Regular Council Agenda Packet 2015-03-23Table of Contents
Agenda 4
Regular Council Minutes 2015-03-09
Regular Council Minutes 2015-03-09 14
RCP 15-10 - Memorial Park Area Conceptual Master Plan
Report RCP 15-05 - Memorial Park Area Conceptual
Master Plan 21
Conceptual Master Plan Phase 1 23
Memorial Park Conceptual Design Report 24
Tillsonburg Hub Consortium Correspondence for
Information 67
FIN 15-15 April 1, 2015 Development Charge Rates
FIN 15-15 April 1 2015 Development Charge Rates 68
DC Rates Apr 2015 to Mar 2016 69
DC Rates - Oxford County Apr 1 2015 70
Woodstock Accessibility Advisory Committee - Canada Post
Community Box Initiative
Woodstock Accessibility Advisory Committee - Canada
Post Community Box Initiative 72
2015 Premier’s Award for Agri-Food Innovation Excellence –
Application Intake
2015 Premier’s Award for Agri-Food Innovation
Excellence – Application Intake 73
MYR 15-03 Update - County of Oxford
MYR 15-03 Update - County of Oxford 76
CAO 15-08 Community Transportation Pilot Grant Program
Transfer Payment Agreement
Community Transportation Pilot Grant Program
Transfer Payment Agreement 78
Agreement 80
CAO 15-05 Town Hall Steering Committee
Town Hall Steering Committee 115
Lease Expansion and Amending Agreement 117
CL 15-08 Indemnification By-Law
CL 15-08 Indemnification By-Law 120
By-Law 3888 Indemnification By-Law 122
CL 15-09 VoterView
CL 15-09 VoterView 127
Voter List Management Services Agreement 129
CL 15-11 Airport Advisory Committee
CL 15-11 Airport Advisory Committee 136
Airport Advisory Committee Terms of Reference 2015 138
CSP 15-01 Community Strategic Plan Update
CSP 15-01 Community Strategic Plan Update 142
FIN 15-14 Liability for Vacation Pay
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FIN 15-14 Liability for Vacation Pay 145
FIN 15-16 BIA Debt Refinancing
FIN 15-16 BIA Debt Refinancing 148
Updated ARL 032315 149
Bylaw 3890 issuance of debt 032315 151
FIN 15-12 2014 Remuneration and Expenses
FIN 15-12 2014 Remuneration and Expenses 153
2014 Remuneration and Expenses 154
FIN 15-11 2014 Development Charges Annual Statement
FIN 15-11 2014 Development Charges Annual
Statement 155
2014 DC Reserve Fund Statement 156
OPS 15-06 Results for Tender # T2015-002 Trottier Stage 3
Reconstruction
OPS 15-06 Results for Tender # T2015-002 Trottier
Stage 3 Reconstruction 162
OPS 15-07 Revised Pre-Servicing and Subdivision Agreement
Templates
OPS 15-07 Revised Pre-Servicing and Subdivision
Agreement Templates 166
Attachment 1 - Pre-Servicing Agreement Template 169
Attachment 2 - Subdivision Agreement Template 183
RCP 15-11 – Sole or Single Source Procurement Authorizations
RCP 15-11 - Sole or Single Source Procurement
Authorizations 224
RCP 15-12 – Amendment to the Municipal Alcohol Policy
RCP 15-12 - Amendment to the Municipal Alcohol
Policy 227
By-law 3565 - To Adopt the Town of Tillsonburg
Municipal Alcohol Policy (MAP)229
FIN 15-13 2015 County Tax Policy
FIN 15-13 2015 County Tax Policy 249
CS 2015-10 2015 Tax Policy 250
Committee Minutes
January 8, 2015 - Heritage, Beautification and
Cemetery Committee Minutes 277
February 4, 2015 - LPRCA Minutes 279
By-Law 3888, To Provide for Indemnification of Council and
Employees of the Town of Tillsonburg
By-Law 3888 285
By-Law 3889, To Authorize a Voter List Management Service
Agreement
Voter List Management Service Agreement 290
By-Law 3889, To Authorize a Voter List Management
Service Agreement 297
By-Law 3890 To Authorize the Issuance of Debt
Bylaw 3890 issuance of debt 032315 298
By-Law 3891 - Seniors Centre Addendum
2
By-Law 3891 300
Schedule A and B to By-Law 3891 301
By-Law 3892 (Encroachment with CBC)
By-Law 3892 306
Schedule A to By-Law 3892 307
By-Law 3893 (Alcohol Policy)
By-Law 3893 311
Schedule A to By-Law 3893 312
By-Law 3895 (Transportation Funding)
By-Law 3895 337
By-Law 3894 (Confirming)
By-Law 3894 338
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1.Call to Order
2.Adoption of Agenda
Moved By:Seconded By:
Proposed Resolution #1
THAT the Agenda as prepared for the Council meeting of Monday, March 23, 2015, be
adopted.
3.Moment of Silence
4.Disclosures of Pecuniary Interest and the General Nature Thereof
5.Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of March 9, 2015
Regular Council Minutes 2015-03-09
Moved By: Seconded By:
Proposed Resolution #
THAT the Minutes of the Council Meeting of March 9, 2015, be approved.
6.Delegations and Presentations
6.1. RCP 15-10 Memorial Park Area Conceptual Master Plan
Presented By: Ron Koudy's Landscape Architecs Inc.
RCP 15-10 Memorial Park Area Conceptual Master Plan
Conceptual Master Plan Phase 1
Memorial Park Conceptual Design Report
Tillsonburg Hub Consortium Correspondence for Information
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, March 23, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA
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March 23, 2015 Council Meeting – Agenda - 2 -
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive Report RCP 15-05 – Memorial Park Area Conceptual Master Plan
as information.
7. Information Items
7.1. FIN 15-15 April 1 2015 Development Charge Rates
DC Rates April 2015 to March 2016
DC Rates - Oxford County April 1, 2015
7.2. Woodstock Accessibility Advisory Committee - Canada Post Community Box Initiative
7.3. 2015 Premier’s Award for Agri-Food Innovation Excellence – Application Intake
8. Mayor
8.1. MYR 15-03 Update - County of Oxford
MYR 15-03 Update - County of Oxford
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report MYR 15-03 as information.
9. Reports from Departments
9.1. Chief Administrative Officer
9.1.1. CAO 15-08 Community Transportation Pilot Grant Program Transfer Payment
Agreement
Community Transportation Pilot Grant Program Transfer Payment Agreement
Agreement
Moved By: Seconded By:
Proposed Resolution #
THAT the Town of Tillsonburg Council receive report CAO 15-08, Community
Transportation Pilot Grant Program Transfer Payment Agreement;
AND THAT the Town of Tillsonburg Council authorizes the Mayor and Clerk to
sign the Community Transportation Pilot Grant Program Transfer Payment
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March 23, 2015 Council Meeting – Agenda - 3 -
Agreement between Her Majesty the Queen in right of the Province of Ontario
and the Town of Tillsonburg;
AND FURTHER THAT the Town of Tillsonburg Council adopt a by-law
authorizing the Mayor and Clerk to sign the Community Transportation Pilot
Grant Program Transfer Payment Agreement.
9.1.2. CAO 15-05 Town Hall Steering Committee
CAO 15-05 Town Hall Steering Committee
Lease Expansion and Amending Agreement
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report CAO 15-05 Town Hall Steering Committee;
AND THAT Council direct the Chief Administrative Officer to begin the process of
planning for a Town Hall by establishing a Town Hall Steering Committee;
AND THAT Council direct the Chief Administrative Officer to prepare terms of
reference for a Town Hall Steering Committee to include committee composition,
public engagement process, site identification, budget, funding sources, possible
joint use, and at the appropriate time the preparation and oversight of a Request
for Proposal (RFP) for the provision of a Town Hall Feasibility Study which may
include an analysis of future floor space requirements for a Town Hall,
conceptual design, a detailed cost estimate and a schedule for the
construction/renovation of a building.
9.2. Clerk’s Office
9.2.1. CL 15-08 Indemnification By-Law
CL 15-08 Indemnification By-Law
By-Law 3888 Indemnification By-Law
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report CL 15-08 Indemnification By-law;
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March 23, 2015 Council Meeting – Agenda - 4 -
AND THAT the By-Law be brought forward for Council consideration.
9.2.2. CL 15-09 VoterView
CL 15-09 VoterView
Voter List Management Services Agreement
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives Report CL 15-09 Voterview;
AND THAT a By-Law be brought forward for Council consideration, to authorize
the Mayor and Clerk to enter into a Voter List Management Services Agreement
with Comprint Systems Inc.
9.2.3. CL 15-11 Airport Advisory Committee
CL 15-11 Airport Advisory Committee
Airport Advisory Committee Terms of Reference 2015
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive report CL 15-11 Airport Advisory Committee;
AND THAT staff be directed to bring back a list of citizens who have expressed
interest in the Airport Advisory Committee for Council consideration.
9.2.4. CSP 15-01 Community Strategic Plan Update
CSP 15-01 Community Strategic Plan Update
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive report CSP 15-01 Community Strategic Plan Update.
9.3. Finance
9.3.1. FIN 15-14 Liability for Vacation Pay
FIN 15-14 Liability for Vacation Pay
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March 23, 2015 Council Meeting – Agenda - 5 -
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive Report FIN 15-14 Liability for Vacation Pay as information.
9.3.2. FIN 15-16 BIA Debt Refinancing
FIN 15-16 BIA Debt Refinancing
Updated ARL
Bylaw 3890
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report FIN 15-16 BIA Debt Refinancing.
AND THAT Council receives the updated annual repayment limit calculation;
AND THAT By-Law 3890 be brought forward for Council consideration.
9.3.3. FIN 15-12 2014 Remuneration and Expenses
FIN 15-12 2014 Remuneration and Expenses
2014 Remuneration and Expenses
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report FIN 15-12 2014 Remuneration and Expenses as
information.
9.3.4. FIN 15-11 2014 Development Charges Annual Statement
FIN 15-11 2014 Development Charges Annual Statement
2014 DC Reserve Fund Statement
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report FIN15-11 2014 Development Charges Annual
Statement as information;
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March 23, 2015 Council Meeting – Agenda - 6 -
AND THAT the Director of Finance be directed to file the annual statement with
the Minister of Municipal Affairs and Housing within 60 days after the statement
has been received by Council.
9.4. Operations
9.4.1. OPS 15-06 Results for Tender # T2015-002 Trottier Stage 3 Reconstruction
OPS 15-06 Results for Tender # T2015-002 Trottier Stage 3 Reconstruction
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive Report OPS 15-06, Results for Tender # T2015-002
Trottier Stage 3 Reconstruction;
AND THAT Council award Tender # T2015-002 to Elgin Construction of St.
Thomas, Ontario at a cost of $691,601.03 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT a By-law authorizing Mayor and Clerk to enter into an agreement with
Elgin Construction for the reconstruction of Richard and Denis Court and Lady
Avenue be brought forward for Council consideration.
9.4.2. OPS 15-07 Revised Pre-Servicing and Subdivision Agreement Templates
OPS 15-07 Revised Pre-Servicing and Subdivision Agreement Templates
Attachment 1 - Pre-Servicing Agreement Template
Attachment 2 - Subdivision Agreement Template
Moved By: Seconded By:
Proposed Resolution #
THAT Council receive Report OPS 15-07 Revised Pre-Servicing and Subdivision
Agreement Templates;
AND THAT Council approves the form of the Pre-Servicing and Subdivision
Agreement templates;
AND THAT Council grant staff the authority afforded to them within the form of
agreements to pursue and enforce the provisions thereof.
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March 23, 2015 Council Meeting – Agenda - 7 -
9.5. Recreation, Culture & Park Services
9.5.1. RCP 15-11 Sole or Single Source Procurement Authorizations
RCP 15-11 Sole or Single Source Procurement Authorizations
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives Report RCP 15-11 Sole or Single Source Procurement
Authorizations;
AND THAT Council authorize staff be authorized to procure the products and
services listed in Report RCP 15-11 from the indicated sole or single source.
9.5.2. RCP 15-12 Amendment to the Municipal Alcohol Policy
RCP 15-12 Amendment to the Municipal Alcohol Policy
By-law 3565, To Adopt the Town of Tillsonburg Municipal Alcohol Policy (MAP)
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives Report RCP 15-12 Amendment to the Municipal Alcohol
Policy;
AND THAT Council amends the Municipal Alcohol Policy as outlined in the
report;
AND THAT an amending by-law is brought forward for consideration.
10. Staff Information Reports
10.1. FIN 15-13 2015 County Tax Policy
FIN 15-13 2015 County Tax Policy
CS 2015-10 2015 Tax Policy
Moved By: Seconded By:
Proposed Resolution #
THAT Council receives report FIN 15-13 2015 County Tax Policy as information.
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March 23, 2015 Council Meeting – Agenda - 8 -
11. Committee Minutes & Reports
11.1. Committee Minutes
January 8, 2015 - Heritage, Beautification and Cemetery Committee Minutes
February 4, 2015 - LPRCA Minutes
12. Notice of Motions
12.1. Notice of Motion
12.2. Notice of Motion for which previous Notice was given.
Moved By: Councillor Rosehart Seconded By:
Proposed Resolution #
THAT staff bring back a report regarding the feasibility of a Fire Services
Committee;
AND THAT if required a draft Terms of Reference for the Fire Services
Committee be brought forward for review.
Moved By: Councillor Rosehart Seconded By:
Proposed Resolution #
THAT Staff review the possibility of two hours parking along the south side of
municipal parking Lot 7A located on the east side of the Town Centre Mall;
AND THAT a report be brought back for Councils consideration.
Moved By: Councillor Adam Seconded By:
Proposed Resolution #
THAT Staff provide a report regarding the development of a dog park on
municipal lands and/or through community partnerships.
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March 23, 2015 Council Meeting – Agenda - 9 -
13.By-Laws
By-Laws from the Meeting of Monday, March 23, 2015
Moved By:Seconded By:
Proposed Resolution #
THAT By-Law 3888, to provide for Indemnification of Council and Employees of the Town of
Tillsonburg;
AND By-Law 3889, to authorize a Voter List Management Service Agreement;
AND By-Law 3890, to authorize the Issuance of Debt;
AND By-Law 3891, to adopt an addendum to the Memorandum of Understanding with the
Tillsonburg Seniors Centre (Schedule A and B to By-Law 3891);
AND By-Law 3892, to authorize an encroachment agreement with the Canadian
Broadcasting Corporation (Schedule A to By-Law 3892);
AND By-Law 3893, to adopt the Town of Tillsonburg Municipal Alcohol Policy and to repeal
the former Municipal Alcohol Policy, By-Law 3565 (Schedule A to By-Law 3893);
AND By-Law 3895, to authorize an agreement between her Majesty the Queen in right of the
province of Ontario as represented by the Minister of Transportation and the Town of
Tillsonburg, for the purpose of receiving funds from the Community Transportation Pilot
Grant Program; AND
By-Law 3894, to confirm the proceedings of Council at its meetings held on the 26th day of
March, 2015, be read for a first and second time and this constitutes the first and second
reading thereof.
Moved By: Seconded By:
Proposed Resolution #
THAT By-Law 3888, to provide for Indemnification of Council and Employees of the Town of
Tillsonburg;
AND By-Law 3889, to authorize a Voter List Management Service Agreement;
AND By-Law 3890, to authorize the Issuance of Debt;
AND By-Law 3891, to adopt an addendum to the Memorandum of Understanding with the
Tillsonburg Seniors Centre (Schedule A and B to By-Law 3891);
AND By-Law 3892, to authorize an encroachment agreement with the Canadian
Broadcasting Corporation (Schedule A to By-Law 3892);
AND By-Law 3893, to adopt the Town of Tillsonburg Municipal Alcohol Policy and to repeal
the former Municipal Alcohol Policy, By-Law 3565 (Schedule A to By-Law 3893);
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March 23, 2015 Council Meeting – Agenda - 10 -
AND By-Law 3895, to authorize an agreement between her Majesty the Queen in right of the
province of Ontario as represented by the Minister of Transportation and the Town of
Tillsonburg, for the purpose of receiving funds from the Community Transportation Pilot
Grant Program; AND
By-Law 3894, to confirm the proceedings of Council at its meetings held on the 26th day of
March, 2015, be given third and final reading and the Mayor and the Clerk be and are hereby
authorized to sign the same, and place the Corporate Seal thereunto.
14. Items of Public Interest
15. Adjournment
Moved By: Seconded By:
Proposed Resolution #
THAT the Council Meeting of Monday, March 23, 2015 be adjourned at _____ p.m.
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ATTENDANCE
Mayor Stephen Molnar
Deputy Mayor Dave Beres
Councillor Maxwell Adam
Councillor Penny Esseltine
Councillor Jim Hayes
Councillor Chris Rosehart
Staff:
David Calder, CAO
Donna Wilson, Town Clerk
Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Parks and Recreation Services
Andrew Jones, Manager of Finance
Jeff Bunn, Deputy Clerk
Regrets:
Councillor Brian Stephenson
Darrell Eddington, Director of Finance
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Adoption of Agenda
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the Agenda as prepared for the Council meeting of Monday, March 09, 2015, be
adopted.
Carried.
3. Moment of Silence
4. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, March 09, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINTUES
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March 9, 2015 Council Meeting – Minutes - 2 -
5. Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of February 26, 2015
Regular Council Minutes 2015-02-26
Moved By: Councillor Rosehart Seconded By: Deputy Mayor Beres
THAT the Minutes of the Council Meeting of February 26, 2015, be approved.
Carried.
6. Planning Applications
6.1. Application for Consent/ Minor Variance (B15-05-7 & A15-01-7), Dave & Cindy Mendler-
113 Brock St E.
B15-05-7 & A15-01-7 (CASPO 2015-59)
The Development Planner provided an overview of the planning application.
The Mayor provided an opportunity for members of the public to speak to the
application.
David and Cindy Mendler, of 113 Brock Street, spoke in favour of their application.
Greg D’Hulster, 1 Maple Lane, raised concerns with respect to the water runoff that may
affect his and neighbouring properties.
Council discussed drainage issues in the area and the effect that this would have on
residential land owners in the area.
The Director of Operations went over the requirements for a new development
regarding the high water table in the area, which is a condition of approval.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council advise the Oxford County Land Division Committee that the Town
supports the proposal to sever the subject property, described as Part Block A, Plan 507
in the Town of Tillsonburg, municipally known as 113 Brock Street East, subject to the
conditions set out in Report No: CASPO 2015-59.
Defeated.
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March 9, 2015 Council Meeting – Minutes - 3 -
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council advise the Oxford County Land Division Committee that the Town
recommends that the proposal to sever the subject property, described as Part Block A,
Plan 507 in the Town of Tillsonburg, municipally known as 113 Brock Street East,
subject to the conditions set out in Report No: CASPO 2015-59, be deferred until the
geotechnical report has been received.
Withdrawn.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT the defeated motion to advise the Oxford County Land Division Committee that
the Town supports the proposal to sever the subject property, described as Part Block A,
Plan 507 in the Town of Tillsonburg, municipally known as 113 Brock Street East be
reconsidered as council has received further information on the matter.
Carried.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council advise the Oxford County Land Division Committee that the Town
supports the proposal to sever the subject property, described as Part Block A, Plan 507
in the Town of Tillsonburg, municipally known as 113 Brock Street East, subject to the
conditions set out in Report No: CASPO 2015-59.
Carried.
7. Information Items
7.1. 2015 Premier's Award for Agri-Food Innovation Excellence Program
Staff were requested to place the 2015 Premier’s Award for Agri-Food Innovation
Excellence Program information on the Town website and to provide a link to the
document in the next Focus on Tillsonburg ad. The program notice will also be sent to
the Development Committee as correspondence.
7.2. Aurora Council Resolution-Bill 52-Protection of Public Participation Act
8. Reports from Departments
8.1. Chief Administrative Officer
8.1.1. CAO 15-07 Agriculture More Than Ever
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March 9, 2015 Council Meeting – Minutes - 4 -
CAO 15-07 Agriculture More Than Ever
Agriculture More Than Ever Attachments
Councillor Esseltine will work with the Turtlefest Committee to potentially include
Agriculture More Than Ever as a vendor during the festivities.
Moved By: Councillor Esseltine Seconded By: Councillor Adam
THAT the Report CAO 15-07, Membership Agriculture More Than Ever, be
received for information;
AND THAT the Town of Tillsonburg become an agvocate/partner by becoming a
member of Agriculture More Than Ever and entering into the Official Partnership
Agreement.
Carried.
8.2. Development and Communication Services
8.2.1. Report DCS 15-15 Airport Hangar Land Lease (Canadian Harvard Aircraft
Association)
Report DCS 15-15 Airport Hangar Land Lease (Canadian Harvard Aircraft
Association)
Lease-Canadian Harvard Aircraft Association
By-Law 3887
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receive Report DCS 15-15 Airport Hangar Land Lease (Canadian
Harvard Aircraft Association);
AND THAT a By-Law be brought forward and the Mayor and Clerk be authorized
to enter into a lease agreement with the Canadian Harvard Aircraft Association
for the lease of land for four buildings totalling 13,558 square foot at the
Tillsonburg Regional Airport for a twenty (20) year term expiring on December
31, 2034 subject to the terms and conditions contained within the lease
agreement.
Carried.
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March 9, 2015 Council Meeting – Minutes - 5 -
8.3. Operations
8.3.1. OPS 15-05 Results for Tender # T2015-001 Camdon Court / Third St.
Reconstruction
OPS 15-05 Results for Tender # T2015-001 Camdon Court / Third St.
Reconstruction
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receive Report OPS 15-05, Results for Tender # T2015-001
Camdon Court / Third St. Reconstruction;
AND THAT Council award Tender # T2015-001 to Greenfield Contracting of
Sarnia, Ontario at a cost of $525,049.29 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT a by-law authorizing the Mayor and Clerk to enter into the agreement
with Greenfield Contracting for the reconstruction of Camdon Court and Third
Street be brought forward for Council consideration.
Carried.
9. Notice of Motions
9.1. Notice of Motions
Councillor Rosehart provided two Notices of Motion:
Moved By: Councillor Rosehart
THAT staff bring back a report regarding the feasibility of a Fire Services Committee;
AND THAT if required a draft Terms of Reference for the Fire Services Committee be
brought forward for review.
Moved By: Councillor Rosehart
THAT Staff review the possibility of two hours parking along the south side of municipal
parking Lot 7A located on the east side of the Town Centre Mall;
AND THAT a report be brought back for Councils consideration.
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March 9, 2015 Council Meeting – Minutes - 6 -
Councillor Adam provided a Notice of Motion:
Moved By: Councillor Adam
THAT Staff provide a report regarding the development of a dog park on municipal
lands and/or through community partnerships.
9.2. Notice of Motion for which previous Notice was given.
Staff were directed to include in the report any pertinent historical information, staff time,
potential costs and alternatives to leaf collection program.
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Staff provide a report regarding the feasibility of the leaf pick-up program;
AND THAT the purchase of the leaf loader be reviewed and brought forward for Council
discussion.
Carried.
10. By-Laws
By-Laws from the Meeting of Monday, March 09, 2015
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3887, to authorize a Lease Agreement between the Corporation of the Town
of Tillsonburg and the Canadian Harvard Aircraft Association;
AND THAT By-law 3886 to confirm the proceedings of Council at its meetings held on the
9th day of March, 2015, be read for a first and second time and this constitutes the first and
second reading thereof.
Carried.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3887, to authorize a Lease Agreement between the Corporation of the Town
of Tillsonburg and the Canadian Harvard Aircraft Association;
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March 9, 2015 Council Meeting – Minutes - 7 -
AND THAT By-Law 3886 to confirm the proceedings of Council at its meetings held on the
9th day of March, be given third and final reading and the Mayor and the Clerk be and are
hereby authorized to sign the same, and place the Corporate Seal thereunto.
Carried.
11. Items of Public Interest
11.1. Canada Post Mailboxes
Municipality is taking a pro-active approach to keep the lines of communication to
Canada post and has requested mapping from them in order for staff to do a
proper review of those locations.
Residents to call in to the customer service centre and they will be filed in ACR,
these concerns will be sent to Canada Post.
Councillor Rosehart will bring this information for discussion at the Police
Services Board Meetings.
12. Adjournment
Moved By: Councillor Esseltine Seconded By: Councillor Adam
THAT the Council Meeting of Monday, March 09, 2015 be adjourned at 7:55 p.m.
Carried.
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STAFF REPORT
RECREATION, CULTURE & PARKS
Title: Memorial Park Area Conceptual Master Plan
Report No.: RCP 15-10
Author: RICK COX
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: • Conceptual Master Plan for Memorial Park & Lake Lisgar
• Conceptual Master Plan Phase 1
RECOMMENDATION
THAT Council receive Report RCP 15-05 – Memorial Park Area Conceptual Master
Plan for information.
EXECUTIVE SUMMARY
In 2014, the Town secured consulting services from Ron Koudys Landscape
Architecture (RKLA) to develop a conceptual vision for the future of the Memorial Park Area based on the priorities identified through a community consultation
exercise led by the Parks & Recreation Advisory Committee and assisted by Town
Staff.
BACKGROUND
The attached Conceptual Plan and accompanying Master Plan report are provided
for Council’s information. It was developed after a community consultation process
involving online and written surveys, community meetings, stakeholder meetings
and a public open house that was conducted by the Parks & Recreation Advisory Committee from March through June of 2014.
In 2015, a similar process to identify priorities and develop a long-term conceptual plan for the Tillsonburg Community Centre will be carried out. The two concepts will
be integrated and once that is completed, estimated costs and a phased
implementation plan will be needed.
Community Priorities
The priorities identified through the public process were:
• Residents are very proud of and passionate about Memorial Park
• The revitalization of Memorial Park needs to be done • The Town should continue to support the revitalization of Lake Lisgar
• The Town should maintain and care for existing facilities
• The site should be developed in a way that improves the natural green space • Planned site changes should be community event friendly
• The racetrack limits flexibility to use the space differently
• The parking needs to be reorganized so it works better
Report RCP 15-05 - Memorial Park Area Co 1/2
21
• The Town should address a number of operational issues (ie. Better signage,
more public washrooms, more garbage cans, etc).
These priorities informed the consultants work and are, in the opinion of the
Advisory Committee and Town staff, reflected in the report that has been drafted.
CONSULTATION/COMMUNICATION/COMMUNITY ENGAGEMENT
There was extensive engagement with residents and stakeholders through the
public consultation phase of the process. RKLA held a design charrette involving members of the Parks & Recreation Advisory Committee, the Heritage,
Beautification and Cemeteries Advisory Committee and Town Staff. Committee
members and staff have provided comment and input on the conceptual vision and report. Preliminary responses on the Conceptual Master Plan have been obtained
from some ball user groups, the President of the Agricultural Society, and from the Kinsmen Club.
FINANCIAL IMPACT
None at this time. The estimated cost of implementation for the conceptual vision requires further evaluation, and will be significant. Capital projects will be brought
to Council for approval through the regular budget process.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT None at this time.
Report RCP 15-05 - Memorial Park Area Co 2/2
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March 13, 2015
Tillsonburg Town Council
200 Broadway
Tillsonburg, Ontario
N4G 5A7
Subject: Tillsonburg Memorial Park Master Plan
Mayor Molnar and members of Council,
As chair of the Tillsonburg Hub consortium, I am writing to advise that the Tillsonburg Hub, a
committee focused on creating a future event building in Tillsonburg, is considering
Memorial Park as one of the potential locations for the up to 80,000 square foot building.
As such, we respectfully request that this be noted and included in the plan for future
consideration.
We are currently in the process of finalizing our business case and feasibility study and are
hoping to be able to present this to Council in the near future. However, we would be remiss
if we did not provide notice as part of Council's review of the Memorial Park Master Plan.
Thank you in advance for your consideration of our request and we look forward to meeting
with you in the near future.
Should you have any questions or require any additional information regarding the contents
of the letter, please feel free to contact me via email or phone. I can be reached at
519.842.3146.
Sincerely,
Suzanne Fleet
Tillsonburg Hub consortium chair
67
STAFF REPORT FINANCE
Title: April 1, 2015 Development Charge Rates
Report No.: FIN 15-15
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: DC RATES APRIL 2015 TO MARCH 2016
DC RATES OXFORD COUNTY APRIL 1 2015
RECOMMENDATION THAT Council receives report FIN 15-15 2015 Development Charge Rates as
information.
EXECUTIVE SUMMARY
To provide the April 1, 2015 Development Charge Rates to Council as information.
BACKGROUND
In accordance with the Town’s Development Charges By-Law 3827, development charges
are adjusted annually on April 1 of each year in accordance with the most recent twelve
month change in the Statistics Canada Quarterly, Construction Price Statistics. That index
for fourth quarter 2014 was 1.9%. The new development charge rates for the Town and the County are attached for information.
FINANCIAL IMPACT/FUNDING SOURCE
N/A.
68
TILLSONBURG
SCHEDULE OF DEVELOPMENT CHARGES
Effective April 1, 2015 to March
31, 2016
$/Residential Dwellings Non-Residential
Single Detached Apartments $/sq.m of
Service & Semi-Detached Two Bedroom Bachelor & Other floor area
Component Dwelling Units and larger One Bedroom Multiples $/sq.m
County of Oxford:
General Government 5 3 2 4 0.03$
Land Ambulance Services 130 71 53 90 0.63
Administration Building 63 35 26 44 0.32
Roads & Related 2,055 1,121 841 1,422 9.66
Library Services 399 218 163 276 0.00
Water 1,301 891 668 1,225 6.75
Wastewater 8,871 6,076 4,557 8,355 46.38
County Sub-Total 12,824 8,415 6,310 11,416 63.77
Town of Tillsonburg:
General Government 35 24 18 33
Fire 452 310 232 426
Recreation 354 243 181 333
Public Works & Fleet 735 503 377 692
Roads and Related 1,846 1,265 949 1,739
Stormwater 83 57 43 78
Town Sub-Total 3,504 2,402 1,801 3,302 0.00
Total 16,328 10,817 8,111 14,718 63.77
69
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DEVELOPMENT CHARGE INFORMATION PAMPHLET FOR THE COUNTY OF OXFORD This pamphlet summarizes the Development Charges according to the following By-laws: 5578-2014 County-Wide 5579-2014 Woodstock Water & Wastewater 5580-2014 Tillsonburg Water & Wastewater 5581-2014 Ingersoll Water & Wastewater 5582-2014 Thamesford Water & Wastewater 5583-2014 Norwich Water & Wastewater 5584-2014 Tavistock Water & Wastewater 5585-2014 Plattsville Water & Wastewater 5586-2014 Drumbo Water & Wastewater This pamphlet is intended as a guide. Refer to the approved by-law and consult with County or municipal staff to determine charges that apply to specific dev elopment proposals. The by-laws are available in full at the Customer Service Centre in the County of Oxford Administrative Building during regular business hours (weekdays from 8:00 a.m. to 4:30 p.m.). They are also available on the County website at: http://www.oxfordcounty.ca/Bus inessinOxford/PlanningandDev elopment/Development/DevelopmentCharges.aspx In addition to the County Development Charges, most area municipalities in Oxford County also have Development Charges by-laws. Refer to the Bu ilding Department of the area municipality or follow the website link above to the summary tables for information regarding the municipal Development Charges where provided.
70
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71
• '
.
cit)'.'of
Woodstock
OFFICE OF THE CITY CLERK
City Hall
P.O. Box 1539
500 Dundas Street
Woodstock, ON
N4S OA7
Telephone (519) 539-1291
March 5, 2015
Deepak Chopra, President and CEO
Canada Post
2701 Riverside Dr,
Unit 1200
Ottawa, ON KlA Oßl
Re: Woodstock Accessibility Advisory Committee - Canada Post Community Box
Initiative
At the regular council meeting held on, Thursday March 5, 2015 the following
resolution was passed.
"Whereas, Canada Post has proposed a plan to end residential home delivery in
Canada; and
Whereas, The lack of home delivery will disadvantage many seniors and people with
mobility problems and will be compounded during inclement weather;
Now therefore be it Resolved, That the City of Woodstock does not support the
proposed plan to eliminate residential home to home delivery and herein petition
Canada Post to reconsider this plan immediately and retain this valuable service for
communities;
And further that a copy of this resolution be forwarded to the Association of .
Municipalities of Ontario (AMO), Federation of Canadian Municipalities (FCM),
municipalities in Ontario, as well as to our local MP, MPP and representatives of
Canada Post and its unions to encourage others to speak up against this plan."
Amelia Humphries
Clerk
cc: Association of Municipalities of Ontario
Federation of Canadian Municipalities
Ernie Hardiman, M.P.P.
Dave McKenzie M.P.
John Stewart, Canada Post Union President
Ontario Municipalities
72
From: Ag Info <ag.info.omafra@ontario.ca>
To: "dcalder@tillsonburg.ca" <dcalder@tillsonburg.ca>,
Date: 17/03/2015 09:00 AM
Subject:2015 Premier’s Award for Agri-Food Innovation Excellence – Application Intake
This communication is in both English and French. The French-language message can be
found immediately after the English-language message.
La présente communication est en anglais et en français. Le message en français se
trouve immédiatement après la version anglaise.
I am writing to remind you and your members of the April 10, 2015 application deadline
for the Premier’s Award for Agri-Food Innovation Excellence program and to encourage
you to share this information.
The Premier’s Award for Agri-Food Innovation Excellence program was created to
recognize and foster the spirit of innovation that thrives in Ontario’s agricultural sector. It
encourages the development of rural communities, farms, agri-food processors and agri-
food organizations by adding value to existing products, creating jobs and driving
economic growth.
Each year the program recognizes up to 45 innovations across the province. Award
recipients will receive $5,000, a plaque, gate sign and various promotional materials. In
addition, there will be a Premier’s Award valued at $75,000, a Minister’s Award valued at
$50,000 and three Leaders in Innovation Awards valued at $25,000 each.
Primary producers, processors and agri-food organizations are invited to submit
applications. Details on eligibility, innovation categories, assessment criteria, and the
application and selection process can be found in the 2015 Program Guidebook and
Application Form at:
http://www.omafra.gov.on.ca/english/premier_award/app_info.htm.
Your support in encouraging outstanding agriculture and agri-food innovators to submit
an application by the deadline of 5 p.m. on April 10, 2015 is appreciated. Questions can be
73
directed to the Agricultural Information Contact Centre (AICC) at 1-877-424-1300 or
ag.info.omafra@ontario.ca.
A description of the award winning innovations by year (2006 through 2014) can be
viewed at www.ontario.ca/agrifoodinnovation.
______________________________________________________
Je vous écris pour vous rappeler et rappeler à vos membres que la date limite pour
présenter une demande dans le cadre du Programme des prix de la première ministre
pour l’excellence en innovation agroalimentaire est le 10 avril 2015. Je vous encourage de
plus à diffuser cette information.
Ce programme a été créé afin d’honorer et de favoriser l’esprit d’innovation au sein du
secteur agricole de l’Ontario. Il encourage le développement des collectivités rurales, des
exploitations agricoles, des entreprises de transformation agroalimentaires et des
organismes agroalimentaires en ajoutant de la valeur à des produits existants, en créant
des emplois et en stimulant la croissance économique.
Chaque année, le programme honore jusqu’à 45 innovations à l’échelle de la province. Les
lauréats recevront jusqu’à 5 000 $, une plaque, un écriteau et différents documents
promotionnels. Il y aura aussi un Prix de la première ministre d’une valeur de 75 000 $, un
Prix ministériel d’une valeur de 50 000 $ et trois Prix du chef de file en innovation d’une
valeur de 25 000 $ chacun.
Les producteurs primaires, les entreprises de transformation et les organismes
agroalimentaires sont invités à présenter leur candidature. Les détails concernant
l’admissibilité, les catégories d’innovation, les critères d’évaluation, le processus de
demande et de sélection se trouvent dans le guide du programme et dans le formulaire de
demande pour 2015 à l’adresse suivante :
http://www.omafra.gov.on.ca/french/premier_award/app_info.htm.
Nous vous remercions de votre soutien pour encourager les innovateurs exceptionnels
agricoles et agroalimentaires à présenter une demande d’ici la date limite du 10 avril
2015, 17 h. Si vous avez des questions, communiquez avec le Centre d’information
agricole au 1 877 424-1300 ou à l’adresse ag.info.omafra@ontario.ca.
Il est possible de consulter une description des innovations lauréates d’un prix par année
(de 2006 à 2014) au http://www.ontario.ca/innovationagroalimentaire.
74
Original signed by Doug Reddick
Doug Reddick
Director
Regional Economic Development Branch
Ontario Ministry of Agriculture, Food and Rural Affairs
75
COUNCIL REPORT
MAYOR’S OFFICE
Report Title: UPDATE –County of Oxford
Report No.: MYR 15-03
Author: Mayor Molnar
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments:
RECOMMENDATION:
THAT Council receives report MYR 15-03 as information.
EXECUTIVE SUMMARY
The purpose of this report is to provide information regarding any reports and
recommendations from local representation at Oxford County Council.
CONSULTATION/COMMUNICATION
As a result of the effort to expand access to knowledge and information for Town Council
and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this
type of report will further satisfy mandates as reinforced in the Community Strategic Plan to
provide for a more accessible and open governance model.
INFORMATION
• The annual review of both the Drinking Water System and Wastewater Treatment
System in Oxford County was presented through separate reports by Public Works.
There were no anomalies regarding the Tillsonburg systems – The full reports can be
accessed on-line through the County of Oxford’s web-site.
• A staff report concerning the 2015 Tax Policies was presented to Council. Similar
material is anticipated to be introduced to Tillsonburg Council (See Report FIN 15-13)
on March 23. Final recommendations will be considered by County Council on April 8, 2015.
76
• Subsequent to the County’s adoption of a 5-day pick-up cycle for solid waste and
recycling material starting in September 2015, South West Oxford Township received
support to provide their service, on behalf of the County, on a six day cycle for a two
year trial period.
• As SCOR Vice-Chair, it was a privilege to participate in the development corporation’s
AGM in Tillsonburg on March 12. The President of Fanshawe College, Peter Devlin,
was the key note speaker.
• The County of Oxford was in receipt of correspondence from the City of Woodstock
(dated March 5) addressed to Canada Post, in opposition to the elimination of
residential home delivery.
• The Annual General Meeting of the Members of the South Central Ontario Region
Economic Development Corporation (SCOR EDC) will be held at 4 Elm Street,
Tillsonburg, Ontario on the 12th day of March, 2015 at 10:00 am (Mayor Molnar is
Vice-Chair)
• There was an educational workshop held in Woodstock on March 11 supporting comprehensive efforts of risk management and regional Emergency Management
training. Local Fire Chief J. Smith was one of the presenters in this valuable exercise.
• A preliminary workshop was held at County Administrative Building on March 16 concerning the County’s Community Sustainability Plan. The next public opportunity
to participate and comment on the Future Oxford plan is Thursday March 26 at the
Lion’s Den (Tillsonburg Community Centre) starting at 6:30PM.
FINANCIAL IMPACT/FUNDING SOURCE
Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require
approval by Municipal Council or direction from corporate staff.
