continue to evolve. Comment: This will be evaluated annually as part of the Town’s operational reviews. R14. It is recommended that the Town’s longer-term planning for the Lake Lisgar waterpark include an option to replace the outdoor pool and waterslide with recreational resources that could be offered to the public without the need to charge admission. Comment: Ongoing. The new water Slide is scheduled to be installed by May 2021. Subject to the results of the Town’s ICIP Grant Application, additional spray pad opportunities may result. In addition, funding will be set aside for 2022 – 2024 for building façade, pool deck refurbishing and pool furniture replacement. R15. If the Parks Operations relocation initiative moves ahead, it is recommended that the new Parks storage facility be considered for housing the back -up Ice Surfacing machine, reducing the resources required to bring it into and take it out of operation. Comment: Until such time as a new Parks & Cemetery Operations Facility can be realized, the back-up Ice Resurfacing machine has been relocated to a local third-party facility. Arrangements to have it brought to the Arena Facility is in place as needed. The Town recently took ownership of a new Ice Resurfacer which is providing greater reliability. R16. Given the extensive layout of the Recreational Centre and its arenas, continue to upgrade indoor security camera system, and to consider alarm systems to enhance security of staff and facility users. Comment: This will be reviewed annually as part of routine security and access controls are budgeted and implemented in 2022-2023. R17. Explore whether remote supervision from the upper floor could potentially reduce or eliminate the need for a supervised entry desk at the Health Club. Comment: To be reviewed in 2021. Also see R-10 above. R18. Not all municipalities provide fitness centres, and several private clubs in Tillsonburg offer this service. Given the need for more change facilities for the pool, and the cost of staffing the Health Club, consider studying whether this service could be eliminated or perhaps investigate an alternative service delivery model. Comment: Will be reviewed in greater detail subject to results of R 10. The Town’s Health Club members do enjoy the added option of the pool facility which other private fitness studios do not offer. Page 148 of 239 RCP 21-07 Page 10 of 13 R19. It is recommended that the question of how to best provide Senior Centre services be addressed when the Town’s Recreation, Culture, and Sport strategic plan is next updated. Comment: To be part of the proposed review. See P30. Above. R20. Use the Town web site and other social media platforms to provide useful current information to citizens and users. Comment: Complete. See P6. Above. Museum M1. Use the Town web site and other social media platforms to provide useful current information to citizens and users. Comment: Complete. See P6. Above. M2. Seek opportunities to showcase holdings in mini exhibits located at other municipal facilities or in public places such as a rec centre, library, fire station, or shopping mall with informative posters and, where possible, displays of artifacts. Comment: Underway. One of the recommendations contained in the Annandale Marketing & Promotion Delivery Strategy recently completed under the Municipal Modernization Program – Intake II. M3. Some other museums close during their slow season. Consider scheduling annual museum downtime for the next two years during the low travel season to enable Annandale staff to intensify their focus on upkeep, improvement, and outreach projects. Comment: Completed. Aside from the Pandemic closure experienced in Q1, 2021, staff have implemented reduced hours of operation. The time is being used for the collection management and digitization. M4. Develop a Museum and Heritage Plan to provide a renewed or reco nfirmed mandate for the important work being done. Comment: See M2. Above. Recommendations to be brought forward to Council that will identify opportunities to increase the marketing and promotion of the Museum including the review of the Mission Statement in 2023, coinciding with the 50th Anniversary. M5. For the Tourist Information service, make a concerted effort to respond to phone and email enquiries by providing links to helpful information sites, rather than by mailing brochures and flyers. Comment: Completed and Ongoing. Will further collaborate with the Tillsonburg BIA and Station Arts. Page 149 of 239 RCP 21-07 Page 11 of 13 Organizational Recommendations O1. Review Custodial Contracts and place them out to tender and consider entering into 3+1 year terms. Comment: Underway. Tender Document being prepared for issuance in Q2, 2021. Opportunities to achieve cost savings and alternate service delivery will be evaluated when bids close. This will be presented to Council for consideration. O2. Create a new role of Project Manager, or Projects Coordinator, reporting directly to the Director. This Project Manager would provide the RCP with access to the project management body of knowledge and resources, to support the implementation of proven project management disciplines and processes for the entire suite of RCP- managed projects. Comment: The new Parks & Facility Manager has been hired. The position has been enhanced to better reflect the needs of the Department with a specific emphasis on Capital Project Management. This will effectively position the RCP Department for success. O3. Review and clarify titles within the Facilities Team Comment: Completed. This has been reviewed by the Director and the CAO. The current Organizational Chart and Job Titles are well defined and reflect the needs of the Town for the future. O4. Separate Maintenance into “Light” and “Heavy”. Heavy maintenance would consist of Plant (ice, pool), turbines, boilers, HVAC repairs, etc., all within the TCC. Light Maintenance would consist of HVAC Preventative Maintenance, lights, plumbing, etc. Comment: Completed. This has been reviewed and in light of the comments in O3. Above, there is no further need to make the suggested changes. O5. Reduce overlapping responsibilities between Parks and Facilities. For examp le, make all set-ups, both within and outside the community Centre, be fully the responsibility of Operations, alleviating the need for Parks personnel. Have Parks do all Town flower beds including those at the Centre. Comment: Completed. O6. Provide administrative support for facility operations and facility maintenance. One possibility for this would be expanding the role – and hours - of the Cemeteries Registrar to fulfill other RCP administrative duties. Comment: Completed. Please refer to C4. Above. Page 150 of 239 RCP 21-07 Page 12 of 13 O7. Establish specific service standards for key areas of RCP’s operation, and, when approved by Council, publish the standards on the town’s website. Comment: To be implemented in 2022 once service standards are developed. O8. It is recommended that RCP seek to tie service requests to an enterprise wide ticket tracking system and a work-order system such as MESH. Comment: Completed and fully implemented. O9. Track and report on an annual basis various performance measures. Comment: Please refer to O7. Above. O10. Develop a User Satisfaction Survey for key RCP services. Comment: To be developed in partnership with Staff and the Marketing & Communications Officer in 2021. Will form part of the 2021 Community Strategic Plan, subject to input from the Public. O11. Track and report service requests from the public. Comment: Completed. See O8. Above. Page 151 of 239 RCP 21-07 Page 13 of 13 CONSULTATION This report has been prepared in consultation with staff in the Recreation, Culture & Parks Department and CAO. FINANCIAL IMPACT/FUNDING SOURCE Any financial impact associated with the recommendations herein have been included in the 2021 Capital or Operating Budgets and fully subject to Council’s approval. Future implementation of recommendations will be subject to Council approval if they invo lve a financial element. 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 152 of 239 Page 1 of 3 Subject: Playground Disposal Report Number: RCP 21-09 Department: Recreation, Culture & Parks Submitted by: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, March 22, 2021 RECOMMENDATION THAT report RCP 21-09, Playground Disposal, be received as information; AND THAT Council supports Option __ , as outlined within the report. BACKGROUND At the February 22, 2021 Council Meeting, replacement of the existing playground equipment at the Optimist Park was approved by Council. During the discussion, the Director of Recreation, Culture and Parks was asked if there was a possibility if the existing playground equipment could be donated to the Dereham Housing Cooperative in Tillsonburg to provide for recreation opportunities for the children residing in that development. DISCUSSION With the approval of the new Playground Equipment now secured, staff have arranged for a Contractor to dismantle and remove the existing equipment in advance of the installation of the new playground structure. Our Contractor has provided the Town a contribution of $1,000 for the old equipment in addition to its removal. The dismantling is expected to occur over the next few weeks. Staff spoke with the Contractor to determine if some or all of the old equipment could be re-assembled at the Dereham Co-op site. We were advised that existing equipment is in poor condition with damaged components that pose a liability and safety concern, hence the need for replacement. We are reminded that the design of the old structure includes components both above and below grade. It is not possible to utilize smaller segments as the whole unit is designed to integrate together. Further, the associated Page 153 of 239 RCP 21-09 Page 2 of 3 costs of relocating and reassembling would be expensive and time consuming. This being the case, unfortunately the old equipment is better to be recycled. The original thought of donating this equipment to Dereham Co-op is certainly a worthy proposal, however as noted above, it would be very costly and may not stand up to the rigorous use if reassembled. They could expect ongoing repair problems likely sooner than later in addition to expected increased liability due to its poor condition. In the spirit of Council’s request however, staff would like to offer the following options for consideration; Option 1 Do Nothing; or Option 2 Consider a financial donation in lieu of old equipment to be applied towards the Dereham Co-op’s Playground Fundraising initiative. Should Council decide to support Option 2, they are reminded that our Contractor has contributed $1,000 in exchange for the old equipment. Council could decide to offer a donation up to this amount without having a negative impact to the approved Capital Budget for the project. Additionally there is $6,700 in uncommitted 2021 community grant funding available. CONSULTATION This report has been reviewed by the CAO, Director of Corporate Services and the Director of Finance. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts to the recommendations contained within this report unless Council wishes to donate an amount in excess of the $1,000 unbudgeted disposal proceeds towards the project. 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 Page 154 of 239 RCP 21-09 Page 3 of 3 ☐ 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 ATTACHMENT None. Page 155 of 239 The Corporation of the Town of Tillsonburg Recreation & Sports Advisory Committee November 11, 2020 6:00 p.m. Teleconference MINUTES Present: Chris Parker, Susie Wray, Carrie Lewis, Eugene Todd, Dace Zvanitajs Absent with Regrets: Don Baxter, Kim Sage, Jeff Vanrybroeck Also Present: Andrea Greenway, Margaret Puhr 1. Call to Order The meeting was called to order at 6:05 p.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Chris Parker Seconded by: Susie Wray THAT the Agenda as prepared for the Sports and Recreation Advisory Committee meeting of November 11, 2020, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Carrie Lewis Seconded by: Chris Parker THAT the Sports & Recreation Advisory Committee Meeting Minutes of September 16, 2019 be approved. Carried 5. Presentations/Deputations 6. General Business & Reports 6.1. Clarico departmental review – update – the report has been circulated, some discussion points: Page 156 of 239 Committee: Recreation & Parks Advisory Committee Page - 2 - of 2 Date: November 11, 2020 - The recreation guide is online and winter issue will be an online version as well. It is getting a good response and staff have the ability to print out paper copy of the guide or just individual pages for those who don’t get online. - Software – in April the current software, Legend, was bought out by TSG as was PerfectMind software. Legend has proved to be difficult to work with and the town will be transitioning to PerfectMind for 2021. Andrea is working through the transition timeline and hopes to have it ready for Spring 2021. - Non-resident fee was proposed, however at this time it will not be implemented. This fee has been part of the service provision discussion for 20+ years, with many reasons for and against. It will be further explo red in 2021 or perhaps as a part of the next Master Plan public engagement process. - Water park recommendations – some will be implemented, others are not suited for our community. The federal grant money still hasn’t been announced. - Some of the other recommendations are also being implemented. 6.2. COVID-19 update – programs and facilities are running on modified basis following the SWPH and provincial guidelines. There is a plan in place to adjust to various potential restrictions, which would mostly focus on participant numbers and spectators. The recently released government framework is a good guide for planning and answering user’s questions. Programs are running at capacity and participants are happy to be able to use the community centre. Facilities/meeting rooms are not being rented out currently, they are being used for programming and internal staff meetings. The 2021 budget is set assuming that COVID will be a factor for at least 6 more months, with variables for the rest of the year included as well. 7. Correspondence - none 8. Other Business: 9. Next Meeting: December 9 at 6:00pm. The committee will meet electronically, unless otherwise advised. 