APPROVALS:
Author: Mayor
Molnar Date: 3/23/15
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STAFF REPORT
CAO
Report Title: Community Transportation Pilot Grant Program Transfer Payment Agreement
Report No.: CAO 15-08
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments:
COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM
TRANSFER PAYMENT AGREEMENT
RECOMMENDATION:
THAT the Town of Tillsonburg Council receive report CAO 15-08, Community Transportation
Pilot Grant Program Transfer Payment Agreement;
AND THAT the Town of Tillsonburg Council authorizes the Mayor and Clerk to sign the Community Transportation Pilot Grant Program Transfer Payment Agreement between Her
Majesty the Queen in right of the Province of Ontario and the Town of Tillsonburg;
AND FURTHER THAT the Town of Tillsonburg Council adopt a by-law authorizing the Mayor
and Clerk to sign the Community Transportation Pilot Grant Program Transfer Payment Agreement.
EXECUTIVE SUMMARY
The Town of Tillsonburg at its meeting of January 26, 2015 authorized the submission to the
Ministry of Transportation of a Community Transportation Pilot Grant Program Application. On
March 18, 2015 the CAO was advised that the Town of Tillsonburg’s application was success and was selected to receive $100,000 “to provide better transportation services through the sharing and coordination of community transportation resources”. The province received a total
of 54 submissions and the Town of Tillsonburg was one of eleven successful communities to
receive funding.
A condition of receiving the funds from the Province of Ontario is the entering into a Community Transportation Pilot Grant Program Transfer Payment Agreement, providing a Council resolution or by-law authorizing the Mayor and Clerk to sign the agreement and providing the appropriate
insurance certificate.
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The term of the agreement is from the date the agreement is signed (the Effective Date) by the Minister and will expire on September 30, 2017 (the Expiration Date). A copy of the Community
Transportation Pilot Grant Program Transfer Payment Agreement is attached to this report.
CONSULTATION/COMMUNICATION
As Council will recall, the initial submission was supported by a number of community organizations including Community Living Tillsonburg, Tillsonburg and District Multi Service
Centre, Stonebridge Community Services, Community Advocates Tillsonburg and Why Wait
Taxi Service.
Staff have reviewed the form of agreement and note that the majority of the agreement is standard language in all agreements under this program with the Province. The balance of the agreement contains various schedules outlining the project description and timelines, project
budget, eligible costs and ineligible costs, payment plan and reporting requirements. Staff are
comfortable with the language contained in the agreement and note that there are a number of
reporting milestones during the term of the project that must be adhered to. Staff will ensure accountability for the terms and conditions as contained in the agreement as the Town is the recipient of the funds as noted in the agreement.
Staff wishes to acknowledge the efforts of the various community organizations for their efforts in
obtaining funding from the Ministry of Transportation and the Province of Ontario.
COMMUNITY STRATEGIC PLAN IMPACT
The Community Transportation Program meets the Tillsonburg Community Strategic Plan’s goal
under the strategic objective of Culture and Community and more specifically the action items of
exploring the viability of alternative transportation options and implementing and marketing a
transportation program (section 4.3 Mobility and Sustainability, Tillsonburg Community Strategic Plan).
FINANCIAL IMPACT/FUNDING SOURCE
The signing of the Community Transportation Pilot Grant Program Transfer Payment Agreement
by the Town and the Minister will initiate the first payment in the amount of $50,000. Please see
Schedule “D” of the Agreement which outlines the payment plan for the balance of the funds to a maximum of $100,000. Staff will be establishing a separate Town bank account for the funds and will provide a certificate of insurance as required by the agreement.
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THIS COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM TRANSFER PAYMENT AGREEMENT (the “Agreement”) made in quadruplicate and effective as of
the …………day ………………, 2015. B E T W E E N :
Her Majesty the Queen in right of the Province of Ontario as
represented by the Minister of Transportation for the Province of
Ontario
(the “Province”) - and -
Town of Tillsonburg
(the “Recipient”)
BACKGROUND:
The Province has established the Community Transportation Pilot Grant Program (the “Program”) to fund municipalities that partner with community organizations to plan and
implement community transportation projects. The Recipient has applied to the Province for funds to assist the Recipient to carry out a
community transportation project and the Province wishes to provide such funds.
The Agreement sets out the terms and conditions applicable to the funding by the
Province of the Project. 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 Parties agree as follows:
1.0 INTERPRETATION AND DEFINITIONS
1.1 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;
COMMUNITY TRANPORTATION PILOT GRANT PROGRAM TRANSFER PAYMENT AGREEMENT
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution (c) the background and 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) “include”, “includes” and “including” denote that the subsequent list is not
exhaustive.
1.2 Definitions. In the Agreement, the following terms will have the following meanings:
“Agreement” means this agreement entered into between the Province and the Recipient, and includes all of the schedules listed in section 30.1 (Schedules) and any amending agreement entered into pursuant to section 34.1 (Modification
of Agreement). “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Budget” means the budget attached to the Agreement as Schedule “B”
(Budget).
“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.
“Completion Date” means March 31, 2017.
“Effective Date” means the date the Agreement is signed by the last Party.
“Eligible Costs” means the costs of the Project described in Schedule “C” (Eligible Costs and Ineligible Costs), Article C.1.0 (Eligible Costs), that are eligible for funding by the Province.
“Event of Default” means an Event of Default that is listed in section 14.1
(Events of Default). “Expiration Date” means the date on which the Agreement will expire and is the
date set out in section 3.1 (Term). “Funding Year” means:
(a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and
(b) in the case of Funding Years subsequent to the first Funding Year, the
period commencing on April 1 following the end of the previous Funding
Year and ending on the following March 31.
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution “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, Her ministers, agents, appointees and employees.
“Ineligible Costs” means the costs of the Project described in Schedule “C” (Eligible Costs and Ineligible Costs), Article C.2.0 (Ineligible Costs), that are not
eligible for funding by the Province.
“Maximum Funds” means $ 100,000.00.
“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, and includes any such period or periods of time
by which the Province considers it reasonable to extend that time.
“Party” means either the Province or the Recipient, and “Parties” means the
Province and the Recipient.
“Program” means the Community Transportation Pilot Grant Program the
Province has established to provide municipalities with the Funds.
“Project” means the undertaking described in Schedule “A” (Project Description and Timelines).
“PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario).
“Reports” means the reports described in Schedule “E” (Reporting). “Timelines” means the Project schedule set out in Schedule “A” (Project
Description and Timelines).
2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1 General. The Recipient represents, warrants and covenants that:
(a) it is, and will continue to be for the term of the Agreement, a validly
existing legal entity with full power to fulfill its obligations under the Agreement;
(b) it has, and will continue to have for the term of the Agreement, the
experience and expertise necessary to carry out the Project;
(c) it is in compliance with all federal and provincial laws and regulations, all
municipal by-laws, and any other orders, rules and by-laws related to any
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(d) unless otherwise provided for in the Agreement, any information the
Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true
and complete for the term of the Agreement;
(e) at least one community organization the Recipient identified in its
Program funding application provides transportation services or has
transportation resources or assets, or both;
(f) the delivery of the services for the Project will begin no later than one
year after the Effective Date, and will continue to be delivered until the
Completion Date; and
(g) fares, as determined by the Recipient, are, and will continue to be until
the Completion Date, charged for the community transportation services
delivered for the Project.
2.2 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.
2.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing for the period during which the Agreement is in effect:
(a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization;
(b) procedures to ensure the ongoing effective functioning of the Recipient;
(c) decision-making mechanisms for the Recipient;
(d) procedures to enable the Recipient to manage the Funds prudently and
effectively; (e) procedures to enable the Recipient to complete the Project successfully;
(f) procedures to enable the Recipient, in a timely manner, to identify risks to
the completion of the Project, and strategies to address the identified
risks;
(g) procedures to enable the preparation and delivery of all Reports required
pursuant to Article 7 (Reporting, Accounting and Review); and
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(h) procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its
obligations under the Agreement. 2.4 Supporting Documentation. Upon request, the Recipient will provide the
Province with proof of the matters referred to in this Article 2.0 (Representations,
Warranties and Covenants).
3.0 TERM OF THE AGREEMENT
3.1 Term. The term of the Agreement will commence on the Effective Date and will
expire on September 30 , 2017 (the “Expiration Date”) unless terminated earlier pursuant to Article 12.0 (Termination on Notice), Article 13.0 (Termination Where No Appropriation) or Article 14.0 (Event of Default, Corrective Action and
Termination for Default).
4.0 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. Subject to the terms and conditions of the Agreement, the
Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of
carrying out the Project;
(b) provide the Funds to the Recipient in accordance with the payment plan
attached to the Agreement as Sub-schedule “D.1” (Payment Plan); 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. 4.2 Limitation on Payment of Funds. Despite section 4.1 (Funds Provided):
(a) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the Province with:
(i) the insurance certificate or other proof as the Province may request
pursuant to section 11.3 (Proof of Insurance); and
(ii) a copy of the Recipient’s by-law or resolution, as applicable, authorizing it to enter into this Agreement and designating the Recipient’s signing officer for the Agreement;
(b) the Province is not obligated to provide instalments of Funds until it is
satisfied with the progress of the Project and the Recipient’s compliance
with the terms and conditions set out in the Agreement;
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(c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the
information provided by the Recipient pursuant to section 7.1 (Preparation
and Submission); and
(d) if, pursuant to the Financial Administration Act (Ontario), the Province
does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make
any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the
Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1 (Termination
Where No Appropriation). 4.3 Use of Funds and Project. The Recipient will: (a) carry out the Project in accordance with the terms and conditions of the
Agreement;
(b) use the Funds only for the purpose of carrying out the Project;
(c) spend the Funds only for Eligible Costs and in accordance with the Budget; and
(d) not use the Funds to cover any specific cost that has or will be funded or reimbursed by any third party, including other ministries, agencies and
organizations of the Government of Ontario.
4.4 Province’s Role Limited to Providing Funds. For greater clarity, the
Province’s role under the Agreement is limited to providing Funds to the Recipient for the purposes of the Project and the Province is not responsible for carrying out the Project.
4.5 No Changes. The Recipient will not make any changes to the Project, the
Timelines, or the Budget without the prior written consent of the Province.
4.6 Interest Bearing Account. If the Province provides Funds to the Recipient
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.
4.7 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
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interest.
4.8 Maximum Funds. The Recipient acknowledges that the Funds available to it
pursuant to the Agreement will not exceed the Maximum Funds.
4.9 Rebates, Credits and Refunds. The Recipient acknowledges that the amount
of Funds available to it pursuant to the Agreement is based on the Eligible Costs incurred and paid by the Recipient in accordance with the Budget, less any costs
(including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund against Eligible Costs.
4.10 Funding, Not Procurement. For greater clarity, the Recipient acknowledges that:
(a) it is receiving funding from the Province for the Project and is not providing goods or services to the Province; and
(b) the funding the Province is providing under the Agreement is funding for the purposes of the PSSDA.
5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
5.1 Acquisition. If the Recipient acquires goods or services, or both, with the Funds, it will:
(a) do so through a process that promotes the best value for money; and
(b) comply with the BPSAA, including any procurement directive issued thereunder, to the extent applicable.
5.2 Disposal. The Recipient will not, without the Province’s prior written consent and at any time within a period of 10 years following the acquisition of the asset, sell, lease or otherwise dispose of any asset purchased or created with the
Funds or for which Funds were provided, the cost of which exceeded $5,000.00 at the time of purchase.
6.0 CONFLICT OF INTEREST
6.1 No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without an actual, potential or perceived conflict of interest.
6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of
interest includes any circumstances where:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient’s decisions,
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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 Project, the use of the Funds, or both.
6.3 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
(b) comply with any terms and conditions that the Province may prescribe as a
result of the disclosure.
7.0 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address provided in section 18.1 (Notice in Writing and Addresses), all Reports in accordance with the timelines and
content requirements set out in Schedule “E” (Reporting), or in a form as
specified by the Province from time to time;
(b) submit to the Province at the address provided in section 18.1 (Notice in
Writing and Addresses), any other reports as may be requested by the Province in accordance with the timelines and content requirements
specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction
of the Province; and
(d) ensure that all Reports and other reports are signed on behalf of the
Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient will keep and maintain:
(a) all financial records (including invoices) relating to the Funds or otherwise
to the Project in a manner consistent with generally accepted accounting
principles; and
(b) all non-financial documents and records relating to the Funds or
otherwise to the Project.
7.3 Inspection. The Province, its authorized representatives or an independent auditor identified by 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 review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, its
authorized representatives or an independent auditor identified by the Province may take one or more of the following actions:
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(a) inspect and copy the records and documents referred to in section 7.2 (Record Maintenance);
(b) remove any copies made pursuant to section 7.3(a) from the Recipient’s
premises; and
(c) conduct an audit or investigation of the Recipient in respect of the
expenditure of the Funds, the Project, or both.
7.4 Disclosure. To assist in respect of the rights set out in section 7.3 (Inspection), the Recipient will disclose any information requested by the Province, its
authorized representatives or an independent auditor identified by the Province, and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case
may be. 7.5 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. 7.6 Auditor General. For greater certainty, the Province’s rights under this Article
are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario).
8.0 COMMUNICATIONS REQUIREMENTS
8.1 Acknowledge Support. Unless otherwise directed by the Province, the
Recipient will acknowledge the support of the Province in a form and manner as directed by the Province.
8.2 Publication. The Recipient will indicate, in any of its Project-related publications,
whether written, oral, or visual, that the views expressed in the publication are
the views of the Recipient and do not necessarily reflect those of the Province.
8.3 Recognition, Promotional Events and Others. The Recipient will:
(a) in the event that the Recipient intends to communicate with the media or
carry out any promotional event in relation to the Agreement, the
Recipient agrees to notify the Province in a timely manner and at least 15
days prior to any such communication; and
(b) provide, whenever available, professional quality visual or audio-visual
material about the Project to the Province to support wider
communications about the Project.
9.0 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information
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with the Agreement may be subject to disclosure in accordance with that Act.
10.0 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless
the Indemnified Parties from and against any and all liability, loss, costs,
damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever
made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province.
10.2 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their
settlement.
10.3 Province’s Election. The Province may elect to participate in or conduct the
defence of any proceeding by providing Notice to the Recipient of such election
without prejudice to any other rights or remedies of Province under the Agreement, at law or in equity. Each Party participating in the defence will do so
by actively participating with the other’s counsel.
10.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained
the prior written approval of Province. If the Recipient is requested by the
Province to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the
proceeding and any related settlement negotiations.
10.5 Recipient’s Co-operation. If the Province conducts the defence of any
proceedings, the Recipient will co-operate with and assist the Province to the
fullest extent possible in the proceedings and any related settlement negotiations.
11.0 INSURANCE
11.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and
will maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a
project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal
injury and property damage, to an inclusive limit of not less than two million
dollars ($2,000,000) per occurrence. The policy will include the following:
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arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement;
(b) a cross-liability clause;
(c) contractual liability coverage; and
(d) a 30 day written notice of cancellation.
11.2 Reference to Program. The insurance policy referred to in section 11.1
(Recipient’s Insurance) will include, in addition to the provisions listed in that
section, a reference to the Program.
11.3 Proof of Insurance. The Recipient will provide the Province with certificates of
insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 11.1 (Recipient’s Insurance). Upon the request of the Province, the Recipient will make available to the
Province a copy of each insurance policy.
12.0 TERMINATION ON NOTICE
12.1 Termination on Notice. The Province may terminate the Agreement at any time
upon giving at least 30 days Notice to the Recipient.
12.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section 12.1 (Termination on Notice), the Province may take one or more of the following actions:
(a) cancel all further instalments of Funds;
(b) demand the repayment of any Funds remaining in the possession or
under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the
Project, and do either or both of the following:
(i) permit the Recipient to offset the costs against the amount owing
pursuant to paragraph 12.2(b); and
(ii) subject to section 4.8 (Maximum Funds), provide Funds to the
Recipient to cover such costs.
13.0 TERMINATION WHERE NO APPROPRIATION
13.1 Termination Where No Appropriation. If, as provided for in section 4.2(d), the
Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement,
the Province may terminate the Agreement immediately without liability, penalty or
costs by giving Notice to the Recipient.
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13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1 (Termination Where No
Appropriation), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds;
(b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing
pursuant to paragraph 13.2(b). 13.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant
to paragraph 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. 14.0 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR
DEFAULT 14.1 Events of Default. Each of the following events will constitute an Event of
Default:
(a) in the opinion of the Province, the Recipient breaches any representation,
warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement:
(i) carry out the Project;
(ii) use or spend Funds; or (iii) provide, in accordance with section 7.1 (Preparation and
Submission), Reports or such other reports as may have been requested pursuant to section 7.1(b);
(b) the Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the
Program;
(c) the Recipient makes an assignment, proposal, compromise, or
arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; and
(d) the Recipient ceases to operate.
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Default occurs, the Province may, at any time, take one or more of the following actions:
(a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province determines appropriate;
(d) reduce the amount of the Funds; (e) cancel all further instalments of Funds;
(f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient;
(g) demand the repayment of an amount equal to any Funds the Recipient
used, but did not use in accordance with the Agreement;
(h) demand the repayment of an amount equal to any Funds the Province
provided to the Recipient; and
(i) terminate the Agreement at any time, including immediately, without
liability, penalty or costs to the Province upon giving Notice to the Recipient.
14.3 Opportunity to Remedy. If, in accordance with paragraph 14.2(b), 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.
14.4 Recipient not Remedying. If the Province has provided the Recipient with an
opportunity to remedy the Event of Default pursuant to paragraph 14.2(b), 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
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14.5 When Termination Effective. Termination under this Article will take effect as
set out in the Notice. 15.0 FUNDS AT THE END OF A FUNDING YEAR
15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14.0 (Event of Default, Corrective Action and Termination for
Default), if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions:
(a) demand the return of the unspent Funds; and
(b) adjust the amount of any further instalments of Funds accordingly.
16.0 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient will, upon the Expiration Date, return to the
Province any Funds remaining in its possession or under its control. 17.0 REPAYMENT
17.1 Repayment of Overpayment. If at any time during the term of the Agreement the Province provides Funds in excess of the funds 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. 17.2 Debt Due. If, pursuant to the Agreement:
(a) the Province demands the payment of any Funds or an amount equal to
any Funds from the Recipient; or
(b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded
by the Province, such Funds or other amount will be deemed to be a debt due and owing to the
Province by the Recipient, and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise.
17.3 Interest Rate. The Province may charge the Recipient interest on any money
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of Ontario on accounts receivable.
17.4 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 at the address provided in section 18.0 (Notice).
17.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to repay 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.
18.0 NOTICE
18.1 Notice in Writing and Addresses. Notice will be in writing and delivered by email, postage-prepaid mail, personal delivery or fax, and addressed to the Province and the Recipient respectively as set out below, or as either Party later
designates to the other by Notice:
To the Province:
Ministry of Transportation
Municipal Transit Policy Office
777 Bay St., 30th Floor Toronto, Ontario M7A 2J8
Attention: Katrina Fernandez, Administrative Assistant
Fax: 416-585-7343 Email: CTProgram@ontario.ca
To the Recipient:
Town of Tillsonburg
200 Broadway Street Tillsonburg, ON N4G 5A7
Attention: David Calder, CAO
Fax:
Email: dcalder@tillsonburg.ca
18.2 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; or (b) in the case of email, personal delivery or fax, one Business Day after the
Notice is delivered. 18.3 Postal Disruption. Despite paragraph 18.2(a), in the event of a postal
disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and
(b) the Party giving Notice will provide Notice by email, personal delivery or by fax.
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19.1 Consent. When the Province provides its consent pursuant to the Agreement, it
may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions.
20.0 SEVERABILITY OF PROVISIONS
20.1 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. Any invalid or
unenforceable provision will be deemed to be severed.
21.0 WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement,
that Party may only rely on a waiver of the other Party if the other Party has
provided a written waiver in accordance with the Notice provisions in Article 18.0 (Notice). Any waiver must refer to a specific failure to comply and will not have
the effect of waiving any subsequent failures to comply.
22.0 INDEPENDENT PARTIES
22.1 Parties Independent. The Recipient acknowledges that it 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.
23.0 ASSIGNMENT OF AGREEMENT OR FUNDS
23.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights, or obligations under the Agreement.
23.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns.
24.0 GOVERNING LAW
24.1 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.
25.0 FURTHER ASSURANCES
25.1 Agreement into Effect. The Recipient will provide such further assurances as
the Province may request from time to time with respect to any matter to which
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things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent.
26.0 JOINT AND SEVERAL LIABILITY
26.1 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.
27.0 RIGHTS AND REMEDIES CUMULATIVE
27.1 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. 28.0 ACKNOWLEDEMENT OF OTHER LEGISLATION AND DIRECTIVES
28.1 Recipient Acknowledges. The Recipient:
(a) acknowledges that by receiving Funds it may become subject to
legislation applicable to organizations that receive funding from the
Government of Ontario, including the BPSAA, the PSSDA and the Auditor
General Act (Ontario);
(b) acknowledges that Her Majesty the Queen in right of Ontario has issued
expenses, perquisites, and procurement directives and guidelines
pursuant to the BPSAA; and
(c) will comply with any such legislation, including directives issued
thereunder, to the extent applicable.
29.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
29.1 Other Agreements. If the Recipient:
(a) has failed to comply (a “Failure”) with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario
or one of Her agencies;
(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,
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determines appropriate.
30.0 SCHEDULES 30.1 Schedules. The Agreement includes the following schedules:
(a) Schedule “A” - Project Description and Timelines;
(b) Schedule “B” - Budget;
(c) Schedule “C” - Eligible Costs and Ineligible Costs;
(d) Schedule “D” - Payments;
(i) Sub-schedule “D.1” - Payment Plan; and (ii) Sub-schedule “D.2” – Claim and Payment Procedures; and
(e) Schedule “E” – Reporting:
(ii) Sub-schedule “E.1” – Project Status Report;
(iii) Sub-schedule “E.2” – Interim and Final Financial Status Report;
and
(iv) Sub-schedule “E.3” – Report on Coordinated Community Transportation Services. 31.0 SURVIVAL
31.1 Survival. The following Articles and sections, and all applicable cross-
referenced sections and schedules, will continue in full force and effect for a
period of seven years from the Expiration Date or the date of termination of the Agreement: Article 1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph 4.2(d), section 4.7 (Interest), section 5.2 (Disposal),
section 7.1 (Preparation and Submission) to the extent that the Recipient has not provided the Reports to the satisfaction of the Province, sections 7.2 (Record
Maintenance), 7.3 (Inspection), 7.4 (Disclosure), 7.5 (No Control of Records), 7.6
(Auditor General), Article 8.0 (Communications Requirements), Article 10.0 (Indemnity), subsection 12.2 (Consequences of Termination on Notice by the
Province), sections 13.2 (Consequences of Termination Where No Appropriation)
and 13.3 (No Additional Funds), section 14.1 (Events of Default), paragraphs 14.2(d), (e), (f), (g) and (h), Article 16.0 (Funds Upon Expiry), Article 17.0
(Repayment), Article 18.0 (Notice), Article 20.0 (Severability of Provisions), section 23.2 (Agreement Binding), Article 24.0 (Governing Law), Article 26.0 (Joint and Several Liability), Article 27.0 (Rights and Remedies Cumulative),
Article 28.0 (Acknowledgment of other Legislation and Directives), Article 29.0 (Failure to Comply with Other Agreements), Article 30.0 Schedules), Article 31.0
(Survival), Article 33.0 (Entire Agreement), and Article 34.0 (Modification of
Agreement).
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32.1 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.
33.0 ENTIRE AGREEMENT
33.1 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements.
34.0 MODIFICATION OF AGREEMENT
34.1 Modification of Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. IN WITNESS WHEREOF, the Parties have executed the Agreement on the dates set out
below.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the Minister of
Transportation for the Province of Ontario
by:
_________________ ____________________________________ Date Name:
Title:
Authorized Signing Officer
Town of Tillsonburg
by:
_________________ ____________________________________
Date Name:
Title:
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_________________ ____________________________________ Date Name:
Title:
I/We have authority to bind the Recipient.
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution SCHEDULE “A” PROJECT DESCRIPTION AND TIMELINES
PROJECT BACKGROUND
Tillsonburg is a retirement community at the southernmost point of Oxford County, and it
borders two other Townships in the County, Norwich Township and South-West Oxford
Township. The Town of Tillsonburg is located in the “heart of southwestern Ontario,”
and it is almost as if Tillsonburg is perfectly placed for a transportation network or
system, with its borders within, overlapping, or touching all three of the following
communities: southern Oxford County, northwest Norfolk County, and northeast Elgin
County, which together form the “Tri-County” area.
In general, there is a lack of necessary services in the area (e.g., specialists’ offices,
mental health and addictions support, women’s shelters) and a lack of transportation
does not help. There is no bus or train service in the Town of Tillsonburg, and residents
without access to transportation are essentially cut off from the outside world, as are
residents of the surrounding Tri-County. Woodstock, London, Brantford, and Hamilton
are larger communities with more services available, but they are at least thirty-five
minutes away. This distance is too great for a taxi-cab service, and so residents are
essentially “cut-off” from the outside world. These residents include individuals from, but
not limited to, Alymer, Brownsville, Courtland, Bayham Township, Mt. Elgin, Otterville,
and Springford. Further developing and organizing local transportation services will be
of great benefit, not only to the Town of Tillsonburg, but also to the many other
communities, when Tillsonburg, the partner organization, Community Living Tillsonburg,
and the rest of the Project steering committee have the opportunity to share best
practices with any neighbouring municipalities with an interest in community
transportation.
PROJECT DESCRIPTION AND OBJECTIVES
The Project is for the new coordination of existing services, and includes three phases:
• Hiring a coordinator;
• Acquiring appropriate transportation coordination software and technologies; and
• Purchasing an accessible van.
The coordinator will work with the six community organizations on coordinating the
network of transportation services that already exist.
The coordination software and technologies will be utilized for centralizing trip
scheduling, booking and dispatch. There is also the potential to link coordination efforts
together into a regional system. The services of the new accessible van will be available
to riders of all ages and abilities, and will supplement existing resources.
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The Project will help service the needs and gaps in transportation through better
utilization of volunteers; development of a taxi-bus system; encouraging participation in
ride-sharing; and an expanded accessible transportation program.
SCOPE OF COMMUNITY TRANSPORTATION SERVICE
The Project will utilize partnering organizations to optimize local transportation services
in the following ways:
• Centralized information and referral, including one-number to call and integrated
website;
• Hiring of a transportation coordinator to improve coordination of the existing
network of transportation services; start a ride-share program; recruit volunteers;
and provide referral information;
• Coordinated trip bookings, car-pooling strategies and management of volunteer
transportation programs;
• Centralized scheduling and dispatch of trips through transportation coordinating
software; and
• Purchase of an accessible vehicle to meet demand.
Each community organization the Recipient identified in its Program funding application is incorporated and has been in operation for at least one year prior to January 30, 2015.
The community organization will participate in the Project as described in the Recipient’s
Program funding application until the Completion Date.
DATE COMMUNITY TRANSPORTATION SERVICE TO BE IN PLACE
The service will be in place by January 31, 2016.
PROJECT TIMELINES
The service will be in place by January 31, 2016. The Project tasks are anticipated to be
75% complete by January 31, 2016.
Table 1: Project Workplan
Date Project Task
April 2015 Hire a transportation coordinator to work
part-time (20 hours per week)
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October 2015 Expansion of coordinator role to full-time
employment (40 hours per week)
November 2015 Purchase of transportation coordination
technologies and software training
December 2015 Advertising and marketing of transportation
services to the public
January 2016 Official launch of transportation system;
March 2016
Complete and submit project status report
and draft financial report
June 2016 Purchase of accessible van
March 31, 2017
End of Ministry of Transportation’s
Program
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BUDGET Table B.1: Community Transportation Project Budget
Project Budget
Item and Description
Cost
Funding Breakdown (Amount by Source)
Province
Recipient
Other Sources (Identify
Funding Source)
Professional & Consulting Services – Coordinator
Wages
$73,500 $73,500
Equipment, Supplies &
Materials – Transportation Coordinating Software
$5,950 $5,950
Public Outreach and Communications Materials
and Activities – Advertising and Marketing
$5,000 $5,000
Public Outreach and Communications Materials
and Activities – Website
Purchase and Development
$450 $450
Event-Related Expenses – Grand Opening / Launch
Party
$1,600 $1,600
Other – Accessible Van $13,500 $13,500
Total $100,000 $100,000 N/A N/A
2015-16 Funding Year Total $90,000.00 2016-17 Funding Year Total $10,000.00
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ELIGIBLE COSTS AND INELIGIBLE COSTS
C.1.0 ELIGIBLE COSTS
C.1.1 Eligible costs are the costs that are directly related to and necessary for the
successful completion of the Project and that are incurred and paid after the
Effective date of the Agreement and prior to the Completion Date. No expenditures
incurred outside of this period will be eligible for payment under the Program. C.1.2 Eligible costs must be documented through paid invoices or original receipts, or
both.
C.1.3 Provided that the above-noted general eligibility criteria are met, Eligible Costs may include:
(a) Salary and benefits of a coordinator responsible for planning and
implementing coordinated community transportation services; (b) Consultant services to assist the applicant municipality and community
organization(s) in implementing coordinated services (e.g., to assist in the
implementation of information technology or the facilitation of cooperative
initiatives between the municipality and community organizations);
(c) Purchase and implementation of a contact number or website, or both;
(d) Purchase and implementation/installation of software or hardware, or both;
(e) Acquisition of community transportation services (e.g., vehicles, drivers,
booking and dispatch services) that are part of the Project;
(f) Legal services for the drafting of legal agreements;
(g) Costs of holding and facilitating meetings/consultation events/workshops with
community transportation organizations for the Project;
(h) Training costs related to the implementation of the Project;
(i) Ontario-only travel and accommodation costs directly related to the planning
and implementation of the Project. Expenses must align with the Government
of Ontario’s Travel, Meal and Hospitality Expenses Directive;
(j) Facilities costs of centralizing functions;
(k) Public outreach, communications materials and activities to promote the Project and service;
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution (l) Equipment, supplies and materials associated with the implementation of the Project; and
(m) Other costs not indicated in the Budget that are, in the opinion of the Province, considered necessary for the completion of the Project, and have been approved in writing prior to being incurred.
C.2.0 INELIGIBLE COSTS The following costs are Ineligible Costs:
C.2.1 Cash prizes or direct subsidies to individuals, including multi-use transit passes for services that are not related to the Project;
C.2.2 Food and beverages;
C.2.3 Refundable goods and services tax, pursuant to the Excise Tax Act, R.S.C. 1985, c. E. 15, as amended, or other refundable expenses;
C.2.4 Costs associated with obtaining necessary approvals, licences or permits where the
Recipient is the entity providing the approval, license or permit; C.2.5 Litigation costs incurred by the Recipient in any legal proceedings;
C.2.6 Costs incurred before the Effective Date and after the Completion Date of the
Agreement; and
C.2.7 Other costs which are not specifically listed as Eligible Costs under this Schedule “C” (Eligible Costs and Ineligible Costs) and which, in the opinion of the Ministry, are considered to be ineligible.
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PAYMENTS
SUB-SCHEDULE “D.1” - PAYMENT PLAN
Subject to Sub-schedule “D.2” (Claim and Payment Procedures) of this Schedule “D”
(Payments), the projected timing and amounts of the payments to be made pursuant to
the Agreement is illustrated in the table below.
MILESTONE MILESTONE PAYMENT
AMOUNT
1. Receipt, as of the Effective Date, of the following:
• Certificate of Insurance; and
• By-law or resolution designating signing officer and authorizing the Project.
Up to $50,000.00
2. Receipt, as required pursuant to Sub-schedule “D.2”
(Claim and Payment Procedures) and upon completion of 75% of the Project, of the following Reports from the
Recipient:
• the Project Status Report (see Sub-schedule “E.1”);
and
• the Interim Financial Report (see Sub-schedule “E.2”).
Up to $40,000.00
3. Receipt, as of the Completion Date, of the following Reports from the Recipient as required pursuant to
Schedule “D.2” (Claim and Payment Procedures):
• the Final Financial Report (see Sub-schedule “E.2”);
and
• the Report on Coordinated Community Transportation Services (see Sub-schedule “E.3”).
Up to $10,000.00
Note: The Province reserves the right to request additional information it deems
necessary from the Recipient prior to making any milestone payment.
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SCHEDULE “D” – PAYMENTS
SUB-SCHEDULE “D.2” - CLAIM AND PAYMENT PROCEDURES
D.2.1 The submission of all documents listed under each Milestone under Sub-
schedule “D.1” (Payment Plan) shall constitute a claim under that Milestone.
D.2.2 The Recipient agrees that each claim shall be submitted to the Ministry within 60
days of:
(a) in the case of Milestone 1, the Effective Date;
(b) in the case of Milestone 2, achieving 75% of Project completion; and
(c) in the case of Milestone 3, after the Completion Date.
D.2.3 The Ministry may request additional information from the Recipient prior to
processing a payment and the Recipient shall make every effort to provide the
information within 30 days of the request.
D.2.4 Subject to the terms and conditions set out in the Agreement, including annual
appropriations, the Province will use its reasonable efforts to make a payment to
the Recipient, if due and owing under the terms of the Agreement, within 30 days
of receipt, to the Province’s satisfaction, of a claim fully, completed in accordance
with this Sub-schedule “D.2” (Claim Payment and Procedure), and evidence that
a Project milestone has been completed. The Province will under no
circumstance be liable for interest for failure to make a payment within the time
limit set out in this Sub-schedule “D.2” (Claim Payment and Procedures).
D.2.5 The Ministry shall have no obligation to pay a claim submitted more than 60 days after the Completion Date.
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution SCHEDULE “E” REPORTING
Name of Report
Due Date
1. Project Status Report By March 31, 2016, unless otherwise specified by the Province
2. Interim Financial Report By March 31, 2016, unless otherwise
specified by the Province
3. Final Financial Report By May 31, 2017, unless otherwise specified by the Province
4. Report on Coordinated Community
Transportation Services
By May 31, 2017, unless otherwise
specified by the Province
5. Reports, including records and documentation, specified from time
to time
On a date or dates specified by the Province
6. Participation in Post-program Evaluation To be specified by the Province
Note: The Province reserves the right to request additional financial information
on the Project as it may deem necessary.
1. Project Status Report:
The Recipient will prepare a report on the implementation of the Project that confirms
75% completion and indicates the relevant milestones completed. The report should
reflect the work plan in Schedule “A” (Project Description and Timelines).
2. Financial Reports:
The Recipient will prepare an Interim Financial Report and a Final Financial Report
containing a statement of Project expenditures incurred and paid to date, the Funds
received, interest earned, other funding sources broken down by category. The financial
reports will reflect actual Project expenditures and will provide an explanation for any
variances. See Schedule “E.2” (Interim and Final Financial Status Report) for details.
The Interim Financial Report should, if there are variances or changes in the Budget or
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Date. See Schedule “E.2” (Interim and Final Financial Status Report) for details.
Additional detailed financial reporting may also be required from the Recipient to reflect
the amount of Funds received for the Project and the Project expenditures that occurred
during the Funding Year.
3. Report on Coordinated Community Transportation Services:
The Recipient will be required to submit a report on the Project implementation and the
resulting coordinated community transportation services. See Sub-schedule “E.3”
(Report on Coordinated Community Transportation Services) for details.
4. Participation in Post-Program Evaluation:
The Recipient will, if requested by the Province, participate in any post-program
evaluation events or activities after the Completion Date. This may include:
• Completing a survey on the Program, the Project and outcomes of the Project;
and
• Participating in information sessions on community transportation to report on the
Project, Recipient’s experiences, and lessons.
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COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM
PROJECT STATUS REPORT
Name of Recipient (municipality): __________________________________________
Report submitted by: ____________________________________________________
Telephone: ____________________________________________________________
Email: ________________________________________________________________
Date: _______________________________________________________________
Project Status
Provide a summary of the Project status to date. Include any issues, concerns or
challenges related to the implementation of community transportation service, and the
actions taken or to be taken to address them.
Insert information from your approved Project work plan in Schedule “A” (Project
Description and Timelines). Indicate all tasks, status and any completion dates. Indicate
the 75% milestone reached.
Project Task
Description Projected Date of
completion
Actual Date of
completion
Status/Comments
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COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM
INTERIM AND FINAL FINANCIAL STATUS REPORT
Name of Recipient (municipality): __________________________________________
Report submitted by: ____________________________________________________
Telephone: ____________________________________________________________
Email: ________________________________________________________________
Date: _______________________________________________________________
Financial Statement
Complete the table below using information from the Budget in Schedule “B” (Budget).
Include any approved revisions and adjustments to the Budget.
Recipient Name
Interim Financial Report
Item and Description
Initial Cost
Spending to Date
Revised
Project Cost
Variance (Initial
Cost less
Spending to Date)
Explana-tion1
Spending to Date
Provincial Portion
Recipient Portion
Other
Funding
(Identify Source)
If item is not
included in
original Budget, list it
with a zero cost.
Total
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Recipient Name
Final Financial Report
Item and Description Initial Cost Total Spending Provincial Portion Recipient Portion
Other
Funding
(Identify Source)
Variance (Initial
Cost less Total Spending) Explanation1
Total
1. Explanation of Variances
Provide explanations of any variances indicated in the Variance column. Include any
variances between the funding from other sources budgeted and actual funding received
with explanations.
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution SUB-SCHEDULE “E.3”
COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM
REPORT ON COORDINATED COMMUNITY TRANSPORTATION SERVICES
Name of Recipient (municipality): __________________________________________
Report submitted by: ____________________________________________________
Telephone: ____________________________________________________________
Email: ________________________________________________________________
Date: _______________________________________________________________
1. Transportation Needs in the Community – Include description of available
transportation service and service levels prior to the Project. Use the
performance indicators selected in the Recipient’s Program funding application,
as applicable.
2. Coordinated Community Transportation Service Implementation –
a. Describe the new or enhanced services;
b. Indicate the timeframe of the implementation, the date the service was
implemented, and describe the process of implementation;
c. Describe any technology/software utilized;
d. Describe any resources and/or assets shared;
e. Describe optimization of services (unused capacity, leveraging duplication
of service); and
f. Describe any centralizing functions and/or standardization of procedures.
3. Project Partnership and Collaboration – Describe the partnership between
municipality and community organization(s) and the collaboration that contributed
to the Project.
4. Project Outcomes – Compare service levels prior the Project to new service
levels achieved – including performance indicators. Use the performance
indicators selected in the Recipient’s Program funding application, as applicable.
Describe the overall impact to the community.
5. Community Feedback – Provide any feedback from your ridership and the
broader community.
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Confidential - Draft #1 - March 18, 2015 Community Transportation Pilot Grant Program TPA For MTO and Municipality Discussion Purposes Only Not for Further Distribution 6. Lessons Learned – Describe the challenges and lessons learned from your
Project and any recommendations that could be shared with other municipalities
or community organizations.
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STAFF REPORT
CAO
Report Title: Town Hall Steering Committee
Report No.: CAO 15-5
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments: REPORT CAO 13-15 LEASE EXPANSION AND AMENDING
AGREEMENT
RECOMMENDATION: THAT Council direct the Chief Administrative Officer to begin the process of planning for a Town
Hall by establishing a Town Hall Steering Committee.
AND THAT Council direct the Chief Administrative Officer to prepare terms of reference for a
Town Hall Steering Committee to include committee composition, public engagement process, site identification, budget, funding sources, possible joint use, and at the appropriate time the
preparation and oversight of a Request for Proposal (RFP) for the provision of a Town Hall
Feasibility Study which may include an analysis of future floor space requirements for a Town
Hall, conceptual design, a detailed cost estimate and a schedule for the construction/renovation
of a building.
EXECUTIVE SUMMARY
The existing lease for the corporate office space located at 200 Broadway Street expires
December 31, 2018. Report CAO 13-15 attached to this report outlines the details of the Lease
Expansion and Amending Agreement that was entered into in 2013. The current lease does not have any provisions for any additional renewal periods.
The Chief Administration Officer is recommending that a Town Hall Steering Committee be
established with the appropriate terms of reference in order to advance the development of a
Town Hall project work plan to include a public engagement process based on the Council
approved Public Engagement Guidelines, identification of possible site locations, budget requirements, possible joint use, drafting of a request for proposal for a feasibility study to
include such items as an analysis of future floor space requirements, conceptual design, cost
estimates and construction/renovation schedule. The Town Hall Steering Committee would
report to Council.
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The Chief Administrative Officer will bring a report to Council with a proposed recommendation for the composition of a Town Hall Steering Committee and terms of reference for Council’s
consideration.
CONSULTATION/COMMUNICATION
It is anticipated that a Town Hall Steering Committee would have representation from Council, staff, the Development Committee and others from such disciplines as architecture, engineering, etc. In addition any consultation and communication done by the Town Hall Steering Committee
would follow Council’s recently approved Public Engagement Guidelines. As Council would
expect, one of the tasks of the Steering Committee would be to define a Public Engagement
plan appropriate for such an important public project.
COMMUNITY STRATEGIC PLAN IMPACT
Excellence in Local Government through the development of a standalone Town Hall as the seat
of government for the municipality of the Town of Tillsonburg.
Ensure the implementation of an appropriate communication strategy to inform the community and obtain input from the community as the project moves forward.
FINANCIAL IMPACT/FUNDING SOURCE
The Town Hall Steering Committee may require some town funding for meeting expenses which
can be accommodate within the current budget. Any other funding requests would come to
Council for approval prior to any resources being allocated. As well, should a building project proceed a funding plan would be required and a budget established including sources of funding.
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STAFF REPORT
CAO
Report Title: Lease Expansion and Amending Agreement
Report No.: CAO 13-15
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: DECEMBER 9, 2013
Attachments:
LEASE EXPANSION AND AMENDING AGREEMENT
RECOMMENDATION:
That Council receives Report CAO 13-15 – Lease Expansion and Amending Agreement;
And That Council approve the lease expansion and amending agreement with RMM
Tillsonburg Centre Property Inc for space at the Tillsonburg Town Centre according to the
terms and conditions as outlined in Report CAO 13-15;
EXECUTIVE SUMMARY
The purpose of this report is to seek Council’s approval to extend the existing lease for the corporate space on the second floor at the Tillsonburg Town Centre and to lease additional
space on the second floor for Town use. CAM is Common Area Maintenance which all
tenants share in the cost of based on annual building maintenance costs. The following
terms and conditions apply to the lease expansion and amending agreement:
Term of Expansion Unit: Five (5) years as of October 2, 2013
Renewal Term of Existing Unit: Three (3) years as of October 2, 2015
Landlord’s Work of Expansion Unit: Landlord to replace existing ceiling tiles
Expansion Premises: Unit 2208 (2,023 sq ft)
Existing Premises: Unit 2204 (6,790 sq ft)
Minimum Rent Expansion Unit: Years 1-2 $8.00 psf per annum
Years 3-5 $8.50 psf per annum
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Minimum Rent Existing Unit: Years 1-3: No further increase as of the last increase
in rent based on CPI index in 2014 as per the Lease
Amending and Extending Agreement dated June 21,
2010.
Estimated C.A.M. $4.29 psf per annum (based on 2013 estimate)
CONSULTATION/COMMUNICATION
Staff met with Mayor Lessif, Council Klein and Councillor Getty to review the proposed lease
amending agreement and extending agreement.
BACKGROUND
The 2014 budget contains funding for the current corporate office space as well as an
allocation for Common Area Maintenance costs for the expansion space. The Town has been
using the expansion space over the years for various activities the most recent being for the IT consultant operations. The previous arrangement was that the Town would pay the utility
costs related to the expansion space. The landlord wishes to formalize the arrangement
with a lease agreement. The 2014 budget has an allocation to include funding to cover the annual cost of the leasing the expansion space.
Staff would like to secure the expansion space for boardroom use, space for special projects
and summer student’s. In addition, the CAO is reviewing operations to determine if other
staff would be better accommodated in the Corporate Office space such as the County IT
support person and a Director position. Consideration would also be given to dedicating an office in the expansion space for use by Town Councillors to hold meetings with constituents
or do council related work.
Staff is also recommending that the current lease which expires in 2015 be extended by 3 years and be harmonized with the expansion space lease. As a result the lease for the
current space and the expansion space will expire in 2018. It was also felt this time line
would provide opportunity for the corporation to look at the overall space needs for the
organization and decide if there is a desire to consolidate staff into one location and/or
investigate opportunities for a stand alone Town Hall.
FINANCIAL IMPACT/FUNDING SOURCE
As noted, funding is provided for the current lease space and the expansion space in the
2014 budget. The total cost for the space in years 2014 to 2018 is as follows:
Expansion Space Years 1 and 2 - $16,184 plus (CAM) $8,768.68 = $24,952.68
Years 3,4 & 5 - $17,195.50 plus (CAM) $8,768.68 = $25,964.18
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Existing Space Years 1-3 (2015 to 2018) – No further increase as of the last
increase in rent based on CPI index in 2014 as per the Lease
Amending and Extending Agreement dated June 2010. In 2013 the per square foot cost of the existing space was
$16.79 psf and CAM is $4.29 psf.
APPROVALS
Author
Name/Signature David Calder
Date:
November 18,
2013
Director
Name/Signature Date:
Finance
Name/Signature Darrell Eddington
Date:
November 18,
2013
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STAFF REPORT
CLERKS OFFICE
Title: INDEMNIFICATION BY-LAW
Report No.: CL 15-08
Author: DONNA WILSON
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
MARCH 23, 2015
Attachments: INDEMNIFICATION BY-LAW
MILLER THOMSON LEGAL CORRESPONDENCE
FRANK COWAN COMPANY CORRESPONDENCE
RECOMMENDATION
THAT Council receives report CL 15-08 Indemnification By-law;
AND THAT the By-Law be brought forward for Council consideration.
PURPOSE
The purpose of this Report is to inform Council of the need for a By-Law to insure the protection of current and former Council Members, Local Board Members and Employees and
to obtain Council endorsement to bring forward an indemnification by-law.
BACKGROUND
Section 279 of The Municipal Act, 2001 permits the Town to act as an insurer for the protection
of members of Council and employees, or former members of Council and employees, against risks that may result in pecuniary loss or liability for them. This would include protection against the payment of any damages or costs awarded or expenses incurred by them as a
result of any action or other proceeding arising out of acts or omissions done or made by them
in their capacity as employees or members, including while acting in the performance of any
statutory duty, as well as settlements paid and costs incurred to defend such proceedings.
A municipality has a variety of functions, some legislative, some quasi-judicial and some
administrative which may be categorized as business powers. In exercising its authority a
municipality may incur liabilities in contract and in tort, including liability in negligence.
Exposure to liability under various Acts and provincial downloading has brought new areas of
exposure including the imposition of harsh penalties on elected representatives and senior managers for the actions of municipal staff, which has increased the risks still further. It is
therefore apparent that we must put in place appropriate protections against personal liability
to ensure that competent staff, volunteers and Council members are protected.
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The Town would assume the costs of defending the individual in the action and pay any damages or costs awarded which are not paid or reimbursed through the Town’s insurance
program against any liability incurred by such individual.
This by-law would not apply to an action or proceeding where the legal proceeding relates to a
grievance filed under the provisions of a collective agreement or to disciplinary action taken by the Town as an employer, or an action derived from a highway traffic act violation or under the criminal code or any legal expenses incurred by members of council or committees to
determine if they have a pecuniary interest in a matter.
The purpose of an indemnification by-law is to provide consistency and predictability in the ability to obtain financial assistance where legal proceedings are commenced against a current or former member of Council or employee, in relation to actions taken in the course of their
official or employment duties.
An indemnification by-law supports employees who may be named in lawsuits for actions taken in good faith in the course of regular duties. Such lawsuits against municipal staff are not uncommon, and just because someone is sued, does not mean they have done anything
wrong. Despite that, there is still a cost to defending meritless, frivolous or vexatious lawsuits.
Indemnification by-laws are important as they support the Town’s desire to value and
encourage a highly motivated workforce as well as its interest in attracting, retaining and promoting skilled staff.
CONSULTATION/COMMUNICATION
Staff has consulted with a number of municipalities regarding best practices for
Indemnification. The majority of municipalities consulted have adopted an Indemnification By-Law.
The Town’s lawyer has reviewed the draft and their comments were incorporated into the by-
law accordingly. They agree that it is appropriate for the town to adopt an indemnification by-
law in order to protect its current and former councilors and employees from personal liability that could arise out of the good faith performance of their official or employment duties.
The Town’s insurer was also consulted and their comments were that although the Town has
insurance policies to provide coverage which includes councillors and employees while acting
in the scope of their duties, there may be incidents where the employee is not covered, this would be determined on a case by case situation. Also, despite the extent of coverage, there are inevitably gaps in coverage, such as where losses are within the deductible amount.
FINANCIAL IMPACT/FUNDING SOURCE
The financial impact will be determined on a case by case basis.
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THE CORPORATION OF THE
BY-LAW NUMBER 3888
A By-law to Provide for the Indemnification of Current and Former Council
Members, Local Board Members and Employees of the Town of Tillsonburg.
WHEREAS Section 279 of the Municipal Act, 2001 S.O. 2001, c. 25 as amended provides that, despite the Insurance Act, a municipality may be or act as an insurer
and may exchange with other municipalities in Ontario, reciprocal contracts of
indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with
respect to the following matters:
1. Protection against risks that may involve pecuniary loss or liability on the
part of the municipality or any local board of the municipality.
2. The protection of its employees or former employees or those of any local
board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.
3. Subject to Section 14 of the Municipal Conflict of Interest Act, the protection
of the members or former members of council or of any local board of the
municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members.
4. Subject to Section 14 of the Municipal Conflict of Interest Act, the payment
of any damages or costs awarded against any of its employees, members,
former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done
or made by them in their capacity as employees or members, including while
acting in the performance of any statutory duty.
5. Subject to Section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other
proceeding referred to in Paragraph 4 and for assuming the cost of defending
the employees or members in the action or proceeding.
AND WHEREAS exposure to liability under Acts dealing with areas such as environmental impairment or fisheries protection have prompted some municipalities
to enact indemnification by-laws to address any gaps in their insurance coverage;
AND WHEREAS Provincial downloading has brought new areas of exposure
including the imposition of harsh penalties on elected representatives and senior managers for the actions of front-line staff, which has increased the risks still further;
AND WHEREAS Council would like to address the indemnification needs of
Council members, local board appointees and employees in a comprehensive
manner;
AND WHEREAS Council wishes to put in place appropriate protections against
personal liability to ensure that competent staff, competent volunteers and competent
Council members continue to be attracted to serve the Town of Tillsonburg; NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg
enacts as follows:
1. Scope The Town of Tillsonburg Indemnification By-law shall apply to all current and
former members of Council, current and former members of Local boards and
committees, and all current and former employees, subject to the limitations outlined
in this By-law.
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2. Definitions
For the purposes of this By-law:
“Action or proceeding” means an action or proceeding with any process issued out of
or authorized by any court, administrative tribunal or other administrative,
investigative or quasi-judicial body.
“Council” means the Council of The Corporation of the Town of Tillsonburg.
“Employee” means any salaried officer, or any other person in the employ of the
Town or of a local board or committee and includes persons that provide their
services on behalf of the Town without remuneration, exclusive of reimbursement of
expenses provided that such persons are appointees of the Town or volunteers acting under the direction of a person in the employ of the Township.
“Former employee” means a person who was formerly an employee of the Town or
local board.
“Former member” means a person who was formerly a member of a Council of the
Town or local board.
“Individual” means a person who was a member of Council or was an employee, as
the case may be, at the time the cause of action or proceeding arise or at the time that the act or omission occurred that gave rise to the action or proceeding,
notwithstanding that prior to judgment or other settlement of the proceeding, the
person may have become a former member or former employee.
"local board" means a municipal service board, police services board, planning board, or any other board, commission, committee, body or local authority
established or exercising any power or authority under any general or special Act
with respect to any of the affairs or purposes, including but not limited to members
of any advisory committee including, but not limited to the following, the
Accessibility Advisory Committee, Cultural Advisory Committee, Development Committee, Heritage, Beautification & Cemeteries Committee, Museum Advisory
Committee, Parks & Recreation Committee, and any subcommittee appointed by any
committee of Council and excluding a school board.
“Town” means The Corporation of the Town of Tillsonburg.
3. Excluded Actions and Proceedings
a) This By-law does not apply to: i) an action or proceeding where the legal proceeding relates to a grievance
filed under the provisions of a collective agreement or to disciplinary action
taken by the Town as an employer;
ii) an action or proceeding brought under the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended and the Criminal Code, R.S. 1985, c. C-46 as amended unless such proceedings arose as a result of the individual’s good faith
pursuit or performance of the individual’s assigned duties;
iii) any expenses incurred by members of Council or a local board in obtaining
legal advice to determine whether the member has a pecuniary interest in a matter which is the subject of a determination or consideration by Council or local board as defined herein; or
iv) an action or proceeding commenced by the Town.
The determination as to whether or not an action or proceeding is covered by this By-law shall be exercised by the Town in its sole discretion.
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4. Indemnification
a) Good Faith – lawful conduct
The Town shall indemnify an individual in the manner and to the extent provided by Section 4 c) in respect of any civil, criminal or administrative action or proceeding,
including appeals, brought by a third party for acts or omissions arising out of the
scope of the individual’s authority or within the course of the individual’s
employment or office if: i) the individual acted honestly and in good faith with a view to the best
interests of the Town; and
ii) in the case of a criminal or administrative action or proceeding that is
enforced by a monetary penalty, the individual had reasonable grounds for believing that his or her conduct was lawful.
b) Town Appointed Solicitor – to determine
In the event that any determination is required as to whether an individual meets the requirements of this Section, the Town’s appointed Solicitor shall determine if there are any terms and conditions that may apply to the indemnification of an individual.
c) Manner and extent of indemnification
The Town shall indemnify an individual who meets the requirements of Section 4 a) and b) by:
i) assuming the cost of defending such individual in an action or proceeding;
ii) paying any damages or costs, including a monetary penalty, awarded against such individual as a result of an action or proceeding;
iii) paying, either by direct payment or by reimbursement, any expenses
reasonably incurred by such individual as a result of an action or proceeding;
and
iv) paying any sum required in connection with the settlement of an action or proceeding;
to the extent that such costs, damages, expenses or sums are not assumed, paid or
reimbursed whether under any provision of the Town’s insurance program or
otherwise for the benefit and protection of such individual against any liability incurred by such individual.
5. Action – Proceedings
a) Persons served with process
Where an individual is served with any process issued out of or authorized by any
court, administrative tribunal or other administrative, investigative or quasi-judicial
body, other than a subpoena, in connection with any action or proceeding the
individual shall forthwith deliver the process or a copy to the Chief Administrative Officer and/or Town Clerk, who in turn shall deliver a copy to the Town’s Insurance
Broker and the Town’s appointed Solicitor.
b) Lawyers retained by the Town’s insurers Notwithstanding any other provision of this By-law to the contrary, any lawyer
retained by the Town’s insurers from time to time to defend the Town in any action
or proceeding shall represent an individual with respect to that action or proceeding
unless the Town instructs such individual otherwise.
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c) Town’s right to select lawyer
Subject to Section 9 and to paragraph c) ii) of this section, the Town shall have the
right to select and retain the lawyer to represent an individual and the CAO shall:
i) advise such individual of the lawyer selected to represent the employee; and
ii) advise the Council of the final disposition of the matter.
6. Conduct of Defence
Where possible, the Town’s Solicitor shall conduct the defence of such actions or
proceedings. In exceptional circumstances the use of the Town’s appointed Solicitor
may not be possible and subject to Section 5 b) and Section 10 outside legal counsel
may be retained having regard to:
i) whether the Town’s appointed Solicitor has the required expertise;
ii) whether the Town’s appointed Solicitor can provide the commitment of time
and resources that is required; or
iii) whether the Town’s appointed Solicitor is or may be in a conflict of interest situation by virtue of conducting the defence of the individual.
7. Settlement – Council Approval
Council shall have the right to approve the settlement of any action or proceeding.
8. Request for Approval of other Lawyer
Subject to the provisions of this section, an individual may request approval to be represented by the lawyer of the individual’s choice by writing to the CAO.
9. CAO or Designate – Review Request – 10 Days
The CAO or Designate shall within 10 days from receiving the request, either approve the request or deny the request and nominate a lawyer of the Town’s choice
and, in either case, advise the individual in writing of such decision. The authority to
make this decision shall be in the sole authority of the CAO or Designate. In the
event that the CAO or Designate does not advise the individual in writing of his or her decision within ten (10) day from receiving the request, the request shall be deemed to be refused.
10. Duty to Cooperate
An individual involved in any action or proceeding shall cooperate fully with the Town and any lawyer retained by the Town to defend such action or proceeding,
shall make available to such lawyer all information and documentation relevant to
the matter as are within his or her knowledge, possession or control, and shall attend
at all proceedings when requested to do so by such lawyer.
11. Failure to Comply – Conflict
a) Failure to Comply with By-law
If an individual fails or refuses to comply with the provisions of this By-law, the
Town shall not be liable to assume or pay any of the costs, damages, expenses or
sums arising form the action or proceeding and shall not be subject to the requirements of Section 4 c) of this By-law.
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b) Conflict – Insurance Policies
The Town maintains many different policies of insurance for both the Town and
members of Council, officers and employees. The provisions of this By-law are intended to supplement the protection provided by such policies of insurance. In the
event of conflict between this By-law and the terms of such policy of insurance in
place from time to time of such policy or policies of insurance shall prevail.
12. Appeal – Enactment
a) Appeals
Where an individual seeks to appeal a judgment in a covered action or proceeding, the Town shall have the sole discretion to determine whether an appeal should be pursued, and whether the cost of the appeal will be covered by this By-law. If an
individual pursues an appeal without representation by the Town and is successful in
that appeal, the Town shall have the sole discretion to determine whether the
individual shall be indemnified for his or her legal fees.
13. Effective Date
That this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME this 23rd day of March, 2015.
READ A THIRD TIME AND FINALLY PASSED this 23rd day of March, 2015.
___
Mayor, Stephen Molnar
____________________________ Town Clerk, Donna Wilson
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STAFF REPORT
CLERKS OFFICE
Title: VOTERVIEW
Report No.: CL 15-09
Author: DONNA WILSON
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
MARCH 23, 2015
Attachments: VOTER LIST MANAGEMENT SERVICES AGREEMENT
RECOMMENDATION
THAT Council receives Report CL 15-09 Voterview;
AND THAT a By-Law be brought forward for Council consideration, to authorize the Mayor and
Clerk to enter into a Voter List Management Services Agreement with Comprint Systems Inc.
PURPOSE
The purpose of this Report is to obtain Council authority to enter into an agreement with
Comprint Systems Inc. for voter list management services in order to use voterview software
over the course of the next four years.
EXECUTIVE SUMMARY
Since 2006 the Town has utilized the voter list management software called Voterview.
Voterview is an internet based application which provides staff with an electronic voters list.
The system is web-based and compatible with Microsoft windows operating systems. It is
password protected, user-friendly and intuitive. The system allows staff to make changes to the voters list and keep the data current over the course of the four years leading up to an
election by updating information throughout the election cycle.
The Town has entered into previous agreements with Comprint Systems Inc. in 2007 and 2010
each for four year terms to allow staff to maintain the database. This should ensure for more
accurate lists prior to the next municipal election. Staff has enhanced this process after each Municipal Election to ensure more accurate voters’ lists are maintained and to reduce the
number of changes required prior to the next municipal election in 2018.
It continues to be a problem to ensure voters lists are accurate moving toward an election.
Staff will now be working with the Customer Service Centre, particularly billing services and the
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tax department to ensure any property owner changes in the next four years will be captured in the database.
Section 22 of the Municipal Elections Act authorizes the Clerk to make corrections in the voters
list, the Clerk may use any information that is in the local municipality’s custody or control.
As we continue to use the system staff become more aware of the issues that present themselves during an election. This past election, it was identified that new home owners and properties that had changed hands throughout the past four year period may not have been
captured in the database the Town received from the Municipal Property Assessment
Corporation (MPAC); as those updates may not have been updated consistently. It is
presumed that we will have a more accurate and up to date voters list prior to the next municipal election if staff make those changes in the database on information received from the Customer Service Centre.
CONSULTATION/COMMUNICATION
Staff has consulted with a number of municipalities regarding best practices for voter list management services. The majority of municipalities consulted use the voter list management
services provided by Comprint Systems Inc.
FINANCIAL IMPACT/FUNDING SOURCE
The cost of the service for the four year term is $5,900 which shall be paid in four installments
of $1,475. The first installment is due upon the signing of the agreement and the remaining
installments shall be paid at the start of the years 2016, 2017 and 2018. In 2015, the funds for
this service shall be derived from the reserve funds set aside within each year’s budget for
election financing.
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STAFF REPORT DEPARTMENT
Report Title: Airport Advisory Committee
Report No.: CL 15-11
Author: Jeff Bunn, Deputy Clerk
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments: AIRPORT ADVISORY COMMITTEE TERMS OF REFERENCE
RECOMMENDATION:
THAT Council receive report CL 15-11 Airport Advisory Committee;
AND THAT staff be directed to bring back a list of citizens who have expressed interest in the
Airport Advisory Committee for Council consideration.
EXECUTIVE SUMMARY
As Council may recall, interest in the formation of an Airport Advisory Committee was raised during both the new Council Orientation Sessions and the 2015 Budget Deliberation process.
During the budget deliberation process staff were asked to bring forward a report on the Airport
Advisory Committee. This report outlines the proposed mandate, committee composition of the
Airport Advisory Committee, and includes a draft terms of reference for Council consideration.
Mandate
The following mandate has been reviewed by the Economic Development Commissioner and
takes into consideration findings from the 2010 Airport Feasibility (Strategy) study:
To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg
Regional Airport. The Airport Advisory Committee will provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to
the Airport Master Plan, strategic initiatives and operational improvements. The
Committee will also provide a forum for dialogue, communication and education.
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Committee Composition
The proposed committee composition is as follows:
•Airport tenants (at least 2 or 3)
•Pilots or former airport managers (2-3)
•Town Councillor (1)
•Southwest Oxford Township councillor(1)
Non-voting members:
•2 Town Staff
•Oxford County representative
COMMUNITY STRATEGIC PLAN IMPACT
An Airport Advisory Committee will demonstrate an excellence in local government through
increased opportunities for citizens and stakeholders to be included in oversight on municipal operations.
FINANCIAL IMPACT/FUNDING SOURCE
There is no impact on municipal finances.
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Airport Advisory Committee
Terms of Reference
Mandate
To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg
Regional Airport. The Airport Advisory Committee will provide a forum for receiving input
and advice from aviation stakeholder groups and the community with respect to the
Airport Master Plan, strategic initiatives and operational improvements. The Committee
will also provide a forum for dialogue, communication and education.
1.0 Role of the Airport Advisory Committee
The Airport Advisory Committee will provide input and advice on Airport matters as
follows:
•Airport policies including master plan implementation and updates;
•Long term strategies to grow and expand the airport including infrastructure
improvements/expansions and services;
•Opportunities to support the financial self-sufficiency of the airport including
increased revenues and decreased costs;
•Airport awareness including marketing and promotion initiatives;
•Airport initiatives and events;
•Tourism initiatives related to the Airport;
•Advise on aviation matters or initiatives including existing and regulations
proposed by external agencies; and,
•Matters referred to the Advisory Committee by Council.
2.0 Organization of the Committee
The Committee should be composed of people from the Greater Tillsonburg
Area/Oxford County who demonstrate a strong commitment to the terms of reference. A
cross selection of people should attempt to be chosen in order to bring to the committee
relevant technical and professional expertise as well as strong advocacy,
communication and organizational skills.
2.1 Appointment will be advertised in local newspapers as per Town’s procedures for
Committees of Council.
2.2 Committee Members will be appointed by Council.
2.3 The committee should be composed of members from the following categories:
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•Airport tenant (minimum 2)
•Pilots (minimum 2)
•Transport Canada, NavCanada or other aviation agency representative (1)
•Town councillor (1)
•Southwest Oxford Township councillor(1)
Non-voting members:
•2 Town Staff
•Oxford County representative
2.3 The term of a Committee Member is four (4) years to coincide with the term of
Council.
2.5 A Committee Member may apply for re-appointment for three consecutive terms, in
order to ensure transfer of knowledge and continuity amongst Committee Members.
2.6 One member will be appointed by vote of the committee at the first meeting of each
term to chair the meetings for that term. The committee will also, at this time, select
a vice- chair and secretary for the same duration.
2.7 A Municipal staff person shall interact in an advisory manner to the committee.
3.0 Meetings
3.1 The Committee will hold a minimum of four (4) quarterly meetings with additional
meetings at the call of the Chair.
3.2 The date and time of the regular meetings will be established at the first meeting of
each term.
3.3 Meetings will have a formal agenda.
3.4 Agendas and information packages, that will include the minutes from the previous
meeting, will be sent (via mail, e-mail, or fax) to Committee Members prior to each
meeting.
3.5 A majority of Committee Members will constitute quorum for the transaction of
business.
4.0 Role of the Chair
The Chair is responsible for insuring the smooth and effective operation of the
Committee and its roles. This will include responsibility for:
4.1 Calling the meetings to order.
139
4.2 The Chair is encouraged to create an informal atmosphere to encourage the
exchange of ideas such as, using a roundtable format.
4.3 Creating an agenda in consultation with the Secretary.
4.4 Chairing the meetings.
4.5 Acting as spokesperson.
4.6 Representing the Committee on other committees when necessary.
4.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law
4.8 In the absence of the Chair, these responsibilities will be undertaken by the Vice-
Chair.
5.0 Role of the Secretary
The Secretary is responsible for ensuring a complete up to date record for the
Committee.
5.1 In liaison with the Chair, arrange date, time and venue for meetings.
5.2 In liaison with the Chair, set agendas and circulate to the members two business
days prior to the meeting.
5.3 Circulate draft minutes to the members.
5.4 Keep a complete up to date record of the committee minutes.
6.0 Role of Members
Membership on the Committee is a position of responsibility and requires a strong
commitment to the Terms of Reference. Committee members are required to:
6.1 Attend all regular scheduled meetings. Members are required to notify the Chair,
Secretary or the designated municipal staff liaison if they are unable to attend a
meeting.
6.2 Review all information supplied to them.
6.3 Prepare information for use in the development of materials for the Committee.
6.4 Promote the role of the Committee.
6.5 Offer input to committee reports to Council.
6.6 Attend training as required to effectively perform their role as a committee member.
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6.7 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O,
1990, c.M50 and must disclose any direct or indirect pecuniary interest. The
disclosure must be recorded in the minutes of the meeting.
7.0 Role of Municipal Staff
The Town of Tillsonburg, by its nature and purpose, affects and is affected by many
different Municipal departments. Assistance will be provided on an as required basis
from various departments. Municipal staff will be responsible for carrying out the
following functions with respect to the Committee:
7.1 Acting as an information resource.
7.2 Orientation of Committee members at the first meeting after Council appointment.
7.3 Assist the Committee in its reporting to Council (see Sec. 7.0).
7.4 Provide correspondence to the Committee.
8.0 Reports to Council
The Committee may advise and make recommendations to Council in accordance with
its role. Reports may be submitted as follows:
8.1 By a Council representative.
8.2 By the Chair or the designated representative.
8.3 Minutes from the Committee meetings.
8.4 Written reports.
An annual report will also be submitted to Council at the beginning of each new year
outlining the Committee’s accomplishments in the previous twelve months.
141
STAFF REPORT CLERK’S OFFICE
Report Title: Community Strategic Plan Update
Report No.: CSP 15-01
Author: Jeff Bunn, Deputy Clerk
Meeting Type: COUNCIL MEETING
Meeting Date: MARCH 23, 2015
Attachments:
RECOMMENDATION:
THAT Council receive report CSP 15-01, Community Strategic Plan Update.
EXECUTIVE SUMMARY
On January 12, 2015, report CAO 15-02 Community Strategic Plan (CSP) –Implementation, was
received and endorsed by Council. In the report, the CAO identified a champion for the plan who
will report on the status of the CSP to the CAO and Council. This is the first status report from
the CSP Coordinator.
The following provides brief highlights pertaining to the status of the four strategic objectives of
the CSP:
Excellence in Local Government
By identifying a CSP Coordinator responsible for leading the implementation of the Community
Strategic Plan, one of three Key Performance Indicators for Excelling in Local Government has been satisfied. Similarly, with Council’s endorsement of the Public Engagement
Guidelines/Policy, residents will becoming increasingly aware of public initiatives and will be
made aware of the appropriate contacts for Town projects and initiatives. With this in mind, all
staff have received training on tools made available through the Public Engagement
Guidelines/Policy, and roll out of said tools has already started. Through use of the Public Engagement Guidelines/Policy, the Town is demonstrating the goal of accountability and is
simultaneously fulfilling another Key Performance Indicator which is to make citizens aware of
ongoing initiatives and appropriate contacts. Similarly, staff have drafted a Communication
Strategy currently under review and it will be brought to Council at a later date.
Overall, the short-term goals of excellence in local government should be considered ‘low-hanging fruit’ and are easily achievable in a 1-3 year span.
142
Economic Sustainability
With respect to Economic Sustainability there has been a great amount of progress in meeting
the short-term goals of the CSP. Measuring the success to-date of implementing the
recommendations/action items of the 2008 Economic Strategy is on-going and identification of
the next steps is underway. In regards to publishing a retail diversification strategy, the Economic Development Office also reports that regular meetings with the BIA and Chamber of Commerce and other stakeholders are advancing, and that the group is currently identifying
gaps in retail services. No date has been set to publish a retail diversification strategy.
Additionally, the EDO has been working alongside Glendale High School to plan a career day,
scheduled for April 22, 2015, focused on matching the career interest of students with employment opportunities and in-demand skills. By working alongside Glendale High School and local businesses/industry leaders, the Town is identifying gaps in local skill/interests and industry
needs. In regards to the short term Key Performance Indicators base on providing appropriate
education and training opportunities in line with Tillsonburg economy, the Town is well on its way
to completion.
Overall, the Town is moving in a very positive direction to satisfy the 1-3 year Economic Sustainability goals the CSP.
Demographic Balance
Demographic Balance is an area that needs additional focus. Arguably there are many quick
wins that could be completed within the 1-3 year goals. For instance, launching a campaign that showcases successful long-term Tillsonburg residents and local young professionals could be added to the Discover Tillsonburg promotional initiative. Similarly, the Town could work with local
community organizations to promote existing volunteer opportunities via the corporate Facebook
page and website. It should be noted however, the existing F.A.R.E. program provides additional
support for local families, which does meet the suggested short term goal of providing such additional support.
Culture & Community
Steady progress is occurring with respect to Culture and Community. In particular, the Cultural
Improvement Alliance (CIA) is actively participating in the 2015 Turtlefest festivities, by addition
a tourism component to the Turtlefest Cultural Pavilion. Understandably, a more detailed summary and review of the CIA’s impact on the CSP will be provided to Council after Turtlefest has occurred.
Measuring the success to-date of implementing the recommendations/action items of the
Community Parks, Recreation and Cultural Strategic Master Plan has been on-going. Specific
action items in the Master Plan have been addressed primarily in business plans during budget deliberations, including the 2015 deliberations. A more specific review of the Master Plan will commence during the 3rd Quart 2015, with a full 5-year review occurring in 2016.
Another Key Performance Indicator well on its way to being completed is determination of
feasible alternative transportation options. By submitting to the Ministry of Transportation a
Community Transportation Pilot Grant Program Application, the Town is moving forward with
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143
exploring the viability of alternative transportation options such as community transportation or car share programs. Certainly, given that the application has already been sent to the Ministry of
Transportation, this intuitive may move quickly and satisfy the CSP short term goal. A further
status update will be provided when more information becomes available.
At this time it appears as though all the short term goals of the Culture and Community component are on schedule to be completed with the 1-3 year span.
The CSP Coordinator will continue to monitor the progress of the implementation of the CSP. In
addition, Senior Management is taking oversight of the various departmental specific goals
within the CSP. Staff will also be looking into how to facilitate a Town Hall meeting in order to
check in with the public and Council on the continued relevance of the various action items, including the need to add other action items as priorities of this Council.
The CSP Coordinator will report again to Council at its meeting scheduled for July 13, 2015.
FINANCIAL IMPACT/FUNDING SOURCE
At this time, many of the Action Items and Key Performance Indicators have been absorbed
within existing departmental budgets.
No additional funds are required at this time.
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STAFF REPORT
FINANCE
Report Title: LIABILITY FOR VACATION PAY
Report No.: FIN 15-14
Author: Andrew Jones/Darrell Eddington
Meeting Type: COUNCIL MEETING
Council Date: MARCH 23, 2015
Attachments:
RECOMMENDATION:
THAT Council receive Report FIN 15-14 Liability for Vacation Pay as information.
EXECUTIVE SUMMARY
As Council will recall, at the Council meeting of February 26, 2015, the Director of Finance
noted an unrecorded and unfunded liability of approximately $450,000 with respect to
vacation pay in the December 31, 2014 Q4 financial results. This report explains how the
liability arose and the requirement to record the liability in the Town’s financial statements.
Employees are entitled to take vacation time they earn for a particular year of service as
paid time off in the following year. It is the current practice of the Town to record the
salaries expense for vacation time in the year vacation days are actually used by employees (on a cash basis). Accounting standards, however, require that the Town record the salaries
expense for vacation time in the year in which employees render the service entitling them
to vacation time (on an accrual basis). However, under section 3255 of the Public Sector
Accounting Standards, municipalities can defer the liability if the vacation pay is not taken
within one year and the liability is unfunded.
Given this one year lag between when vacation time is earned by employees (the point at
which an expense should be recorded in the Town’s financial statements) and when vacation time is taken by employees as paid time off (the point at which an expense is
currently being recorded in the Town’s financial statements) a review of the past two years,
2013 and 2014, was completed to understand and quantify the liability.
For example, as of December 31, 2013, there was approximately $360,000 in vacation time earned by employees for service rendered during 2013, which was not recorded as an
expense in the 2013 financial statements. Rather, the expense for the $360,000 was
recorded in the 2014 financial statements when employees actually took the time off related to the vacation time they earned for 2013 service. The 2014 financial statements, in
145
turn, do not currently record the cost of vacation earned by employees related to the 2014
service, which they will be entitled to take as paid time off in 2015. As far as Finance can
determine, this one year lag has existed as long as the Town (many years) has followed the
policy of requiring employees to accrue one year of vacation entitlement before taking vacation time as paid time off. This lag was discovered by Finance and Human Resources
after the adoption of the 2014 budget and was brought to the attention of Council at the
following Council meeting, February 26, 2015.
As noted above, the financial statements of the Town have historically recorded the prior
year’s vacation expense rather than the current year’s expense. This does not cause a
significant issue in terms of the annual expense recorded, since vacation expense does not
vary significantly from year-to-year. In order to bring the Town’s financial statements into
compliance with accrual accounting, the one-year lag needs to be recorded as an expense,
potentially causing a one-time increase in the years’ vacation expense to eliminate the lag.
The expense will result in the creation of a liability (or amount owing to employees) since the expense is settled in the following year when employees take their vacation time. How
this expense is to be recorded, in one year versus phased in over time, has been a
significant matter of discussion and research for Finance, and is discussed further below.
It is emphasised that the unrecorded vacation liability does not need to be satisfied by a
cash payment and can be managed through employees taking a sufficient amount of
vacation days as paid time off to draw down the liability over a number of years. To be
clear, vacation banks owing to employees have been recorded in accordance with the Town's vacation policy. This matter is a financial statement accrual matter, where the
liability the Town owes to employees, in terms of future vacation days, was not fully
recorded in the financial statements in the period employees worked to earn those days.
Staff is recording $135,000 of the $405,000 liability as at December 31, 2014 in the 2014
financial statements which will increase the 2014 salary expense, 2014 deficit and use of
reserves by $135,000. One third of the liability was recorded reflecting the vacation pay
anticipated to be taken within one year. The full amount of THI’s vacation liability for
employees engaged in THI functions in the amount of $67,000 is not included in this liability
and will be separately recorded in their 2014 financial statements.
Staff is further recording a $270,000 liability as an “unfunded liability” in the 2014 financial
statements, part of the Town’s accumulated surplus. An unfunded liability is an amount for
which future payments are larger than the funds currently budgeted to meet those
payments (i.e. specific funds are not earmarked for payment of the liability). As a result of
treating vacation time to be used in subsequent years as an unfunded liability, no increased
salaries expense for this liability will be recognized in the 2014 financial statements and
there will be no change to the 2014 deficit. This unfunded liability will be disclosed in the
notes to the financial statements.
It should be emphasized that the Town has always funded vacation costs as they are taken
by employees and that the recognition of additional liabilities results from a change in accounting treatment (a move from recognizing vacation expense on a cash basis to an
accrual basis). The only change in funding will be to accelerate how quickly employees take
vacation time, so as to draw down the recorded liabilities.
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CONSULTATION/COMMUNICATION
Throughout the identification and analysis of this issue Finance has consulted with the
Town’s auditor and the Finance departments of other municipalities. The Town’s auditor is in agreement with the accounting treatment proposed in this report. And it was through
consultation with other municipalities and the auditor that the possibility of unfunded
liability treatment, as discussed in this report, was discovered and included as part of the recommendations of this report.
COMMUNITY STRATEGIC PLAN IMPACT
No specific impact is noted.
FINANCIAL IMPACT/FUNDING SOURCE
Liability as at December 31, 2014 (rounded to the nearest $1,000):
Total vacation time earned by Town employees
as of December 31, 2014 $450,000
2014 liability recorded for vacation time carried forward (45,000)
2014 vacation entitlement $405,000
2014 recorded vacation expense $135,000
2014 unfunded vacation liability $270,000
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STAFF REPORT FINANCE
Title: BIA Debt Refinancing
Report No.: FIN 15-16
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: UPDATED ARL 032315
BYLAW 3890 ISSUANCE OF DEBT
RECOMMENDATION THAT Council receives report FIN 15-16 BIA Debt Refinancing.