10. Adjournment Proposed Resolution #4 Moved by: Chris Parker Seconded by: Carrie Lewis THAT the November 11, 2020 Recreation and Sports Advisory Committee meeting be adjourned at 6:42p.m. Page 157 of 239 The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE February 18, 2021 5:30 p.m. Electronic Meeting MINUTES ATTENDANCE Euclid Benoit, Dan Cameron, Valerie Durston, Deb Gilvesy, Mark Renaud, David Brandon, Euclid Benoit Absent: Jeff Miller, Jeff Dean Staff: 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: Deb Gilvesy Seconded By: Dan Cameron THAT the Agenda as amended for the Tillsonburg Airport Advisory Committee meeting of February 18, 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: Dan Cameron Seconded By: Euclid Benoit THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of January 21, 2021, be approved. Carried 5. Delegations and Presentations Page 158 of 239 None 6. General Business & Reports 6.1. New Hangar Update - Dan Locke reported that the two hangar have had no progress since the last meeting due to the restriction put in place for Covid. The two hangar are G1 Lot 5 and G3 Lots 1 & 2. The applicant for the G1 Lot #6 Hangar has reconsider and will not be moving forward with his application. David Brandon asked how many hangar lots are currently available - Dan inform 3 lots are available Dan Cameron asked if hydro was available to the G1 lots # 5,6,7 – Dan stated that hydro was identified as available for the lots on G1 however the last tenant that applied for hydro conveyed that there are no more services available off the transformer. Dan to check with ERTH who provided the information regarding the available services. Dan Cameron asked about an updated Drainage plan – Carlos commented that the Master plan includes the drainage plans and that they are being worked on and will be brought to TAAC committee. 6.2. Safety Spreadsheet Follow -up – Dan presented the two reported issues using the Datastudio report. 6.3. Website – Dan Locke commented that the workshop with Committee , in the first Quarter of 2021, Annette was to lead this initiative. This has been deferred to the second quarter. 6.4. Covid Closure Update – Dan provided an update to the committee that the airport is open. The terminal building is open and the washroom remains open and the Café closed and the Flight School is flying but not doing Ground School until the Province move our area to orange. Staff are on site daily from 8:30am - 4:30pm . 6.5. Airport Master Plan Update – Dan provide the committee with an update that a draft report would be coming to them for comment. Project is on track despite the Covid closure. One piece that has not happened is the inspection of each Hangar by the Environmental representatives. This will be done to the best of their abilities on Feb 23. 6.6. Hangar identification in Emergency situations – Deb commented that she has had inquiries on how the hangars are numbered how would anyone find the hangar locations during emergencies. 6.7. Alternative funding mechanisms not identified in the 2021 approved budget – Mark brought this item forward. Carlos - Commented that no funding is currently available and that staff internally and at other airport are monitoring for these funding opportunities. Page 159 of 239 Mark – Commented that the current funding opportunities do not allow for our airport to meet the criteria required ie: Passenger service 6.8. Discussion about establishing an airport-specific fundraising mechanism possibly including a sub- committee of same – Mark - commented that we may be able to raise funds Carlos commented that we can looks for these opportunities and that the Master plan will have consideration for some of this type of funding. Intent is to go to the area municipalities when the Master plan is complete and provide the various Councils with the benefits of the Airport to their Municipalities. 6.9. Discussion and presentation and update to Town Council on airport trends including ORGNE traffic – Mark 6.10. Discussion and presentation/update to Oxford County Council on airport trends including ORGNE traffic.- Mark Carlos indicated that both 6.9 and 6.10 will be informed by the Airport Master Plan process and discussion will take place once the Master Plan information has been shared with the committee. 7. Correspondence None 8. Other Business Deb – Mentioned having another member added to the committee. Dan C to provide contact information to Dan Locke and he will follow up with the Clerks. 9. Next Meeting The next meeting of the Tillsonburg Airport Advisory Committee will be at 5:30 p.m. on March 18, 2021. 10. Adjournment Resolution #3 Moved By: Euclid Benoit Seconded By: Valerie Durston THAT the Tillsonburg Airport Advisory Committee Meeting of February 18, 2021 be adjourned at 6:40 p.m. Carried Page 160 of 239 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee Meeting March 3, 2021 10:00 a.m. Electronic Meeting MINUTES Present: Cindy Allen (left at 10:53 a.m.), Sherry Hamilton, Kathryn Leatherland (left at 11:00 a.m.), Rick Martin, Lynn Temoin, Councillor Luciani Regrets: Stephanie Ellens-Clark Staff: Alex Piggott, Transit Coordinator Carlos Reyes, Director of Operations and Development Amelia Jaggard, Deputy Clerk 1. Call to Order The meeting was called to order at 10:01 a.m. The Committee welcomed new member Rick Martin. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Cindy Allen Seconded by: Lynn Temoin THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of March 3, 2021, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Minutes of Previous Meeting 5. Presentations/Deputations 6. General Business and Reports 6.1. Staffing Update – Alex Piggott Alex Piggott announced his departure from the Town of Tillsonburg. The Committee thanked Alex for his work and wished him well on his future endeavors. Page 161 of 239 Tillsonburg Transit Advisory Committee Page - 2 - of 3 6.2. T:GO 2020 Performance Summary Report • 2020 Christmas Bus Ridership • Advertising (on bus) Staff provided an overview of the report. Staff suggested that in 2021 discussions with sponsors regarding the Christmas Bus should begin earlier in order for advertising to begin at an earlier date. There was discussion regarding the utilization of the bus service by local students. There was discussion regarding bus drivers wearing masks. Staff noted that current public health guidelines indicate drivers are not required to wear masks while driving. A clear shield creates a barrier between the driver and passengers. There was discussion regarding the inter-community transit system. There was discussion about promotion of route 3 for encouraging residents to get outside. Cindy Allen left at 10:53 a.m. There was discussion regarding advertising on bus. 6.3. Bus stop changes • Bus stop on Broadway Street approved • Norfolk Mall bus stop relocation • Outdoor signage at Town Centre Mall Discussions are ongoing regarding the Norfolk Mall bus stop relocation; there is no implementation date at this time. Staff will need to provide public notice regarding the change prior to implementation. Kathryn Leatherland left at 11:00 a.m. There was discussion regarding the Baldwin Place stop; it was suggested that the time would be better utilized in the northeast quadrant. There was discussion regarding Stop 6 landscape issues and it is being considered to relocate this stop. It was asked for staff to confirm what stops are being relocated and/or added. Page 162 of 239 Tillsonburg Transit Advisory Committee Page - 3 - of 3 There was discussion regarding bus stops on Google maps and who maintains the information. There was discussion regarding installing a TGO route map at the Town Centre Mall. 6.4. 2021 budget considerations Budget was approved. The Town just signed the Gas Tax Funding agreement for 2021. The Province just announced phased three of the safe restart funding program. Staff noted that outdoor signage was not specifically identified in the 2021 operating budget. 6.5. Snow removal concerns If staff receive feedback from service provider regarding snow removal this is inputted to the Town’s work order management system. There was discussion regarding regulatory standards for snow maintenance and how complaints from the general public are managed in the Town’s work order management system. 6.6. Funding opportunities Discussed under item 6.4. 7. Next Meeting May 11, 2021 at 10:00 a.m. 8. Adjournment Proposed Resolution #2 Moved by: Lynn Temoin Seconded by: Rick Martin THAT the March 3, 2021 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:45 a.m. Carried. Page 163 of 239 The Corporation of the Town of Tillsonburg Recreation and Sports Advisory Committee March 10, 2021 5:30pm Electronic meeting MINUTES Attending: Chris Parker, Dace Zvanitajs, Eugene Todd, Carrie Lewis, Susie Wray Absent: Jeff Vanrybroeck, Kim Sage, Don Baxter Staff: Christopher Baird, Andrea Greenway, Margaret Puhr 1. Call to Order 5:34pm 2. Adoption of Agenda Proposed Resolution #1 Moved by: Chris Parker Seconded by: Susie Wray THAT the Agenda as prepared for the Recreation and Sports Advisory committee meeting of March 10, 2021, be adopted. 3. Disclosures of Pecuniary Interest and the General Nature Thereof – There were no disclosures of pecuniary interest declared. 4. Minutes of the Previous Meeting Proposed Resolution #2 Moved by: Chris Parker Seconded by: Dace Zvanitajs THAT the Recreation and Sports Advisory Committee Minutes of November 11, 2020, be adopted. 5. Presentations/Deputations - none 6. General Business & Reports 6.1. COVID-19 update – all programs are running with reduced capacity based on restrictions, moving into orange helped with capacity, user groups are happy. Spring guide will be ready to be released on April 6, registration starting April 7, programs starting April 26. Right now the guide is being prepared with regular programming, but ready to switch to COVID reduced programs. Ice contracts have gone out for all users, as in normal season, with caveat that they might be changed, as have ball diamond contracts, also ready for reduction based on the restrictions. We are planning to open the water park and run summer camp as Page 164 of 239 usual this year. Day camps are permitted to run in COVID as of now. Private ice rentals are available. The outdoor rink was closed today due to the warm weather. The indoor ice will be kept longer to allow more opportunities for physical activity. Eugene noted that it is important to keep the momentum of people enjoying the outdoor facilities. 6.2. Sports allocation policy review – this policy was approved by council last April and it was noted that staff and committee would review it on annual basis. The policy was extremely helpful this past year with the pandemic and over- subscription of interested users. It helped to get everyone included in a fair way. Kudos to Andrea and staff for applying the policy in a fair matter. The policy will be sent to the committee for review and comments shared at the next meeting, report given to council from the review. Staff will also review prior to sharing with committee and the members will be able to review and endorse these changes. Chris and Andrea will provide the document to the committee. 6.3. PerfectMind software update – full steam ahead with implementation, the official switch will be on June 1st, access to legend will stop on May 1st online. PerfectMind online account setup will be available on May 10. Configurations are being done as we speak, staff are excited for the new software. Summer programs will be the live trial of the system. The communications team is working on releasing the information to the public. 6.4. Water slide update – the water slide will be ready for this summer, this and next week the concrete work is going to be happening, PK Construction is the contractor. ProSlide will be going in to assemble the slide after that, water and electricity will be reinstated next. Confident that the slide will be ready for Father’s Day opening/start date. Lifesaving Society has given 99% certainty that slides will be allowed to operate. 6.5. Master Plan update – this has been talked about for a couple of years now. Update from the director: there are many master plans for the corporation, this one still needs to be updated, however COVID has consumed a lot of time and effort this past year. Suggest to review as a committee in near future, some money has been set aside in budget for future years, however an interim update by the committee might be a good idea. Recreation trends are changing and we want to make sure we are adapting. There is a new Community Strategic Plan in the works this year, which might help to guide the Recreation Master Plan as well. Susie suggested reviewing update reports and the Clarico review. Chris Parker would like the plan re-done in-house if possible and committee agreed. Margaret will send the document, 2018 review and the Clarico report to all members electronically for review. There is some budget for sports fields enhancements this year, will be starting with the ones that are most in need of work. 6.6. Grants – update – ICIP 5M project for aquatic centre: we still haven’t heard back. This will be a 2-year project if successful. COVID resilience grant was applied for just before Christmas, the proposal was to pave the Trans Canada Trail between Broadway and Tillson Ave. trail use has been tremendous over last year, this grant had an accessibility item, everyone will be able to use a paved trail. Hope to hear back in April. Page 165 of 239 Just yesterday, Christopher applied for 150K for Community Healthy Initiatives grant. This was endorsed by senior leadership and approved by council at Monday night meeting. The grant is looking at outdoor destination workout station, open, accessible and free to everyone, likely to be located in the Memorial Park. It was a quick turnaround grant. Will keep the committee posted. Additionally, Northcrest Development is working on connecting to the Trans Canada Trail as well as the Fourth to North Trail. Eugene would like to know how the connections are working between the town and Oxford County Trail Committee in regards of Great Trail, as the paving of sections of trails should be communicated to the cycling community (Oxford County Cycling Advisory Committee) who also actively keep the trail updates. 