AND THAT Council receives the updated annual repayment limit calculation;
AND THAT Council consider By-Law 3890 for three readings for the
refinancing of the BIA debt.
EXECUTIVE SUMMARY
To provide Council with the BIA’s request to refinance debt and obtain approval to issue
debt.
BACKGROUND
During the 2015 budget process, the BIA requested that maturing debt issued on their behalf in the amount of $43,082.54 be refinanced. Accordingly, the Director has updated
the Town’s Annual Repayment Limit and By-law 3890 is being brought forward for three
readings for Council consideration.
FINANCIAL IMPACT/FUNDING SOURCE
N/A.
148
149
150
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3890 A BY-LAW to authorize the Issuance of Debt.
WHEREAS the Municipal Act, 2001 Section 401 (1) provides that subject to this or any other Act, a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way,
and may issue debentures through the County of Oxford and prescribed financial instruments for or in relation to the debt;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has authorized the purposes
(individually a "Project") as set out in Schedule "A" attached thereto and desires to issue debt through the County of Oxford for the Project in the respective amount specified in Schedule "A;
AND WHEREAS before authorizing the Project and before authorizing any additional cost amounts and
any additional debt authorities in respect thereof, the Treasurer of the Corporation of the Town of Tillsonburg updated its most recent annual debt and financial obligation received from the Ministry of
Municipal Affairs and Housing in accordance with Ontario Regulation 403/02, and determined that the estimated annual amount payable in respect of the Project and the issuance of additional debentures
would not cause the Corporation to exceed the updated limit;
AND WHEREAS it is expected that the approved financing through a financial institution or County of Oxford will occur in Q2 2015;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT certain works as set out in Schedule "A" hereto attached are hereby authorized up to a
maximum cost of $48,085.54.
2. THAT Schedule "A" attached hereto is hereby declared to be a part of this By-Law as if written and incorporated herein.
3. THAT there shall be raised in each year in which an installment comes due by a rate on all applicable
rateable BIA property in the Town of Tillsonburg a specific amount sufficient to pay the said installment when and as it becomes due, but no greater rate shall be levied in any year for such purposes, than is
required to pay the installment. Such amount may be reduced by receipts from other sources in respect to the said works.
4. THIS By-Law shall come into full force and effect on the date of enactment..
READ A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_______________________
MAYOR – Stephen Molnar
_________________________
CLERK - Donna Wilson
151
THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3890
SCHEDULE A
Project Description Debt to be Issued Refinance BIA Broadway $43,082.54
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STAFF REPORT FINANCE
Title: 2014 REMUNERATION AND EXPENSES
Report No.: FIN 15-12
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: 2014 REMUNERATION AND EXPENSES
RECOMMENDATION
THAT Council receives report FIN 15-12 2014 Remuneration and Expenses as
information.
EXECUTIVE SUMMARY
To provide a report to Council for remuneration and expenses for the year ended
December 31, 2014.
BACKGROUND
Section 284 of the Municipal Act, 2001, S.O. 2001, requires that the Treasurer of a municipality shall, on or before March 31 of each year, provide to the Council of the
municipality an itemized statement of the remuneration and expenses paid in the previous
year to:
• each member of council in respect of his or her services as a member of the council
or any other body, including a local board, to which the member has been
appointed by council or on which the member holds office by virtue of being a
member of council;
• each member of council in respect of his or her services as an officer or employee of the municipality or other body; and
• each person, other than a member of council, appointed by the municipality to
serve as a member of any body, including a local board, in respect of his or her services as a member of the body.
FINANCIAL IMPACT/FUNDING SOURCE
The attached document summarizes the remuneration, conference, seminar and expenses
paid to Councillors and Board members for 2014 of $195,798.26 (2013 - $198,288.40).
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REMUNERATION & EXPENSE REPORT ANALYSIS
For the Year Ended December 31, 2014
POLICE CONFERENCES,
MEETING SERVICES HYDRO SEMINARS &
REMUNERATION PER DIEM BOARD BOARD EXPENSES TOTAL
*
Mayor Lessif $11,850.55 $1,308.11 $2,639.81 $1,438.11 $17,236.58
Mayor Molnar $1,124.59 $255.72 $372.09 $1,752.40
Councillor Renaud $12,718.77 $780.00 $3,609.59 $3,321.90 $20,430.26
Councillor Getty $11,490.58 $130.00 $5,836.22 $934.01 $18,390.81
Councillor Klein $11,490.58 $5,836.22 $113.09 $17,439.89
Councillor Stephenson $11,871.46 $1,014.00 $1,892.88 $14,778.34
Councillor Beres $23,353.55 $1,534.62 $2,626.05 $4,770.75 $2,314.12 $34,599.09
Councillor Rosehart $11,916.84 $255.72 $161.25 $12,333.81
Councillor Hayes $426.26 $0.00 $426.26
Councillor Esseltine $426.26 $0.00 $426.26
Councillor Carroll $6,219.67 $0.00 $6,219.67
Councillor Adam $426.26 $0.00 $426.26
Michael Bossy $7,157.00 $0.00 $7,157.00
John Gilvesy $7,157.00 $1,461.51 $8,618.51
Bryce Sibbick $4,473.13 $0.00 $4,473.13
Phil Esseltine $7,952.00 $3,383.11 $11,335.11
Scott McLean 2,379.70$ $0.00 $2,379.70
David Palmer $3,934.16 $0.00 $3,934.16
John Smith $650.00 $3,934.16 $1,644.96 $6,229.12
Larry Scanlan $520.00 $5,075.00 $1,616.90 $7,211.90
$103,315.37 $4,628.62 $20,998.51 $48,201.83 $18,653.93 $195,798.26
* Authorized under By-Law # 3480
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STAFF REPORT FINANCE
Title: 2014 DEVELOPMENT CHARGES ANNUAL STATEMENT
Report No.: FIN 15-11
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: 2014 DC RESERVE FUND STATEMENT
RECOMMENDATION
THAT Council receives report FIN15-11 2014 Development Charges Annual
Statement.
AND THAT the Director of Finance be directed to file the annual statement with the Minister of Municipal Affairs and Housing within 60 days after the
statement has been received by Council.
EXECUTIVE SUMMARY
To provide to Council the 2014 Development Charges Annual Statement.
BACKGROUND
In accordance with Section 43(1) of the Development Charges Act, 1997, the Treasurer of
the Municipality shall each year give Council a financial statement relating to the development charge by-law and reserve funds established under By-Law No. 3827. And in
accordance with Section 43(3), the Treasurer shall give a copy of the statement to the
Minister of Municipal Affairs and Housing within 60 days after giving the statement to
Council.
The attached statement provides the 2014 continuity schedule for the development charge reserve funds.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2009
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads (478,135.62)$ $ (94,462.40) $ (3,179.42) $ (575,777.44)
Protection - Fire (20,366.85)$ $ (13,136.47) $ (155.49) $ (33,658.81)
Protection - Police (10,637.70)$ $ (8,982.91) $ (85.52) $ 8,692.90 $ (11,013.23)
Parking -$ $ (1,600.00) $ (1,600.00)
Storm Water -$ $ (80.00) $ (80.00)
Discounted Services
Recreation (167,516.01)$ $ (45,111.13) $ (1,099.84) $ 21,548.40 $ (192,178.58)
Library (145,184.23)$ $ (25,972.24) $ (979.76) $ 10,000.00 $ (162,136.23)
Municipal Facilities (124,564.75)$ $ (25,224.63) $ (825.28) $ (150,614.66)
Administration (23,869.93)$ $ (1,452.88) $ (200.11) $ 3,270.42 $ (22,252.50)
Total (970,275.09)$ $(216,022.66) $ (6,525.42) $ 43,511.72 $ - $ (1,149,311.45)
0.00
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2014 DC Reserve Fund Statement
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2010
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads (575,777.44)$ $(170,596.18) $ (2,398.90) $ 252,654.37 $ (496,118.15)
Protection - Fire (33,658.81)$ $ (12,429.87) $ (136.42) $ (46,225.10)
Protection - Police (11,013.23)$ $ (2,320.95) $ (47.13) $ 9,119.00 $ (4,262.31)
Parking (1,600.00)$ $ (10,530.00) $ (12,130.00)
Storm Water (80.00)$ $ (512.00) $ (592.00)
Discounted Services
Recreation (192,178.58)$ $ (62,406.30) $ (802.66) $ 35,191.49 $ (220,196.05)
Library (162,136.23)$ $ (32,618.61) $ (194,754.84)
Municipal Facilities (150,614.66)$ $ (30,050.28) $ (627.64) $ (181,292.58)
Administration (22,252.50)$ $ (954.35) $ (95.22) $ (23,302.07)
Total (1,149,311.45)$ $(322,418.54) $ (4,107.97) $ 296,964.86 $ - $ (1,178,873.10)
0.00
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2011
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads (496,118.15)$ $ (175,404.00) $ (6,333.02) $ 653,050.06 $ (31,821.37) $ (56,626.48)
Protection - Fire (46,225.10)$ $ (12,724.00) $ (592.58) $ - $ (59,541.68)
Protection - Police (4,262.31)$ $ (2,174.00) $ (57.12) $ - $ (6,493.43)
Parking (12,130.00)$ $ (11,026.00) $ (149.94) $ 23,305.94 $ -
Storm Water (592.00)$ $ (511.00) $ (7.16) $ - $ (1,110.16)
Discounted Services
Recreation (220,196.05)$ $ (64,011.00) $ (2,699.00) $ 16,492.00 $ (270,414.05)
Library (194,754.84)$ $ (32,478.00) $ (2,387.26) $ 45,451.64 $ (184,168.46)Municipal Facilities (181,292.58)$ $ (30,505.00) $ (2,227.66) $ - $ (214,025.24)
Administration (23,302.07)$ $ (891.00) $ (288.91) $ - $ (24,481.98)
Total (1,178,873.10)$ $ (329,724.00) $ (14,742.65) $ 738,299.64 $ (31,821.37) $ - $ (816,861.48)
0.00
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2012
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads (56,626.48)$ $ (119,267.00) $ (897.05) $ 253,039.00 $ 76,248.47
Protection - Fire (59,541.68)$ $ (8,646.00) $ (942.08) $ (69,129.76)
Protection - Police (6,493.43)$ $ (1,514.00) $ (101.85) $ (8,109.28)
Parking -$ $ (7,506.00) $ 7,506.00 $ -
Storm Water (1,110.16)$ $ (337.00) $ (17.62) $ (1,464.78)
Discounted Services
Recreation (270,414.05)$ $ (43,513.00) $ (3,383.83) $ (317,310.88)
Library (184,168.46)$ $ (22,070.00) $ (2,307.94) $ 20,000.00 $ (188,546.40)
Fleet (214,025.24)$ $ (20,743.00) $ (2,681.03) $ (237,449.27)
Administration (24,481.98)$ $ (600.00) $ (303.70) $ (25,385.68)
Total (816,861.48)$ $ (224,196.00) $ (10,635.10) $ 280,545.00 $ - $ - $ - $ (771,147.58)
0.00
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2013
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads 76,248.47$ $ (225,392.00) $ 653.21 $ 9,470.00 $ (139,020.32)
Protection - Fire (69,129.76)$ $ (16,361.00) $ (782.04) $ (86,272.80)
Protection - Police (8,109.28)$ $ (2,845.00) $ (160.64) $ 10,669.00 $ (445.92)
Parking -$ $ (10,989.00) $ 10,989.00 $ -
Storm Water (1,464.78)$ $ (617.00) $ (17.62) $ (2,099.40)
Discounted Services
Recreation (317,310.88)$ $ (80,586.74) $ (4,217.71) $ 152,310.00 $ (249,805.33)
Library (188,546.40)$ $ (41,165.92) $ (1,126.99) $ 230,839.31 $ -
Fleet (237,449.27)$ $ (38,648.00) $ (2,915.87) $ (279,013.14)
Administration (25,385.68)$ $ (1,094.00) $ (309.99) $ 6,557.96 $ (20,231.71)
Total (771,147.58)$ $ (417,698.66) $ (8,877.65) $ 420,835.27 $ - $ - $ - $ (776,888.62)
0.00
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TOWN OF TILLSONBURG
Development Charge Reserve Funds Statement
For the Year Ended December 31, 2014
Repayment of Transferred to Amounts Loaned Amounts Borrowed
Opening Accrued Borrowed Funds Capital or Amounts to other Service from Fund for Other Closing
Non-Discounted Services Balance Collections Interest Incl. Interest Other Funds Refunded Category Credits Municipal Purposes Balance
Roads (139,020.32)(220,850.00)(1,718.40)8,205.52 7,995.00 (345,388.20)
Protection - Fire (86,272.80)(30,863.00)(631.50)1,342.03 474.00 (115,951.27)
Protection - Police (445.92)(1,743.00)(10.56)1,027.70 126.00 (1,045.78)Parking 0.00 (8,562.00)(43.67) - 206.00 (8,399.67)
Storm Water (2,099.40)(4,258.00)(22.56) - 18.00 (6,361.96)
Discounted Services
Recreation (249,805.33)(65,837.00)(3,280.69)4,256.57 3,230.00 (311,436.45)
Library - (25,149.00) - 24,544.00 605.00 -
Fleet (279,013.14)(57,567.00)(3,464.12)2,470.52 1,136.00 (336,437.74)Administration (20,231.71)(2,298.00)(240.04)157.21 32.00 (22,580.54)
Total $ (776,888.62)$ (417,127.00)$ (9,411.54)42,003.55 13,822.00 - - $ (1,147,601.61)
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STAFF REPORT
OPERATIONS SERVICES
Report Title: Results for Tender # T2015-002 Trottier Stage 3
Reconstruction
Report No.: OPS 15-06
Author: Kevin De Leebeeck, P.Eng., Director of Operations
Meeting Type: REGULAR COUNCIL
Council Date: MARCH 23, 2015
Attachments: NONE
RECOMMENDATION:
THAT Council receive Report OPS 15-06, Results for Tender # T2015-002 Trottier Stage 3 Reconstruction;
AND THAT Council award Tender # T2015-002 to Elgin Construction of St.
Thomas, Ontario at a cost of $691,601.03 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT a By-law authorizing Mayor and Clerk to enter into an agreement
with Elgin Construction for the reconstruction of Richard and Denis Court and
Lady Avenue be brought forward for Council consideration.
SUMMARY
Tenders were called for the reconstruction of Richard and Denis Court and Lady
Avenue as shown in Figure 1. A total of seven (7) plan takers and all seven (7) bids
were received on March 10th 2015 with the lowest bid from Elgin Construction of St.
Thomas, Ontario for $691,601.03 (net HST included).
The reconstruction of Richard Court, Denis Court and Lady Avenue involves the
installation of new watermain and storm sewers, new asphalt road surface including
curb and gutter that will eliminate the need for road side ditches and culverts.
The tender was advertised on the Tillsonburg website, the Tillsonburg News and the
Daily Commercial News. Results of the tender are summarized below:
162
Bidder Location Bid Amount
1. Elgin Construction St. Thomas, ON $ 691,601.03
2. 291 Construction Ltd. Dorchester, ON $ 700,058.71
3. Birnam Excavating Ltd. Watford, ON $ 704,880.97
4. Tri-Con Excavating London, ON $ 740,454.10
5. Viewcon Construction Woodstock, ON $ 746,606.81
6. Omega Construction London, ON $ 803,422.91
7. Euro Ex Construction Woodstock, ON $ 898,986.00
The above bids include net HST of 1.76%
The lowest bid amount is comprised of $240,892.01 County and $450,709.02 Town
costs. The bids also included a $25,000 contingency allowance for advertising, material
testing, and any unforeseen expenses encountered during construction. Approval for the watermain and storm sewer works has been received through Transfer of Review from Oxford County. The references for Elgin Construction were also satisfactory.
CONSULTATION/COMMUNICATION
An information letter was hand delivered to affected residents on February 17th 2015 advising of the reconstruction project and that a set of drawings were available for
public viewing at the Customer Service Centre between the hours of 8am to 4pm from
February 17th to March 17th 2015. A total of three (3) residents came to view the
drawing set and provided additional comments summarized below: - Catch basins,
- Driveway culverts, and
- Construction timing.
The roadway profiles of the Trottier Stage 3 area being adjusted to improve surface drainage including the installation of catch basins that will eliminate the need for
driveway culverts. The removal of driveway culverts is part of the scope of work
including all required restoration works. It is anticipated that this project will be
completed by late summer. COMMUNITY STRATEGIC PLAN IMPACT
The Community Strategic Plan does not address to the activities of the Operations
Department.
Page 2 / 4
163
FINANCIAL IMPACT/FUNDING SOURCE
The Town budget component of funding is comprised of $400,000 from a Debenture
resulting in a budget shortfall of $50,709.02. Staff will try to mitigate this budget shortfall
during construction to reduce any additional debenture requirement. Although both reconstruction projects tendered this year have returned within 5% of the
total project budget estimate, engineering staff are reviewing the funding source
allocation breakdown to mitigate future discrepancies of the cost components between
the County and Town.
Page 3 / 4
164
Page 4 / 4
165
STAFF REPORT
OPERATIONS SERVICES
Report Title: Revised Pre-Servicing and Subdivision Agreement
Templates
Report No.: OPS 15-07
Author: Kevin De Leebeeck, P.Eng., Director of Operations
Meeting Type: REGULAR COUNCIL
Council Date: MARCH 23, 2015
Attachments: 1. PRE-SERVICING AGREEMENT TEMPLATE 2. SUBDIVISION AGREEMENT TEMPLATE
RECOMMENDATION:
THAT Council receive Report OPS 15-07 Revised Pre-Servicing and Subdivision Agreement Templates; AND THAT Council approves the form of the Pre-Servicing and Subdivision
Agreement templates;
AND THAT Council grant staff the authority afforded to them within the form of agreements to pursue and enforce the provisions thereof.
SUMMARY
The need to revise the Towns subdivision agreement surfaced during a review of the outstanding deficiencies and legacy issues related to some of the ongoing
developments such as:
• Soil Stockpile location/removal
• Drainage
• Grading/Landscaping of Parkland
• Weed control
• SWM facility maintenance/ownership
• Sidewalk installation
• Surface asphalt installation
• Unclear phasing/staging
• Insufficient aging securities
• Formal assumption of subdivision
166
The intention of the revised subdivision agreement (attached) is to address these outstanding issues and to mitigate future construction and/or financial related issues
while also reducing the Town’s liability and exposure to risk. Some of the revisions
include:
• reorganization of the entire agreement to increase overall clarity that aligns with
the logical sequence of events;
• a new section to capture the requirements for the development of a subdivision in
phases or stages;
• improved language around the sufficiency of performance and maintenance
securities over the long term and the respective requirements for their release;
• restructured the layout of the municipal works and services section for greater clarity, including the requirements of SWM facilities, and removed unnecessary
technical terminology already captured by design criteria for simplicity;
• added a section that describes the developers obligations for damages or
changes to existing infrastructure as well as a new section that specifically speaks to the grading and drainage requirements of the lands;
• more clearly outlines the requirements for preliminary acceptance, final
acceptance, and eventual assumption of the subdivision by the Town and the
required maintenance during these times;
• introduction of a clause that requires the developer to install surface asphalt once
the majority of homes are built or within five (5) years of base asphalt installation;
• provides clarity regarding the commencement of winter maintenance by the Town and refuse collection by the County contractor;
• a new section that outlines the developers obligations with regards to dust and
weed control;
• increased clarity regarding the requirements for lot grading, building permits,
model homes, and occupancy permits;
• updated the insurance and indemnification clauses to current industry standards
and;
• several other modifications, adjustment, improvements, alterations and
formatting changes to produce a more comprehensive form of subdivision
agreement.
In addition the Pre-Servicing Agreement (attached) has also been revised to be more of
a standalone document that compliments the revised subdivision agreement, provides
clarity to its purpose, and more clearly describes the obligations of the developer.
Page 2 / 3
167
CONSULTATION/COMMUNICATION
The revised agreement templates have been circulated internally to all departments as
well as to County Public Works, the Town solicitor and the Town insurer for input and
comment all of which have been incorporated into the attached agreement templates. COMMUNITY STRATEGIC PLAN IMPACT
The Community Strategic Plan does not address to the activities of the Operations
Department.
FINANCIAL IMPACT/FUNDING SOURCE
None at this time
Page 3 / 3
168
Town of Tillsonburg Subdivision Pre-Servicing Agreement
Page 1 of 14
TOWN OF TILLSONBURG SUBDIVISON PRE-SERVICING AGREEMENT
THIS AGREEMENT made the day of , 2015. BETWEEN:
_________________________________
(hereinafter called the “Owner”) OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Town”)
OF THE SECOND PART
- and -
THE COUNTY OF OXFORD
(hereinafter called the “County”)
OF THE THIRD PART
WHEREAS the Owner represents that it is the registered owner of the lands described in
Schedule “A” attached hereto (the “Lands”) and proposes to subdivide the Lands by means of a
Registered Plan of Subdivision; AND WHEREAS the draft plan of the Lands to be subdivided was approved by the County on
draft plan approval date, under file SB__________, subject to conditions;
AND WHEREAS the Owner shall be required to enter into a subdivision agreement with the Town and the County prior to final approval of the draft plan;
AND WHEREAS it is the desire of the parties that the Owner be permitted to pre-service the
Lands and to complete entrance work provided certain conditions are met and certain securities
are provided by the Owner;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
Town and the County approving the said proposed Plan of Subdivision and the covenants
hereinafter expressed, the parties hereto covenant, promise and agree with each other as follows:
1. The Town and the Owner agree that the above recitals are true and incorporate same as
terms of this Agreement.
2. The terms defined in this section 2 shall have the following meanings unless the context
expressly or by necessary implication otherwise requires:
(a) “Agreement” means this agreement titled “Town of Tillsonburg Subdivision Pre-
Servicing Agreement” including each of the Schedules attached hereto;
(b) “Construction Lien Act” means the Construction Lien Act, R.S.O. 1990, c. C.30, as amended;
169
Town of Tillsonburg Subdivision Pre-Servicing Agreement
Page 2 of 14
(c) “Consulting Engineer” means a licensed professional engineer who carries current
Professional Liability Insurance and holds a current Certificate of Authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of
Professional Engineers of Ontario to offer professional engineering services to the
public;
(d) “Council” shall mean the Council of the Corporation of the Town of Tillsonburg;
(e) “County” shall mean the County of Oxford, including its successors and assigns
or the geographic area as the context requires;
(f) “Land” or “Lands” means the real property which is the subject of the Plan, the legal description of which is described in Schedule “A” attached to this
Agreement;
(g) “Owner” means collectively the registered owner or owners in fee simple of the Lands, its/his/her/their heirs, executors, administrators, successors and assigns and
agents thereof or contractors or subcontractors carrying out works for or on behalf
of the Owner.
(h) “Town” means the Corporation of the Town of Tillsonburg, including its successors and assigns or the geographic area as the context requires.
3. It is understood and agreed that the following Schedules are attached hereto and form part
of this Agreement:
(a) Schedule "A" – Description of the Lands;
(b) Schedule "B" – List of Engineering Design Drawings; and
(c) Schedule "C" – Restoration Cost Estimate
4. The parties hereto agree that the Owner shall be entitled to proceed to excavate material, process and stockpile fill, import fill, pre-grade and install services including a water
distribution system, sanitary sewer collection system, stormwater collection system,
stormwater management facilities, electrical distribution system, streetlight system, gas
and telecommunication utilities, grading of the road allowance to its full width with full
depth Granular ‘B’ and Granular ‘A’, curb and gutter, and base course asphalt within the boundaries of the Lands (all of which collectively will be referred to as the "Pre-
Servicing Works”), subject to the terms of this Agreement.
5. In consideration thereof, the Owner acknowledges, covenants and agrees as follows:
(a) that the sole purpose of this Agreement is to substantially negate the effect of the
Owner being required to post the required performance security insofar as the Pre-
Servicing Works are concerned and specifically acknowledges and agrees to enter
into a Subdivision Agreement with the Town and County. It is recognized that
until the same is executed and all other provisions thereof complied with that the Town is under no obligation to issue any Building Permit or Occupancy Permit
relative the Lands;
(b) the installation of the Pre-Servicing Works and all activity related thereto shall be
entirely at the risk, expense and cost of the Owner without any claim or recourse whatsoever against the Town or the County by virtue of the Owner undertaking
the Pre-Servicing Works prior to formal approval and registration of any plan or
plans of subdivision for the Lands;
(c) the Pre-Servicing Works shall be carried out and installed in accordance with the engineering design drawings contained in Schedule "B" attached hereto, which
documents will be, from time to time, amended and updated to the satisfaction of
the Town and/or County;
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Town of Tillsonburg Subdivision Pre-Servicing Agreement
Page 3 of 14
(d) the Pre-Servicing Works shall be installed in a good and workmanlike manner to
the satisfaction of the Town and/or County and in accordance with its standards, it being acknowledged that it is the sole responsibility of the Owner to ensure that the Pre-Servicing Works are installed to a standard that will permit formal
acceptance by the Town and/or County prior to the registration of any plan or
plans of subdivision for the Lands;
(e) the Owner acknowledges and agrees that engineering design drawings and specifications for the Pre-Servicing Works to be installed by the Owner on the
Lands, as submitted to the Town and County in accordance with the terms of this
Agreement, may require further amendment as a result of requirements imposed
by the Town and/or the County under the terms of the Subdivision Agreement to be entered into for the Lands. The Owner covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design
drawings and specifications for the Pre-Servicing Works, together with the costs
of modifying, reconstructing, removing and/or replacing the Pre-Servicing Works
installed by the Owner pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Town and/or the County at the time that
the Subdivision Agreement is finalized;
(f) all access to the Lands for the purposes of undertaking work contemplated in this
Agreement shall occur via the general location set out in the plans attached hereto as Schedule “B” and as approved by the Town and/or the County. No other access
point may be used without amendment to this Agreement. The Owner shall be
responsible for obtaining all necessary approvals for such entrance and satisfying
the requirements of the Town and the County concerning such access;
(g) prior to the initiation of construction within the Lands, the Owner shall provide
construction access to the Lands including all necessary signage temporary or
otherwise to the satisfaction of the Town. Construction access to the Lands shall
be as authorized in writing by the Town and/or the County; and
(h) no action of the Town and/or County, by way of repairs, maintenance, use of or
connection to the Pre-Servicing Works or any other use or action shall be
construed as any form of acceptance by the Town and/or County of the Pre-
Servicing Works and no ownership shall vest with the Town and/or County until
formal assumption by the Town by by-law.
6. The Owner further covenants and agrees that prior to commencing the construction of the
Pre-Servicing Works, the Owner shall have:
(a) appointed a qualified Consulting Engineer who shall be responsible for the design, construction, installation, supervision and certification of the Pre-
Servicing Works and whose professional engineering services shall include, but
not be limited to, the following:
i. preparing, certifying and providing to the Town and County all necessary engineering design drawings;
ii. obtaining all necessary agency approvals;
iii. providing contract administration including construction supervision as
necessary to ensure the works are installed to the standards of the Town and/or County;
iv. maintaining all records of construction and providing "as constructed'' data
in a form satisfactory to the Town and/or the County; v. providing certificates for progress payments and certificates for substantial performance under the Construction Lien Act; and,
vi. providing copies of the construction scheduling to the Town and co-
coordinating same with the Town and received approval from the Town.
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Town of Tillsonburg Subdivision Pre-Servicing Agreement
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(b) applied for and received the applicable approvals for the Pre-Servicing Works and
provided confirmation that all approvals or permissions as may be necessary to permit the construction of the Pre-Servicing Works have been obtained from the requisite approval authorities including, without limiting the generality of the
foregoing:
i. approval of the water distribution system through the submission of a Ministry of Environment and Climate Change Form 1;
ii. approval of the sanitary sewer collection system and stormwater
collection system through the Transfer of Review by the County;
iii. approval from the Ministry of Environment and Climate Change relating to the stormwater management facility;
iv. approval of the access point from the Town and/or County; and,
v. approval of the plans attached as Schedule “B” from the Long Point
Region Conservation Authority as applicable;
(c) submitted clearance letters from the appropriate natural gas, electricity, telephone
and telecommunications authorities confirming that satisfactory arrangements
have been made with those authorities concerning the relocation and/or
construction/reconstruction of any facilities owned or operated by such authority and located adjacent to, underneath or within the Lands;
(d) installed all necessary tree preservation, fencing, access control measures,
property signage, and appropriate erosion and siltation control devices and
structures;
(e) designated in writing a contact person or persons who shall have authority to
make decisions and respond to complaints and/or concerns in relation to the
installation of the Pre-Servicing Works; and,
(f) provided to the Town a minimum of forty-eight (48) hours written notice of its
intention to commence the construction of the Pre-Servicing Works and provided
a construction schedule acceptable to the Town.
7. In addition to the foregoing, the Owner covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Owner shall:
(a) continue to maintain erosion and siltation control devices and structures, fencing, and
access control;
(b) put and keep in place measures to control ponding, weeds, dust and mud as well as
erosion, siltation and slippage conditions;
(c) continue to maintain tree preservation and protection for existing trees and to do so in
accordance with all laws, guidelines and reasonable requests from authorities;
(d) construct all services so that they will conform to the road, lot and building block
pattern of the draft plan of subdivision;
(e) permit, at all times, access to the Lands by the Town and the County, their employees, agents and designates to inspect and otherwise observe the progress of
construction, and if necessary, to effect emergency repairs or take remedial action;
(f) continuously keep all roads used for access to the Lands in good repair acceptable to
the Town and/or the County including the removal of mud tracked from the Lands as well as dust control;
(g) not interfere with or obstruct the use of roadways outside the limits of the Lands
without a permit from the Town and/or the County as required;
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Town of Tillsonburg Subdivision Pre-Servicing Agreement
Page 5 of 14
(h) maintain an unobstructed emergency route at all times with a minimum width of six (6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Town and/or the County;
(i) supply and install, at its cost, all traffic control signs and devices and prior to
roadways being used, to erect signs a minimum of 1.2 metres by 2.4 metres to read as follows:
ROADS NOT ASSUMED BY THE TOWN OF TILLSONBURG
USE AT YOUR OWN RISK
ALL UNDEVELOPED LANDS WITHIN THIS SUBDIVISION ARE PRIVATE PROPERTY. ANY QUESTIONS OR CONCERNS REGARDING THE UNDEVELOPED LANDS ARE TO BE
DIRECTED TO: <owner’s name> <owner’s mailing address>
<owners telephone number>
The lettering shall be upper case, 15 cm high, properly spaced and black in colour on a white background sign
(j) confirm the names of all roadways to the satisfaction and approval of the Town;
(k) be responsible for any damage caused to any existing utility, highway, road, street, structure, or plant as the result of the construction activities of the Owner;
(l) ensure that there are no hazardous conditions on the site of the Pre-Servicing Works;
(m) dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands;
(n) not engage in any blasting operations without the specific consent of the Town and/or
County and provide appropriate insurance coverage for such operations. The Owner
shall ensure that the Town and County is added as additional insured’s and shall provide evidence of such to the Town and County Clerks;
(o) maintain the Pre-Servicing Works after construction is completed until formal
acceptance is provided through the Subdivision Agreement process once executed
with the Town and County;
(p) provide written notice of any proposed change in relation to the Pre-Servicing Works
and have received approval from the Town and/or County for such change (where
deemed necessary, plans and drawings attached hereto may be required to be
revised); and,
(q) not change either its Consulting Engineer or any contractor approved for the Pre-
Servicing Works without having provided reasonable notice to the Town and/or
County and having obtained the approval in writing of the Town and/or County to do
so.
8. The Owner and the Town covenant and agree that the Owner may erect two (2) model
homes on the Lands on proposed Lots approved by the Town subject to the following:
(a) Payment of the Building Permit application fee and a grading deposit to the Town for each model home Building Permit. The Town agrees to refund the grading deposit to
the Owner, without interest, upon the issuance of “As-Constructed” drawings and a
follow-up site inspection;
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Town of Tillsonburg Subdivision Pre-Servicing Agreement
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(b) All financial and other matters are in good standing to date pursuant to the terms and
requirements of this Agreement; (c) The Owner agrees to submit to the Town Director of Operations a Site Plan and other
such drawings as the Town deems necessary for the development of the Model Home
area for approval, which approval must be obtained prior to the commencement of
any construction work hereunder and as a prerequisite to the issuance of the Building Permit with respect to the said Lot. Approval shall relate to the lot grading, drainage, and landscaping as well as other matters which the Owner proposes to install,
construct or erect on the said Lot.
(d) The Owner and Town agree that if the Pre-Servicing Works have not been installed and/or constructed that an additional connection security deposit, as determined by the Town, will be required at the time of Building Permit application. The Town
agrees to refund the connection security deposit to the Owner, without interest, upon
the receipt of Service Record Forms from the Consulting Engineer indicating swing
tie measurements from the main building to the water, sanitary, and storm service laterals for the Lot.
(e) Where a Building Permit has been issued to permit the construction of a model home,
an unobstructed emergency access route shall be maintained at all times in
accordance with the provisions contained herein.
(f) Every model home shall comply with all provisions of the Town’s Zoning By-law
and an Ontario Land Surveyor shall provide the Town with a building location survey
confirming the building location;
9. The Owner covenants and agrees that no building or structure or erection built,
constructed or erected on any Lot as a model home shall be occupied, save and except
that the building may be occupied for the sole purpose of an office to promote the sale of
houses in the draft plan of subdivision.
10. Prior to construction of any external works (being works not located on the Lands or
works that service lands that are not located within the Lands), the Owner shall satisfy the
Town and the County that both the site plan design works for the external works are
complete and adequate, file all designs and reports required by the Town and County, and
obtain written authorization from the Town and/or County to proceed with the construction of any said external works.
11. Prior to executing this Agreement, the Owner will be required to deposit with the Town,
a cash deposit and/or an irrevocable letter of credit in the amount equal to one hundred
percent (100%) of the costs to make safe the Pre-Servicing Works including, but not limited to any roadway restoration, water, sanitary, or storm connections, or any other
affected infrastructure reinstatement as a result of Owner default in executing the Pre-
Servicing Works. The Owner shall deposit with the Town, as applicable, the full amount
of said security prior to the date of execution of this Agreement. Such security shall be
based on the Restoration Cost Estimate as described in Schedule “C” attached hereto and as approved by the Town. In the event that there is an increase in the cost estimate, the
Owner shall increase the amount of security deposited with the Town, upon the written
request of the Town according to the increased cost estimate, failing which the Owner
shall be considered in breach of this Agreement.
12. The Town agrees to release the security deposit as set out in Schedule “C” upon the
receipt of the required securities associated with the Subdivision Agreement.
13. In the event of default by the Owner under the terms of this Agreement, or if the Town is
required to conduct any work to make safe the Pre-Servicing Works or due to an emergency, the Town shall be entitled to draw upon the security posted for its benefit by
the Owner pursuant to the terms of this Agreement, in whole or in part, to cover the costs
incurred in remedying the default on the part of the Owner, or in addressing the
emergency situation.
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Town of Tillsonburg Subdivision Pre-Servicing Agreement
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14. The Pre-Servicing Works to be undertaken under this Agreement shall be installed
expeditiously and continuously. In the event that the Owner fails to complete the Pre-Servicing Works, or any portion of them, as required, or to complete any of the other requirements under this Agreement within twelve (12) months from the date of
execution, the approvals provided herein shall expire and the Town shall be entitled to
take such steps as it considers necessary to rectify any deficiency, or to return the Lands
to a safe and tidy condition. 15. In the event that the proposed Pre-Servicing Works are not completed as referred to
herein or in the event the Owner fails to properly maintain the Works, then the Town may
after seven (7) days written notice, enter upon the Lands and complete same or complete
any remedial works at the expense of the Owner. 16. Any cost or expense incurred by the Town and/or the County will constitute a lien against
the Lands. In addition to any other remedies the Town may have, the Town and/or the
County will be entitled to charge the total amount of any costs and expenses, including
any costs to enforce this Agreement, to the Owner who shall pay same forthwith upon demand, failing which, the Town and/or the County may collect the costs from any
security posted with the Town and/or add the cost to the tax roll of the Lands whereupon
such amount shall be conclusively deemed to be tax arrears and may be collected in the
same manner as tax arrears.
17. If, under the terms of this Agreement, the Town and/or the County finds it necessary to
draw on any of the securities posted, or the Owner fails to renew any securities or provide
additional securities as required, then the Town and/or the County shall have the right to
treat the Owner as being in breach of this Agreement and, in addition to any other rights
under this Agreement, the Town and/or the County shall be entitled to prohibit any further Pre-Servicing Works being carried out on the Lands until the securities have been
restored, renewed or increased as required.
18. The Owner acknowledges and agrees that irrespective of the manner in which the amount
of the security was calculated, the cash or letter of credit has been deposited to secure all obligations of the Owner and the security may be used to complete any aspect of the Pre-
Servicing Works to the exclusion of any other aspect thereof, to return the Lands to their
preconstruction state if deemed appropriate, or to fulfill any other obligation under this
Agreement, irrespective of the manner in which the original value was calculated or the
obligation described.
19. Prior to executing this Agreement the Owner shall purchase and maintain insurance
against all damages or claims for damage with a financially sound and reputable
insurance company satisfactory to the Town and the County and continue to maintain
such insurance until the Town has formally assumed the Pre-Servicing Works by by-law. Such policy or policies shall name the Town, Tillsonburg Hydro Inc. and the County as
additional insured’s and shall be in full force and effect until the works are formally
assumed by the Town by by-law. The Owner shall provide a Certificate of Insurance to
the Town’s Director of Finance evidencing the insurance coverage required by the Owner
and hereafter annually on the insurance renewal date.
The issuance of such insurance policy or policies shall not be construed as relieving the
Owner from responsibility for any other or larger claims in excess of such policy or
policies, if any, for which the Owner may be held responsible. Such insurance policy or
policies shall be in a form acceptable to the Town’s insurer and, without limiting the generality of the foregoing, shall provide:
(a) Comprehensive General Liability insurance applying to all operations of the Owner subject to the limits of not less than five million dollars ($5,000,000) for any single
occurrence which shall included coverage for personal injury, including death, broad
form property damage, products and completed operations liability, owner’s and
contractor’s liability, blanket contractual liability, contingent employer’s liability, non-owned automobile liability and shall include cross liability and severability of interest clauses;
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(b) Automobile Liability insurance with an inclusive limit of liability of two million
dollars ($2,000,000) on forms meeting statutory requirements covering all licensed vehicles used in any manner in connection with the installation and/or construction of the Pre-Servicing Works including legal liability for Damage to Non-Owned
Automobiles coverage and/or Cargo insurance. The policy must provide coverage
for personal injury, including death or property damage arising out of the ownership,
use or operation of all owned and/or leased automobiles;
(c) That the insurance premium for the insurance required herein has been prepaid for a
period of not less than one (1) year;
(d) That the insurance policy will provide that it is not cancellable unless prior notice by
registered mail has been received by the Town and the County from the insurer not
less than thirty (30) days prior to the cancellation date;
(e) All parties agree to immediately notify the other parties of any occurrence, incident,
or event which may reasonably be expected to expose any of the parties to liability of any kind in relation to the construction and/or installation of the Pre-Servicing
Works;
(f) That the insurance policy shall not contain a deductible clause. If the policy contains
a deductible clause, the Owner must provide an additional cash deposit with the
Town in the amount of the deductible.