7. Correspondence – none 8. Next Meeting April 14, at 5:30pm 9. Adjournment Proposed Resolution #2 Moved by: Carrie Lewis Seconded by: Chris Parker THAT the March 17, 2021 Memorial Park Revitalization Advisory Committee meeting be adjourned at 6:27 p.m. Page 166 of 239 1 Town of Tillsonburg STATUS REPORT January 2018 Page 167 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 2 Town of Tillsonburg Top Priorities W ithin the Strategic M aster Plan, almost 100 recommendations have been identified for the Town to consider over the 2011-2031 period . O f those, five were identified as top priorities . 1. Undertaking a Master Plan and Concept Design exercise for the 55 acres Memorial Park and Fairgrounds. The Strategic Master Plan states that a community vision needs to be established specifically for Memorial Park, and particularly whether the Fairgrounds would benefit from revitalization of the present site or if it should be relocated to an alternative location. STATUS: A Master Plan for Memorial Park & Lake Lisgar was approved January 2018. 2. Developing a vision for the Tillsonburg Special Events Centre (TSEC). The Strategic Master Plan recommended either investing in or divesting of the TSEC. STATUS: TSEC sold in 2012. 3. Creating a new Ball Diamond Complex that relocates the Annandale Ball Diamonds and at least one ball diamond from Memorial Park. The Strategic Master Plan suggested this to allow the Town to repurpose the area currently used for diamonds to other higher need uses. STATUS: The M aster Plan for M emorial Park & Lake Lisgar designates an improved, relocated hardball diamond. Planned upgrades at the Annandale Diamond C omplex include new lights at Diamond 3 , additional lights at Diamond 2 , and future potential for lights at Diamond 4 . Page 168 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 3 Town of Tillsonburg 4. Undertaking a comprehensive business plan and/or concept design process to improve the functionality and amenity level of the Tillsonburg Community Centre. STATUS: C ommunity consultations took place in 2015. Conceptual Design for an indoor pool refurbishment is planned for 2018, with work considered for implementing in2019 . 5. Continuing to build upon the local trails system to increase connectivity, comfort and safety. The 2015 update to the Trails Master Plan included recommending significant improvements to amenities (e.g. shade, benches, lighting, parking, etc.), the range of uses (e.g. pedestrian and cyclist, all season uses), and other connectivity. STATUS: The updated Trails M aster Plan is informing work on improvements to local trails and the long - term development of an enhanced trail network within Tillsonburg with regional connectivity. In 2017, the Trans-Canada Trail extension and a year-round connection to Hawkins Bridge were opened. Guiding Principle 1: Striving for Service Excellence Tillsonburg will continue to strive to provide parks, facilities and services in a manner that is sustainable, innovative, fiscally -responsible and driven by customer service. While there is continual progress on all ongoing, short term and medium term recommendations, in 2018 most of the effort continues to be focused on the Topic Areas of Maximizing Performance and Marketing & Awareness. Guiding Principle Topic Area Municipal Role 1-1 1-2 Maximizing Performance 1-3 1-4 1-5 1-6 1-9 1-7 1-8 Customer Service 1-10 1-11 1-12 Marketing & Awareness 1-15 1-17 1-18 1-13 1-14 1-16 Regular Strategic Planning 1-19 1-20 Ongoing Short Term 2011-2014 Medium Term 2015-2019 Striving For Service Excellence Page 169 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 4 Town of Tillsonburg Completed recommendations supporting this Guiding Principle include: 1-7: “Establish a simple set of quantifiable targets and performance measures that can gauge the efficiency and effectiveness of services, and eventually programs, which are offered by the Town….” A consistent and comparable set of performance metrics is being monitored and reported on in quarterly submissions to Council. The metrics are refined and adjusted as appropriate. 1-8: “In consultation with local user groups, establish an Ice Allocation Policy to formalize equitable access to municipal arenas….” This Policy was developed in 2012 and is used by Department staff when developing summer and seasonal ice schedules. 1-12: “…investigate the need to rename the Community Services Department to better reflect and articulate the role of municipal parks, recreation and cultural services.” In 2012, the Department was renamed ‘Parks & Recreation Services” and then in 2014, a second name change was implemented to the current ‘Recreation, Culture & Parks.’ Guiding Principle 2: An Integrated & Collaborative Approach In order to best meet the needs of our residents, the delivery of high quality spaces and programs will be viewed holistically and implemented by working hand -in -hand with a range of municipal departments, supporting volunteers, and establishing strategic partnerships that will maximize the public interest through a community -development approach. Page 170 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 5 Town of Tillsonburg Continual progress is being made on most ongoing and short term recommendations. In 2017 most of the effort is being directed in the Topic Areas of Supporting Town Staff and Community Development through an investment in dedicated marketing staff time. To date, no recommendations supporting this Guiding Principle have been completed. One short-term recommendation has been deferred to the medium term in order for other required elements to be put in place: 2-16: “As part of the proposed Marketing Strategy, ensure the inclusion of a specific Sport & Cultural Tourism Policy that creates a framework for assessing the ability of local facilities and services to serve a broader market, potential partnerships, funding opportunities, and the benefits that would be incurred through the promotion of sport and cultural tourism objectives.” In addition to the completion of the Marketing Strategy, the most effective approach to this recommendation will also include a broader regional discussion about sport tourism with partners throughout Oxford, Elgin and Norfolk Counties. Guiding Principle 3: Innovative & Appropriate Infrastructure Parks, recreation and cultural facilities will be provided in an inclusive and integrated manner, to create opportunities for multi-use, multi-generational, and multi-seasonal experiences that meet the diverse needs of Tillsonburg’s population. Page 171 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 6 Town of Tillsonburg While there is continual progress on most recommendations, in 2018 most of the effort is being directed in the Topic Areas of Tillsonburg Community Centre and Sports Fields. With the sale of the Tillsonburg Special Events Centre in 2012, recommendation 3-5 was completed and recommendation 3-6 became redundant. Completed recommendations supporting this Guiding Principle include: 3-9: “Consider reconfiguring program and meeting spaces within the Tillsonburg Community Centre as a means to accommodate certain smaller-scale gymnasium activities, thereby, freeing up time at the Glendale gym for additional uses.” After due consideration, the cost-effectiveness of reconfiguring TCC space was not apparent. Instead, more effective use of the updated and new gymnasium facilities at local public schools has been implemented. 3-10: “The Town should undertake a comprehensive examination into the reconfiguration/expansion of its Health Club and squash courts in order to provide a higher quality, higher performing level of service geared to addressing the fitness- related needs of future residents and facility users.” Significant efforts have resulted in a more accessible and more comprehensive service desk, upgraded cardio equipment, better floor space configuration, and use of the Squash Court mezzanine for training activities. In 2016 a unisex barrier free washroom was added near the Lions Auditorium. 3-24: At least one fully accessible (barrier-free) playground should be provided at the Tillsonburg Community Centre or Lake Lisgar Water Park site to ensure that children with special needs and disabilities have a venue for unstructured physical activity….” In 2012, the Lake Lisgar Water Park playground equipment was replaced with new, barrier-free elements. Page 172 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 7 Town of Tillsonburg Guiding Principle 4: Embracing the Arts, Culture & Heritage The Town will work with its vibrant arts, cultural and heritage sector to enhance and further develop the creative capacity of Tillsonburg and proudly showcase our roots to visitors. For 2018 most of the implementation focus is in the Topic Area of Bolstering the Arts & Cultural Sector. Recommendation 4-5 was rendered redundant when the Tillsonburg Library was absorbed into the Oxford County Library system. With the defunding of the Tillsonburg Cultural Improvement Alliance in the 2017 budget, a key component of delivering on these actions was eliminated. As a result, a different implementation strategy will need to be developed. To date, no recommendations supporting this Guiding Principle have been completed. One short-term recommendation has been deferred to the medium term: 4-2: “Draft a Public Art Policy that outlines the benefits of public art, a process through which public art is selected, and the importance of recognizing local artists.” The Cultural Advisory Committee is a potential vehicle for completing this action. Strengthening Policies 4-1 4-2 4-3 4-4 Bolstering the Arts & Cultural Sector 4-8 4-5 4-6 4-7 Embracing the Arts, Culture & Heritage Page 173 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 8 Town of Tillsonburg Guiding Principle 5: Focus on Wellness Through Programming A continued emphasis will be placed on facilitating inclusive activities that promote healthy living, physical activity, wellness, skill development, knowledge, and community pride through the collaborative delivery of structured and unstructured opportunities to key markets such as youth, older adults, newcomers and families. In 2018, the RCP team’s focus on implementing this Guiding Principle continues to be on the Topic Areas of Affordability & Pricing and Promoting Physical Activity. One recommendation supporting this Guiding Principle has been completed to date: 5-3: “Initiate a Pricing Strategy to review the current fee structure in relation to the Town’s ability to sustain high quality facilities and services, with a particular focus on areas such as affordability and usage by non-residents.” A Pricing Policy was approved by Council in 2016. Affordability & Pricing 5-1 5-2 5-3 Accessibility 5-4 5-5 Meeting the Needs of Children & Youth 5-8 5-9 5-6 5-7 Serving Older Adults & Seniors 5-10 Promoting Physical Activity 5-11 Focus on Wellness Through Programming Page 174 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 9 Town of Tillsonburg Guiding Principle 6: A Functional and Sustainable Parks System Parks, trails and open spaces will be designed and managed in an integrated manner so as to enable sustainable ecological management practices, link residential and employment areas, and provide opportunities for a wide variety of active and passive recreation and cultural experiences. In 2018, the RCP team’s focus on implementing this Guiding Principle continues on the Topic Areas of Trails System, Memorial Park Fairgrounds and Tillsonburg Cemetery. Two recommendations supporting this Guiding Principle have been completed to date: 6-15: “In consultation with the Tillsonburg Agricultural Society, local baseball and softball organizations, and other community representatives, develop a vision and concept for the Memorial Park/Tillsonburg Fairgrounds in order to provide a functional community gathering place. Any costs associated with improving the site according to the developed vision should be rationalized through business planning and partnership evaluations prior to implementation.” The Conceptual Master Plan for Memorial Park was developed in 2014. More detailed design work began in 2015 and the Parks and Recreation Advisory Committee is spearheading the Memorial Park Revitalization Project through 2016. Park Distribution 6-1 Parkland Supplies 6-2 Parkland Acquisition 6-3 Trails System 6-4 6-5 Parkland Design 6-6 6-7 6-8 6-9 Piloting Projects in Parks 6-10 Natural Heritage 6-11 6-12 6-13 Lake Lisgar 6-14 Memorial Park Fairgrounds 6-15 Tillsonburg Cemetery 6-17 6-16 A Functional & Sustainable Parks System Page 175 of 239 Community Parks, Recreation & Cultural Strategic Master Plan – Status Update 2018 10 Town of Tillsonburg 6-16: “Undertake a Revitalization Plan for the Tillsonburg Cemetery in order to maximize the existing cultural heritage of the site, assess if additional passive uses should be accommodated within the Cemetery, and identify any needed improvements to lands and services which are required. Consultation with appropriate community organizations (such as the Historical Society and Cemetery Board) and the general public will be required throughout this process.” The Historical Society developed a revitalization plan for the Pioneer Graveyard. A