20. During the construction and maintenance periods the Owner shall ensure any person providing professional service in connection with the Pre-Servicing Works, including its
professional consultants, architects, planners and Consulting Engineers, provide and
maintain Professional Liability insurance coverage until an the Town has formally
assumed the subject works by by-law. The Town reserves the right to request the Owner
to provide the Town with evidence of such insurance coverage.
21. The Owner on behalf of itself, its heirs, executors, administrators and assigns, including
its successors in title, hereby covenants and agrees to indemnify and save harmless the
Town and the County of and from all actions, cause of actions, suits, claims, demands,
damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make brought or prosecuted, including legal fees, which the Town and/or
County may incur or have to pay, which may arise either directly or indirectly by reason
of any activity, actions, performance, negligence or non-performance of the Owner, its
employees, servants, agents, contractors, subcontractors, architect, landscape architect,
engineer, surveyor, planner, consultant, project manager or any other person the Owner is responsible for at law which may arise either directly or indirectly by reason of the
Owner undertaking the installation and/or construction of the Pre-Servicing Works or
part thereof, or taking any other action or obligation which may be associated with this
Agreement. Further, the Town and/or the County may use any securities posted under
this Agreement in order to satisfy, pay, discharge, vacate or release any lien, charge or claims arising from any obligation under this Agreement including indemnification for all
costs incurred by the Town and/or County, including its/their legal costs.
Without limiting the generality of the foregoing, the Owner agrees to indemnify and save
harmless the Town and the County for any issues related to the alteration of any grade or
existing level construction, the maintenance or repair of any street within the Lands, or by reason of the failure, neglect or omission of the Owner to do anything agreed to be
done pursuant to this Agreement or by reason of any act or omission of the Owner,
including failure of the Owner to comply with the Construction Lien Act.
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22. In the event that the Owner fails to properly install services, correct deficient work, or
fails to complete the Pre-Servicing Works, then the Town or County may give notice to the Owner of any such deficiency or failure. In the event the Owner fails, within seven (7) days of such notice to rectify the deficiency to the satisfaction of the Town and/or
County, then the Town and/or the County, including their employees, agents and
designates will be entitled to enter the Lands and correct the problem as it/they deem fit
and to utilize the securities to pay for the costs accordingly. In the event of an emergency, the Town and/or the County, including their employees, agents and designates will be entitled to enter the Lands forthwith without notice to the Owner in order to secure the
site and rectify the emergency situation, at the cost of the Owner.
23. In the event the Owner fails to pay any costs or expenses within thirty (30) days of notice from the Town and/or County then the Town and/or County will be entitled to realize upon the securities deposited in addition to any other rights or remedies the Town and/or
County may have.
24. The Owner will be responsible for any and all costs of the enforcement of this Agreement for rectification of deficient work. Any entry onto the Lands by the Town and/or County
to enforce its/their rights or to rectify deficient work will be as agent of the Owner only
and shall not be construed as acceptance or assumption of any of the Pre-Servicing
Works by the Town or the County.
25. The Owner agrees to pay all reasonable costs incurred by the Town and the County in
connection with the development of this Subdivision which, without limiting the
generality of the foregoing, shall include all expenses of the Town and County heretofore
and hereinafter incurred for legal, engineering, surveying, planning and inspection
services (including but not limited to all reasonable testing of the Pre-Servicing Works), extra meetings, if any, and employees’ extra time, if any, and shall pay such costs within
thirty (30) days upon invoicing. All amounts owing to the Town or the County by the
Owner pursuant to this Agreement shall, after the expiry of the aforesaid thirty (30) day
period, bear interest at the prime rate charge by the Town’s bank plus one and a quarter
percent (1 ¼ %), from the due date until paid. The Owner acknowledges that failure to pay the aforesaid costs within thirty (30) days shall constitute a default of the Owner’s
obligation pursuant to this Agreement and shall entitle the Town to, if it so chooses at its
sole option, draw upon the deposited securities for any amounts outstanding beyond the
thirty (30) day period.
26. To the extent that the Lands require imported fill, the Owner will be required to obtain
the approval of the Town and/or the County for the source site, the quality of the material
and the haul route. Further, to the extent that materials used are from the Lands, the
Owner will provide in the construction plans details sufficient to satisfy the Town and the
County that the Lands will be left in a safe, tidy and free draining condition.
27. The parties agree that this Agreement shall be registered against the title of the Lands at
the Owner's expense. Upon registration, this Agreement shall be deemed to run with the
Lands.
28. Execution of this Agreement shall be deemed to be authorization by all parties to legal
counsel for the Town to register same in the appropriate Land Titles Office without
further written authorization.
29. The Owner represents and warrants that the Lands are free and clear of liens, charges and encumbrances or alternatively the Owner covenants that within ten (10) business days of
the execution of this Agreement it shall either cause every person having an encumbrance
or charge affecting the Lands to join in the execution of this Agreement, or to execute a
Postponement Agreement postponing such interest in favour of the Town’s and County’s
interest pursuant to this Agreement and to provide duplicate registered copies of such postponement agreements to legal counsel for the Town and County.
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30. Any notice required to be given to the Owner or the Town under this Agreement shall be
in writing and shall be sufficiently given if delivered or mailed postage prepaid to the addresses below. Such notice shall be deemed to have been received on the date of its delivery or in the case of mailing, three (3) business days after it was delivered to the post
office.
Town’s Address
Town Clerk The Corporation Town of Tillsonburg
200 Broadway St. Unit 204
Tillsonburg, Ontario
N4G 5A7
Owner’s Address
County’s Address
County Clerk
The County of Oxford
21 Reeve St. Woodstock, Ontario N4S 7Y3
Should the Owner transfer all or part of the Lands, all terms and conditions agreed to in
this Agreement are to be transferred to the new owner(s). The Town and County will
require the new owner(s) to accept, in writing, the terms and conditions outlined in this Agreement. If the acceptance of the terms and conditions of this Agreement from the
new owner(s) is not received by the date of sale or transfer, the terms and conditions
agreed to in this Agreement shall remain the responsibility of the previous Owner.
31. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
32. The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision and any invalid provision shall be severable.
33. If there are more owners than one, all covenants herein contained shall be construed to be
several as well as joint.
34. Wherever the singular or masculine is used, it shall be construed as if the plural or the
feminine or the neuter, as the case may be, had been used where the context of the Party
or the Parties hereto so require, and the rest of the sentence shall be construed as if the
grammatical and terminological changes thereby rendered necessary had been made.
35. The parties hereto agree that this Agreement is further to and does not replace or revoke
any prior agreements.
36. The Owner agrees that it shall and will, on the request of the Town or County, make, do,
execute or cause to be made, done or executed all such further and other acts, things and assurances to ensure the full implementation of this Agreement and to satisfy the
intention of the parties as set out in this Agreement.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement
SIGNED, SEALED AND DELIVERED this day of , 2015 A.D.
) OWNER )
)
) ____________________________________
) Name and Position
) I have authority to bind the Corporation
)
) THE CORPORATION OF THE TOWN OF TILLSONBURG
)
)
) ____________________________________
) MAYOR: Steven Molnar
)
)
) ____________________________________
) CLERK: Donna Wilson
)
) THE COUNTY OF OXFORD ) )
)____________________________________ ) COUNTY WARDEN:
)
)
)
) ____________________________________
) COUNTY CLERK:
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SCHEDULE “A”
Description of Lands being Subdivided
All and singular certain parcels or tracts of land and premises, situate, lying and being in the Town
of Tillsonburg, County of Oxford, Province of Ontario, being {legal description}, Town of
Tillsonburg, County of Oxford. Land Titles PIN:
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SCHEDULE “B”
Engineering Design Drawings
The following schedule of plans shall be submitted to the Town in paper and electronic copy
prior to the execution of this Agreement for approval and it shall be the responsibility of the
Owner to ensure complete compliance of all matters related to their implementation:
Drawing No. Description Revision No. Date
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Restoration Cost Estimate
{insert Consulting Engineer Estimate}
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TOWN OF TILLSONBURG SUBDIVISION AGREEMENT
THIS AGREEMENT made the day of , 2015. BETWEEN:
_________________________________
(hereinafter called the “Owner”) OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Town”)
OF THE SECOND PART
- and -
THE COUNTY OF OXFORD
(hereinafter called the “County”)
OF THE THIRD PART
WHEREAS the Owner represents that it is the registered owner of the lands described in
Schedule “A” attached hereto (the “Lands”) and proposes to subdivide the Lands by means of a
Registered Plan of Subdivision; AND WHEREAS the draft plan of the Land to be subdivided attached hereto as Schedule “B”
was approved by the County on draft plan approval date, under file SB__________, and consists
of _____ lots and blocks comprising of description from draft plan approval;
AND WHEREAS prior to the signing of the plan for registration by the County, certain
conditions must be fulfilled to the satisfaction of the Town, as set out in the conditions of draft
plan approval dated and attached as Schedule “H” to this Agreement;
AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford and contains all the requirements, financial and otherwise of the Town regarding the
construction of roads, installation of services, and drainage facilities, and any other matters
pertaining to the development of the Lands;
AND WHEREAS this Agreement shall be registered against the Lands and the Town and County are entitled to enforce the provisions thereof against the Owner and, subject to the
provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the
Lands;
AND WHEREAS the Owner agrees, by entering into this Agreement, to satisfy all terms, conditions and obligations, financial or otherwise of the Town and County pursuant to this
Agreement all at the Owner’s sole expense and to the satisfaction of the Town and County;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
Town and the County approving the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant, promise and agree with each other as follows:
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1. RECITALS
The Owner, Town and County agree that the above recitals are true and incorporate same as terms of this Agreement.
2. DEFINITIONS
The terms defined in this section 2 shall have the following meanings unless the context expressly or by necessary implication otherwise requires:
(a) “Above-ground Works/Services” means all the remaining Works and Services not included as part of the Underground Works/Services required to be installed pursuant
to this Agreement.
(b) “Agreement” means this agreement titled “Town of Tillsonburg Subdivision Agreement” including each of the Schedules attached hereto together with the required plans and specifications required by this agreement and approved by the
Town and County in accordance with the provisions of this agreement. The use of
“Subdivision Agreement” shall be synonymous with “Agreement”.
(c) “Assumption By-law” means a by-law passed by Council assuming Works and/or
Services.
(d) “Block” means a parcel of land laid out by draft or registered Plan of Subdivision and
designated by the Plan as a Block.
(e) “Business Day” or “Business Days” means any day(s) that is not a Saturday, Sunday or statutory holiday in the Province of Ontario.
(f) “Certificate of Final Acceptance” means the certificate as issued by the Town after
the Town accepts all works and obligations that are constructed, installed, supplied or
performed by the Owner pursuant to this Agreement as further referred to in this Agreement.
(g) “Certificate of Preliminary Acceptance” means the certificate issued by the Town
after the Town is satisfied that certain works have been constructed, installed or
performed to the satisfaction of the Town, as further referred to in this Agreement. (h) “Council” shall mean the Council of the Corporation of the Town of Tillsonburg.
(i) “County” shall mean the County of Oxford, including its successors and assigns or
the geographic area as the context requires. (j) “Director of Operations” means the Towns Director of Operations or individual
designated by him or her.
(k) “Hydro Company” shall mean Tillsonburg Hydro Inc..
(l) “Highway” means any public highway or part thereof, any sight triangle, and any area
of road widening. The use of “public highway”, “street”, “road” “road allowance” or “roadway” shall be synonymous with “Highway”.
(m) “Land” and “Lands” means the real property which is the subject of the Plan, the
legal description of which is described in Schedule “A” attached to this Agreement. After the Plan of Subdivision subject to this Agreement has been registered on title to
the Schedule “A” Land, a reference to “Land” in this Agreement shall be deemed to
be a reference to the said registered Plan of Subdivision.
(n) “Lot” means a parcel of land laid out by a draft or registered Plan of Subdivision and
designated by the Plan as a Lot. Lots are deemed to include a “Block”.
(o) “Maintain” includes operate, repair, replace or reinstate.
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(p) “Maintenance Period” means a period of two (2) years from the date of issuance of the
Certificate of Preliminary Acceptance for the Works and Services to which the same relates during which period the Owner shall be responsible for the repair and maintenance of all such Works and Services, but does not include the Stormwater Maintenance Period.
(q) “Overall Grading and Drainage Plan” means the approved grading and drainage plan
attached hereto as part of Schedule “C”.
(r) “Owner” means collectively the registered owner or owners in fee simple of the
Lands, its/his/her/their heirs, executors, administrators, successors, and assigns and
agents thereof or contractors or subcontractors carrying out works for or on behalf of the Owner.
(s) “Plan” and “Plan of Subdivision” and “Subdivision” means the draft plan(s) of subdivision approved by the County attached to this Agreement as Schedule “B”.
(t) “Registered Professional Engineer” shall mean a licensed Professional Engineer who
carries current Professional Liability Insurance and holds a current Certificate of
Authorization issued by the Association of Professional Engineers of the Province of
Ontario or is employed by a partnership or corporation authorized by the Association of Professional Engineers of Ontario to offer professional engineering services to the
public.
(u) “Services” includes those works, installations, structures and other related activities,
responsibilities and obligations listed in and required by this Agreement and includes
all municipal or other services to be constructed by the Owner under this Agreement
and referred to on the engineering design drawings listed under Schedule “C” attached hereto and included in the estimated costs described in Schedule “D”
attached hereto.
(v) “Stormwater Maintenance Period means a period of five (5) years from the date of
issuance of the Certificate of Preliminary Acceptance for the stormwater management
facility during which period the Owner shall ensure that the minimum designed liquid
retention volume is maintained at all times and to inspect the facility at least once per year and, if necessary, clean and maintain the facility to prevent excessive build-up of
sediments and/or vegetation and shall keep a logbook of all inspections and any
cleaning and maintenance operations undertaken, including an estimate of the quantity
of any materials removed.
(w) “Town” means the Corporation of the Town of Tillsonburg, including its successors
and assigns or the geographic area as the context requires.
(x) “Town Solicitor” means the lawyer or law firm retained by the Town or his/her designate.
(y) “Underground Works/Services” means the water distribution system, sanitary sewer
collection system, stormwater collection system and stormwater management
facilities have been installed, tested and are operational, and that the road allowance
has been graded to its full width with full depth Granular ‘B’, Granular ‘A’, curb and
gutter, and base course asphalt installed.
(z) “Works” means any municipal service, facility or utility which is required under this Agreement and without restricting the generality of the foregoing includes the supply
and distribution of water, collection and disposal of sanitary sewage and drainage
water, street lighting, roadways, curbs and gutters, walkways, sidewalks, electrical
distribution system, natural gas, and telecommunications.
3. INCONTESTABILITY
The Owner will not call into question directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative or other tribunal the right of the Town and the County to enter into this Agreement and to enforce each and every term, covenant,
provision, and condition thereof. This provision may be pleaded by the Town or the County
in any such action or proceeding as a complete and conclusive estoppel of any denial of
such right.
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4. ORDER OF PROCEDURE
(a) Prior to signing this Agreement, the Owner shall:
i. Deposit with the Town an amount as set by the Schedule of Fees by-law and revised from time to time to cover the initial legal, administrative, and
engineering costs of the Town respecting development of the Subdivision;
ii. Prepare and submit to the Town any studies or approvals as required;
iii. Deposit with the Town, securities and insurance as outlined in this Agreement;
iv. Pay in full outstanding taxes, local improvement charges, and other charges identified in Schedule “E”;
v. Agree with the Town on the parcel(s) of land to be conveyed to the Town for
municipal services or public purpose, and/or the amount of cash to be given to the
Town in lieu of parkland in accordance with Schedule “G” and/or “E”;
vi. Prepare all servicing plans in accordance with the engineering standards of the Town and County, and obtain approval from the Town and County of the same.
(b) Prior to Preliminary Acceptance of the Works and the issuance of Building Permits,
the Owner shall:
i. Comply with all the requirements of Clause 17 of this Agreement;
ii. Comply with all the requirements of Clause 39 of this Agreement;
iii. Comply with all the requirements of Clause 50 of this Agreement;
(c) Prior to Final Acceptance of the Works, the Owner shall:
i. Comply with all the requirements of Clause 20 of this Agreement;
ii. Comply with all the requirements of Clause 30 of this Agreement;
(d) Prior to the Town assuming the Works or Services, the Owner shall:
i. Comply with all the requirements of Clause 21 of this Agreement;
5. LIST OF SCHEDULES
The Town and the Owner agree that the following schedules shall form part of this Agreement and it shall be the responsibility of the Owner to ensure complete compliance of
all matters related to these schedules.
Schedule “A” - Description of the Lands
Schedule “B” - Plan of Subdivision Schedule “C” - List of Engineering Design Drawings
Schedule “D” - Summary of Estimated Servicing Costs and Securities
Schedule “E” - Summary of All Cash Charges
Schedule “F” - Implementation Schedule
Schedule “G” - Lands and Easements to be conveyed to the Town Schedule “H” - Conditions of Draft Plan Approval
6. OWNER’S EXPENSE
Every provision of this Agreement by which the Owner is obligated in any way shall be
deemed to include the words “at the expense of the Owner” unless specifically stated
otherwise.
7. OWNER’S CONSULTING ENGINEER (a) The Owner shall retain the services of a Registered Professional Engineer or firm of Professional Engineers with a Certificate of Authorization registered with the Professional Engineers of Ontario (hereinafter called the "Consulting Engineer") to
carry out all the necessary engineering, supervision and inspection of the work
required for the development of the subdivision.
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(b) The Owner shall continue to retain the Consulting Engineer until the work provided
for in this Agreement is completed and formally assumed by the Town and the County and the Owner shall not retain the services of another Consulting Engineer or change firms without the prior written consent of the Town Director of
Operations, or designate, which consent will not be unreasonably withheld.
(c) The Owner agrees that in the preparation of contract plans and specifications, the Consulting Engineer will adhere to the following procedures all at the cost of the Owner:
i. Design all the Works and Services covered by this Agreement including the
preparation of plans, profiles and specifications of the said Works and Services and final “as constructed” drawings in printed and digital form as described in this Agreement;
ii. Obtain all the necessary approvals from the Town, County, the Ministry of the Environment and Climate Change, the Ministry of Natural Resources, the Long
Point Region Conservation Authority, and other utilities, authorities or
governmental agencies as required by law prior to commencing any works in
relation to the said Works and/or Services;
iii. Submit to the Town for approval an estimate of the costs of the Works, which said estimate, when approved by the Town shall become the basis for the required securities.
iv. Prepare the necessary construction contract documents, provide field layout
and contract administration;
v. Provide full time supervision and inspection of the construction of the said
Works and Services. If the Owner’s Consulting Engineer does not supervise
and inspect the installation of the Works and Services to the satisfaction of the Town, acting reasonably, the Town may issue a stop work order;
vi. Maintain all records of construction of the said Works and Services and upon completion, advise the Town Director of Operations of all construction
changes during the preparation of final “as constructed” drawings;
vii. Act as the Owner’s representative in all matters pertaining to the construction
of the Works or Services;
viii. Provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Town for all Works and Services specified in this Agreement;
ix. Supervise and inspect the construction of any remedial work required by the Town and/or County;
x. Furnish to the Town and/or County a statement certifying that all Works and
Services have been constructed in conformance with the approved design
drawings and to the applicable standards and specifications prior to the issuance
of any Certificate of Preliminary Acceptance and prior to the issuance of any Certificate of Final Acceptance;
xi. Submit for Town approval a preliminary lot grading certificate for each lot or building block for which a building permit application is made, certifying that
the proposed construction is in conformity with the Overall Grading and
Drainage Plan and Town standards;
xii. Provide the Town for approval a final lot grading certificate for each lot or
building block for which a building permit has been issued, indicating that the property has been developed in conformity with the Overall Grading and Drainage Plan and Town standards;
xiii. Submit a plan for the mitigation or removal of any contaminants identified
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through an Environmental Site Assessment Report, prepared by a qualified
consultant, where such report has been required by the Town and/or County for the subject property, such work being the responsibility of the Owner.
(d) The Owner agrees with the Town and County that no Works or Services will be
installed and no work shall be commenced until the Town and/or County has
received all applicable external agency approvals, approved such plans, specifications, security and insurance, and has expressly authorized such work to commence. All Works and Services shall be constructed and installed strictly in
accordance with the said plans and specifications, all to the satisfaction of the Town
and/or the County. The Owner agrees to construct all Services and provide other
requirements, which will be known only after the details of the engineering design are submitted to the Town and/or the County, and any applicable external agency approvals have been acquired. The Town and/or the County may require, in writing,
a variance from such plans and specifications as may be required by conditions
which may be disclosed as the work progresses, and by sound engineering practice.
8. SUBDIVISION PHASING
The Subdivision may be developed in phases, and each phase may be developed in stages,
and each stage of the Subdivision will have the necessary Works and Services in relation to
that phase or stage. In the event that the Subdivision is developed in phases and stages, the Consulting Engineer shall establish the amount of security for each phase and stage as
provided herein to be approved by the Town.
This Agreement covers the area and lots identified in the Plan attached hereto as Schedule
“B”. Amending Agreement(s) will be required to develop subsequent phases and stages, approval of which will be subject to receipt of all approvals, studies, and requirements of
the Town including any applicable fee’s, engineering drawings, securities and amendments
to all Schedules.
9. PERFORMANCE SECURITY
(a) Prior to signing this Agreement or the commencement of any work in any phase or
stage of the Subdivision, the Owner shall deposit with the Director of Finance, to cover
the faithful performance of this Agreement for the construction and installation of the
Works and Services and the payment and provision of all obligations arising hereunder, a cash deposit and/or an irrevocable letter of credit in the amount equal to the estimated
cost of all Works and Services of each phase or stage, as each phase or stage of the
Subdivision proceeds as described in Schedule “D” hereto.
(b) If the security is in the form of a Letter of Credit, such Letter of Credit shall be in a form acceptable to the Town from a chartered bank expressing to be pursuant to this
Agreement and payable to the Town at any time or in part from time to time, upon
written notice from the Town that the Owner is in default under this Agreement and
shall contain the following provision:
“It is a condition of this Irrevocable Standby Letter of Credit that it
shall be deemed to be automatically extended for one (1) year from the
present or any future expiration date hereof, unless thirty (30) days
prior to any such date we shall notify you in writing by Registered
Mail or courier service that we elect not to consider this Irrevocable Standby Letter of Credit renewed for any such additional period.
Upon receipt by you of such notice, you may draw hereunder by
means of your demand accompanied by your written certification that
the amounts drawn will be retained and used by you to satisfy the
obligations incurred or to be incurred in connection with the above Agreement, and that you will release any amounts that you determine
in your sole discretion are not required by you for such purposes to our
Customer”
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(c) If the Owner fails to perform any of it/his/her/their obligations pursuant to this
Agreement, the Town may deduct the cost thereof from the deposited securities, and may use any deposit on-hand, or may call upon the surety of any letter of credit to provide from the same the funds necessary to perform all works hereunder, or to pay,
at the option of the Town, the cost of any works, materials, or other charges related to
the Works and Services, including the cost of removing or defending any construction
liens, certificates of action, or defending or removing any actions or judgments affecting the Town or Lands or Works/Services either dedicated to the Town or which are intended to become the property of the Town pursuant to this Agreement.
(d) Where the surety indicates to the Town that the letter of credit will not be renewed for
any further period, and where any Works/Services or other obligations of the Owner have not been completed as required by this Agreement before securities can be released for such Works/Services or obligations, and where the Owner has not provided
to the Town any other security acceptable to the Town, the Town shall have the right to
call upon the letter of credit to such extent as the Town deems necessary to maintain
such security until completion of the Works/Services or obligations in accordance with the terms of this Agreement.
(e) Notwithstanding that any securities on hand have been designated herein to ensure the
completion or repair of specified work, where the Owner has failed to complete or
repair any Works/Services in accordance with this Agreement, or where the security on hand is insufficient to secure the completion or repair of said work, the Town may
retain sufficient security at all times to ensure the completion or repair thereof.
(f) At the Town’s discretion, one (1) year after the deposit of the security and on every
anniversary thereof while security is held by the Town, or more frequently if the Town deems necessary, the Town may undertake a review of the sufficiency of the
security held. To facilitate this review, the Owner shall have the Consulting Engineer
provide the Town with the following information within ten (10) days of the request
thereof by the Town:
i. A description of the work completed to date and a calculation of the cost
thereof; and
ii. A description of the work remaining to be completed and a calculation of the
estimated cost thereof.
In the event the Town determines that the security it holds is insufficient to ensure the
performance and completion of all Works/Services required by this Agreement, the
Owner shall, within ten (10) business days of written notice from the Town, increase
the security by the amount the Town deems necessary, acting reasonably. Failure to provide the Town with the requested increase of security shall be considered a breach
of this Agreement.
10. SECURITY RELEASE
(a) The Town shall retain at all times sufficient security in the form of cash or letter of
credit to finance the completion of the Works described in Schedule “D”, maintenance
of the Works as provided for in this Agreement, and completion of grading and
drainage works as provided for in this Agreement, subject to the provisions of Clause
10(c) of this Agreement.
(b) Upon the issuance of the Certificate of Preliminary Acceptance for the Works and
Services completed, the Owner may apply for a release of securities. The security may
be reduced to an amount equal to the estimated cost of the Works and Services
remaining to be completed as provided by the Consulting Engineer and verified by the Town. Under no circumstances will the security released under this section be reduced
to less than the Maintenance Security requirements as provided for in this Agreement
for the Maintenance Period of the completed works which shall be held until the end of
the applicable Maintenance Period and issuance of the Certificate of Final Acceptance.
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(c) The Owner covenants and agrees to grade all lots, blocks and other parts of the
approved subdivision in accordance with the approved Overall Grading and Drainage Plan. The Town shall hold a portion of the security for the subdivision through the Maintenance Period for the purposes of ensuring site grading is completed according to
the approved Overall Grading and Drainage Plan. Where there are lots or blocks for
which a building permit has not been issued and where the Owner requires return of the
full security at the end of the Maintenance Period, the Owner shall grade all lots to ensure proper drainage in accordance with the requirements of the Consulting Engineer and the Town. Such undeveloped lots shall be graded to a maintainable condition so as
to allow the proper maintenance of all vegetation. When the Maintenance Period has
been completed, and upon receipt of a certificate from the Consulting Engineer
certifying that site grading for undeveloped lots has been substantially completed in accordance with the Overall Grading and Drainage Plan, the Town Director of Operations may authorize the release of the associated security where the Owner has
met all other requirements of this Agreement.
(d) The Town will not agree to any cancellation or reduction of the required securities if the Owner is in default in whole or in part of any provision, requirement or obligation
of the Owner under this Agreement, including the conveyance of any lands or
easements required by the Town pursuant to this Agreement.
11. MUNICIPAL WORKS AND SERVICES TO BE PROVIDED BY OWNER
The Owner agrees to construct and complete in a good workmanlike manner, for the Town
and the County all the Works and Services set forth in this Agreement to the satisfaction of
the Town and/or County and that all Works and Services shall be constructed in strict
accordance with the plans and specifications approved by the Town and/or County.
If at any time and from time to time during the development of the Subdivision, the Town
and/or County is of the opinion that modification of Works and/or Services or additional
Works, Services or utilities, as conditions may require, are necessary to adequately provide
any of the Works, Services or utilities required pursuant to this Agreement, the Owner shall construct such additional Works and/or Services or utilities at it/his/her/their own expense
upon receiving written notice from the Town and/or County, providing it is reasonable and
practical to do so.
The Owner shall commence within twelve (12) months of the execution of this Agreement and shall complete within twenty-four (24) months after the date of execution of this
Agreement the installation of the Works and Services. In the case of phasing, this time
frame shall be applicable to the commencement and completion of each phase.
The Owner agrees that it shall be solely responsible for the complete cost of all the Works and Services that are outlined in Schedule “C” and estimated in Schedule “D” of this
Agreement.
(a) Water Distribution System and Appurtenances
The Owner acknowledges and agrees to construct, at its own expense, a water
distribution system for the Plan of Subdivision and to connect said system to the
existing municipal water distribution system. The Owner is further responsible for
Town/County charges for field inspections, testing and the costs for the connection of
the water distribution system arising out of or attributable to the development of the Subdivision.
The Owner agrees to design and construct all watermains and appurtenances thereto in
accordance with the Town and/or County standards and specifications and the Ministry
of Environment and Climate Change guidelines.
The Owner will require Town/County approval of the water distribution system to
service the development through submission of a Ministry of Environment and Climate
Change Form 1.
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Prior to the issuance of the Certificate of Preliminary Acceptance the County or its
service provider may connect or authorize connection of the water distribution system constructed by the Owner to the existing municipal water distribution system, but such connection shall not constitute acceptance of the system by the County or its service
provider and the Owner shall continue to maintain system until formal acceptance.
All cutting or connecting to the existing municipal water distribution system shall
normally be made by Town/County forces at the expense of the Owner. The Owners
or its/his/her/their contractor may perform this work by permission of the Town
Director of Operations and with the Town/County Inspector present.
Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway
upon which a water distribution system has been installed or may be installed, a
payment shall be made to the Town for the use of the said system main or mains as the Owner’s share of the water distribution system abutting the Subdivision.
All watermains shall be of a size as determined by the Town and/or County and installed at a depth and location as determined by the Town and/or County. The County may require the Owner to oversize watermains to accommodate the servicing
lands external to the Subdivision lands herein. If applicable such details and costs are
contained in Schedule “E” attached hereto.
The opening and closing of existing water valves and hydrants shall only be
performed by Town/County staff. The Consulting Engineer should make
arrangements in advance of this type of work to be done. The cost of performing this
service will be charged to the Owner and all accounts shall be settled on demand.
The Owner shall supply and install at it/his/her/their own expense the required
individual water service laterals and all appurtenances from the watermain to the
property line of every lot within the Plan of Subdivision in accordance with the latest issue of specifications and standards of the Town and/or County and all applicable
laws.
The Owner agrees to relocate, support or modify at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by
the Plan of Subdivision.
(b) Sanitary Collection System and Appurtenances
The Owner acknowledges and agrees to construct, at its/his/her/their own expense, a
sanitary sewer collection system for the Plan of Subdivision and to connect such system
to the existing municipal sanitary sewer collection system. The Owner is further
responsible for Town/County charges for field inspections and the costs for the connection of the sanitary sewer collection system arising out of or attributable to the
development of the Subdivision.
It shall be the responsibility of the Owner to provide a satisfactory outlet for the
sanitary sewer system from the limits of the Subdivision to the point of junction with the nearest approved existing municipal sanitary sewer collection system.
The Owner agrees to construct all sanitary sewers and appurtenances thereto in
accordance with the Environmental Compliance Approval (Sanitary) as issued through
the Transfer of Review by the County and in accordance with the approved construction plan drawings and standards for sanitary sewer collection systems as set
out in the Town and/or County standards and specifications and the Ministry of
Environment and Climate Change guidelines.
Prior to the issuance of the Certificate of Preliminary Acceptance, the County or its service provider may connect or authorize connection of the sanitary sewer collection
system constructed by the Owner to the existing municipal sanitary sewer collection
system, but that such connection shall not constitute acceptance of the system by the
County or its service provider and the Owner shall continue to maintain the system
until formal acceptance.
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Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway
upon which a sanitary sewer collection system has been installed or may be installed,
a payment shall be made to the Town for the use of the said system main or mains as
the Owner’s share of the sanitary sewer collection system abutting the Subdivision.
All sanitary sewers shall be of a size as determined by the Town and/or County and
installed at a depth and location as determined by the Town and/or County. The
County may require the Owner to oversize sanitary sewer mains to accommodate the servicing of lands external to the Subdivision lands herein. If applicable such details
and costs are contained in Schedule “E” attached hereto.
The Owner shall supply and install at it/his/her/their own expense the required individual sanitary service laterals and all appurtenances from the sanitary sewer main
to the property line of every lot within the Plan of Subdivision in accordance with the
latest issue of specifications and standards of the Town and/or County and all
applicable laws.
The Owner agrees to relocate, support or modify at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by
the Plan of Subdivision.
(c) Stormwater Collection System and Appurtenances
The Owner acknowledges and agrees to construct, at its/his/her/their own expense, a storm sewer collection system for the Plan of Subdivision and to connect such system
the existing municipal storm sewer collection system. The Owner is further
responsible for Town/County charges for field inspections and the costs for the
connection of the storm sewer collection system arising out of or attributable to the
development of the Subdivision.
It shall be the responsibility of the Owner to provide a satisfactory outlet for the storm
sewer system from the limits of the Subdivision to the point of junction with the nearest approved existing municipal storm sewer collection system.
The Owner agrees to construct all storm sewers and appurtenances thereto in accordance with the Environmental Compliance Approval (Storm) as issued through the Transfer of Review by the County of Oxford and in accordance with the approved
construction plan drawings and standards for stormwater collection systems as set out
in the Town standards and specifications.
Prior to the issuance of the Certificate of Preliminary Acceptance, the Town may
connect or authorize connection of the storm sewer collection system constructed by
the Owner to the existing municipal storm sewer collection system, but that such
connection shall not constitute acceptance of the system by the Town and that the Owner shall continue to maintain the system until formal acceptance.
Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway upon which a storm sewer collection system has been installed or may be installed, a payment shall be made to the Town for the use of the said system main or mains as
the Owner’s share of the storm sewer collection system abutting the Subdivision.
All storm sewers shall be of a size as determined by the Town and installed at a depth
and location as determined by the Town. The Town may require the Owner to oversize
storm sewer mains to accommodate the servicing lands external to the Subdivision
lands herein. If applicable such details and costs are contained in Schedule “E” attached hereto.
The Owner shall supply and install at it/his/her/their own expense the required
individual storm service laterals and all appurtenances from the storm sewer main to
the property line of every lot within the Plan of Subdivision in accordance with the latest issue of specifications and standards of the Town and all applicable laws.
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The Owner agrees to relocate, support or modify at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by the Plan of Subdivision.
(d) Stormwater Management Facilities
The Owner acknowledges and agrees to construct, at its own expense, stormwater management facilities and associated infrastructure for the Plan of Subdivision within the limits of the Subdivision and beyond, if required for the development of the Lands
as determined by the Town. It shall be the responsibility of the Owner to provide a
satisfactory outlet for the storm management facilities from the limits of the
Subdivision. The Owner agrees to construct the stormwater management facilities and associated
infrastructure in accordance with the Environmental Compliance Approval (SWM) as
issued by the Ministry of Environment and Climate Change and in accordance with the
approved construction plan drawings and standards for stormwater management facilities as set out in the Town standards and specifications.
The Owner acknowledges and agrees to ensure that the minimum designed liquid
retention volume is maintained at all times and to inspect the facility at least once per
year and, if necessary, clean and maintain the facility to prevent excessive build-up of sediments and/or vegetation. The Owner shall keep a logbook of all inspections and
any cleaning and maintenance operations undertaken, including an estimate of the
quantity of any materials removed for a minimum of five (5) years from the date of
issuance of the Certificate of Preliminary Acceptance for the stormwater management
facility which period of time shall be called the “Stormwater Maintenance Period”.
The Owner shall have a stormwater management plan prepared by a qualified
consultant detailing the methods of maintaining post-development flows at pre-
development conditions. The plan shall describe the methods that will be used to
maintain stormwater quality, control erosion, and control/treat surface water flows for the proposed development and associated lands within the watershed. The plan shall be
reviewed and approved by the Town, Long Point Region Conservation Authority, and
shall have an Environmental Compliance Approval issued the Ministry of Environment
and Climate Change. The Owner shall carry out or cause to be carried out any
necessary remedial works recommended by the Town, Long Point Region Conservation Authority, or the Ministry of Environment and Climate Change.
The perimeter of all lands to be conveyed to the Town for stormwater management
purposes shall have a 1.8 meter galvanized chain link fence, or other fencing as
approved by the Town, as required
(e) Roadways, Curb and Gutters, and Boulevards
The Owner shall construct all roadways, curbs and gutters and appurtenances thereto in
accordance with the approved construction plan drawings and Town standards including the excavation and grading to the full width of the right-of-way. All roads
shown on the Plan of Subdivision shall be dedicated as public highways.
All roadways shall receive two layers of asphalt that shall be placed at such times as
may be allowed by the Town in writing.
The Owner shall maintain the roadways in a usable condition for vehicular traffic until
the issuance of the Certificate of Final Acceptance of such roadways.
Until the passing of the Assumption By-law the Owner shall be responsible for the erection and maintenance of signs at all entrances to the subdivision that states the
roadways within the subdivision have not been assumed by the Town in accordance
with this Agreement.
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Immediately prior to the placement of base course asphalt the Consulting Engineer
shall provide the Town with a certificate from a qualified geotechnical engineer certifying the granular road base. The granular road base shall also be inspected by the Town and where, in the opinion of the Town, the granular road base has become
contaminated the Owner shall remove all such contaminated areas and replace with
acceptable material, at no cost to the Town.
Concrete curb and gutters shall be constructed in compliance with Town standards and shall occur only at such times as authorized by the Town in writing. The curb and
gutter shall be constructed to the line and grade as approved by the Town. The Owner
shall provide a record of such line and grades to the Town. Prior to the issuance of the
Certificate of Final Acceptance for said curbs and gutters by the Town all maintenance and repairs of all curbs and gutters will be the responsibility of the Owner.
The Owner shall properly grade and finish all road allowance boulevards and other
areas to be landscaped with 100 mm of topsoil and nursery sod and other tree plantings
in accordance with Town standards. Trees to be planted shall be deciduous trees indigenous to this region as approved by the Town and shall be of quality nursery
stock.
(f) Sidewalks & Pedestrian Walkways
Concrete sidewalks shall be constructed on at least one side of local roadways shown
within the Subdivision and on both sides of collector and arterial roadways as
specified by the Town.
Sidewalks, where required in the Subdivision, shall be constructed according to Town standards. Sidewalk ramps will be constructed at intersections or where required to
the satisfaction of the Town.
Concrete pedestrian walkways shall be constructed in accordance with Town standards
and shall be delineated with a 1.5m high galvanized chain link fence along the property line.
Prior to the issuance of the Certificate of Final Acceptance for said sidewalks and
walkways by the Town, maintenance and repairs of all sidewalks and walkways will
be the responsibility of the Owner.
(g) Streetlight System
The Owner shall be responsible for the design, supply and installation of a complete
streetlight system including all poles, luminaries, wiring, controls, and appurtenances thereto in accordance with Town standards and as approved by the Town Director of
Operations.
All electrical supply for the streetlight system shall be in accordance with the
requirements of Tillsonburg Hydro Inc. and satisfy the Electrical Safety Authority. The entire streetlight system shall be supplied by a single metered supply connection.
Multiple meters and supplies shall not be permitted unless authorized by the Town
Director of Operations.
(h) Electrical Distribution System
The Owner shall enter into a Connection Agreement for electrical servicing with
Tillsonburg Hydro Inc.. The Connection Agreement will specify the terms, conditions,
and financial obligations to facilitate the extension of electrical servicing to the
Subdivision.
The Town requires all primary and secondary electrical services for the Plan of
Subdivision be designed and installed underground. The Owner covenants and agrees
to pay the Town’s portion of costs to be incurred to install underground Hydro.
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The Owner shall arrange with Tillsonburg Hydro Inc. to install in a good and
workmanlike manner all underground wiring for the electrical distribution system including street lighting. The design work relating to the installation shall be carried out by Tillsonburg Hydro Inc. and shall be based on the premise that electrical service
will be required for all of the lots shown on the Plan of Subdivision.
The Owner will be responsible for the hydro trenches to be free and clear of all obstacles and rough graded to within 150 mm of final grade before any trenching for electrical supply will commence, and must provide the location of survey markers
defining the boundaries of the building blocks as may be required by Tillsonburg
Hydro Inc.
The Owner shall ensure that no shrubs or trees are planted closer than one (1) metre from the three sides of any hydro transformer and not within two (2) metres of any door
opening to said transformer.
(i) Street Signage
All signage and appurtenances shall be approved by the Town’s Director of Operations,
or designate, prior to their installation, shall be supplied by the Town at the Owners
expense, and shall be erected by the Owners contractor at locations specified by the
Town Director’s of Operations, or designate, all at the Owners expense. Permanent signage shall only be erected upon completion of the base course asphalt and curbing.
Signage shall include all street name signs, regulatory signs, warning signs, including
signs confirming the roads are not assumed by the Town. All signage shall be
maintained by the Owner until the Assumption By-law is passed by Council. The naming of roadways in the Subdivision shall be approved by the Town.
(j) Erosion and Sediment Control
The Owner shall install and maintain at it/his/her/their sole expense all necessary sediment and erosion control measures shown on the approved construction plan
drawings, and any additional erosion control works required. To minimize sediment
and erosion control problems the Owner shall:
i. install all silt fencing prior to the commencement of any earth moving operations;
ii. schedule construction activities in a logical sequence to minimize the area
of bare soil exposed at one time;
iii. ensure stockpiles are constructed to a maintainable height and size and
located away from watercourses in accordance with the Engineering Design Drawings and stabilized against erosion as soon as possible with erosion
control fencing installed around the base of all stockpiles;
iv. designate a construction vehicle access point and provide a rock or gravel
mat to minimize the amount of mud tracking off-site. The Owner will be
responsible to ensure that municipal roadways and sidewalks are cleaned of all sediments at the end of each work day;
v. install erosion protection around all sanitary and storm manholes and catch
basins;
vi. install additional erosion and sediment control measures as the site
development progresses and as required by the Town Director of Operations in his/her sole discretion;
vii. ensure all erosion and sediment control measures remain in place until all
disturbed ground surfaces have been rehabilitated either by paving or by
restoration of vegetative ground cover;
viii. provide temporary drainage and erosion control works if the work is suspended to minimize erosion including sediment traps, silt fences, and
sediment storage areas;
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ix. properly stabilize disturbed areas as soon as possible, and if areas are to
remain disturbed through a winter, such areas shall be seeded, covered with mulch or covered with sod as determined by the Town Director of Operations;
Should the Owner default in construction, or maintaining any required sediment or
erosion control measures the Town at its sole option may enter the Lands and carry out the required sediment and erosion control works with the costs being charged to the Owner. If the Owner fails to pay for such works within thirty (30) days of the date of
billing, the costs may be deducted from the deposited securities.
(k) Development of Lands for Public Parks
The Owner agrees to prepare a grading and drainage plan to be approved by the Town
for any lands to be conveyed to the Town for parks purposes; the Owner shall grade any lands to be conveyed to the Town for parks purposes in accordance with the approved Overall Grading and Drainage Plan.
Lands to be conveyed to the Town for parks purposes shall be finished with a minimum
of 100 mm of topsoil and shall be seeded and/or sodded with the required plantings as shown in Schedule “C” attached hereto and in accordance with Town standards.
(l) Undeveloped Lands
The Owner agrees to maintain all lands within the limits of the Subdivision that have
been undeveloped for more than a period of one (1) year in accordance with the
maintenance requirements as set out in this Agreement and the Town’s by-laws, including the Town of Tillsonburg Clean Yard By-law.
(m) Trees of Significance
The Owner, where required by the Town, shall prepare a tree inventory and identify
trees of significance which are to be retained. Such work may include but is not limited
to: i. approval of all cut and fill operations within the drip line; ii. hand digging of adjacent service trenches; and iii. may require the opinion of a qualified arborist to assess the impact of
proposed works.
(n) Tree Removals and Plantings
The Owner agrees that trees, other than those which are diseased or dead, shall not be
removed other than in an area to be occupied by a dwelling, driveway or landscape
structure without the prior written approval from the Town and shall undertake such removals in accordance with Town standards.
The Owner agrees to provide the Town with a tree planting plan detailing the location
and type of all trees to be planted on both public and private lands in accordance with Town standards.
(o) Additional Works
If, from time to time during the development of the Subdivision, the Town or the County is of the opinion that additional works are necessary to provide adequately any of the Works and/or Services required by the Subdivision, the Owner shall construct,
install or perform such additional works as may be reasonably requested by the Town
and/or County.
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12. APPROVED CONSTRUCTION PLANS AND DRAWINGS
The Owner shall provide the Town and County, prior to the execution of this Agreement, all
approved plans and drawings, that form part of this Agreement as listed in Schedule “C”,
prepared by the Consulting Engineer in both paper and digital AutoCAD (.dwg) and shape file (.shp) formats, or in an AutoCAD format approved by the Town and County. Revisions to any of these drawings or specifications must be approved and initialled by authorized representatives
of the Owner and the Town and/or County.
13. DAMAGES OR CHANGES TO EXISTING INFRASTRUCTURE
(a) The Owner shall repair any damage caused to any existing roadway, structure, services or plant located on or under any road allowance, as a result of the development of the Subdivision. All costs of such repairs shall be paid by the Owner. If not repaired in
accordance with the requirements of the Town and/or County, the Town and/or County
may complete such repairs as are deemed necessary at the sole discretion of Town and/or
County. If the Owner fails to pay for the repairs completed by the Town within thirty (30) days of the date of billing, the costs may be deducted from the deposited securities.
(b) The Owner shall pay for any costs involved in the relocation of existing Works and/or
Services, such as hydrants, utility poles, or other services or plant, which may become necessary because of the development of the Subdivision. If the Owner fails to pay for such works completed by the Town and/or County within thirty (30) days of the date of
billing, the costs may be deducted from the deposited securities.
(c) All access roads must be maintained by the Owner in good repair acceptable to the Town during the time of construction. This shall include the removal of mud tracked from the Lands as well as dust control as further described herein.
(d) No roadway outside the limits of the Plan may be closed without the prior written
consent of the Town. To obtain such consent, the Owner shall advise the Town’s Director of Operations, not later than fourteen (14) days prior to the proposed closure, of the date, time and duration they wish to close a roadway. All costs for advertising
the closure and detour signage shall be borne by the Owner.
(e) For the purpose of minimizing or eliminating danger, damage or inconvenience, the Town reserves the right to limit or prohibit the use of any existing access and/or haul road by the Owner. The Owner shall direct all or certain construction vehicles or
equipment associated with the construction of the Works/Services along such streets
as may be specified by the Town or when directed by the Town along such temporary
construction roads as are to be constructed and maintained by the Owner. (f) The Owner covenants and agrees that it shall not dump nor permit to be dumped any
fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees or
shrubs from any public lands, other than roads located within the Plan, without the
prior written consent of the Town. The Owner further agrees that no topsoil shall be removed from the Lots and/or blocks except for construction purposes within the development and then such topsoil shall be stockpiled during grading operations and
as each building is completed, the topsoil so stockpiled shall be replaced on the
ground around each building, and the replacing of such topsoil shall include all surfaces not covered by buildings, driveways or pavement within the development. Excess topsoil may be removed from the site with the prior written consent of the
Town.
(g) Where any municipal property, including any Highway, has been damaged as a result of development and any Works/Services carried out on the Lands, the Owner shall restore or reconstruct the municipal property to its former state as directed by and to
the satisfaction of the Town at the Owner’s expense.
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14. GRADING AND DRAINAGE OF THE LANDS
(a) The Owner shall construct all drainage works and grade all roads, lots and blocks within
the Subdivision, and all lands abutting the Subdivision to drain in accordance with the
Overall Grading and Drainage Plan.
(b) If the Owner at any time or times fails to carry out his/her obligations to grade and drain the Lands as required hereunder, the Town may enter onto the Lands and complete such work as necessary to correct the same. If the Owner fails to pay for the work completed by the
Town within thirty (30) days of the date of billing, the costs may be deducted from the
deposited securities, or otherwise collected from the Owner.
(c) The Owner, at his/her sole cost and expense including all registration costs, shall grant and
convey to the Town, free and clear of any and all encumbrances, easements affecting the
Lands as may be necessary or required in the sole opinion of the Town to provide for any drainage work that may be required to furnish an outlet for storm water or natural water
courses draining on or from any part of the Lands. All such easements shall be shown on
the approved final engineering drawings and shall be registered at the Owner’s expense.
(d) The Owner agrees that if the drainage work required to drain the Lands results in drainage
through lands other than the Lands, all such work shall be carried out by means of a storm drain and appurtenances of sufficient size for the drainage requirements of the area and the same shall be subject to the prior approval of the Town. The easements, land, servicing
requirements, and the documentation thereof shall be subject to the prior approval of the
Town. If the Town is required to obtain easements or land from adjacent land owners to
properly facilitate drainage of the Subdivision and contributing areas, the Owner shall be responsible for all costs directly or indirectly related to said requirements and including the costs incurred by the Town.
(e) If, as the Plan of Subdivision develops, it becomes apparent to the Town, County, Long
Point Region Conservation Authority, the Ministry of Environment and Climate Change,
or the Ministry of Natural Resources that further work is necessary with respect to grading
and/or drainage or with respect to the works contemplated in the clauses of this Agreement related to grading and drainage of the Lands, either upon the Lands or beyond the boundaries thereof, the Owner shall, at it/his/her/their sole cost and expense forthwith
provide the same upon receipt of a written notice from the Town indentifying sufficient
particulars thereof. The necessity of such grading and/or drainage work shall be at the sole
discretion of the Town. 15. THE CONSTRUCTION LIEN ACT, R.S.O. 1990
(a) The Owner agrees that it will hold back in its payments to any contractor who may
construct the Works and Services such sums as are provided in accordance with the Construction Lien Act, R.S.O. 1990, c. C.30, as amended (“Construction Lien Act”), and will otherwise indemnify the Town against any claims, actions or demands for construction
liens or otherwise in connection with the Works and Services and all costs in connection
therewith, and on the demand of the Town will take such steps to immediately discharge all
liens upon the Works and Services.
(b) Notwithstanding anything to the contrary contained in this Agreement, the Owner hereby agrees that the filing of any liens pursuant to the Construction Lien Act with respect to the Lands described in the Plan of Subdivision shall constitute a default by the Owner of the
terms of this Agreement, and shall entitle the Town to draw on any or all of the deposited
securities, and to utilize said draw to make payment into Court of the amount of the lien
together with costs. 16. INSPECTIONS
(a) The Owner agrees that the Town/County, its employees, agents, contractors or any other authorized persons may enter upon the Lands and inspect the construction and
installation of the Services and Works. Such entry and inspection shall not be
deemed to constitute an acceptance of the Services or Works or any parts thereof by
the Town/County, nor to relieve the Owner and its Consulting Engineer from
undertaking their own inspection of the Works and Services.
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(b) The Town/County reserves the right to have inspectors/consultants employed to
review all plans and specifications and observe the construction and installation of the
Works and Services at any time. The Owner hereby agrees to pay all accounts of the
Town and the County in connection with the inspectors/consultants within ten (10) days of them being completed in accordance with the applicable standards and specifications of the Town and the County.
(c) The parties hereto agree that in no event shall the Town be required to conduct
inspections or recommend acceptance of any part of the Works or Services during the months of December, January, February or March in any given year.
17. PRELIMINARY ACCEPTANCE OF WORKS
(a) Subject to the provision of this Agreement regarding Final Acceptance of Works, when all the Works have been completed and cleaned to the satisfaction of the Consulting
Engineer, the Owner shall provide the Town with the following:
i. A maintenance security in the form of cash or a letter of credit in the amount
equal to ten percent (10%) of the total estimated cost of the Works with an additional ten percent (10%) for the base and surface course asphalt and curb and
gutter Works including all labour and materials as described in Schedule “D” in
accordance with;
ii. A Statutory Declaration that all accounts for material, labour and equipment for the Works have been paid and that there are no claims for liens or otherwise
in connection with such Work in accordance with the Statutory Declaration of
Accounts Paid provision of this Agreement;
iii. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County as additional insured’s as provided for in the Insurance provisions of this
Agreement;
iv. Proof that the Plan of Subdivision and this Agreement and the Schedules hereto have been registered upon the title of the Lands.
v. Written confirmation from an Ontario Land Surveyor certifying that all survey
monuments and iron bars as shown on the registered plan of subdivision are in
place and located at grade. vi. Written confirmation from the local hydro distribution company certifying that
the Electrical Plant has been inspected and energized;
vii. A certificate from the Consulting Engineer certifying that:
a. All Services and Works have been constructed in conformance with the approved design drawings and to the applicable standards and specifications;
b. The rough grading of the Lands has been completed to provide a proper
outlet for the major design storm, including completion of the stormwater
management facility;
c. All sanitary and storm manholes and catch basins have been flushed and
cleaned of foreign matter along with a CCTV inspection of the sanitary and storm sewer systems, a copy of which shall be supplied to the Town,
with confirmation that all deficiencies the CCTV inspection revealed have
been rectified.
d. All stormwater management facilities as required in the stormwater
management report and shown on the engineering design drawings have
been constructed accordingly, all deficiencies rectified, and are operational and functioning as intended.
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(b) Upon the Town receiving all of the required items as described in (a) above, the Town shall make an inspection of the Services and Works. When the Town is satisfied that the Services and Works are substantially complete and in conformance with the
applicable standards and specifications, the Town Director of Operations shall issue a
Certificate of Preliminary Acceptance. The Certificate may contain a list of minor
deficiencies which are to be corrected by the Owner, but which at the Town’s sole discretion are considered not to be of sufficient importance to delay the issuance of the Certificate of Preliminary Acceptance. If the Town is not satisfied that the Services and
Works are substantially complete, it may furnish the Owner with a list of deficiencies for
the Services/Works and the Owner shall correct those deficiencies and the Town Director
of Operation shall only issue a Certificate of Preliminary Acceptance upon being satisfied that those deficiencies have been corrected.
(c) The Owner may request, and the Town Director of Operations at his/her sole discretion
may issue separate Certificates of Preliminary Acceptance for the Underground
Works/Services, and the remaining Above-ground Works/Services.
(d) The Maintenance Period or Stormwater Maintenance Period will commence from the
date the Certificate of Preliminary Acceptance is issued by the Town Director of
Operations. If the Town Director of Operations, at his/her sole discretion, issues a separate Certificate of Preliminary Acceptance for the Underground Works/Services,
and the remaining Above-ground Works/Services the Town Director of Operations
may specify separate maintenance periods for the Underground Works/Services and the
remaining Above-ground Works/Services.
(e) The Maintenance Period for the base course asphalt including curb and gutter will
continue until all related deficiencies have been repaired and until the placement of the
final course of asphalt.
(f) It is agreed that the final course of asphalt will not be placed prior to one (1) year after the
Certificate of Preliminary Acceptance for the Underground Works/Services has been
issued.
(g) It is further agreed that the final course of asphalt and all sidewalks will be placed when
eighty percent (80%) of the Lots within the subdivision have received occupancy or within
the fifth year after the Certificate of Preliminary Acceptance for the Underground Works/Services has been issued, whichever occurs first.
18. MAINTENANCE OF WORKS
(a) The Owner shall be responsible for the repair and maintenance of all Works and Services constructed, installed, or provided by the Owner for a period of two (2) years (except for the “Stormwater Maintenance Period” which shall be for a period of five (5) years as
described in this Agreement)) from the date of issuance of the Certificate of Preliminary
Acceptance for the Works and Services to which the same relates (“Maintenance Period”).
(b) It is further agreed that the Owner shall provide a maintenance period of one (1) year for the final course of asphalt commencing from the date of issuance of the Certificate of Preliminary Acceptance for such work.
(c) If during the Maintenance Period or Stormwater Maintenance Period the Owner fails to
carry out maintenance work within seventy-two (72) hours after receiving a written request
from the Town, the Town may, without further notice, undertake such maintenance work and the total cost thereof shall be paid by the Owner forthwith upon demand which cost shall include all administrative, legal and other expenses incurred by the Town in carrying
out such maintenance work. If the Owner fails to pay for such work within thirty (30) days
of the date of billing, then the money owing may be deducted from the deposited security.
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19. MAINTENANCE SECURITY
(a) During the Maintenance Period the Owner shall provide security in the form of cash or a letter of credit in the amount equal to ten percent (10%) of the total estimated cost of
the Works and Services with an additional ten percent (10%) for the base and surface
course asphalt and curb and gutter Services and Works including all labour and
materials.
(b) Towards the end of the Maintenance Period, the Owner shall make a written request to
the Town for a final inspection to be made. Upon inspection by the Town, or any other agency, and at its sole discretion, the Town shall determine whether the Services and Works are acceptable and whether a Certificate of Final Acceptance can be issued. The
Maintenance Period shall be automatically extended without change to this agreement
where the Town Director of Operations believes the Services and/or Works are not
complete and the said Maintenance Period shall continue to be in effect, and the maintenance security retained, until a Certificate of Final Acceptance is issued.
(c) During the Stormwater Maintenance Period the Owner shall provide security in the
form of cash or a letter of credit in the amount equal to ten percent (10%) of the total estimated cost of the stormwater management facility including all maintenance,
inspections, and record keeping requirements as well as all labour and materials.
(d) Towards the end of the Stormwater Maintenance Period, the Owner shall make a written request to the Town for a final inspection to be made. Upon inspection by the
Town, or any other agency, and at its sole discretion, the Town shall determine whether
the stormwater management facility is acceptable and whether a Certificate of Final
Acceptance can be issued. The Stormwater Maintenance Period shall be automatically extended without change to this agreement where the Town Director of Operations believes the stormwater management facility is not complete and the said Stormwater
Maintenance Period shall continue to be in effect, and the maintenance security
retained, until a Certificate of Final Acceptance is issued.
20. FINAL ACCEPTANCE OF WORKS (a) One month before the end of the Maintenance Period or Stormwater Maintenance Period of
the Works identified in the applicable Certificate of Preliminary Acceptance, the Owner
may make a request for a final inspection. The Town will inspect the identified Works and if any deficiencies are evident in the installation, materials, workmanship, engineering design, a revised list of deficiencies will be provided to the Owner to make the necessary
corrections and repairs. An extended Maintenance Period or Stormwater Maintenance
Period may be required on corrected and/or repaired Works.
(b) Prior to issuance of any Certificate of Final Acceptance by the Town Director of
Operations, the Owner shall provide to the Town:
i. A Statutory Declaration that all accounts for material, labour and equipment
for the Works have been paid and that there are no claims for liens or otherwise
in connection with such Works in accordance with the Statutory Declaration of Accounts Paid provision of this Agreement;
ii. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County
as additional insured’s as provided for in the Insurance provisions of this
Agreement;
iii. A Certificate from the Electrical Safety Authority certifying the Streetlight
system;
iv. Written confirmation from an Ontario Land Surveyor certifying that all survey
monuments and iron bars as shown on the registered plan of subdivision are in place and located at grade.
v. Confirmation from the Town that any emergency repairs that may have been
completed by the Town have been paid for by the Owner;
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vi. A certificate from the Consulting Engineer certifying that:
a. All Works have been constructed in conformance with the approved design drawings and to the applicable standards and specifications and
that any and all deficiencies have been rectified;
b. All Sanitary and Storm manholes and catch basins have been re-flushed and cleaned at the end of the Maintenance Period of foreign matter along with a CCTV inspection of the Sanitary and Storm sewer systems with
confirmation that any new deficiencies the CCTV inspection revealed
have been rectified;
c. All stormwater management facilities as required in the stormwater management report and shown on the engineering design drawings have
been constructed accordingly, all deficiencies rectified, undergone final
cleaning, and are operational and functioning as intended along with the
final inspection and annual monitoring reports/logbooks as outlined herein and/or in the Environmental Compliance Approval;
d. Any retaining wall structures are structurally sound and were
constructed to the approved design drawings and applicable standards
and specifications and that any deficiencies have been rectified;
vii. Final "as constructed" drawings of the Works on original mylar transparencies
and on CD-R media or USB 2.0 in AutoCAD or DXF format.
viii. Record Forms indicating the swing tie measurements to plant features such as hydrants, valves, sanitary manholes, storm manholes, catch basins, double catch
basins, etc. in hardcopy of PDF format, using the plant ID numbers from the
design drawings. All measurements are to be metric.
(c) Once the Town is satisfied that all deficiencies have been rectified and provided that the Owner has otherwise complied with this Agreement, the Town Director of Operations
will issue a Certificate of Final Acceptance for the applicable Works, at which time the
associated maintenance security will be released by the Town in accordance with the
terms of this Agreement.
(d) A separate Certificate of Final Acceptance for the base course asphalt including curb and gutter will be provided following an inspection by the Town and once the Town is
satisfied that all related deficiencies have been rectified one month prior to the placement
of the final course of asphalt.
(e) The Town/County agrees that upon the issuance of the Certificate of Final
Acceptance of the Underground and Above-ground Works/Services, the Town/County shall bear the cost of all expenses associated with each of the said
Underground and Above-ground Works/Services.
21. ASSUMPTION BY-LAW
The Town shall not assume or be deemed to have assumed any of the Works or Services until all Certificates of Final Acceptance requested by the Owner have been issued by the Town
and the Town has approved and passed an Assumption By-law.
Upon all repairs being completed and provided that the Owner has complied with all other
terms and conditions of this Agreement, the Town Director of Operations shall submit a written report to Town Council stating that all the Works and Services have been
constructed and installed to the applicable standards and specifications, that all accounts in
connection therewith have been paid, that all financial requirements have been met, and
that all the Works and Services are in the required condition to be assumed.
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The Owner covenants and agrees that upon an Assumption By-law being passed the
ownership of the Works and Services assumed pursuant to the by-law shall vest in the Town/County and the Owner shall have no claims or rights thereto other than those accruing to it as an owner of land abutting on public highways where the Works and
Services have been installed.
No action of the Town, by way of repair to the Works or Services, maintenance, use of or connection to the Works or Services, winter maintenance of roadways or sidewalks, operation of the street lighting system, refuse collection, parkland maintenance, or any
other use or action shall be construed as assumption of the affected Works or Services and
no ownership shall vest with the Town until the Assumption By-law is passed by Council.
22. USE OF WORKS BY TOWN
The Owner agrees that the Works and Services may be used prior to acceptance and
assumption by the Town and/or County, or other authorized persons for the purpose for
which such Works and Services are designed, and such use shall not be deemed an acceptance or assumption of the Works or Services by the Town and/or County, nor shall
such use in any way relieve the Owner of its/his/her/their obligations in respect of the
Works and Services so used.
23. REPAIRS If, at any time prior to the issuance of a Certificate of Final Acceptance by the Town any of
the Works or Services fail to function, or do not function properly, or are constructed in
such a manner as to cause damage or pose a threat of damage of any nature or kind
whatsoever, and, in the reasonable opinion of the Town Director of Operations, rectification or action is required to prevent damage or hardship to persons or property, the
Owner shall upon receiving written notice from the Town, do all acts and things as required
by the Town Director of Operations to rectify the condition and repair any damages caused
to any existing Town infrastructure, easements, or other services contemplated by this
Agreement.
24. EMERGENCY REPAIRS
In the case of an emergency, in the sole opinion of the Town Director of Operations,
employees or agents of the Town may enter onto the Lands at any time or from time to time for the purpose of making emergency repairs to any of the Services and/or Works without
notice. Such entry and repairing shall not be deemed an acceptance of any of the Services or
Works by the Town, or an assumption by the Town of any liability in connection therewith
or release of the Owner from any of its/his/her/their obligations under this Agreement.
The cost of such work shall be calculated by the Town Director of Operations whose
decision shall be final. The cost of this work, together with an Engineering fee of five
percent (5%) of the cost of materials and work shall forthwith be paid to the Town by the
Owner on demand. Should payment not be received within thirty (30) days from the
issuance of an invoice from the Town, the Town may draw upon the deposited security.
25. FAILURE TO INSTALL OR REMEDY FAULTY WORK
If, in the opinion of the Town Director of Operations the Owner:
i. Is not proceeding or causing to be proceeded the works required in connection
with this Agreement within the agreed upon timeframes, or in order that it may
be completed within the agreed upon timeframe; or
ii. Is improperly performing the works; or
iii. Has neglected or abandoned before the completion, or unreasonably delayed the
same, so that conditions of this Agreement are being violated or carelessly
executed or being carried out in bad faith; or
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iv. Has neglected or refused to renew or again perform such work as may be
rejected by the Town Director of Operations as defective or unsuitable; or
v. Has defaulted performance of the terms and conditions of this agreement,
Then, in any such case, the Town Director of Operations shall promptly notify the Owner, in writing, of such default or neglect and if such notification be without effect within ten
(10) business days after such notice, the Town Director of Operations shall thereupon have
full authority and power to purchase materials and employ workmen and machines for
proper completion of the said Works at the cost and expense of the Owner. The cost of such work shall be calculated by the Town Director of Operations whose decision shall be final and be paid to the Town by the Owner on demand. Should payment not be received
following the issuance of an invoice from the Town, the Town may draw upon the
deposited security provided by the Owner pursuant to this Agreement.
It is further understood and agreed between the parties hereto that such entry upon the Lands shall be as an agent for the Owner and shall not be deemed, for any purposes
whatsoever, as an acceptance or assumption of the said Works or Services by the Town.
26. WINTER MAINTENANCE
(a) Upon the issuance of the Certificate of Preliminary Acceptance for the Underground
Works/Services and provided that all manholes, catch basins, and valve boxes are
adjusted to the base course asphalt grade, the Town shall commence roadway winter maintenance activities.
(b) Upon the issuance of the Certificate of Preliminary Acceptance for the Above-ground Works/Services and provided that there is a continuous uninterrupted link of sidewalk panels, the Town shall commence sidewalk winter maintenance activities.
(c) The Owner agrees to keep, at it/his/her/their own expense, the roadways and sidewalks clear of all construction and building materials so as to enable the Town to perform winter maintenance activities of the said roadways and sidewalks.
(d) The Owner agrees that any work done by the Town pursuant to this section before the
roads and sidewalks are assumed by the Town shall not be deemed in any way to be an
acceptance or assumption by the Town of the roads or sidewalks upon which such work
is done. The Owner acknowledges that the Town, while performing winter
maintenance activities, may damage or interfere with the works and/or property of the Owner and may cause damage to such works and/or property. The Owner hereby
waives all claims against the Town that it/he/she/they might have arising therefrom and
covenants that it/he/she/they will make no claim against the Town for such interference
or damage, provided that the winter maintenance activities are carried out without
negligence or willful misconduct by the Town or its employees, agents, contractors, or any other authorized person the Town is responsible for at law.
27. REFUSE COLLECTION
(a) Upon the issuance of the Certificate of Preliminary Acceptance for the Underground
Works/Services and after the issuance of the first Occupancy Permit, the County shall
commence waste and recycling collection activities.
(b) The Owner agrees to keep, at its/his/her/their own expense, the roadways clear of all construction and building materials so as to enable the County to perform refuse collection
along said roadways.
28. DUST AND WEED CONTROL
(a) During the entire construction of the Subdivision and until issuance of the Final
Acceptance Certificate of all the Works, the Owner shall apply approved dust
retardants in sufficient quantities or undertake any other actions approved by the Town
Director of Operations to prevent any dust problem to traffic or nearby properties. All
costs of such works shall be paid by the Owner. If dust is not controlled in accordance
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with the requirements of the Town Director of Operations, the Town may apply such
retardants as are deemed necessary by the Town Director of Operations at his/her sole discretion.
(b) Until the Subdivision is fully developed and all lots have a completed dwelling unit
constructed, the Owner shall undertake sufficient actions to ensure the effective
control of all types of vegetation on vacant/undeveloped lands within the Subdivision and on the Owner’s abutting lands. All costs of such works shall be paid for by the Owner. If the vegetation is not controlled in accordance with the requirements of the
Town’s by-laws including the Town of Tillsonburg Clean Yard By-law and/or the
Town Director of Operations, the Town may perform vegetation control activities as
deemed necessary by the Town Director of Operations at his/her sole discretion.
(c) If the Owner fails to pay for such dust and vegetation control works completed by the
Town, its employees, agents, contractors, or any other authorized person, within thirty
(30) days of the date of invoicing, the costs shall be deducted from the deposited securities.
29. DEVELOPMENT CHARGES, TAXES, LOCAL IMPROVEMENTS, AND OTHER
CHARGES (a) Development Charges
The Owner agrees for himself/herself and all successors in title that at the time of
application for a building permit for each lot or building block in the Subdivision, the Town shall have the right to charge, and the applicant for the building permit shall
pay a development charge to the Town in accordance with the Town’s Development
Charges By-laws, as amended, and shall pay development charges to the County in
accordance with the County’s Development Charges By-laws, as amended.
(b) Taxes
The Owner agrees to pay all arrears of taxes outstanding against the Lands or at the
time of execution of this Agreement with the Town.
The Owner further undertakes and agrees to pay all taxes levied on the Lands on the
basis and in accordance with assessment roll entries until such time as the Lands have
been assessed and entered on the collector’s roll according to the registered plan of
subdivision, following which the individual owners of all the lots and blocks in the
Plan shall be responsible for paying all taxes levied on the separate lots and blocks in the Plan.
(c) Local Improvement Charges
The Owner agrees to commute and pay all charges with respect to existing local improvements assessed against the Lands before or at the time of execution of this
Agreement.
(d) Other Charges
The Owner agrees to pay any other assessed charges owing to the Town prior to or at
the time of execution of this Agreement.
30. REPLACEMENT OF SURVEY BARS
The Owner shall provide to the Town a certificate and/or statement from an Ontario Land
Surveyor upon completion of the Underground Works/Services certifying that all survey
monuments and iron bars as shown on the registered plan of subdivision are in place and are
located at grade.
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31. LANDS FOR MUNICIPAL PURPOSE
(a) The Owner, at it/his/her/their sole cost and expense including all registration costs
and applicable taxes if any, covenants and agrees to grant to the Town easements or
other lands as set out in Schedule “G” attached hereto which are required for the installation and maintenance of municipal Services/Works or drainage purposes free and clear all encumbrances.
(b) The Owner, at it/his/her/their sole cost and expense, including all registration costs and applicable taxes if any, covenant and agrees to convey and transfer Lands which
are for public purpose or municipal Services/Works to the Town and/or County free
and clear of all encumbrances for all required Right-of-Ways, Park Lands, Storm
Water Management Lands, 0.3 metre reserves, or other Lands as set out in Schedule “G” attached hereto prior to the issuance of a Certificate of Final Acceptance by the Town of any Works or Services.
(c) The Owner and Town agree that the deeds for Lands to be conveyed to the Town
pursuant to this Agreement shall be delivered to the Town Clerk within thirty (30) business days time of execution of this Agreement and are subject to approval of the
Town Solicitor, and will be registered in the appropriate Land Titles Office or Land
Registry Office, the costs of which shall be paid by the Owner.
(d) The Owner covenants and agrees that Lands conveyed to the Town for municipal
purposes will not be used for disposal of debris obtained from the development of the
Lands herein developed, and the Owner further covenants and agrees to restrain all
others from depositing junk, debris, and refuse on the land(s) conveyed to the Town and to remove any such junk, debris or refuse so deposited immediately when so
directed by the Town at its/his/her/their sole cost and expense.
(e) The parties hereto agree that, in the event that required Easements, Right-of-Ways, Park Lands, Storm Water Management Lands, or other lands as required pursuant to
this Agreement have not been properly conveyed, the Town, in addition to any other
remedies available to it, may expropriate such Easements, Right-of-Ways, Park
Lands, Storm Water Management Lands, or other Lands, and the costs of such expropriation shall be at the expense of the Owner.
(f) The Owner agrees to grant, at its/his/her/their expense, such further Easements or
other lands as may be required to provide or adequately protect any of the Services/Works required in the Subdivision that the Town Director of Operations
may establish as necessary during construction and prior to Assumption.
32. PARKLAND CONTRIBUTION OR CASH-IN-LIEU OF
(a) The Owner agrees that the Blocks identified in Schedule “G” attached hereto will be
dedicated to the Town as parkland at the sole cost and expense of the Owner,
including grading, drainage, and landscaping and that the development of the
parkland shall be in accordance with Town standards all to the satisfaction of the
Town Director of Recreation, Culture and Parks.
AND/OR
(b) The Owner acknowledges and agrees that Cash-in-Lieu of the dedication of parkland
will be paid to the Town at the time of execution of this Agreement as outlined in
Schedule “E” attached hereto as determined in the sole opinion of the Town.
33. LONG POINT REGION CONSERVATION AUTHORITY REQUIREMENTS (a) The Owner agrees that a silt fence or other barrier suitable to the Town and/or
Conservation Authority shall be erected along any setback line established by the Long
Point Conservation Authority or any Environmental Impact Study prior to the commencement of grading or construction and shall remain until all grading and
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construction and re-sodding have been completed.
(b) The Owner agrees that no construction or soil disturbance shall take place below any
setback line established by the Long Point Conservation Authority without a
geotechnical study prepared by the Owner for review and approval of the Long Point Conservation Authority.
34. FIRE DEPARTMENT REQUIREMENTS
(a) The Owner agrees to provide notification to any Purchaser/Grantee that no burning of brush or construction debris will be permitted without the prior written approval of the Town Fire Department, and further agrees to comply with this policy itself.
(b) The Owner and Town agree that Building Permits will be restricted to provide a fire break every six (6) Lots until external finishing, cladding, roofing and windows on
each unit abutting each side Lot line has been completed, unless otherwise approved by
the Town Fire Chief. (c) The Owner further agrees that street signs shall be erected that are painted and clearly
legible as approved by the Town, fastened to a post at least 2.1 metres above ground
level at all street intersections and maintained until permanent signs are erected.
35. GAS UTILITY REQUIREMENTS
(a) The Owner shall grade all boulevards to final pre-topsoil subgrade prior to the
installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of the applicable gas utility.
36. TELECOMUNICATION REQUIREMENTS
(a) Prior to the issuance of Building Permits the Owner agrees that the telecommunication service providers (Bell, Rogers, etc.) shall confirm to the Town, that satisfactory arrangements, financial, and otherwise, have been made for any of the respective
telecommunication facilities servicing the Lands which are required to be installed
underground.
(b) The Owner agrees to grant any easements that may be required for telecommunication
services. (c) The Owner further agrees that if there is are any conflicts with existing
telecommunication facilities or easements, the Owner shall be responsible for re-
arrangements or relocation.
37. CANADA POST REQUIREMENTS
(a) The Owner shall be responsible for the supply and installation of Community Mail
Boxes (CBM) and associated concrete pads within the Plan of Subdivision to the satisfaction of the Town and Canada Post in accordance with the Town and/or Canada Post standards and specifications.
(b) The Owner further agrees to determine the location of all CBM’s in cooperation with
Canada Post and the Town and to indicate the location of all CBM’s on the engineering design drawings, and maps or information boards in the sales office.
(c) The Owner covenants and agrees to provide the Town with evidence of satisfactory
arrangements, financial and otherwise, that have been made with Canada Post for the
installation of CMBs as required by Canada Post and as shown on the approved Plan.
(d) The Owner further covenants and agrees to provide notice to prospective purchasers
of the locations of CMBs and that mail delivery will be provided via CMBs.
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38. LOT GRADING
(a) The Owner agrees with the Town that all Lots will be graded in accordance with the
Overall Grading and Drainage Plan included in Schedule “C” of this Agreement and that after the placement of sod on any of the Lands the Owner will arrange for an inspection of and receive the approval of the Lot grading by the Consulting Engineer.
(b) The Owner agrees to place in the deed, transfer or conveyance for every Lot a restrictive covenant in favour of the remaining Lands affected by this Agreement that
the purchaser or transferee are to provide and maintain the grading and drainage and
will not alter the grading and drainage on the land in any way that will adversely
affect the drainage pattern established by the Overall Grading and Drainage Plan as
amended and approved by the Town. The restrictive covenant shall run with the land and shall state that the owner will not do, or cause to be done, any activity that alters
the drainage on the land including, but not limited to, constructing a building or
structure without the approval of the Town, placing fill, planting trees, or
landscaping. Any changes will only be reviewed by the Town if accompanied with
the Consulting Engineer’s drawing stamped and signed.
(c) The Owner and Town agree that no Building Permit will be issued for any Lot unless
a Preliminary Lot Grading Certificate has been submitted in conjunction with the corresponding Building Permit application. Preliminary Lot Grading Certificates
shall be prepared in accordance with Town standards.
Such Preliminary Lot Grading Certificates shall have been approved, signed and sealed
by the Consulting Engineer, and shall contain a statement from the Consulting Engineer
certifying that the said Preliminary Lot Grading Certificate is in conformity with the
Overall Grading and Drainage Plan included in Schedule “C” of this Agreement, and
that the location of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the Preliminary Lot Grading Certificate accurately reflects the
proposed buildings as shown on the plans and drawings for which a Building Permit
has been applied.
(d) The Owner agrees that the services of the Consulting Engineer will be retained for the
purposes of preparing and submitting the Final Lot Grading Certificate for each Lot
after the completion of the dwelling and final grading for Town approval. Each Final
Lot Grading Certificate shall contain a statement for the Consulting Engineer certifying that the grading on the subject Lot has been completed in accordance with the Overall Grading and Drainage Plan and that the dwelling and/or detached accessory buildings
and/or structures have been constructed at the location(s) shown on the plans and
drawings.
The Owner further agrees that the Consulting Engineer shall provide Service Record
Forms indicating the swing tie measurements from the main building to the water,
sanitary, and storm service laterals for the Lot. All measurements are to be metric.
The municipal address and street name are to be used to reference the ties.
39. BUILDING PERMIT REQUIREMENTS
The approval of the Plan of Subdivision by the Town or the acceptance by the Town and/or
County of the Services/Works shall not be deemed to give any assurance that municipal
building permits, when applied for, will be issued in respect to the Lots or building blocks
in the Plan.