massive amount of volunteer effort to research the names of those interred in the Graveyard has resulted in the placement of a large monument to commemorate all of those souls who may no longer have a headstone marking their resting place. For the Tillsonburg Cemetery, conceptual designs and an implementation plan for enhancing the lands and services have been completed. Implementation began in 2015 and continues in 2016. Summary Progress towards completing all appropriate recommendations of the Strategic Master Plan continues. Council removed funding to initiate the renewal of the plan during the 2017 budget deliberations, so staff is refocusing on a renewal timeline of 2020-21. The Strategic Master Plan provides direction and clarity of purpose for the Department’s tactical and strategic planning and informs the annual budget process. Page 176 of 239 The Corporation of the Town of Tillsonburg Town Hall Steering Committee Meeting February 10, 2021 12:00 p.m. Electronic Meeting MINUTES Present: Councillor Penny Esseltine, Councillor Pete Luciani, Jesse Goossens, John Veldman, Mayor Molnar, Andrew Gilvesy Staff: Kyle Pratt, CAO; Sheena Pawliwec, Director of Finance; Laura Pickersgill, Executive Assistant; Cephas Panschow, Development Commissioner; Geno Vanhaelewyn, Chief Building Official Regrets: Rick Strouth; Chris Baird, Director of Recreation, C ulture and Parks 1. Call to Order The meeting was called to order at 12:05 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Jesse Goos sens Seconded by: Councillor Esseltine THAT the Agenda as prepared for the Town Hall Steering Committee meeting of February 10, 2021, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Approval of Previous Minutes Resolution #2 Moved by: Andrew Gilvesy Seconded by: Jesse Goossens THAT the Minutes as prepared for the Town Hall Steering Committee meeting of November 12, 2020, be approved. Carried 5. Closed Session Resolution #3 Moved by: Mayor Molnar Seconded by: Jesse Goossens Page 177 of 239 THAT the Town Hall Steering Committee moves into closed session to discuss: - a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Carried 6. General Business & Reports It was noted that there is $50,000 available in the budget for the Town Hall project. 7. Round Table It was noted that there may be some upcoming available infrastructure funding for green energy municipal projects for example. 8. Next Meeting 9. Adjournment Resolution #4 Moved by: Jesse Goossens Seconded by: Councillor Luciani THAT the February 10, 2021 Town Hall Steering Committee meeting be adjourned at 1:38 p.m. Carried Page 178 of 239 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee March 9, 2021 7:30 a.m. Hybrid Meeting- 200 Broadway, 2nd Floor Council Chambers & Electronic Meeting MINUTES Present: Cedric Tomico, Collette Takacs, Jesse Goossens, Councillor Gilvesy, Suzanne Renken, Lindsay Morgan -Jacko, Lisa Gilvesy, Mayor Molnar (joined at 8:03 a.m.) Staff: Kyle Pratt, CAO; Cephas Panschow, Development Commissioner; Laura Pickersgill, Executive Assistant Regrets: Steve Spanjers, Jeff VanRybroeck, Randy Thornton, Kirby Heckford , Andrew Burns 1. Call to Order The meeting was called to order at 7:36 a.m. 2. Adoption of Age nda Res olution #1 Moved by: Collette Takacs Seconded by: Cedric Tomico THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of March 9, 2021, be adopted. Carried 3. Adoption of Previous M inute s Res olution #2 Moved by: Cedric Tomico Seconded by: Collette Takacs THAT the Minutes as prepared for the Economic Development Advisory Committee meeting of February 9, 2021, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Presentations 6. General Business & Reports 6.1 Monthly Projects Update A wayfinding signage update will be brought forward at our April meeting. 6.2 Economic Development Strategy Update Page 179 of 239 Cephas Panschow provided an overview of the Economic Development Strategy. There were concerns noted regarding the timing of authoring this plan due to an upcoming population census survey in the spring and a new strategic plan being released this summer. It was noted that the census data is typically released in tranches one to two years after completion. It was noted that Tillsonburg could be marketed as a work from home community (to encourage individuals from other areas to move here) however, it has been noted that there is lack of affordable housing in the Town. It was suggested that any ideas to celebrate Tillsonburg 150 from this group be forwarded to Collette Takacs to share with the Culture, Heritage and Special Awards Committee. Staff will create a fillable sheet to allow members to choose their idea of primary goals included in the report. It was suggested that subcommittees be established to address the unaffordable housing issue and future growth/boundary issue. The importance of ensuring studies are actioned is important rather than just being shelved. Members were asked to fill out the form to be circulated by staff in the near future. It was suggested that these different corporate plans be put into Mind Map for comparison. Resolution #3 Moved by: Cedric Tomico Seconded by: Collette Takacs THAT the Economic Development Advisory Committee recommends the establishment a boundary adjustment subcommittee and an affordable housing subcommittee. Carried 6.3 Letter- Ministry of Energy, Northern Development and Mines This item was added as an information item. 6.4 FIN 21-08 2021 Development Charge Study Update Report This item was provided to Council on March 8, 2021 and is subsequently being brought to this Committee for reference. 6.5 Process for EDAC Review of Building/Planning Apps It was noted that there were concerns brought up regarding the resolution passed by Council with regards to the items to be included for review by this Committee. It was decided that this Committee will be added to the distribution list that the BIA and Chamber is a part of to receive information on building and planning applications. This will allow all Page 180 of 239 members to have the same information. The Chair and Development Commissioner will further discuss this initiative to refine the process for other types of development applic ations 6.6 Tillsonburg Hydro Inc. The subcommittee has requested that a meeting be set up with the Chair of the hydro board to discuss the discrepancy concerns the committee has as a result of the presentation from the Ontario Energy Board. 6.7 Town Hall Task Force Kyle noted that the existing space needs survey from 2016 needs to be updated. Staff have developed a draft survey to go out to staff to assist with determining requirements under a revised space needs study. This survey will be finalized at the next Town Hall Committee meeting and will be subsequently distributed to staff. There was not consideration given to some departments for spacing needs in the original study. Kyle also noted that the Town is applying for modernization funding and as a part of this the cost of a revised study will be included in the application. 6.8 Physician Recruitment & Retention Committee No update. 6.9 Community Strategic Plan Kyle noted that the consultation process for the Community Strategic Plan is underway. There will have been three employee focus group sessions held as part of this process. There is an employee survey open until March 19, 2021. There is a public survey open until April 15, 2021. There is a discussion guide available online as well for those who wish to submit open comments rather than completing the survey. There will be business focus groups held later this month. Mayor Molnar left at 9:24 a.m. 7. Community Organization Updates 7.1 Downtown Busine ss Improveme nt Association 7.1.1. March 2021 Report Executive Director, Mark Renaud, appeared before Council on March 8 regarding a request to implement minimum and maximum charges. 7.2 Tillsonburg District Chamber of Commerce A survey was held from November to January that provided information on what kind of webinars would be helpful to run. The Mayors Address is scheduled for March 24, 2021 and local restaurant vouchers will be provided to participants. Page 181 of 239 7.3 Tillsonburg District Real Estate Board 7.3.1 Listings & Statistics 8. Round Table It was noted that a manufacturing company from British Columbia has purchased the property on Bell Mill Side Road. Laura to invite Chair of the Airport Advisory Committee to the next Committee meeting to discuss ways the Committees can work together to better promote the airport and its services. 9. Next Meeting April 13, 2021 at 7:30 a.m. 10. Adjournme nt Res olution #4 Moved by: Cedric Tomico Seconded by: Collette Takacs THAT the March 9, 2021 Economic Development Advisory Committee meeting be adjourned at 9:30 a.m. Carried Page 182 of 239 The Corporation of the Town of Tillsonburg Culture, Heritage and Special Awards Advisory Committee Meeting March 3, 2021 4:30 p.m. Hybrid Meeting- Electronic and In-Person, 200 Broadway, Council Chambers MINUTES Present: Councillor Esseltine, Mark Dickson, Mayor Molnar, Carrie Lewis, Collette Takacs, Rosemary Dean, Tabitha Verbuyst Staff: Laura Pickersgill, Executive Assistant; Patricia Phelps, Culture & Heritage Manager/Curator Regrets: Terry Fleming 1. Call to Order The meeting was called to order at 4:34 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Councillor Esseltine Seconded by: Carrie Lewis THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of March 3, 2021, be adopted. Carried 3. Adoption of Previous Minutes Resolution #2 Moved by: Mark Dickson Seconded by: Councillor Esseltine THAT the Minutes as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of February 3, 2021, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Presentations 6. General Business & Reports 6.1 Heritage Rescinding- 83 Rolph Street The Committee reviewed the background materials provided by staff on examp les of other municipalities who have received heritage designation rescinding requests. Page 183 of 239 Resolution #3 Moved by: Carrie Lewis Seconded by: Rosemary Dean THAT the Culture, Heritage and Special Awards Advisory Committee does not support the proposal from the developer of 83 Rolph Street to rescind the heritage designation. Carried 6.2 Tillsonburg 150th Celebration 6.2.1 Service Groups Discussion It was suggested that this Committee collaborate with local service groups to establish ways to work together to plan a successful event for the Tillsonburg 150 th celebration. Mark is a member of the Optimist Club and he will follow up with them to see if they have had any initial thoughts on providing opportunities for celebra tion to recognize Tillsonburg’s 150th Birthday. 6.2.2 Sub-Committee Establishment Laura will follow up with the individuals who indicated on the survey that they would be interested in participating in planning this event. There will be a brain stormi ng session planned for April 22, 2021 with these interested individuals and a later session that day with service club members to develop a list of ideas for this event. Mayor Molnar left at 5:06 p.m. 7. Round Table 8. Next Meeting Wednesday, April 7, 2021 at 4:30 p.m. 9. Adjournment Resolution #4 Moved by: Mark Dickson Seconded by: Carrie Lewis THAT the March 3, 2021 Culture, Heritage and Special Awards Advisory Committee meeting be adjourned at 5:18 p.m. Carried Page 184 of 239 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 February 3, 2021 Approved March 5, 2021 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Aaron LeDuc, Ben Hodi, Debbie Thain, Zachary Cox and Dana McLachlan. Regrets: Kristal Chopp and Ken Hewitt 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, February 3, 2021. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Deputations There were no deputations. 5. Minutes of the Previous Meeting a) Board of Directors Meeting of January 13, 2021 There were no questions or comments. A-17/21 Moved by R. Chambers Seconded by P. Ypma That the minutes of the Board of Directors Meeting held January 13, 2021 be adopted as circulated. CARRIED Page 185 of 239 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 - 6. Business Arising There was no business arising. 7. Review of Committee Minutes There were no committee meeting minutes for review. 8. Correspondence There was no correspondence for review. 9. Development Applications a) Staff Approved applications Staff approved 13 applications since the last meeting January 13, 2021. Due to the continued high lake levels, shoreline protection upgrades, and raising and floodproofing dwellings and cottages continued to be completed within the watershed. LPRCA- 258/20, LPRCA-259/20, LPRCA-260/20, LPRCA-274/20, LPRCA-1/21, LPRCA-3/21, LPRCA-4/21, LPRCA-6/21, LPRCA-7/21, LPRCA-8/21, LPRCA-9/21, LPRCA-10/21 and LPRCA-11/21. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-18/21 Moved by D. Beres Seconded by V. Donnell That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated February 3, 2021 as information. CARRIED b) New applications The Planning Department staff recommended two applications for approval. A-19/21 Moved by J. Scholten Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: Page 186 of 239 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 - 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-2/21 LPRCA-12/21 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 10. New Business a) General Manager’s Report J. Maxwell provided an overview of operations and ongoing projects.. Staff received notification that the two National Disaster Mitigation Program (NDMP) projects submitted by LPRCA have advanced to the next stage of review. The proposed projects are the Lake Erie Flood Damage Reduction Project and the Port Dover and Simcoe Two-Zone Concept for Floodplain Management. The Chair requested an update on the site changes at Waterford North and Deer Creek conservation areas. Phase 3 electrical and water upgrades at Waterford North will be tendered shortly. Electrical upgrades were completed at Deer Creek and ten sites have been converted to premium seasonal sites. To date, an additional 16 seasonal sites have been booked across the five campgrounds. A-20/21 Moved by V. Donnell Seconded by I. Rabbitts That the LPRCA Board of Directors receives the General Manager’s Report for January 2021 as information. CARRIED b) Years of Service Recognition There are four staff and two Board Members who reached service milestones in 2020. They will be recognized at the 2021 Annual General Meeting, March 5, 2021. Page 187 of 239 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 - A-21/21 Moved by J. Scholten Seconded by P. Ypma THAT the Years of Service Recognition Report be received as information, CARRIED c) Timber Tender LP-333-21 Tarcza-Roberts-Hird Block 2 Two bids were received by the deadline and the winning bid was over the expected bid range. Staff recommended the tender be awarded to the highest bidder. A-22/21 Moved by I. Rabbitts Seconded by D. Beres THAT the LPRCA Board of Directors accepts the tender submitted by Townsend Lumber Inc. for marked standing timber at the Tarzca-Roberts-Hird – Block #2 – LP- 333-21 for a total tendered price of $83,275.00. CARRIED d) 2021 Gypsy Moth Aerial Spray Program Staff surveyed 32 LPRCA forest tracts and identified Gypsy moth egg masses to be severe at all but one property. Gypsy moths feed on the leaves and weaken trees. Outbreaks generally occur in a 7-10 year cycle. Board support was requested to undertake an aerial spray program on a total of 3,555 acres at 14 of the most severe properties with a biological product called Bacillus thuringiensis (Btk). The last spray program occurred in 2008 in which 1,686 acres were sprayed with good results. Future spraying will be considered at budget time. J. Scholten left the meeting at 7:10 p.m. A-23/21 Moved by V. Donnell Seconded by P. Ypma THAT the LPRCA Board of Directors supports a Gypsy Moth Aerial Spray Control Program in 2021 for specific forest tracts; And; Page 188 of 239 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 - That the LPRCA Board of Directors authorizes the use of funds from the unrestricted reserve to a maximum of $100,000 for spraying LPRCA’s properties; And; That the LPRCA Board of Directors approves contracting of Zimmer Air Services for the spray program. CARRIED 14. Adjournment The Chair adjourned the meeting at 7:20 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 189 of 239 Page 1 of 7 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A By-Law to amend Development Charges By-Law 4315 for the Town of Tillsonburg. WHEREAS Section 19 of the Development Charges Act, 1997, S.O. 1997, c27 (“the Act”) provides for amendments to be made to development charges by-laws; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg (hereinafter called “the Council”) has determined that certain amendments should be made to the Development Charge By-law of the Corporation of the Town of Tillsonburg, being By- law 4315; AND WHEREAS, in accordance with the Act, a development charges background study has been completed in respect of the proposed amendment; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has given notice and held a public meeting in accordance with the Act; and AND WHEREAS the Council, at its meeting of March 22, 2021, approved a report dated January 21, 2021 entitled “2021 Development Charge Update Study”. NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. By-law 4315 is hereby amended as follows: a. Section 4 is deleted and replaced with the following: (1) Notwithstanding Section 3 above, no Development Charges shall be imposed with respect to Developments or portions of Developments as follows: (a) The enlargement of an existing dwelling unit; (b) the creation of a maximum of two additional dwelling units in an existing single detached dwelling or structure ancillary to such dwelling. The total gross floor area of the additional dwelling unit or units must be less than or equal to the gross floor area of the dwelling unit already in the existing residential building/dwelling; (c) the creation of additional dwelling units equal to the greater of one or 1% of the existing dwelling units in an existing residential rental building containing four or more dwelling units or within a structure Page 190 of 239 By-Law 2021-___ Page 2 of 7 ancillary to such residential building; (d) the creation of one additional dwelling unit in any other existing residential building/dwelling or within a structure ancillary to such residential building/dwelling. The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the smallest dwelling unit already in the existing residential building/dwelling; or (e) the creation of a second dwelling unit in a proposed new Single Detached, Semi-Detached or Row Townhouse dwelling or in a building ancillary to such dwelling, subject to the following restrictions: (2) For the purposes of Subsection 4(1) “existing residential building/dwelling”, means: (a) A residential building/dwelling, containing at least one dwelling unit, that existed on a parcel of land as of April 1, 2021 and which was not exempt from the payment of development charges pursuant to Section 2(3)(b) of the Act; or (b) The first residential building/dwelling, containing at least one dwelling unit, constructed on a vacant parcel of land after April 1, Item Name of Class of Proposed New Residential Buildings Description of Class of Proposed New Residential Buildings Restrictions The proposed new detached dwelling must only contain two dwelling units. The proposed new detached dwelling must be located on a parcel of land on which no other detached dwelling, semi- detached dwelling or row dwelling would be located. The proposed new semi-detached dwelling or row dwelling must only contain two dwelling units. The proposed new semi-detached dwelling or row dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located. The proposed new detached dwelling, semi-detached dwelling or row dwelling, to which the proposed new residential building would be ancillary, must only contain one dwelling unit. The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary. 3 Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi- detached dwelling or row dwelling Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi-detached dwelling or row dwelling and that are permitted to contain a single dwelling unit. 1 Proposed new detached dwellings Proposed new residential buildings that would not be attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units. 2 Proposed new semi- detached dwellings or row dwellings Proposed new residential buildings that would have one or two vertical walls, but no other parts, attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units. Page 191 of 239 By-Law 2021-___ Page 3 of 7 2021, and for which development charges were paid. (3) In addition to the restrictions outlined in Subsection 4(1)(e), f or the purposes of the exemption for an additional residential unit in a building ancillary to a proposed new Single Detached, Semi-Detached or Row Townhouse Dwelling, the proposed new Single Detached, Semi-Detached or Row Townhouse Dwelling must be located on a parcel of land on which no other Single Detached, Semi-Detached or Row Townhouse dwelling is or would be located. (4) For the purposes of Subsection 4(1)(e), “parcel of land” means a lot or block within a registered plan of subdivision or draft plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or clause 50 (5) (a) of the Planning Act. b. The following Subsections are added to Section 5 of the by-law: (5) Notwithstanding Subsection 5(1), development charges for rental housing and institutional developments are due and payable in 6 equal installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter. (6) Notwithstanding Subsection 5(1), development charges for non-profit housing developments are due and payable in 21 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter. (7) Notwithstanding subsections 5(1) and 5(3), where the development of land results from the approval of a Site Plan or Zoning By-law Amendment application received on or after January 1, 2020, and the approval of the application occurred within 2 years of building permit issuance, the Development Charges under Section 2 shall be calculated based on the rates set out in Schedule “B” on the date of the planning application. Where both planning applications apply, Development Charges under Section 2 shall be calculated on the rates set out in Page 192 of 239 By-Law 2021-___ Page 4 of 7 Schedule “B” on the date of the later planning application. (8) Interest for the purposes of Subsections 5(5) and 5(6) shall be determined as the Bank of Canada Prime Interest Rate plus 2% as at the April 1st immediately prior to: (a) The date of building permit issuance for installment payments under Section 26.1 of the Act for rental housing, institutional development, and non-profit housing; (9) Notwithstanding Subsection 5(8), the interest rate shall not be less than 0%. (10) For the purposes of Subsection 5(5) “institutional development” means development of a building or structure intended for use: (a) as a long-term care home within the meaning of Subsection 2 (1) of the Long Term Care Homes Act, 2007; (b) as a retirement home within the meaning of Subsection 2(1) of the Retirement Homes Act, 2010. (c) By any institution of the following post-secondary institutions for the objects of the institution: (i) a university in Ontario that receives direct, regular and ongoing operation funding from the Government of Ontario; (ii) a college or university federated or affiliated with a university described in subclause (i); or (iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (e) as a hospice to provide end of life care; (11) For the purposes of Subsection 5(5) “Rental housing” means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises; (12) For the purposes of Subsection 5(6) “Non-profit housing development” Page 193 of 239 By-Law 2021-___ Page 5 of 7 means development of a building or structure intended for use as residential premises by: (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing; (b) a corporation without share capital to which the Canada Not-for- profit Corporation Act applies, that is in good standing under that Act and whose primary objective is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act; c. The following paragraph is added to Subsection 3 (2) of the by-law: (e) land vested in or leased to a university that receives regular and ongoing operating funds from the government for the purposes of post-secondary education if the development in respect of which development charges would otherwise be payable is intended to be occupied and used by the university. d. Schedule “A” is deleted and the attached Schedule “A” substitutes therefore. e. Schedule “B” is deleted and the attached Schedule “B” substitutes therefore. f. This By-law shall come into force and effect on April 1, 2021. READ A FIRST AND SECOND TIME THIS 22nd day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 194 of 239 By-Law 2021-___ Page 6 of 7 SCHEDULE A DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW (1) Roads and Related Services (2) Fire Services (3) Police Services (4) Parks & Recreation Services DESIGNATED MUNICIPAL CLASSES OF SERVICES UNDER THIS BY-LAW (1) Growth-Related Studies Page 195 of 239 By-Law 2021-___ Page 7 of 7 SCHEDULE B SCHEDULE OF DEVELOPMENT CHARGES Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples (per m2 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 Service/Class RESIDENTIAL NON-RESIDENTIAL Page 196 of 239 Page 1 of 4 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A By-Law to impose fees for services provided by The Ontario Provincial Police, Oxford County Detachment on behalf of The Corporation of the Town of Tillsonburg relating to the reduction of false security alarms and to repeal By-Law 3170. WHEREAS pursuant to Section 391 of the Municipal Act, 2001, (the Act) as amended, a municipality and a local board may pass by-laws imposing fees or charges on any class of persons for service or activities provided or done by or on behalf of it pursuant to Section 391 of the Municipal Act; AND WHEREAS pursuant to Section 398 (2) of the Municipal Act, S.O. 2001, c.25 as amended, provides for the addition of fees and charges imposed by the municipality or local board, respectively, to the tax roll for the following property in the local municipality and collect them in the same manner as municipal taxes: any property for which all the owners are responsible for paying the fees and charges; AND WHEREAS Section 345 of the Act authorizes the Council of a local municipality to establish: penalty and interest charges, notice as to time and notice of payment, payment of installments and options; AND WHEREAS the number of false alarms in the Town of Tillsonburg, hereinafter referred to as the Town, has been identified as consuming a significant quantity of OPP resources, which could be better directed to enhancing police presence in the community through the reduction of false alarms; AND WHEREAS response to these false alarms interferes with the ability of the OPP to respond to actual emergencies, posing a threat to officer safety a nd members of the public by creating unnecessary delays; AND WHEREAS Police Services Boards and Municipalities across Ontario are seeking to address false alarms and decrease related calls for service. AND WHEREAS the Town of Tillsonburg deems it expedient to repeal and replace the past by-law for fees and charges related to the response to false alarms; NOW THEREFORE the Town of Tillsonburg hereby enacts as follows: 1. DEFINITIONS Page 197 of 239 By-Law 2021-___ Page 2 of 4 1.1. “ALARM” is any signal activated for the legitimate purpose of notification of a criminal act, an attempted criminal act, or any bonafide emergency situation at a premise. 