Building Permit applications will be considered subject to the following conditions for the Lots or building blocks identified in Schedule “B”:
(a) A Certificate of Preliminary Acceptance for the Underground Works/Services has
been issued by the Town Director of Operations;
(b) The Owner has provided Town Engineering Services with a written statement or confirmation letter from the local hydro distribution company certifying that the
Electrical Plant has been inspected and energized;
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(c) The Preliminary Lot Grading Certificate from the Consulting Engineer has been
approved by Town Engineering Services;
(d) The applicable development charges for the lot or building block to which a permit is
being applied for has been paid in accordance with the requirements of both the
Town and County;
(e) The Plan of Subdivision described in Schedule “B” and this Agreement has been
registered on title against the Lands;
(f) An Ontario Land Surveyor has provided the Town with a building location survey
confirming the building location is in conformance with the all provisions of the
Town’s Zoning By-law.
(g) All fees, taxes, and levies have been paid and all other provisions and requirements of
this Agreement have been met.
Building Permit applications will not be considered for subsequent phases or stages prior to
the approval of the respective phase or stage in accordance with the provisions of this
Agreement regarding Subdivision Phasing.
40. MODEL HOMES
The Owner may erect two (2) model homes on the Lands on proposed Lots approved by the Town subject to the following:
(a) Payment of the Building Permit application fee and a grading deposit to the Town for each model home Building Permit. The Town agrees to refund the grading deposit to
the Owner, without interest, upon the issuance of “As-Constructed” drawings and a
follow-up site inspection;
(b) All financial and other matters are in good standing to date pursuant to the terms and
requirements of this Agreement;
(c) The Owner agrees to submit to the Town Director of Operations a Site Plan and other
such drawings as the Town deems necessary for the development of the Model Home
area for approval, which approval must be obtained prior to the commencement of
any construction work hereunder and as a prerequisite to the issuance of the Building Permit with respect to the said Lot. Approval shall relate to the lot grading, drainage,
and landscaping as well as other matters which the Owner proposes to install,
construct or erect on the said Lot.
(d) The Owner and Town agree that if Services/Works have not been installed that an additional connection security deposit, as determined by the Town, will be required at the time of Building Permit application. The Town agrees to refund the connection
security deposit to the Owner, without interest, upon receipt of written confirmation
of connection to the newly installed services.
(e) Where a Building Permit has been issued to permit the construction of a model home, an unobstructed emergency access route shall be maintained at all times with a
minimum width of six (6) metres constructed of granulars and have sufficient
compaction as to provide access for all emergency vehicles to the satisfaction of the
Town and/or County;.
(f) Every model home shall comply with all provisions of the Town’s Zoning By-law
and an Ontario Land Surveyor shall provide the Town with a building location survey
confirming the building location;
(g) The Owner covenants and agrees that no building or structure or erection built,
constructed or erected on any Lot as a model home shall be occupied, save and except that the building may be occupied for the sole purpose of an office to promote the sale
of houses in the Plan of Subdivision as described in the Agreement. No occupancy of
the model home shall be permitted until all of the other applicable provisions of this
Agreement have been complied with.
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41. OCCUPANCY PERMIT REQUIREMENTS
Occupancy Permits will be considered subject to the following conditions for dwelling
units completed on the Lots or building blocks identified in Schedule “B”:
i. Preliminary Acceptance Certificate of the Underground Works/Services has been
issued by the Town Director of Operations;
ii. A Certificate from the Electrical Safety Authority certifying the Streetlight
system; iii. An occupancy inspection in accordance with the Ontario Building Code of the
dwelling unit has been completed by the Town’s Chief Building Official.
42. SIGNS RESPECTING MAINTENANCE OF LANDS AND ASSUMPTION OF
ROADS BY THE TOWN Signs at least 1.2 metres by 2.4 metres shall be provided, erected, and maintained by the
Owner at each entrance to the Subdivision and the signs shall read as follows:
ROADS NOT ASSUMED BY THE TOWN OF TILLSONBURG USE AT YOUR OWN RISK
ALL UNDEVELOPED LANDS WITHIN THIS SUBDIVISION ARE
PRIVATE PROPERTY. ANY QUESTIONS OR CONCERNS REGARDING
THE UNDEVELOPED LANDS ARE TO BE DIRECTED TO:
<owner’s name>
<owner’s mailing address>
<owners telephone number>
The lettering shall be upper case, 15 cm high, properly spaced and black in colour on a white
background sign.
These signs shall be installed prior to the commencement of construction of the
Services/Works and, subject to the provisions of this Agreement regarding the Assumption By-law, shall be removed after the Town has approved and passed the Assumption By-law.
43. STATUTORY DECLARATION OF ACCOUNTS PAID
The Owner agrees that upon applying for a partial or full release of securities, Certificate of Preliminary Acceptance, or a Certificate of Final Acceptance it/he/she/they shall supply the
Town and County with a Statutory Declaration that all accounts for work and materials for
the Works and Services have been paid and that there are no claims for liens or otherwise
in connection with such work done or materials supplied for or on behalf of the Owner for
the Subdivision.
44. SEVERABILITY
In the event that a Court determines that any provision of this Agreement, including any
provisions set out in the Schedules attached to this Agreement is void or unenforceable:
(a) such provision shall be deemed severed from the Agreement and the balance of the
Agreement and its Schedules shall continue in full force and effect; and
(b) the parties shall provide and perform such further assurances as are necessary to
ensure the implementation of those provisions deemed severed.
45. INDEMNIFICATION
Until the passing of the Assumption By-law, the Owner on behalf of
itself/himself/herself/themselves, its/his/her/their heirs, executors, administrators and
assigns, including its/his/her/their successors in title, hereby covenants and agrees to
indemnify and save harmless the Town and the County of and from all actions, cause of
actions, suits, claims, demands, damages, losses, costs, charges and expenses of every
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Town of Tillsonburg Subdivision Agreement
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nature and kind whatsoever by whomsoever make brought or prosecuted, including legal
fees, which the Town and/or County may incur or have to pay, which may arise either
directly or indirectly by reason of any activity, actions, performance, negligence or non-
performance of the Owner, its employees, servants, agents, contractors, subcontractors,
architect, landscape architect, engineer, surveyor, planner, consultant, project manager or
any other person the Owner is responsible for at law during the development of the Lands;
in executing the work under this Agreement; by reason of installation of any
Services/Works required under this Agreement; by the failure of the Owner to complete the
installation of the Services/Works required under this Agreement; because of or on account
of the ownership, construction, use existence, or maintenance of the property described in
the Agreement; by the exercise of the Owner’s powers under this Agreement; the
construction, maintenance or the improper or inadequate construction, installation and/or
maintenance of the Services/Works; any act or omission of said parties while undertaking
the Plan; or by reason of the neglect of the Owner or its employees, servants, agents,
contractors, subcontractors or others for whom the Owner is responsible at law.
Without limiting the generality of the foregoing, the Owner agrees to indemnify and save
harmless the Town for any issues related to the alteration of any grade or existing level
construction, the maintenance or repair of any street within the Subdivision, or by reason of
the failure, neglect or omission of the Owner to do anything agreed to be done pursuant to
this Agreement or by reason of any act or omission of the Owner, including failure of the
Owner to comply with the Construction Lien Act.
The Owner further covenants to indemnify and save harmless the Town and the County
against all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges
and expenses whatsoever instituted after the passing of the Assumption By-law resulting
from causes of action arising before the passing of the Assumption By-law.
46. INSURANCE
Prior to the registration of the Plan of Subdivision and the execution of this Agreement, the
Owner shall purchase and maintain insurance against all damages or claims for damage
with a financially sound and reputable insurance company satisfactory to the Town and the
County and continue to maintain such insurance until an Assumption By-law has been
passed by the Town. Such policy or policies shall name the Town, Tillsonburg Hydro Inc.
and the County as additional insured’s and shall be in full force and effect until an
Assumption By-law has been passed. The Owner shall provide a Certificate of Insurance
to the Town’s Director of Finance evidencing the insurance coverage required by the
Owner and hereafter annually on the insurance renewal date.
The issuance of such insurance policy or policies shall not be construed as relieving the
Owner from responsibility for any other or larger claims in excess of such policy or
policies, if any, for which the Owner may be held responsible. Such insurance policy or
policies shall be in a form acceptable to the Town’s insurer and, without limiting the
generality of the foregoing, shall provide:
(a) Comprehensive General Liability insurance applying to all operations of the Owner
subject to the limits of not less than five million dollars ($5,000,000) for any single
occurrence which shall included coverage for personal injury, including death, broad
form property damage, products and completed operations liability, owner’s and
contractor’s liability, blanket contractual liability, contingent employer’s liability, non-owned automobile liability and shall include cross liability and severability of
interest clauses;
(b) Automobile Liability insurance with an inclusive limit of liability of two million dollars ($2,000,000) on forms meeting statutory requirements covering all licensed
vehicles used in any manner in connection with the development of the Subdivision
including legal liability for Damage to Non-Owned Automobiles coverage and/or
Cargo insurance. The policy must provide coverage for personal injury, including death or property damage arising out of the ownership, use or operation of all owned and/or leased automobiles;
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Town of Tillsonburg Subdivision Agreement
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(c) That the insurance premium for the insurance required herein has been prepaid for a
period of not less than one (1) year;
(d) That the insurance policy will provide that it is not cancellable unless prior notice by
registered mail has been received by the Town and the County from the insurer not
less than thirty (30) days prior to the cancellation date; (e) All parties agree to immediately notify the other parties of any occurrence, incident,
or event which may reasonably be expected to expose any of the parties to liability of
any kind in relation to the development of this Subdivision.
(f) That the insurance policy shall not contain a deductible clause. If the policy contains
a deductible clause, the Owner must provide an additional cash deposit with the
Town in the amount of the deductible.
During the construction and maintenance periods the Owner shall ensure any person
providing professional service in connection with the Lands, including its professional
consultants, architects, planners and Registered Professional Engineers, provide and
maintain Professional Liability insurance coverage until an Assumption By-law has been passed by the Town. The Town reserves the right to request the Owner to provide the
Town with evidence of such insurance coverage.
47. IMPLEMENATION SCHEDULE
The Owner hereby undertakes to complete the work herein in accordance with the
timeframes set out in Schedule “F” attached hereto. A variance to the timeframes will only be allowed if approved in writing by the Town. Failure to comply may result in the Owner
being in default of this Agreement and the Town may remedy this pursuant to the
provisions provided in this Agreement.
48. NOTIFICATIONS AND CHANGE OF OWNERSHIP
Any notice required to be given to the Owner, the Town, or the County under this
Agreement shall be in writing and shall be sufficiently given if delivered or mailed postage prepaid to the addresses below. Such notice shall be deemed to have been received on the date of its delivery or in the case of mailing, three (3) business days after it was delivered to
the post office.
Town’s Address Town Clerk
The Corporation Town of Tillsonburg
200 Broadway St. Unit 204
Tillsonburg, Ontario N4G 5A7
Owner’s Address
County’s Address
County Clerk
The County of Oxford 21 Reeve St. Woodstock, Ontario
N4S 7Y3
Should the Owner sell all or portion of this Subdivision, all terms and conditions agreed to
in this Agreement are to be transferred to the new owner(s). The Town and County will require the new owner(s) to accept, in writing, the terms and conditions outlined in this Agreement. If the acceptance of the terms and conditions of this Agreement from the new
owner(s) is not received by the date of sale or transfer, the terms and conditions agreed to
in this Agreement shall remain the responsibility of the previous Owner.
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49. REGISTRATION OF PLAN AND AGREEMENT
When the Plan of Subdivision has been approved and signed by the County and returned
for registration, the Owner’s lawyer shall lodge a mylar copy of the Plan of Subdivision together with twelve (12) prints as registered with the Town Clerk and County Clerk
immediately after registration.
The Owner and Town herby agree that this Agreement and the Schedules hereto shall be registered upon the title of the Lands and such registration shall be at the expense of the Owner. The Owner acknowledges that the Town, in addition to any other remedy it may
have at law, shall also be entitled to enforce this Agreement in accordance with s.442 of the
Municipal Act, 2001, S.O. 2001, c.25, as amended.
The Owner hereby agrees that upon registration of the Plan of Subdivision and this Agreement on title against the Lands that such notice of registration shall be given to the
Town Clerk within twenty-four (24) hours, and that until the Town Clerk receives such
notification of registration of the Plan of Subdivision and this Agreement on title against
the Lands that no lots or blocks shall be conveyed or mortgaged. In the event the Owner has not proceeded with work required by this Agreement within one
(1) year from the date of this Agreement, the Town at its sole discretion may declare this
Agreement to be null and void and the Owner shall be required to apply for a new
agreement prior to proceeding with any work on the subject lands. 50. PAYMENT OF COST AND SERVICES
The Owner agrees to pay all reasonable costs incurred by the Town and the County in
connection with the development of this Subdivision which, without limiting the generality
of the foregoing, shall include all expenses of the Town and County heretofore and
hereinafter incurred for legal, engineering, surveying, planning and inspection services, extra meetings, if any, and employees’ extra time, if any, and shall pay such costs within thirty (30) days upon invoicing. All amounts owing to the Town or the County by the
Owner pursuant to this Agreement shall, after the expiry of the aforesaid thirty (30) day
period, bear interest at the prime rate charge by the Town’s bank plus one and a quarter
percent (1 ¼ %), from the due date until paid. The Owner acknowledges that failure to pay the aforesaid costs within thirty (30) days shall constitute a default of the Owner’s obligation pursuant to this Agreement and shall entitle the Town to, if it so chooses at its
sole option, draw upon the security for any amounts outstanding beyond the thirty (30) day
period.
51. ARBITRATION OF DISPUTES
It is contemplated that there is room for differences between the Owner and the Town
and/or the County in respect to the quality of workmanship involved in the work to be done
and that issues may occur which increase the Town and/or the County’s costs and expenses
which are not properly the responsibility of the Owner in the construction, meaning or
effect of this Agreement or related agreements made between the parties. These and all other differences between the parties arising out of this contract shall be referred to a single
arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed
by each party to the reference and a third arbitrator to be appointed by the first named
arbitrator in writing before they enter upon the business of the reference; and if either party
shall refuse or neglect to appoint an arbitrator within five (5) days after the other party shall have appointed an arbitrator and shall have served a written notice upon the first mentioned
party requiring such party to make such appointment, then the arbitrator first appointed
shall, at the request of the party appointing him proceed to hear and determine the matters
in difference as if he were a single arbitrator appointed by both parties for the purpose, and
the award or determination which shall be made by the said arbitrators or the majority of them or by said arbitrator, shall be final and binding upon the parties hereto, their
successors and assigns.
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52. ENCUMBRANCER’S CONSENT
The Owner covenants that within ten (10) business days of the execution of this Agreement
it shall either cause every person having an encumbrance or charge affecting the Lands to join in the execution of this Agreement, or to execute a Postponement Agreement postponing such interest in favour of the Town’s and County’s interest pursuant to this
Agreement and to provide duplicate registered copies of such postponement agreements to
the Town Solicitor and Town Clerk and County Clerk.
53. REVISIONS TO THIS AGREEMENT
Upon written notification to all parties, the Town, the County, or the Owner have the right
to request revisions to this Agreement provided that the Agreement has been in effect for a
minimum of five (5) years.
54. SUBSEQUENT PARTIES AND GENDER
This Agreement shall enure to the benefit of and be binding upon the parties hereto and
their respective heirs, executors, administrators, successors and permitted assigns, and all covenants and agreements herein contained, assumed by, or imposed upon the Owner are deemed to be covenants which run with and bind the Lands herein described and every part
thereof and, if there are more owners than one, all covenants herein contained shall be
construed to be several as well as joint, and wherever the singular or masculine is used, it
shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used where the context of the Party or the Parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby
rendered necessary had been made.
55. INTERPRETATION
All captions, titles, and paragraph headings in this Agreement are inserted for convenience
and ease of reference only and do not define, limit or enlarge the scope, meaning or intent
of any provisions of this Agreement.
56. PRIOR AGREEMENTS
The parties hereto agree that this Agreement is further to and does not replace or revoke
any prior agreements.
57. AUTHORITIES
Nothing in this Agreement constitutes a waiver of the obligation of the Owner to comply
with the Zoning By-law of the Town, Ontario Building Code or any other By-laws of the
Town or County, or any restrictions or regulations lawfully imposed by any other
authorities having jurisdiction in connection therewith.
58. FURTHER ASSURANCES
The Owner agrees that it shall and will, on the request of the Town, make, do, execute or
cause to be made, done or executed all such further and other deeds, acts, things and assurances to ensure the full implementation of this Agreement and to satisfy the intention of the parties as set out in this Agreement.
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Town of Tillsonburg Subdivision Agreement
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IN WITNESS WHEREOF the parties hereto have executed this Agreement
SIGNED, SEALED AND DELIVERED this day of , 2015 A.D.
) OWNER )
)
) ____________________________________
) Name and Position
) I have authority to bind the Corporation
)
) THE CORPORATION OF THE TOWN OF TILLSONBURG
)
)
) ____________________________________
) MAYOR: Stephen Molnar
)
)
) ____________________________________
) CLERK: Donna Wilson
)
) THE COUNTY OF OXFORD ) )
)____________________________________ ) COUNTY WARDEN: David Mayberry
)
)
)
) ____________________________________
) COUNTY CLERK: Brenda Tabor
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Town of Tillsonburg Subdivision Agreement
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SCHEDULE “A”
Description of Lands being Subdivided
All and singular certain parcels or tracts of land and premises, situate, lying and being in the Town
of Tillsonburg, County of Oxford, Province of Ontario, being {legal description}, Town of
Tillsonburg, County of Oxford. Land Titles PIN:
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Town of Tillsonburg Subdivision Agreement
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SCHEDULE “B”
Plan of Subdivision
The Plan of Subdivision SB as prepared by dated
2015 as approved by the County of Oxford dated .
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Town of Tillsonburg Subdivision Agreement
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SCHEDULE “C”
Engineering Design Drawings
The following schedule of plans shall be submitted to the Town in paper and electronic copy
prior to the execution of this Agreement for approval and it shall be the responsibility of the
Owner to ensure complete compliance of all matters related to their implementation:
Drawing No. Description Revision No. Date
Cover Sheet
General Servicing Plans
Lot Grading and Drainage Plans
Plan and Profile Drawings
Storm Drainage / Sanitary Drainage Plans
Stormwater Management Facility Plans
Landscaping and Planting Plans
Park Development Plans
Details, Notes and Miscellaneous Plans
218
Town of Tillsonburg Subdivision Agreement
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SCHEDULE “D” Summary of Estimated Servicing Costs
{insert Consulting Engineer Estimate}
219
Town of Tillsonburg Subdivision Agreement
Page 38 of 41
SCHEDULE “E”
Summary of All Cash Charges
The following monies are to be deposited with the Town prior to or at the time of execution of
this Agreement.
1. Taxes in Arrears $
The amount shown above is the taxes in arrears for the Lands subject to the Subdivision
development.
2. Local Improvement Charges $
The amount shown above is the Local Improvement charges assessed or outstanding for the Lands subject to the Subdivision development.
3. Performance Security $
The amount shown above as determined by Schedule “D” hereto is the total performance
security required to cover the faithful performance of the construction and installation of
the Works and Services and the payment and provision of all obligations arising out of this
Agreement.
4. Maintenance Security $
The amount shown above as determined by Schedule “D” hereto is the total maintenance security required to cover the faithful repair and maintenance of all Works and Services constructed and installed.
5. Cash-in-Lieu of Parkland $ The amount shown above as is the cash-in-lieu of parkland dedication as determined in the
sole opinion of the Town.
6. Oversizing Charges $
The Town and/or County may require oversizing to accommodate the servicing of lands
external to the Subdivision lands. A breakdown of the oversizing charges is provided below:
a) Water Distribution (> 250mm) $
b) Sanitary Collection (> 250mm) $
c) Stormwater Collection (>600mm) $
7. Other Charges $
a) Pursuant to this Agreement, the amount shown above is to cover the initial legal, administrative, and engineering services incurred by the Town and is non-refundable.
b) Development Charges or other applicable charges shall be paid by the applicant at the time of application for Building Permit in accordance with the provisions of this Agreement.
c) Demolition Permits and Building Permits shall be paid by the applicant at the time of
application.
Sub-Total Cash Charges $
Less Cash Charges Provided $
TOTAL CASH CHARGES $ (Due at time of Agreement Execution)
220
Town of Tillsonburg Subdivision Agreement
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SCHEDULE “F”
Implementation Schedule
{insert Owner’s implementation schedule}
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Town of Tillsonburg Subdivision Agreement
Page 40 of 41
SCHEDULE “G”
Lands and Easements to be conveyed to the Town and/or County
8. Easements for Municipal Services and Drainage Purposes
The Owner shall grant at its expense and in favour of the Town and/or County the following easements for municipal Services and drainage purposes:
Being Parts and , both inclusive, shown in the Engineering Design
Drawings shown in Schedule “C” of this Agreement.
9. Public Highways
The streets to be constructed in this development shall be conveyed and dedicated to the
Town of Tillsonburg for public highway purposes at no cost to the Town and free of all
liens and encumbrances.
10. 0.3 metre Reserves
The Owner shall convey Block as shown in Schedule “B” of this Agreement to the
Town for the purpose of a 0.3 m reserve.
11. Stormwater Management Facilities
The Owner shall construct the stormwater management facility for the Plan of Subdivision
on Block as shown in Schedule “B” of this Agreement and shall convey and transfer Block as shown in Schedule “B” of this Agreement to the Town.
12. Parkland
The Owner shall convey and transfer Block as shown in Schedule “B” of this Agreement to the Town as parkland.
AND/OR
The Owner shall convey and transfer the amount outlined in Schedule “E” of this Agreement to the Town as Cash-in-lieu of parkland.
222
Town of Tillsonburg Subdivision Agreement Page 41 of 41 SCHEDULE “H”
Conditions of Draft Plan Approval
The following is a copy of the conditions included in the Town and County Council resolution granting draft approval of the Plan of Subdivision:
1.
2.
223
STAFF REPORT
RECREATION, CULTURE & PARKS
Title: Sole or Single Source Procurement Authorizations
Report No.: RCP 15-11
Author: RICK COX
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments:
RECOMMENDATION
THAT Council receives Report RCP 15-11 – Sole or Single Source Procurement
Authorizations;
AND THAT Council authorize staff be authorized to procure the products and services listed in Report RCP 15-11 from the indicated sole or single source.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to procure a specific list of
products and services from a sole or single source so that the procurement is
completed in a manner that is in compliance with the approved Purchasing Policy.
BACKGROUND
Section 5.1.7 of the Purchasing Policy specifically stipulates that any contracts for
single or sole source purchases are subject to Council approval. The Policy does not make any exceptions.
The Definitions section of the Policy includes the following:
‘"Sole Source" shall mean there is only one known source of supply of particular goods or services;’
The following list of products and services have been identified as meeting the
specific needs of the Recreation, Culture & Parks Department and are being
recommended as the vendor for a sole source procurement with the rationale indicated in the list.
Product/Service Vendor Rationale for sole sourcing
Swimming & Lifesaving
Program Lifesaving Society of Canada
This vendor is the only one in Canada that
provides a nationally recognized curriculum of
swimming, lifeguard and instructor courses
that covers the complete range from non-
swimmer to professional lifeguarding
certifications. Other vendors cover a portion of
that range but not the whole spectrum. It is
not cost effective to provide duplicate
programs.
RCP 15-11 - Sole or Single Source Procur 1/3
224
Product/Service Vendor Rationale for sole sourcing
Conti Ice resurfacer blade
changing assist device
Designated Canadian
Distributor (currently
Zamboni Inc.)
This vendor is the only Canadian supplier of
this blade changing device that meets the
requirement of ensuring no need for the
operator to touch an exposed blade or reach
under the machine's conditioner. Other
devices are available but do not meet this
specification.
Bulk liquid Chlorine & Muriatic
Acid Acapulco Pools
This vendor is the only supplier offereing bulk
container delivery to the indoor and outdoor
pool locations. Other vendors only offer
smaller quantity containers, or require Town
staff to transport the chemical from the
delivery truck to the storage areas.
Columbaria niche brass
fixtures Riverside Brass This vendor is the only supplier able to match
the existing pattern of niche marker fixtures.
Town Facility building exterior
locks Provincial Locksmith
The key blank system installed is proprietary to
the Town of Tillsonburg and Provincial
Locksmith. As long as this key system is used
by the Town, Provincial is the only vendor that
can be utilized.
Town Facility building interior
locks Thornton Lockworks
The key blank systems installed are proprietary
to Thornton Lockworks. As long as thiese key
systems are used by the Town, Thornton is the
only vendor that can be utilized.
Wabash Valley Memorial
Benches & Matching Garbage
Receptacles
Designated Canadian
Distributor (currently
PlayPower LT Canada Inc.)
This style of bench & receptacle is used to
match the currently installed stock with new
stock and replacement parts.
Targeted Advertising Daytripping Magazine
"Daytripping in Southern Ontario" is the only
publication that covers Southern Ontario
which offers discounted rates to museums, has
a large circulation base and specifically caters
to the museum's largest target audience.
Targeted Advertising Norfolk Arts, Culture &
Heritage Alliance
The "Arts County Magazine" is the only
regional publication that profiles artists and
premiere tourism destinations in the 5-county
region. 20,000 publications are distributed to
info centres, galleries, theatres and businesses
across Ontario
Targeted Advertising CKOT
This radio station is the only local option to use
for getting the word out about programs,
building closures and weather-related
cancellations.
Grave shoring equipment Teleshore Group
Teleshore is the only supplier of hydraulic
grave shoring equipment in Canada and is the
only supplier for parts for the Towns
equipment
RCP 15-11 - Sole or Single Source Procur 2/3
225
CONSULTATION/COMMUNICATION/COMMUNITY ENGAGEMENT
N/A
FINANCIAL IMPACT
There is no funding impact with respect to this report as the items or services
identified above are incorporated into existing allocations in the approved 2015
budget.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
None at this time.
RCP 15-11 - Sole or Single Source Procur 3/3
226
STAFF REPORT
RECREATION, CULTURE & PARKS
Title: Amendment to the Municipal Alcohol Policy
Report No.: RCP 15-12
Author: RICK COX
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: • BYLAW 3565 - TO ADOPT THE TOWN OF TILLSONBURG
MUNICIPAL ALCOHOL POLICY (MAP)
RECOMMENDATION
THAT Council receives Report RCP 15-12 – Amendment to the Municipal Alcohol
Policy;
AND THAT Council amends the Municipal Alcohol Policy as outlined in the report;
AND THAT an amending by-law is brought forward for consideration.
EXECUTIVE SUMMARY
In consultation with the Alcohol and Gaming Commission of Ontario (AGCO), a
minor amendment to the Municipal Alcohol Policy (MAP) is recommended to permit for games of skill at licensed events. This change will match the MAP restrictions to
those in Provincial Legislation.
BACKGROUND
The Municipal Alcohol Policy was revamped in 2011 and was adopted by the Council
of the day under By-Law 3565 to bring it into compliance with new Ministry regulations and best practices available at the time.
Over the next several months, Town staff will be working with the AGCO and other stakeholders to review the entire MAP and are planning to bring forward a complete
revision in the fall of 2015. At the present time however, there is a minor
amendment that staff recommend making which will provide immediate relief to a
point of contention between the MAP, AGCO regulations, and the holders of Special
Occasion Permits (SOP’s).
Many bookings at the Community Centre for 2015 are planned as ‘buck & doe” style
events, and many organizers also want to be able to hold games of skill and games of chance. These bookings require the organizer to obtain an SOP and comply with
the MAP. Currently, the MAP prohibits “games of chance or mixed chance and skill”
unless properly licensed but updated AGCO regulations only prohibit “games of
chance” unless properly licensed.
RCP 15-12 - Amendment to the Municipal A 1/2
227
Staff recommends Section B of the MAP be amended as follows:
Gambling: Games of chance or mixed chance and skill (i.e. poker,
crown & anchor, raffles, 50/50 draws, etc.) are not permitted unless
the proper license has been obtained from the province or
municipality.
This amendment allows our customers to plan games of skill like a mini-putt or
bean bag toss but continues to prohibit games of chance like crown & anchor or raffles unless the appropriate license is obtained.
CONSULTATION/COMMUNICATION/COMMUNITY ENGAGEMENT
Town staff have been in consultation with AGCO staff, the OPP and community
stakeholders to improve everyone’s awareness, compliance and understanding of
the MAP and SOP requirements.
FINANCIAL IMPACT
There is no direct funding impact with respect to this report. However, the change
will make the MAP easier to enforce as it matches the restrictions within AGCO regulations. Enforcing the current MAP will result in customers choosing to book
their events at locations where games of skill are permitted.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT None at this time.
RCP 15-12 - Amendment to the Municipal A 2/2
228
THE CORPORATION OF THE TOWN OF TBLLSONBURG
BY-LAW NUMBER 3565
A BY-LAW to adopt the Town of Tillsonburg Municipal Alcohol Policy (MAP)
and to repeal the former Municipal Alcohol Policy, By-Law 3181.
WHEREAS it is necessary and expedient that there shall be a clear and concise policy governing
the sale and consumption of alcoholic beverages in Municipal owned facilities and parks to
promote a safe, enjoyable environment for those who use these facilities;
AND WHEREAS THE Council of the Corporation of the Town of Tillsonburg deems it expedient and
necessary to repeal By-Law 3181;
THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS:
1. THAT the Municipal Alcohol Policy (MAP) attached hereto as Schedule "A" forms
part of this By-law.
2. THAT any Municipal Alcohol policies previously adopted are hereby repealed.
This By-Law shall come into full force and take effect immediately after the final passing
hereof.
READ A FIRST AND SECOND TIME THIS 28th day of November, 2011.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of December, 2011.
CLERK - Donna Wilson
229
230
TOWN OF
TILLSONBURG
Municipal Alcohol Policy
(M.A.P.)
ct ^6u^/^m^^m/ ff—— V
G: Community Centre/2011 MAP Update Pagel
231
TOWN OF TILLSONBURG - MUNICIPAL ALCOHOL POLICY
TABLE OF CONTENTS
1. Introduction
2. Goal Statement
3. Policy Objectives
4. Conditions of the Use of Alcohol in Municipally owned Facilities
SECTION #1 - Municipal Facilities Eligible for Special Occasion Permit
Events (refer to each location for specific facilities}
A. Tillsonburg Community Centre
B. Tillsonburg Special Event Centre
C. Tillsonburg Public Library
D. Annandale National Historic Site
E. Tillsonburg Municipal Airport
SECTION #2 - Municipal Parks and Facilities NOT Eligible for Special
Occasion Permit Events
SECTION #3 - Signs
A. Serving Practices
B. Accountability
C. No Last Call
D. RIDE Signs
E. Ticket Sales Stop
SECTION #4 - Controls Prior to Event
A. Special Occasion Permit
B. Control
C. M.A.P.
D. Checklist for Event Organizers
E. List of Trained Persons
F. SOP Signatory
SECTION #5 - Controls During Event
SECTION #6 - Event Workers - Trained
A. Public Events
B. Private Events
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SECTION #7 - Alcohol Service
A. Low Alcohol and Non-alcoholic Options
B. Control of Alcohol Service
C. Advertising Events
SECTION #8 - Liability Insurance
SECTION #9 - Safe Transportation
SECTION #10 - Youth Admission
SECTION #11 - Security Requirements at Specific Events
SECTION #12 - Consequences for Failure to Comply
SECTION #13 - Policy Monitoring and Revisions
Appendix "A" - Checklist & Security Plan for Event Organizers
Appendix "B" - M.A.P. Comment Form
Appendix "C" - Event Category Guideline - Risk Assessment
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1. INTRODUCTION
Council first endorsed a by-law for an Alcohol Management Policy in 1994. This policy
has proven to be very effective in Municipal Risk Management and has been included in
the rental contract for all Municipal Facilities rented and licensed for special occasion
permits.
The policy is also intended to promote a safe, enjoyable environment for those who use
these facilities. By managing and enforcing this policy, the Town of Tillsonburg hopes to
reduce any possible risk of litigation.
2. GOAL STATEMENT
In order to reduce alcohol related problems that may arise from alcohol consumption
within its facilities and to promote a safe, enjoyable environment for users of these
facilities, the Town of Tillsonburg has developed a M.A.P. The Town of Tillsonburg
offers a variety of unique recreational experiences for people of all ages. Our goal is to
encourage responsible use of alcohol during Special Occasion Permit (SOP) functions to
ensure the health and safety of the participants and the protection of Town of
Tillsonburg facilities.
3. POLICY OBJECTIVES
To provide appropriate procedures and education to individuals or Event Organizer
wishing to hold events in parks and facilities within the Town of Tillsonburg's jurisdiction
in order to ensure that all Alcohol & Gaming Commission Board of Ontario legislation
pertaining to Special Occasion Permits (SOP) is properly understood and complied with.
The policy is based on legislation of the Liquor License Act (LLA) and Best Practices
(BP). To encourage and reinforce moderate drinking practices through the
development: of appropriate operational procedures, controls, training and education.
Town's Best Practice:
1. To honour the decision of abstainers not to drink alcohol and to encourage
their participation by providing alternative, non-alcoholic beverages.
2. To provide a balance use of alcohol through Special Occasion Permits so
that alcohol becomes a responsible part of a social function, rather than the
reason for it.
3. To provide a balance of licensed and non-licensed programs to ensure that
consumers, abstainers, adults, youth and families will be adequately serviced
and protected.
4. CONDITIONS OF THE USE OF ALCOHOL IN MUNICIPALLY OWNED
FACILITIES
Anyone who wishes to serve alcohol at a designated site must sign a facility
rental contract that stipulates the conditions under which alcohol may be
served and acknowledges the requirements. In addition, the responsible
person must obtain a Special Occasion Permit (SOP) from the Alcohol &
Gaming Commission of Ontario (AGCO). The SOP Holder must comply with the
Liquor License Act (LLA), R.S.O. 1990, Chapter L.19, the Sections and all of the
provisions of the Town of Tillsonburg M.A.P.
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SECTION #1 - MUNICIPAL FACILITIES ELIGIBLE FOR SPECIAL OCCASION
PERMIT EVENTS
TILLSONBURG COMMUNITY CENTRE
Lion's Auditorium
The Auditorium is suitable for holding Special Occasion Permit events. It is equipped with a
kitchen area including a stove, dishwasher and freezer compartments. The Auditorium holds
up to 400 guests with tables and chairs and is wheelchair accessible.
Lion's Den
The Den is suitable for holding Special Occasion Permit events. It is equipped with a kitchen
area including a stove, dishwasher, freezer compartment and separate bar area. The Den
holds up to 120 guests with tables and chairs and is wheelchair accessible.
Marwood Lounge
The Lounge is suitable for holding Special Occasion Permit events with seating for 80. This
room is ideal for meetings and small social functions.
Rotary Wing
The Rotary Wing is suitable for holding Special Occasion Permit events with seating for
approximately 40 with tables and chairs and is equipped with a small kitchen. This room is
ideal for meetings and small social functions.
Memorial Arena Floor and Tiered Seating
The Arena Floor and tiered seating is suitable for holding Special Occasion Permit events with
main floor seating for 1400. A variety of events can be held in this facility and is wheelchair
accessible with elevator. The use of Marwood Lounge is required for the purpose of main bar
when a Special Occasion Permit is approved for tiered seating area in Memorial Arena. Liquor
License Act states that applicants can now apply for public event SOP for premises with fixed
tiered seating or temporary tiered seating (ie bleachers). Conditions may be added to the
permit to address identified risks to public safety. SOP applications for tiered seating facilities
will be sent to the AGCO for review.
Senior Centre Auditorium
This facility is suitable for holding Special Occasion Permit events with seating for
approximately 120 with tables and chairs. This room is ideal for meetings and small social
functions.
LAKE LISGAR WATER PARK - Grass Area
This area within the Waterpark is suitable for holding Special Occasion Permit events
providing designated area and proper fencing are in place.
PARKS & PLAYGROUNDS
Kiwanis, Optimist, Hardball, Annandale ball diamonds, as well as, Memorial Park and
Coronation Park are suitable for outdoor Special Occasion permit functions, provided proper
approvals have been received and designated area with proper fencing provided. Designated
area will control the people coming in and out. Event Organizer will be required to provide
sanitation requirements, accessibility to the area by emergency works and access to
telephone (cell phones) for those wishing to arrange for transportation.
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TILLSONBURG SPECIAL EVENT CENTRE
Main Floor
This facility is suitable for holding Special Occasion Permit events. The 62,000 square foot
main floor will hold approximately 2000 guests with tables and chairs and is completely
wheelchair accessible.
Kitchen
This facility is suitable for holding Special Occasion Permit events. The kitchen includes a
stove, fryer and refrigeration units. This area seats approximately 70 guests and can be
utilized for a meeting room.
Board Room
This room is suitable for holding Special Occasion Permit events. It seats approximately 25
people and is an ideal location for meetings.
Inside Fenced Parking Compound
This area is suitable for holding Special Occasion Permit events, providing a designated
fenced area is utilized and proper approval from Building Department and Fire Department.
This outdoor area is ideal for tented events.
TILLSONBURG PUBLIC LIBRARY
Auditorium
This facility is suitable for holding Special Occasion Permit events. It will seat
approximately 100 and is ideal for private parties, workshops and general meetings.
ANNANDALE NATIONAL HISTORIC SITE
Meeting Room
This facility is suitable for holding Special Occasion Permit events. It will seat
approximately 60 and is ideal for private parties, workshops and general meetings.
TILLSONBURG MUNICIPAL AIRPORT
The exterior grounds at the airport is suitable for holding Special Occasion Permit events
providing a designated area and proper fencing are in place.
ALL OTHER MUNICIPALLY OWNED FACILITIES
All other municipally owned land and facilities require written approval from the Town of
Tillsonburg, Chief Administrative Officer or designate.
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SECTION #2 - MUNICIPAL PARKS & FACILITIES NOT ELIGIBLE FOR
SPECIAL OCCASION PERMIT EVENTS
• Parks and outdoors areas riot listed in policy
• Arena Dressing Rooms
• Arena Lobby
• Arena Ice Surface
• Pool Change rooms
• Exceptions: Any person wishing to hold a Special Occasion Permit event
in a location not listed in this policy must receive written approval from
Director of Community Services or designate.
AREAS DESIGNATED WHERE ALCOHOL USE IS PROHIBITED
The consumption of alcoholic beverages is prohibited in the majority of parks, gardens,
sports facilities and service facilities within the jurisdiction of the Town of Tillsonburg.
The Town of Tillsonburg has a zero tolerance policy on the consumption of
alcohol where proper permits have not been obtained. The Town may change the
designation of any site within its jurisdiction at its discretion.
SECTION # 3 - SIGNS
According to the Liquor License Act:
A. SERVICE PRACTICES:
To provide consistent and proper wording which satisfies the Alcohol & Gaming
Commission of Ontario (AGCO) requirements, the following permanent signs have been
designed and strategically posted.
1. "It is against the Liquor License Act of Ontario for licensed establishments to
serve customers to intoxication. For this reason, servers in our facilities are
required to obey the law and not serve anyone to intoxication. We are also pleased
to offer non-alcoholic beverages."