1.2. “ALARM BUSINESS” means the business by an individual, partnership, corporation or other entity, which sells, leases, maintains, services, repairs, alters, replaces, moves, installs or monitors an “alarm device”, and may include reporting the occurrence of alarms to the “police service”. 1.3. “ALARM DEVICE” means any device or series of devices installed on real property and designed to detect criminal activity or unauthorized entry or emergency which when activated, emits or transmits a local or remote audible, visual or electronic signal intended to alert the “alarm system owner”, summon the police service, whether monitored by an “Alarm Business” or not. This definition does not include an alarm installed in a vehicle or on a person unless the vehicle or personal alarm is permanently located at the premises. 1.4. “ALARM SYSTEM OWNER” means the owner, occupant or lessee of a building, structure or premise that has a security alarm system or the lessee of a security alarm system. 1.5. “BOARD” shall mean the Town of Tillsonburg Police Services Board 1.6. “FALSE ALARM” means any signal from a security alarm system that is reported to the police service, resulting in a false dispatch that is caused by: i) the testing of an alarm without police knowledge and approval; ii) alarms caused by the negligence or carelessness of the Alarm Business, the Alarm System Owner or alarm user; iii) alarms activated due to mechanical failure or improper installation; and/or iv) alarms activated by internal or external atmospheric conditions, vibrations, or power surges. 1.7. “POLICE SERVICE” shall mean the Ontario Provincial Police (OPP), or the Police Service specifically contracted by the Town of Tillsonburg to provide Policing Services. 1.8. “TOWN” means the Town of Tillsonburg. 2. FEES FOR FALSE ALARMS Page 198 of 239 By-Law 2021-___ Page 3 of 4 2.1. Where there is a Police response to a False Alarm, the Alarm System Owner shall be responsible for the fee as set out in Town of Tillsonburg User Fees By- Law. 2.2. An Alarm shall not be classified as a False Alarm, if, within forty-eight (48) hours of the police service response, the Alarm System Owner or an Alarm Business furnishes evidence to the police service that the Alarm was caused by: i) an unauthorized entry or attempted unauthorized entry into the building, structure or facility; ii) an extraordinary circumstance as determined by the police service Detachment Commander or designate. 3. COLLECTION OF FALSE ALARMS FEES 3.1. The police service shall provide the Town of Tillsonburg Administration/ staff with the required information within 28 days of the end of a calendar month, regarding False Alarm occurrences in the preceding month for invoicing and collection purposes. Required information includes at a minimum the address of the call for service. 3.2. Fees shall be invoiced and collected by the Town of Tillsonburg, in accordance with the processes established in the Town of Tillsonburg's current procedures. Invoices shall be printed and mailed to the alarm system owner. Invoices shall be dated on the day of printing and mailed within five (5) days of the date of printing. 3.3. The Town of Tillsonburg will take appropriate steps as provided for in the Municipal Act, 2001 to collect outstanding false alarms fees. 4. APPEALS 4.1. The premises’ owner/occupier may appeal the validity of a determination that an alarm was false by submitting an appeal form or letter in writing, and the prescribed user fee to the Town within thirty (30) days of the date of the invoice. 4.2. The prescribed user fee will be included in the Town of Tillsonburg User Fee By- Law. The fee is non-refundable after submitting the appeal form. 4.3. The Town shall review the appeal within sixty (60) days after the appeal is filed. 4.4. The Town shall decide upon affirmation or the reversal of the assessment of the fees. 4.5. The decision by the Town shall be final and conclusive for all purposes. Page 199 of 239 By-Law 2021-___ Page 4 of 4 4.6. Upon conclusion the Town shall notify the Alarm System Owner and the Board in writing of the decision. 5. PARTIAL INVALIDITY 5.1. If any term of this by-law or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this by-law and/or the application of such term to circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this by-law shall be separately valid and enforceable to the fullest extent permitted by law. 6. ENACTMENT 6.1. The short title of this by-law is the False Alarm Reduction By-Law. 6.2. By-Law 3170 is hereby repealed. 6.3. This By-Law shall be effective June 1, 2021. READ A FIRST AND SECOND TIME THIS 22nd day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 200 of 239 Page 1 of 2 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-__ A BY-LAW to appoint an Acting Fire Chief for the Town of Tillsonburg, and to repeal By-Law 2020-057, To Appoint the previous Fire Chief for the Town of Tillsonburg. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, ch.4, provides that if a Fire Department is established for the whole or a part of a municipality or for more than one municipality, the Council of the municipality may appoint a Fire Chief for the Fire Department who is ultimately responsible for the delivery of fire protection services within the municipality; AND WHEREAS the Fire Protection and Prevention Act, S.O. 1997 provides that a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with this section are being complied with; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it is necessary and expedient to appoint an Acting Fire Chief for the Corporation of the Town of Tillsonburg; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT _________ be and is hereby appointed as Acting Fire Chief for the Corporation of the Town of Tillsonburg to carry out the duties and responsibilities as set out in By-law 3190. 2. THAT any previously enacted By-Laws which are inconsistent with the purpose and intent of this By-Law are hereby amended/repealed. 3. THAT By-Law 2020-057 is hereby repealed in its entirety. 4. THAT this By-Law shall come into full force and effect on the day of passing. Page 201 of 239 By-Law 2021-___ Page 2 of 2 READ A FIRST AND SECOND TIME THIS 22nd day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 202 of 239 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 Safe Restart Agreement (SRA) Phase 2 Municipal Transit Funding program. WHEREAS The Town of Tillsonburg is desirous of entering into the Safe Restart Agreement (SRA) Phase 2 Municipal Transit Funding program Transfer 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 effect on the day of passing. READ A FIRST AND SECOND TIME THIS 22nd day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 203 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA TRANSFER PAYMENT AGREEMENT FOR THE SAFE RESTART AGREEMENT (SRA) – PHASE 2 MUNICIPAL TRANSIT FUNDING THIS TRANSFER PAYMENT AGREEMENT for the Safe Restart Agreement (SRA) – Phase 2 Municipal Transit Funding (the “Agreement”) is effective as of the Effective Date. B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - Corporation of the Town of Tillsonburg (the “Recipient”) BACKGROUND: The Government of Canada (“Canada”) announced, on July 16, 2020, $1 billion in federal funding under the Safe Restart Agreement (SRA) to support Ontario municipal transit systems with COVID-19 pandemic related financial pressures in order to help the province restart the economy, while making Canada more resilient to possible future waves of the COVID-19 pandemic. Under the SRA, the Province of Ontario has agreed to provide up to $1 billion to cost- match the federal funding for a total of up to $2 billion in funding to support Ontario municipal transit systems with COVID-19 pandemic related financial pressures. The Province has provided SRA funding to the Recipient in September 2020 (Phase 1) and will provide the remainder of the Recipient’s allocated SRA funding in Phase 2. The funding for Phase 1 was intended to offer the Recipient immediate assistance towards additional municipal transit expenses the Recipient incurred, as a result of the COVID-19 pandemic, on or after April 1, 2020 and on or before September 30, 2020. The funding for Phase 2, which will be provided to the Recipient in accordance with the terms and conditions set out in the Agreement, is intended to provide the Recipient with assistance for the Financial Impacts (as defined in section 1.2 (Definitions)) the Recipient has incurred during the Eligibility Period (as defined in section A1.2 (Definitions)). Page 204 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 2 of 35 CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules and Sub-schedule to the Agreement. The following schedules and sub-schedule form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Contact Information and Authorized Representatives Schedule “C” - Eligible Expenditures and Ineligible Expenditures Schedule “D” - Claim and Attestation Submission, Supporting Documentation and Payment Procedures Sub-schedule “D.1” - Claim and Attestation Form. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; or (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.2 Electronic Execution and Delivery of Agreement. (a) The Agreement may: Page 205 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 3 of 35 (i) be executed and delivered by scanning the manually signed Agreement as a PDF and delivering it by email to the other Party; or (ii) subject to the Province’s prior written consent, be executed and delivered electronically to the other Party. (b) The respective electronic signature of the Parties is the legal equivalent of a manual signature. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreement. An amending agreement for changes to the Agreement may be duly executed by the representatives of the Parties listed on the signature page below or in Schedule “B” (Contact Information and Authorized Representatives). 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient with the Financial Impacts of the COVID-19 pandemic on the Recipient’s transit system and not to provide goods or services to the Province; (b) the Province is not responsible for the Recipient’s transit system, including any Financial Impact; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Recipient’s transit system, any Financial Impact or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Recipient’s transit system, any Financial Impact or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 206 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 4 of 35 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario _________________ ____________________________________ Date Name: Caroline Mulroney Title: Minister CORPORATION OF THE TOWN OF TILLSONBURG _________________ ____________________________________ Date Name: Stephen B. Molnar Title: Mayor I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Michelle Smibert Title: Clerk I have authority to bind the Recipient. Page 207 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 5 of 35 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement, entered into between the Province and the Recipient, all of the schedules and the sub-schedule listed in section 1.1 (Schedules and Sub-schedule to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Recipient’s transit system, any Financial Impact, or the Agreement. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials in respect of the Agreement. Page 208 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 6 of 35 “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the costs of the Financial Impacts that are eligible for funding by the Province under the Agreement, and that are further described in section C2.1 (Scope of Eligible Expenditures). “Eligibility Period” means the period starting on or after October 1, 2020 and ending on or before March 31, 2021. “Event of Default” has the meaning ascribed to it in section A12.1 (Events of Default). “Expiry Date” means March 31, 2022. “Financial Impacts” means the net revenue losses and additional net operating and capital costs the Recipient has incurred in respect of the Recipient’s municipal transit system as a result of the COVID-19 pandemic. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Ineligible Expenditures” means the costs that are ineligible for funding by the Province under the Agreement, and that are further described in section C3.1 (Scope of Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Recipient’s transit system, any Financial Impact or with any other part of the Agreement. “Low-performing Route” means any bus route deemed by a Recipient as not meeting service objectives or where service has been reduced or cancelled for not meeting service objectives. “Maximum Funds” means $36,051. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4 (Recipient not Remedying). Page 209 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 7 of 35 “On-demand Microtransit” means small scale, flexible transportation services where rides are ordered on-demand. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Recipient’s transit system, any Financial Impact or with any other part of the Agreement. “Records Review” means any assessment the Province conducts pursuant to section A7.4 (Records Review). “Reports” means the reports described in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. “SRA Phase 1 Contribution” means the funding for the SRA Phase 1 the Province provided to the Recipient in September 2020 and that is further described in the 4th paragraph of the Background to the Agreement. A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it has, and will continue to have, the experience and expertise necessary to operate its transit system; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Recipient’s transit system, Financial Impacts, and the Funds; (c) if Funds are used for acquired goods or services, or both, these were acquired in compliance with the Recipient’s policies and procedures and, to the extent possible under the COVID-19 pandemic unprecedented times, through a process that promotes the best value for the money; (d) it is in compliance with the insurance requirements set out in section A10.1 (Recipient’s Insurance); and Page 210 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 8 of 35 (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds including, without limitation, information relating to any eligibility requirements, the Recipient’s transit system, any Financial Impact and related timelines was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage the Funds prudently and effectively; (b) procedures to address any identified risks to the Recipient’s ability to claim Eligible Expenditures within the Eligibility Period, all in a timely manner; (c) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0 (Reporting, Accounting and Review); and (d) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice) or Article A12.0 (Event of Default, Corrective Action, and Termination for Default). Page 211 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 9 of 35 A4.0 FUNDS A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for Eligible Expenditures; (b) provide the Funds to the Recipient in accordance with the payment procedures in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided): (a) in addition to any other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide any Funds to the Recipient unless the Recipient fulfils the special conditions listed in section A27.1 (Special Conditions); (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of one or more of the following events: (i) of the information the Recipient provides to the Province pursuant to section A7.2 (Preparation and Submission); and (ii) the SRA Phase 1 Contribution funding provided to the Recipient exceeds the additional municipal transit expenses the Recipient incurred, as a result of the COVID-19 pandemic, on or after April 1, 2020 and on or before September 30, 2020. A4.3 Use of Funds. The Recipient will do all of the following: (a) spend the Funds only on Eligible Expenditures; and (b) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. Page 212 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 10 of 35 A4.4 SRA Phase 1 Contribution, Rebates, Credits and Refunds. The Province will calculate Funds based on the actual losses or costs to the Recipient for the Financial Impacts, less any actual losses or costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, SRA Phase 1 Contribution, a rebate, credit or refund. A4.5 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A5.0 RECIPIENT’S DISPOSAL OF ASSETS A5.1 Disposal. The Recipient will not, without the Province’s prior written consent and prior to the Expiry Date or earlier termination of the Agreement, sell, lease, or otherwise dispose of any asset purchased or created with the Funds. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient represents and warrants that there is and there will continue to be no conflict of interest in respect of any Eligible Expenditures claimed under the Agreement or the Financial Impacts and that the Recipient will use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient; or (a) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Eligible Expenditures claimed under the Agreement, the Financial Impacts or the use of the Funds. Page 213 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 11 of 35 A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (a) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4 (Records Review), A7.5 (Inspection and Removal) and A7.6 (Cooperation), “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “D” (Claim and Attestation Submission, Supporting Documentation and Payment Procedures); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles in effect in Canada or with the public sector accounting standards approved or recommended by the Public Sector Accounting Board including, without limitation, its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement or Financial Impacts; and Page 214 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 12 of 35 (b) all non-financial records and documents relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement or Financial Impacts. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; and (b) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3 (Record Maintenance); and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents including, without limitation, paid invoices and original receipts, wherever they are located; (b) assisting the Province in copying records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). Page 215 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 13 of 35 A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Agreement-related publications whether written, oral or visual: (a) acknowledge the support of the Province for the Funds provided under the Agreement; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A8.2 Request from the Province in Respect of Communications Activities. The Recipient will, upon Notice from the Province, provide the Province with any information the Province may request in respect of any Communications Activities. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient is responsible for its own insurance and has been carrying, at its own costs and expense, and requiring the same from its subcontractors, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Indemnified Parties and support the Recipient’s indemnification set out in section A9.1 (Indemnification). For greater certainty, the Recipient is not covered by the Province of Ontario's insurance program and no protection will be afforded to the Recipient by the Government of Ontario for any Loss or Proceeding that may arise out of the Financial Impacts or the Agreement. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. Page 216 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 14 of 35 A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement including, without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) use or spend any of the Funds or related interest for a purpose other than that contemplated under the Agreement without the prior written consent of the Province; or (b) provide, in accordance with section A7.2 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A7.2(b). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) provide the Recipient with an opportunity to remedy the Event of Default; (b) suspend the payment of Funds for such period as the Province determines appropriate; (c) reduce the amount of the Funds; (d) cancel all further instalments of Funds; (e) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (f) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; Page 217 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 15 of 35 (g) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (h) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with paragraph A12.2(a), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A12.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A12.2(a), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i). A12.5 When Termination Effective. Termination under this Article A12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A13.0 FUNDS UPON EXPIRY A13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds and SRA Phase 1 Contribution and related interest remaining in its possession or under its control. Page 218 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 16 of 35 A14.0 DEBT DUE AND PAYMENT A14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or SRA Phase 1 Contribution, or an amount equal to any Funds or SRA Phase 1 Contribution to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A14.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B” (Contact Information and Authorized Representatives). A14.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A15.0 NOTICE A15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; Page 219 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 17 of 35 (b) delivered by email, postage-prepaid mail, personal delivery or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Contact Information and Authorized Representatives), or as either Party later designates to the other by Notice. A15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; and (b) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A15.3 Postal Disruption. Despite paragraph A15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or courier. A16.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A16.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A17.0 SEVERABILITY OF PROVISIONS A17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A18.0 WAIVER A18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. Page 220 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 18 of 35 A18.2 Waiver Applies. If in response to a request made pursuant to section A18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A19.0 INDEPENDENT PARTIES A19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A21.0 GOVERNING LAW A21.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A22.0 FURTHER ASSURANCES A22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and Page 221 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 19 of 35 (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A23.0 JOINT AND SEVERAL LIABILITY A23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A24.0 RIGHTS AND REMEDIES CUMULATIVE A24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. Page 222 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 20 of 35 A26.0 SURVIVAL A26.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0 (Entire Agreement), paragraph 3.2(b), Articles 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgment), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph A2.1(a), sections A4.4 (SRA Phase 1 Contribution, Rebates, Credits and Refunds), A5.1 (Disposal), A7.1 (Province Includes), A7.2 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.3 (Record Maintenance), A7.4 (Records Review), A7.5 (Inspection and Removal), A7.6 (Cooperation), A7.7 (No Control of Records), A7.8 (Auditor General), Articles A8.0 (Communications Requirements) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province) and A12.1 (Events of Default), paragraphs A12.2 (b), (c), (d), (e), (f), (g), (h) and (i), Articles A13.0 (Funds Upon Expiry), A14.0 (Debt Due and Payment), A15.0 (Notice) and A17.0 (Severability of Provisions), section A20.2 (Agreement Binding), Articles A21.0 (Governing Law), A23.0 (Joint and Several Liability), and A24.0 (Rights and Remedies Cumulative), and this Article A26.0 (Survival). A27.0 SPECIAL CONDITIONS A27.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient providing the Province with: (i) a copy of the by-law(s) and, if applicable, any council resolution(s) authorizing the execution of the Agreement by the Recipient; (ii) the necessary information, including a void cheque or a blank letter, to facilitate an electronic transfer to an interest-bearing account in the name of the Recipient at a Canadian financial institution; and (iii) the reporting form required for Phase 1 with the details on the use of the SRA Phase 1 Contribution and a forecast of Eligible Expenditures for the Eligibility Period; and (b) the Recipient, together with its claim for payment and to promote ridership growth and transit sustainability objectives, providing the Province with an attestation that the Recipient: Page 223 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 21 of 35 (i) has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items; (ii) has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve Low-performing Routes or cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews; (iii) has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient; (iv) has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience; and (v) has requested in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. For greater certainty, if the Province provides any Funds to the Recipient prior to any of the conditions set out in this Article A27.0 (Special Conditions) having been met, and has not otherwise waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A12.4 (Recipient Not Remedying). - END OF GENERAL TERMS AND CONDITIONS - Page 224 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 22 of 35 SCHEDULE “B” CONTACT INFORMATION AND AUTHORIZED REPRESENTATIVES Contact information for the purposes of Notice to the Province Address: Strategic Investments Office Ministry of Transportation 777 Bay, 30th Floor Toronto, ON M7A 2J8 Attention: Kevin Dowling, Manager, Strategic Investments Office Phone: (416) 859-7912 Email: kevin.dowling@ontario.ca Contact information for the purposes of Notice to the Recipient Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Michelle Smibert, Clerk Phone: (519) 688-3009 x4040 Email: msmibert@tillsonburg.ca Contact information for the senior financial official in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province in respect of the Agreement Address: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Sheena Pawliwec, Director of Finance/Treasurer Phone: (519) 688-3009 x4011 Email: spawliwec@tillsonburg.ca Authorized representative of the Province for the purpose of section 4.2 (Execution of Amending Agreements) Position: Director, Municipal Programs Branch, Ministry of Transportation Authorized representative of the Recipient for the purpose of section 4.2 (Execution of Amending Agreements) Position: Clerk Page 225 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 23 of 35 SCHEDULE “C” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES C1.0 Definitions. In this Schedule “C” (Eligible Expenditures and Ineligible Expenditures), the following terms will have the following meanings: “MTEC” means the Municipal Transit Enhanced Cleaning (MTEC) funding provided to Ontario municipalities for costs incurred related to the enhanced cleaning of transit vehicles and any other public and non-public facing transit assets resulting from the COVID-19 pandemic. “Operating Budget” means the Recipient’s 2020 operating budget which has been prepared and adopted by the Recipient as required by section 290(1) of the Municipal Act, 2001. C2.0 ELIGIBLE EXPENDITURES C2.1 Scope of Eligible Expenditures. Eligible Expenditures include, at the Province’s sole discretion, the following Financial Impacts incurred during the Eligibility Period: Revenue Losses (a) The following revenue losses measured against the Operating Budget (i.e., (revenue amount in the Operating Budget minus the actual revenue amount during the Eligibility Period) minus the non-COVID-19 pandemic revenue amount = the eligible revenue loss amount), that, in the opinion of the Province, the Recipient properly and reasonably incurred as a result of the COVID-19 pandemic will be considered Eligible Expenditures: (i) farebox revenue losses; (ii) advertising revenue losses; (iii) parking revenue losses; (iv) contract revenue losses; and (v) any other revenue loss the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Page 226 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 24 of 35 Operating Costs (b) The following operating costs measured against the Operating Budget (i.e., (operating costs amount in the Operating Budget minus the actual operating costs amount during the Eligibility Period) minus the non-COVID-19 pandemic operating costs amount = the eligible operating costs amount) that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic will be considered Eligible Expenditures: (i) costs associated with vehicle cleaning, except for those for which MTEC funds have been provided or claimed; (ii) costs associated with changes in fuel consumption (e.g., increases due to running additional buses or savings in consumption relating to lower service levels than budgeted, or both); (iii) costs associated with vehicle maintenance; (iv) costs associated with transit facilities; (v) costs resulting from existing contracts with expanded scope/new contracts; (vi) employee related costs (i.e., salaries, wages, benefits); (vii) costs for employee personal protection equipment (e.g., face masks, gloves, sanitizer); (viii) costs for signage and other means of communications related to the COVID-19 pandemic (e.g., social distance guidance); and (ix) any other operating cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Capital Costs (c) The following capital costs that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic, will be considered Eligible Expenditures: (i) costs associated with installing driver protection barriers and other protection measures for transit drivers; (ii) costs associated with providing passenger protection equipment and other passenger safety measures; and Page 227 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 25 of 35 (iii) any other capital cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. C3.0 INELIGIBLE EXPENDITURES C3.1 Scope of Ineligible Expenditures. Unless a cost or a loss is considered an Eligible Expenditure pursuant to section C2.1 (Scope of Eligible Expenditures), such cost or loss will be considered an Ineligible Expenditure. Without limitation, the following costs and loss will be considered Ineligible Expenditures: (a) costs incurred outside of the Eligibility Period; (b) costs not paid prior to having been submitted to the Province for payment; (c) Recipient’s staff, including permanent and seasonal, salaries and travel costs unless otherwise indicated in paragraph (b)(vi) of section C2.1 (Scope of Eligible Expenditures); (d) legal, audit, or interest fees; (e) costs for which MTEC funds have been provided or claimed; (f) any operating or capital cost that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred or paid, or both, during the Eligibility Period and as a result of the COVID-19 pandemic (i.e., excess purchases or stockpiling); (g) any loss that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred during the Eligibility Period and as a result of the COVID-19 pandemic; (h) refundable Harmonized Sales Tax or other refundable expenses; and (i) any other cost which is not specifically listed as an Eligible Expenditure under section C2.1 (Scope of Eligible Expenditure) and which, in the opinion of the Province, is considered ineligible. Page 228 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 26 of 35 SCHEDULE “D” CLAIM AND ATTESTATION SUBMISSION, SUPPORTING DOCUMENTATION AND PAYMENT PROCEDURES D1.0 CLAIM AND ATTESTATION D1.1 Claim and Attestation from the Recipient’s Senior Financial Official. The Recipient will use the form in Sub-schedule “D.1” (Claim and Attestation Form) for the submission of its claim for payment. D2.0 SUPPORTING DOCUMENTATION D2.1 Report on Expenditures and Additional Report and Information. The Recipient will, together with the claim form described in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official), submit the following supporting documentation with its claim for payment: (a) a report on expenditures using the form in Appendix A (Form of Report on Expenditures) to Sub-schedule “D.1” (Claim and Attestation Form); and (b) any additional reports or information, or both, the Province may request at its sole discretion and in a form provided by the Province. D3.0 PAYMENT PROCEDURES D3.1 Submission of Claim for Payment and Required Documentation. The Recipient will submit its claim for payment, together with the supporting documentation set out in section D1.1 (Claim and Attestation from the Recipient’s Senior Financial Official) and section D2.1 (Report on Expenditures and Additional Report and Information) on or before May 31, 2021, or at a later date upon Notice from the representative of the Province on the signature page above or in Schedule “B” (Contact Information and Authorized Representatives). D3.2 Claim Payments. Subject to the terms and conditions set out in the Agreement and if due and owing under the Agreement, the Province will use its reasonable efforts to make the payment to the Recipient for the claim submitted pursuant to section D3.1 (Submission of Claim for Payment and Required Documentation) in a timely manner. D3.3 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in section D3.2 (Claim Payments). Page 229 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 27 of 35 D3.4 No Obligation to Pay. For greater clarity and without limitation to any other right of the Province, the Province will have no obligation to pay a claim if it does not meet the terms and conditions of the Agreement including, without limitation, if the claim is missing any of the required supporting documentation or is submitted after May 31, 2021, or at a later date upon Notice from the representative of the Province on the signature page above or in Schedule “B” (Contact Information and Authorized Representatives), or both. Page 230 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 28 of 35 SUB-SCHEDULE “D.1” CLAIM AND ATTESTATION FORM TO: Ministry of Transportation Transportation Programs Office Attention: Manager, Transportation Programs Office Email: MTO-COVID_Transit_Funding@ontario.ca FROM: [Insert name of Recipient] Attention: [insert name and title of Recipient senior official] Telephone No.: [insert telephone number of Recipient senior official] RE: Safe Restart Agreement – Phase 2 Municipal Transit Funding In the matter of the Safe Restart Agreement (SRA) – Phase 2 Municipal Transit Funding entered into between Her Majesty the Queen in right of Ontario, represented by the Minister of Transportation for the Province of Ontario, and the [insert the legal name of the Recipient] (the “Recipient”), on ____________, _____ (the “Agreement). I, ____________________ [insert the name and title of the Recipient’s senior official], an authorized representative of the Recipient, having made such inquiries as I have deemed necessary for this attestation, hereby certify that to the best of my knowledge, information and belief. On the date set out below: 1) all representations and warranties contained in Article A2.0 (Representations, Warranties, and Covenants) of Schedule “A” (General Terms and Conditions) to the Agreement are true and correct. 2) the Recipient is in compliance with all the terms and conditions of the Agreement.; 3) the information in respect of the Eligible Expenditures that is contained in the attached Appendix A (Report on Expenditures) is true and correct. 4) the Eligible Expenditures claimed in the attached Appendix A (Report on Expenditures) have: (a) in respect of the losses, been incurred during the Eligibility Period; Page 231 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 29 of 35 (b) in respect of the operating and capital costs, been incurred during the Eligibility Period; (c) have only been expended on Financial Impacts as defined in section A1.2 (Definitions) of the Agreement; (d) have not been and will not be funded or reimbursed through any other funding program; and (e) have not replaced the budgeted subsidy that the Recipient provides to transit operations. 5) the Recipient has not received and will not receive SRA Phase 1 Contribution, a rebate, credit or refund for any Eligible Expenditures claimed or, if it did, those were deducted from the Eligible Expenditures claimed. 6) the Recipient is in compliance with all of the reporting requirements of the Agreement. 7) the Recipient: (a) has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items; (b) has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve Low-performing Routes, cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews; (c) has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient; (d) has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience; and (e) has requested, in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. Page 232 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 30 of 35 By signing below, I hereby claim payment in the amount of $ _________, on behalf of the Recipient, on account of the Province’s contribution towards the Eligible Expenditures of the Agreement. Declared at ____________ (city), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ Name: Title: I have authority to bind the Recipient. Page 233 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA APPENDIX A FORM OF REPORT ON EXPENDITURES TO SUB-SCHEDULE “D.1” (CLAIM AND ATTESTATION FORM) Safe Restart Agreement (SRA) Phase 2 Municipal Transit Funding Expenditure Report for the Eligibility Period Date: Recipient's Name: Total Funds Allocated: Total Funds Claimed: Remaining Allocation: Page 234 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 32 of 35 See Schedule "C" (Eligible Expenditures & Ineligible Expenditures, including Articles C2.0 (Eligible Expenditures) & C 3.0 (Ineligible Expenditures) for details on Eligible Expenditures & Ineligible Expenditures October 2020 November 2020 December 2020 January 2021 February 2021 March 2021 [Note: If the Eligibility Period is extended pursuant to section 1.2 (Definitions) of the Agreement, add a new column for each additional month] Total Revenue Losses Farebox Advertising Parking Contracts (e.g., school) Other Revenue1 Operating Costs Vehicle Cleaning2 Changes in Fuel Consumption Vehicle Maintenance Transit Facilities Existing Contracts with Expanding Scope/New Contracts Employee Employee PPE Page 235 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 33 of 35 Communicatio ns Other Operating Costs3 Capital Costs Driver Protection Passenger Protection Other Capital Costs 4 Net Monthly Impact - Pressure/(Savings): Cumulative Impact - Pressure/(Savings): 1Other revenue impacts beyond those listed above 2Cleaning costs beyond costs reimbursed through Municipal Transit Enhancement Cleaning funding 3Additional COVID related operating costs beyond those listed above 4See workbook tab and/or comments for details The Recipient attests to the following conditions from the drop-down menu, as outlined in Schedule A (General Terms and Conditions), paragraph 27.1(b) of the Transfer Payment Agreement, Condition Select Has engaged or will engage, as requested and in a manner to be specified by the Province, including share information, with the Province to determine the benefit of optional consolidated procurement of specific COVID-19 pandemic related items. Has considered or will consider whether On-demand Microtransit, or other service innovations, would better serve low-performing, cancelled or new routes than traditional fixed-route service as part of the Recipient’s regular service reviews. Page 236 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 34 of 35 Has engaged or will engage, as requested and in a manner to be specified by the Province, with the Province or Metrolinx, or both, on lessons learned and capacity building to support future consideration of On-demand Microtransit by the Recipient. Has participated or will participate, as requested and in a manner to be specified by the Province, in discussions lead by the Province or Metrolinx, or both, on improved fare and service integration and work toward implementing options that would improve the rider experience. Has requested, in writing, provincial assistance in discussions to transform transit delivery between neighboring municipal governments, where there is a local interest and benefit to pursuing structural reforms. Results Achieved with Provincial Funding: Additional Comments: Conclusion: Page 237 of 239 Town of Tillsonburg and Ontario SRA Phase 2 TPA Page 35 of 35 Recommended for payment: Date: [insert/print the name and title of the Recipient’s authorized representative] Recommended for payment: Date: [insert/print the name of the Director] Director, Ministry of Transportation Page 238 of 239 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-035 A BY-LAW to confirm the proceedings of Council at its meeting held on the 22 day of March, 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 March 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 MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF MARCH, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 239 of 239