2. "In Ontario, the legal drinking age is 19 years of age. You may be asked for
proof of age. Acceptable identification is:
• Ontario Drivers License
• Canadian Passport
• Canadian Citizenship Card with photo
• Canadian Armed Forces I.D. card
• Earing Your Identification (B.Y.I.D.) card issued by the Liquor Control Board
of Ontario
• A Secure Indian Status Card issued by the Government of Canada
• A Permanent Resident Card issued by the Government of Canada
• A Photo Card issued under the Photo Card Act, 2008
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3. "No person shall sell or supply liquor or offer to sell or supply liquor from a
prescribed premise unless, the premises prominently displays a warning
sign containing the prescribed information that cautions women who are
pregnant that the consumption of alcohol during pregnancy is the cause of Fetal
Alcohol Spectrum Disorder"
B. ACCOUNTABILITY
This will inform patrons as to where to direct concerns. This will include telephone
numbers of the Event Organizer(s), local Police Department and the Alcohol & Gaming
Commission of Ontario.
RATIONAL: Having these signs visible to participants eliminates any
confusion on who to contact for information or to lodge complaints
regarding an event.
C. LAST CALL will NOT be announced".
D. RIDE SIGNS will be posted at all SOP events".
E. TICKET SALES STOP
Starting at 12:00am, only single ticket sales will be made. All ticket sales will
stop at 12:45am."
RATIONAL: Oxford O.P.P. recommends that only single ticket sales be
made at 12:00am. This will deter guests from buying multiple tickets and
possible over-consumption prior to bar closing.
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SECTION #4- CONTROLS PRIOR TO EVENT
EVENT ORGANIZERS OF MUNICIPAL FACILITIES WILL BE REQUIRED TO
UNDERSTAND THE MUNICIPAL ALCOHOL POLICY PRIOR TO RENTING
Town's Best Practice:
A. SPECIAL OCCASION PERMIT: The SOP Holder shall post the Special Occasion
Permit at the bar area clearly stating the name of the SOP Holder and the telephone
numbers for the designated contact person, secondary contact person and the Alcohol
& Gaming Commission Board of Ontario.
While the local authorities and Alcohol & Gaming Commission Inspectors are informed
of the date and place of the special occasion function, they do not always have an
opportunity to drop in and check on the operation of the event.
The SOP Holder must remain on site at all times. If, for some reason, they cannot, a
secondary name must be posted. Concerned participants will know whom to contact
immediately on the premises. This can facilitate early correction of potentially risky
situations.
B. CONTROL: In order to be eligible for a facility rental for a special occasion
function, the Event Organizer must demonstrate to the satisfaction of the Director of
Community Services or designate that there are sufficient controls in place to prevent
under age, intoxicated or rowdy people from entering the event and that the
intoxicated participants will be refused services and removed from the event.
RATIONAL: Event Organizers must understand that prevention of intoxication is
paramount. Controls must be enforced to allow for an enjoyable and safe
atmosphere for all present.
C. MUNICIPAL ALCOHOL POLICY will be available from Town Staff or designate at
the time of booking.
D. CHECKLIST FOR EVENT ORGANIZERS form and a rental contract form will be
provided by the municipality at the time of booking. These forms are to be completed
by the Event Organizer and returned to the staff person or designate at least two (2)
weeks prior to the event. Signatures from both the Event Organizer and the staff
person are required on the forms. Please see appendix "A".
E. LIST OF TRAINED PERSONS The Town will endeavor to have a list of trained
persons who have indicated that they may be available to assist at events when the
Event Organizer does not have the required SIP/Smart Serve trained personnel.
F. THE SPECIAL OCCASION PERMIT SIGNATORY must attend the event, and be
responsible for decisions regarding the actual operation of the event. If the event is
more than 2 days in length then a designate may be assigned and their name(s) must
appear on the contract. This person and all event workers must refrain from alcohol
consumption during the event, including any clean-up activities.
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SECTION #5 - CONTROLS DURING EVENT
All controls and service must be consistent with the provisions of the Alcohol & Gaming
Commission Act of Ontario and its Sections.
According to the Liquor License Act:
1. SOP Holder, Event Volunteers/Event Staff must:
Abide by all the rules of the M.A.P.
• Attend the event and be sober before and during the event, including any
clean-up activities
• Ensure that the bartenders and servers do not serve alcohol to any one
under age, intoxicated or rowdy at the event
2. Access & Control
The SOP Holder and event volunteers/event staff shall accept the following as
proof of age for alcohol purchase or consumption:
• Ontario Drivers License
• Canadian Passport
• Canadian Citizenship Card with photo
• Canadian Armed Forces I.D. card
• Bring Your Identification (B.Y.I.D.) card issued by the Liquor Control Board
of Ontario
• A Secure Indian Status Card issued by the Government of Canada
• A Permanent Resident Card issued by the Government of Canada
• A Photo Card issued under the Photo Card Act, 2008
Entry to public functions must be denied to:
• Intoxicated or unruly individuals
• Individuals carrying unsealed alcoholic beverages
• Individuals previously turned away from the event
3. Entry to the event must be monitored by responsible person(s) meeting the
age of majority requirements at all times. These person(s) shall further observe
for individuals that may be attempting to enter the premises and that appear to
be impaired or have a history of causing problems at events.
4. The SOP Holder has the right to deny entry to any individual.
5. The SOP Holder and the person renting the facility are responsible to ensure
that the event is properly supervised and will provide enough staff to fulfill this
obligation.
6. The type of identification to be worn by event workers must be stated on the
"Checklist & Security Form. See appendix "A".
7. All signs of sale and service must be cleared from the premises within 45
minutes of the end time stated on the permit. This includes the removal of all
partially consumed and empty bottles, and glasses that contained liquor.
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Town's Best Practice:
1. All day outdoor events are required to cease the sale of alcohol for a period of
one hour to allow for clean up.
2. The bar area within the premises shall be closed no later than l:00am and NO
service of alcoholic beverages will be allowed after this time.
3. Alt entertainment within the facility shall cease at l:00am.
4. The only exception to the l:00am closing time is during New Year's Eve when
bar service will cease serving at 2:00am. Event Organizers must ensure that
patrons have vacated the facility by 3:00am.
6. To assist staff and to ensure that no incidents occur on the premises, patrons
must vacate the facility by 2:00am. Exception: New Year's Eve Refer to #4.
7. Failure to comply with the above could prevent the SOP holder or
organization from further renting of any Town of Tillsonburg facility and where
appropriate, O.P.P. and Alcohol & Gaming Commission of Ontario will be advised
and charges could be laid.
8. Bartenders must be SIP/Smart Serve trained (further details in Section #6).
Event organizers are encouraged to have all event staff SIP/Smart Serve trained.
9. Leftover liquor must be removed from the premises at the end of the event.
10. The town limits number of tickets to be sold to any person at one time to 4
each. Unused tickets may be redeemed for cash at any time up until 15 minutes
after the bar closes.
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SECTION #6 - EVENT - STAFFING REQUIREMENTS
EVENT SERVERS AND MONITORS
The following! guideline sets out the ratio of event servers and monitors to event
participants. The requirements may be increased or decreased by the Director of
Community Services or designate having operational jurisdiction over the premises
depending on crowd dynamics and type of event.
Trained servers must be certified by a recognized alcohol server training course that has
been approved by the Town. These include Smart Serve and S.I.P. programs. The
sponsor shall ensure all event workers are over the age of 19 years of age. Door and
entrance monitors are encouraged to monitor the door for a minimum of 1.5 hours
following the advertised admission time and for a minimum of 1.5 hours prior to the
advertised departure time.
Self serving is prohibited and trained bar personnel are required. Sponsor and all event
workers will refrain from alcohol consumption before, during and after the event,
including any clean-up activities.
Passive, moderate, high risk and major event classifications are determined by Town of
Tillsonburg staff based on event dynamics.
Refer to Appendix C - Event Category Guideline
"Category
PASSIVE
MODERATE
HIGH
RISK/MAJOR
EVENT
Trained
Servers
**1
2
2 + 2 for
every
additional
200
participants
Door/ Entrance Monitors
The sponsor is responsible
to monitor the entrance to
the room
1 event worker at the
entrance to the room at all
times
1 event worker at every
entrance/exit to the room
Floor Monitors/ Bar Ticket
$^ ,..
The sponsor is responsible to
monitor those in attendance
1 event worker throughout the
room at all times
2 + 2 per every additional 200
participants
* Covers any public or private event
**The server requirement for passive events may be waived at the discretion of the
Director of Community Services or staff designate when an event has approximately 50
or less participants in attendance
RATIONAL: Event Staff requirements are based on 3 criteria: Attendance,
Public Event or Private Event. History has shown that these were too vague. Not
all Public Events require the same level of event staff as others. Additional event
categories were needed to determine sufficient Event Staff. These additional
considerations include:
1. Age Group & Maturity
4. Event Dynamics
7. Impact on Neighbourhood
2. Attendance
5. Invitation
8. Supervision
3. Incident History
6. Food Availability
9. Threats & Concerns
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SECTION #7 - ALCOHOL SERVICE
A. LOW ALCOHOL AND NON-ALCOHOLIC OPTIONS
Town's Best Practice:
1. The SOP Holder will ensure that 30% of the alcoholic beverages offered
consist of low alcohol options (i.e. low alcohol beer, light wine, and low
alcohol spirits). Non-alcoholic beverages must be readily available and priced
significantly below any alcoholic beverage.
2. The SOP Holder shall provide a sign, which shall be prominently posted
identifying the low alcohol and non-alcoholic beverages available at the event.
RATIONAL: Low alcohol beverages help prevent intoxication by providing
responsible consumers with an opportunity to consume less alcohol and avoid
becoming intoxicated. A patron consuming a regular beer (at 5% alcohol) would
have to drink two "extra light" beers (at 2.5% alcohol) to ingest the same amount
of alcohol. Similarly, "light" beer (at 4% alcohol) represents a 20% reduction in
alcohol intake.
3. Discounts will not be offered for volume purchase of tickets when tickets are
sold for alcoholic beverages,, The Town limits number of tickets to be sold to any
person at one time to 4 each.
RATIONAL: By limiting the number of tickets or drinks participants may
purchase at one time, the ticket sellers, monitors, bartenders and servers are
provided with more opportunities to observe participants for signs of
intoxication.
B. CONTROL OF ALCOHOL SERVICE
According to the Liquor License Act:
Practices which may encourage the immoderate consumption of alcohol are not permitted.
Contests or games involving the consumption of liquor are not permitted. (Reg. 389/91
Section 18(1) )
Liquor cannot be awarded as a prize for any game or contest. (Reg 389/91 Section 20)
Gambling: Games of chance or mixed chance and skill (i.e. poker, crown & anchor, raffles,
50/50 draws, etc) are not permitted unless the proper license has been obtained from the
province or municipality. Such licenses are only issued to eligible organizations with
charitable or religious purposes. (Section 32)
Guests cannot be required to purchase a minimum number of drinks (or drink tickets)to
enter or remain at the event, and no drink containing more than 85 ml of spirits can be
sold or served. (Reg. 389/91 Section 16 and Section 13)
RATIONAL: Table consumption can be moderated by not selling rounds of
large numbers of tickets.
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2. The following is not permitted at an SOP event, including adjacent
washrooms, liquor and food preparation areas and storage areas of under control
of the permit holder:
- Drunken individuals
- Illegal gambling
- Violet or disorderly conduct (fights, etc.)
3. No "Last Call" will be announced prior to the end of the event/sale of alcohol.
RATIONAL: Announcing, "last call", prior to end sales encourages some
patrons to purchase the maximum number of drinks allowed to prolong the
event and drinking.
4. An adequate supply of food must be available to persons attending the event.
Snacks such as chips, peanuts or popcorn are not an acceptable substitute for this
requirement.
5. There will be no self-serve events; even "Wine & Cheese" functions require a
bartender.
6. Regulation 719/90 Section 20 (4) states that a maximum of 2 standard drinks
will be served at one time.
Town's Best Practice:
1. Tickets for alcohol must be purchased from designated ticket sellers and must be
redeemed at the bar. A maximum of 4 tickets may be sold at one time.
2. Bartenders and servers are required to pour all beverages into plastic or paper
cups disposable cups at the bar. All bottles are to be kept behind the bar.
Alcoholic and Non-Alcoholic drinks are to be served in different cups. Exception:
Private events by invitation only.
RATIONAL: By following the guidelines we will reduce the risk that Event
Organizer's automatically assume when running an event. These practices are
designed to discourage heavy alcohol consumption. By pouring all beverages
into disposable cups, the chance of glass/bottle breakage is minimized.
3. Any masked events, such as Masques, New Year's Eve parties, Halloween
Parties, where masked identity of individuals are in attendance (costumed events),
must meet the following conditions:
i. Acceptable type of identification, as listed
ii. No one under the age of 19 years admitted
4. A maximum of 2 standard drinks will be served at one time.
The Standard Drink means:
Bottle of Regular Beer - 12 oz or 341 ml. (beer, cider or cooler)
Glass of Wine - 5 oz or 142 ml.
Shot of Spirits - 1 oz or 29 ml.
Fortified Wine - 3 oz or 85 ml.
5. Only single drinks will be served (no more than one shot in one glass)
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C. ADVERTISING EVENTS
According to the Liquor License Act:
SOP holder may advertise that liquor will be sold and/or served, according to the
provisions in the Alcohol & Gaming Commission application Guidelines, Section 7(2),
Reg. 389/91 regarding alcohol advertising. Reception Events cannot be advertised.
SECTION #8 - INSURANCE
LIABILITY INSURANCE: The SOP holder shall:
• Obtain a minimum of TWO MILLION ($2,000,000.00) DOLLARS liability
insurance for Passive and Moderate Risk events
• Obtain a minimum of FIVE MILLION ($5,000,000.00) DOLLARS liability
insurance for High Risk events
• Name the Town of Tillsonburg as an additional insured, providing copy to the
Town at least two weeks prior to the event
• Indemnify and save the Town of Tillsonburg harmless from all claims arising
from the permit or event.
The actual insurance limits required may be increased at the discretion of the Director
of Community Services or designate.
RATIONAL: If an individual is injured, and if the Town of Tillsonburg
were to be found "jointly and severally" liable, the Town of Tillsonburg
could end up paying part or all of the judgment should the Special
Occasion SOP permit holder be inadequately insured or uninsured.
In addition to the expense to the municipality to defend any legal action,
the municipality might have difficulty obtaining continued insurance
coverage.
SECTION # 9 - SAFE TRANSPORTATION
Town's Best Practice:
Only individuals, Event Organizer or organizations implementing a safe
transportation strategy will be permitted rental privileges of facilities for SOP
functions.
The Eivent Organizer shall identify the strategies, which will be used on the
"Checklist for Event Organizers" form. The Event Organizer shall implement
and encourage a Designated Drivers Program. This program shall be
advertised at the event so that all patrons are aware this program is available.
This program shall consist of the following:
It is suggested that the designated driver be supplied with free soft
drinks/coffee during the function. The Event Organizer shall advertise or
announce the availability of this program during and, if possible, prior to the
event.
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Advertise the use of taxi service - The Event Organizer shall advertise or
announce the availability of a taxi service to attendees of the event. If not
required to provide a taxi service, the Event Organizer shall ensure that
appropriate signage is posted at the facility which includes the telephone
number and/or use their best efforts to obtain any attendee a taxi upon
request.
RATIONAL: The risk of liability is especially high when an impaired
driver leaves an alcohol-related even. Event organizers must assume
responsibility for promoting safe transportation for all drinking
participants. Safe transportation options are essential since the only
way to sober up an impaired person is with time.
The SOP holder is responsible for promoting safe transportation options for all
the drinking participants. Examples of safe transportation options are:
- A designated driver provided by the Event Organizer; or
- A taxi paid either by the Event Organizer or the participant.
RATIONAL: The risk of liability is especially high when an impaired
driver leaves an alcohol-related event. Event organizers must assume
responsibility for promoting safe transportation for all drinking
participants. Safe transportation options are essential since the only
way to sober up an impaired person is with time.
SECTION # 10 - YOUTH ADMISSION TO ADULT EVENTS
Each rental Event Organizer will be responsible to select a strategy on allowing youth
to their event. In all cases, the following guidelines must be adhered to:
According to the Liquor License Act:
Anyone who appears to be under the age of 25 years will be required to show
I.D. before they are allowed into the event/facility.
Individuals under the age of majority will not be allowed to consume alcohol
beverages. Anyone serving individuals under the age of majority will be
required to leave the event.
Town's Best Practice:
Two (2) extra floor monitors will be required if persons under the age of
majority are allowed to enter Public events.
It is suggested that for events allowing individuals under the age of majority
and with over 250 patrons will be required to identify those persons over the
age of majority. Event Organizers may choose either stamps or wristbands to
identify persons over the age of majority.
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SECTION # 11 - SECURITY REQUIREMENTS AT SPECIFIC EVENTS
The following requires paid duty police officers or licensed and bonded Security
Company (in uniform):
"CATEGORY
PASSIVE
MODERATE
HIGH RISK/MAJOR EVENT
# OF SECURITY PERSONNEL
1**
22***
* Covers any public or private event
**Security requirement for passive events may be waived at the discretion of the
Director of Community Services or designate.
*** Security requirement for High Risk/Major Event may be increased at the
discretion of the Director of Community Services or designate.
According to the Liquor License Act:
The SOP holder must provide security sufficient to ensure that unauthorized
persons do not attend the event and to ensure that the conditions of the permit
and requirements of the Liquor License Act are observed. In order to determine
whether security is sufficient, the permit holder shall consider:
a) The nature of the event;
b) The size of the premises; and
c) The age and number of persons attending the event.
Town's Best Practice
Security must have access or provide a communication link on site to summon
emergency services.
Security is not to be involved in serving of alcoholic beverages nor may assist in
any way in the liquor operation of the event.
The purpose of security is to:
- Challenge;
-Warn;
- Report anyone having alcohol outside of the area covered by the license
Full payment of off-duty police officers or licensed and bonded security company is the
sole responsibility of the Event Organizer. Time Period required is 9:00pm - 2:00am.
Exception: Tiered Seating Events during hockey tournaments, games, carnivals where
specific times will vary, the duration of security will be determined by staff.
The Town ofTillsonburg reserves the right to approve or disapprove of licensed and
bonded private security companies. Each event will be reviewed on its own merit. If
the Event Organizer demonstrates the need for less security at their event, the required
number of officers may be reduced or waived at the discretion of the Director of
Community Services or designate. However, public safety for the patrons of the event
will be paramount.
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RATIONAL: Security requirements vary depending on category of event.
Dances designed for those over 25 years of age or seniors will differ from
those dances geared towards those 25 years and under. Events that have
attendance exceeding 300 will require additional security over those
events with less than 300. Events that are by invitation only versus
general admittance will impact security requirements.
The overall event dynamics must be considered before security requirements can
be imposed. Additional considerations include:
Age Group & Maturity
Event Dynamics
Impact on Neighbourhood
Attendance
Invitation
Supervision
Incident History
Food Availability
Threats & Concerns
Each of the above nine considerations is valued and checked off accordingly. Majority
dictates category of risk and how the requirements of event staff/security are reached.
OUTDOOR EVENTS/FESTIVALS
According to the Liquor License Act:
Outdoor events are those which take place outdoors or in a temporary
structure, such as a tent or marquee. The outdoor area must be clearly
defined and separated from unlicensed areas by a minimum 36" high partition.
Festivals and events can define an area larger than outside beer tents where
people can walk around freely with drinks. Local communities are free to
customize the events to their needs.
AGCO may be involved to discuss public safety issues with the permit holder.
Notification must be made to local municipality, including clerk, police, fire and
health department and AGCO 30 days notice for events where fewer than
5,000 people attend and 60 days notice for events where 5,000 or more people
attend.
If a SOP has been issued for an outdoor event that has both licensed areas
(bars, restaurants) and areas to which the SOP applies (ie. Street on which the
event occurs), patrons can move freely between these areas with a single
serving of alcohol, under certain conditions and where permission has been
granted by the AGCO.
Town's Best Practice:
The Town of Tillsonburg Fire Chief and Building Official will determine maximum
capacity for outside tents based on exits and floor area.
For potential problem rentals, the Town reserves the right to require the
presence of minimally two (2) paid duty police officers or Licensed and bonded
Security Company for the duration of an event. Number of security will be
based on Section 11 and Appendix C of this M.A.P. This cost will be borne by
the Event Organizer or individual. The Town also reserves the right to refuse
the issuance of a facility rental permit at their sole discretion.
G: Community Centre/2011 MAP Update Page 18
248
STAFF REPORT FINANCE
Title: 2015 County Tax Policy
Report No.: FIN 15-13
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council/Committee Date: MARCH 23, 2015
Attachments: CS 2015-10 2015 TAX POLICY
RECOMMENDATION
THAT Council receives report FIN 15-13 2015 County Tax Policy as
information.
EXECUTIVE SUMMARY
To provide the 2015 County tax policy report to Council as information.
BACKGROUND
The annual County tax policy report is attached for Council information. The County is
responsible to set the tax ratios, the tax capping program, use of optional tax policy tools, use of phase-in programs, and other tax policies as outlined in the County Treasurer’s
report that impact area municipalities. The treasurers throughout the County have
reviewed the various tax policies and tools and have recommended no changes/a
consistent approach for 2015. The only possible consideration for a reduction in 2016 is
the multi-residential threshold of 2.74.
FINANCIAL IMPACT/FUNDING SOURCE
N/A.
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To: Warden and Members of County Council
From: Director of Corporate Services
2015 Tax Policy
RECOMMENDATIONS
1. That consideration of the following by-laws be given at the Council meeting
scheduled for April 8, 2015:
a. By-law to Set Tax Ratios;
b. By-law to Set Tax Rate Reductions for Prescribed Property Subclasses;
c. By-law to Establish and Levy Tax Rates for Upper Tier Purposes;
d. By-law to Establish Capping Calculation Options;
e. By-law to Set a Lower Limit for Applying Tax to New Construction
Properties;
2. And further, that Council reaffirms the policy previously established by the
following by-laws:
a. By-law No. 4285-2003, being a by-law to provide a Financial Hardship
Program; and
b. By-law No. 5263-2011, being a by-law to establish a tax rebate program for
the purpose of providing relief from taxes or amounts paid on account of
taxes on eligible property occupied by eligible charities and similar
organizations;
3. And further, that Council directs staff to prepare further analysis and report the
impacts of reducing the multi-residential tax ratio in future years’ tax policy.
REPORT HIGHLIGHTS
This marks year three of the four-year assessment phase-in program which started in 2013
resulting in more predictable assessment changes within property classes and between tax
classes.
Only 14 properties protected by capping by employing all available capping tools to tax
properties at their full current value assessment – down from 19 properties in 2014.
All tax policy decisions to be considered by Council contained within this report are
recommendations of the Area Municipal Treasurers, Tax Collectors and County Treasurer.
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Financial Impact
Implications of the 2015 pro forma capping results in a shortfall of $1,041 due to a multi-
residential property that is vacant and protected by capping with no other properties having
room for clawback.
The Treasurer has reviewed this report and agrees with the financial impact information.
Risks/Implications
There are no risks or implications that will result by adopting the recommendations contained
within this report.
Strategic Plan
County Council adopted the County of Oxford Strategic Plan at its regular meeting held March
27, 2013. The initiative contained within this report supports the Values and Strategic Directions
as set out in the Strategic Plan as it pertains to the following Strategic Directions:
3. iii. A County that Thinks Ahead and Wisely Shapes the Future - Apply social, financial and
environmental sustainability lenses to significant decisions by assessing options in regard to:
- Life cycle costs and benefit/costs, including debt, tax and reserve levels and implications
DISCUSSION
Background
County Council is required, on an annual basis, to establish tax policy that will affect the
apportionment of the tax burden both within and between tax classes, and among area
municipalities. In setting these policies the following relationships need to be considered:
1. Effect of tax ratios on the distribution of the tax burden between tax classes, and “levy
restriction” provisions;
2. Impact of the mandatory “tax capping” program on both the capped and uncapped classes
including the implications of applying optional capping parameters, increase limits and
exclusion options;
3. Implications of use or discontinuation of other optional tax policy tools i.e. optional tax
classes and graduated taxation;
4. Need for phase-in programs to offset the effects of changes in taxation; and/or
5. Changes to existing tax policies affecting taxation on vacant property or land and farmland
awaiting development, and programs that provide relief for charitable organizations, and
low-income seniors and persons with disabilities.
Many of the tax policy decisions are required to be enacted by by-law on an annual basis to
recognize the importance of the responsibility and the impacts of the decisions that fluctuate
from year to year due to changes in assessment and the economic environment.
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Options for capping taxes payable by the business tax class are of particular interest due to the
range of options that are available. In summary, the tax tools introduced in 2005 that continue to
be available for consideration as part of the County’s 2015 tax policy include:
1. Set the cap of the previous year’s annualized taxes at between 5 and 10 percent for
each of the affected property classes, otherwise fixed at 5 percent.
2. Allow for increases of up to 5 percent of the previous year’s full current value
assessment (CVA) tax for a property.
3. Establish dollar thresholds for both increasing and decreasing properties of up to $250.
This would allow for properties with small changes to be moved directly to their full CVA
tax responsibility and effectively removed from the capping calculation.
4. Allow for a minimum level of taxation for New to Class and New Construction properties.
Any of these options can be used on their own, or in combination, and may be applied
differently to each capped class. The 10% of annualized capping tax limit, combined with the
5% of CVA tax rule and the $250 billing adjustment threshold (for increases, decreases or both)
was employed by the majority of municipalities in the Province in 2005 through to 2008. This
clearly demonstrates a province-wide desire to move toward CVA tax with similar properties
eventually paying similar tax. In addition, use of these tools will result in fewer tax bills issued
with capping adjustments, less complexity and increased transparency in property tax bills.
As a result of popular adoption of many of the tools described above that are designed to
accelerate properties toward their full CVA tax liability, beginning in 2009 the Province granted
municipalities further autonomy over their capping programs by introducing the following new
optional tools:
5. Exclude properties from the capping program if their final capped taxes for the previous
year were equivalent to its CVA taxes for that year;
6. Exclude properties from the current year’s capping program if they move from a position
of being capped in one taxation year to being subject to claw-back in the current year;
7. Exclude properties from the current year’s capping program if they move from a position
of being clawed back in one taxation year to being subject to capping in the current year;
and/or
8. Tax ratio flexibility to limit the impact of reassessment.
These options may be used on their own, or in any combination.
Comments
The following tables list the tax policy decisions to be considered by Council along with
recommendations of the Area Municipal Treasurers, Tax Collectors, County Treasurer and
supplementary information provided by MTE.
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Table 1 - Optional Classes of Property – decision required before tax ratios and rates are set
Decision Points Recommendation
1. New multi-residential Not recommended
2. Office buildings Not recommended
3. Shopping centres Not recommended
4. Parking lots Not recommended
5. Large industrial Notwithstanding the fact that Council has effectively eliminated
the class by setting the ratio to be equivalent to the residual
industrial class, it is recommended to retain the class
Considerations - the greatest advantage of adopting optional classes was in 1998, when the
Provincial transition ratios showed the most tax burden differentiation between classes. There
is no longer a legislated deadline for creating or collapsing an optional tax class, however the
decision must be made before 2015 tax ratios and rates are set. Furthermore, if consideration
is being given, the Ministry of Finance would need to be consulted regarding the respective
transition ratios. This would be necessary to determine the effect of any new class.
The adoption of a new multi-residential class allows for newly constructed or converted multi-
residential properties to be taxed at a rate between the residual multi-residential tax rate and the
residential tax rate for a period of 35 years. The new class does not impact the tax ratio or tax
treatment of properties in the residual multi-residential class but will apply to all new multi-
residential properties for 35 years even if Council passes a by-law to discontinue the class for
subsequent years.
Table 2 - Tax Rate Discounts – by-law to establish policy to reduce the tax burden on vacant
commercial and industrial land and farmland awaiting development. Should be established
before, or in conjunction with, ratio and rate by-laws.
Decision Points Legislated Default Recommendation
1. Farmland Awaiting Development
Subclass 1
25% - 75% 55% (no change)
2. Farmland Awaiting Development
Subclass 2
0% - 75% 55% (no change)
3. Commercial Vacant/Excess Land 30% 30% (no change)
4. Industrial Vacant/Excess Land 35% 35% (no change)
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Considerations – may establish a uniform reduction factor for both commercial and industrial
anywhere between 30% and 35%. Farmland awaiting development can have a reduced rate
adjusted by 10% up or down in any given year, provided that the reduction remains between
25% to 75% for the first subclass and between 0% and 75% for the second subclass.
Table 3 - Maximum Tax Protection Mechanism – Increases in taxation for properties in the
commercial, industrial and multi-residential classes are limited by the mandatory capping limits.
The cost of providing this protection may be funded in one of the following ways.
By-law required: no deadline
Decision Points – Funding Options Recommendation
1. Recover costs within the same tax class (claw-back) from decreasing
properties
Recommended
2. Recover costs from other classes via the general levy, subject to levy
restrictions (hard-capping provisions)
Not
recommended
3. Employ other sources of funding, such as reserves Not
recommended
4. Any combination of the preceding Not
recommended
Considerations - In the case where the amount available for claw-back within the same tax class
does not fully fund the cost of capping protection, a second source of funding must be provided.
Although there is no deadline regulated for the passing of a cost recovery by-law, historically the
by-law has been passed in July of the taxation year once the effects of capping have been
calculated and immediately prior to the final billing. If Council wished to consider an alternative
method of funding the cost of capping, such as through the general levy, then advance notice
would be beneficial to avoid having to recalculate the tax liability for decreasing properties
affected by claw-backs.
In the case of Oxford County, there is a vacant multi-residential property whose value has
increased significantly due to a change in MPAC’s method of valuation - now based on market
rent as opposed to the income based approach to valuation. This creates a situation where the
property is subject to benefit from capping, however, claw-backs from other properties left in the
class have been exhausted causing a shortfall of $1,041 ($1,319 – 2014), a portion of which
relates to education tax as it is not reduced by capping. Due to the insignificance of the amount
of the shortfall, there is no recommended action for funding as it will be covered by
supplementary taxes generated over the course of the year.
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Table 4 - Tax Ratios – By-law required by December 31st (formerly April 30th) – recommended to
have a by-law in place prior to taxes being billed
Decision Points – Funding Options Recommendation
1. Adopt previous year’s actual tax ratios Recommended
2. Class neutral transition ratios to mitigate inter-class
shifts that would otherwise occur due to reassessment
Not recommended
3. Flow through a rate increase of less than or equal to a
maximum of 50% of the rate increase to the residential
class to levy-restricted (hard-capped classes)
Not a consideration this year since
there are no property classes subject
to the hard cap restrictions
4. Move Class Tax Ratios that exceed the Ranges of
Fairness closer towards them; this will shift a larger
share of the tax burden onto residential ratepayers
No change recommended for 2015 –
to conduct analysis in 2015 to
determine if a reduction should be
introduced in future years
5. Establish Class Tax Ratios anywhere within the
Ranges of Fairness
Not recommended
6. Reduce Farm Class Tax Ratio below 25% Not recommended
Considerations – Tax ratios may be moved closer to the range of fairness if the ratio is currently
not within that range and in the absence of a special regulation by the Minister of Finance. For
the County, that means that the ratios can only be decreased toward the range of fairness,
which will result in additional permanent tax burden to other classes such as the residential
class. Table 4.1 – “Tax Ratio Summary” illustrates the County’s 2014 starting tax ratios
compared to the range of fairness regulated by the Province.
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Table 4.1 - Tax Ratio Summary
Realty Tax Class County
Ratio
Range of Fairness Threshold Ratios
Lower
Limit
Upper Limit Threshold Subject to Levy
Restriction
Residential 1.00000 1.00 1.00 - N/A
Farm 0.250000 0.00 0.25 - N/A
Managed Forest 0.250000 0.25 0.25 - N/A
Pipeline 1.259300 0.60 0.70 - N/A
Multi-Residential 2.740000 1.00 1.10 2.74 No
Commercial 1.901800 0.60 1.10 1.98 No
Industrial – including
Large Industrial 2.630000 0.60 1.10 2.63 No
The tax ratio for the residential class is legislated at 1.0, while the farm and managed forest
classes have a prescribed tax ratio of 0.25. Municipalities have the flexibility to set a tax ratio
for the farm class below 0.25, however, this reduction would only apply to the municipal portion
of the tax bill.
In 2012, County Council received Report No. A-3 2012-08, titled “Multi-Residential Tax Ratio
Review”. The report was requested by Council in response to receiving comparative data
compiled by MTE as part of the 2011 tax policy review, titled “Municipal Tax Ratio, Tax Rate
and 2010 Phased Assessment Growth Survey”. The Staff Report identified potential impacts of
various tax ratio reduction plans for the existing multi-residential ratio and adopting a new multi-
residential property class. In response, Council decided to maintain the current multi-residential
ratio of 2.74. As 2015 marks the first tax policy year of a new term of Council, the analytical
review conducted in 2012 could be updated and presented for to Council for consideration of
reduction of the multi-residential ratio in future years.
The tax impacts of reducing all tax ratios by 5% would create an additional tax burden for
residential properties of approximately $509,000. Alternatively, to reduce all tax ratios to the
upper limit of the range of fairness would increase residential properties tax liability by $5.9
million. These estimates are in respect of the County levy only; further impacts would result for
area municipal tax purposes.
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Tax Rates – By-law required by December 31st (formerly April 30th) – recommended to have a
by-law in place prior to taxes being billed
Prior to calculating tax rates, the following decision needs to be made:
Table 5 - Graduated Tax Rates (Banding) – By-law required by December 31st, however,
decision must be made before tax ratios and rates can be ratified
Decision Points Recommendation
1. Two bands and thresholds for each band Not recommended
2. Three bands and thresholds for each band Not recommended
Considerations – typically used so that properties with higher assessments within the class are
taxed at a higher rate than properties with lower assessments. Not commonly used since it
disregards the correlation between the assessed value of the property and the size, or
businesses’ ability to pay. In addition, it tends to create tax advantages and disadvantages on a
per-property basis.
Table 6 - Capping Calculation Options – By-law required by December 31st (formerly April 30th)
– recommended to have a by-law in place prior to taxes being billed
Decision Points Recommendation
1. Increase of Year-Over-Year Limit - increase the limit on year-over-
year reassessment related tax increases for commercial, industrial
and multi-residential properties from 5% of the previous year’s
annualized tax to a maximum of 10%
Recommended –
10% of previous
year’s annualized
capped tax
2. 5% Limit Based on CVA Tax - set the maximum year-over-year
reassessment related increase for capped class properties to the
greater of that calculated based on the previous year’s actual
annualized tax or up to 5% of the previous year’s annualized CVA tax
Recommended
3. Dollar Threshold on Capping Related Adjustments – set a
threshold for capping and claw-back adjustments of up to $250
resulting in any properties within the set dollar amount (up to $250) in
relation to their CVA tax, will pay the full CVA tax liability
Recommended
4. Exclusion at CVA Tax – excludes properties from the capping
program if their final capped taxes for the previous year were
equivalent to their CVA taxes for that year
Recommended
5. Cross-Over Exclusion – excludes properties that cross-over from
being capped in one taxation year to being subject to claw-back in the
current year, or vice-versa
Recommended
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Pro Forma Capping1
The pro forma capping models that have been produced by MTE and presented in Table 6.1 are
intended to provide an understanding as to how the overall capping policy will affect each
eligible property class this year.
The 2015 pro forma models have been prepared on the following basis:
1. 2014 (final) capped tax figures are used as the “previous year’s base taxes”;
2. 2015 CVA taxes are determined by applying revenue neutral tax rates for municipal
purposes and 2015 education tax rates against the 2015 phased CVA for each property
as contained on MPAC’s MCP file; and
3. Overall levy change is set at zero, as revenue neutral tax rates are used.
The insight gained from this exercise is extremely valuable for the following reasons:
1. The County can assess the feasibility and affordability of the three available funding
options: (i) within class recovery (claw-back), (ii) foregone revenue, or (iii) a hybrid of
these other two;
2. The municipality may determine whether the cost of capping has decreased to the point
where the foregone revenue could be absorbed in the municipal budget and full CVA tax
decreases can be passed on to taxpayers;
3. “Shortfalls” or funding deficits within any capped class can be detected and each of the
optional tools’ ability to mitigate any such shortfall evaluated; and
4. Where preliminary results indicate undesirable, or less than ideal outcomes could
materialize as part of the actual 2015 capping campaign, this “early warning” allows for
the exploration and modeling of alternative options and/or cost recovery strategies.
Inter-Municipal Capping Dynamics2
Municipalities within a two-tier structure should also consider the geographic effects of capping
by documenting the distribution of capping adjustments across the county; these are illustrated
in the Banking Summary contained in Table 6.2. The table sets out the net capping
adjustments for 2015 by area municipality based on the status quo regime (net capping
protection shown as negative, net claw-back funding as positive).
Table 6.1 – Pro Forma Capping Results – model based on “status quo” capping policy
Capping Policy Multi-
Residential
Commercial Industrial
Annualized Tax Limit 10.00% 10.00% 10.00%
Prior Year CVA Tax Limit 5.00% 5.00% 5.00%
CVA Tax Threshold – Increasers $250 $250 $250
1 Municipal Tax Equity (MTE) Consultants Inc., 2015 Status Quo Proforma Cap, February 27, 2015 2 Ibid
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Capping Policy Multi-
Residential
Commercial Industrial
CVA Tax Threshold – Decreasers $250 $250 $250
At CVA Tax Exclusion Option Yes Yes Yes
Cross CVA Tax Exclusion – Clawback to Cap Yes Yes Yes
Cross CVA Tax Exclusion – Cap to Clawback Yes Yes Yes
Multi-Residential Commercial Industrial
2014
Actual
2015 Pro
Forma
2014
Actual
2015 Pro
Forma
2014
Actual
2015 Pro
Forma
Cost of
Capping
Protection
$2,436 $2,466 $13,321 $9,220 $25,689 $21,014
Decrease
Retained 0.00% 0.00% 81.07% 89.09% 88.15% 79.10%
Decreased
Clawback 100.00% 100.00% 18.93% 10.91% 11.85% 20.90%
Net Class
Impact -$1,319 -$1,041 $0.00 $0.00 $0.00 $0.00
Multi-Residential Commercial Industrial
2014
Actual
2015 Pro
Forma
2014
Actual
2015 Pro
Forma
2014
Actual
2015 Pro
Forma
# of Properties
at CVA 138 137 2,121 2,151 372 376
# of Properties
Clawed back 1 1 17 13 31 27
# of Properties
Protected
(Capped)
1 1 11 9 7 4
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Table 6.2 – Pro Forma Capping Banking Results – model based Table 6.1 capping parameters
Local Municipality Multi-
Residential
Commercial Industrial Total
Blandford-Blenheim $1,425 -$3,188 -$17,896 -$19,659
East Zorra-Tavistock -$2,4661 -$127 $1,037 -$1,556
Ingersoll $0 $910 $3,108 $4,018
Norwich $0 $0 $561 $561
South-West Oxford $0 -$2,910 -$2,638 -$5,548
Tillsonburg $0 $6,326 $3,360 $9,686
Woodstock $0 $34 $10,716 $10,750
Zorra $0 -$1,045 $1,752 $707
Net Capping Adjustment -$1,041 $0 $0 -$1,041
1 This figure relates to a vacant property due to a change in valuation adopted by MPAC from
the income method of valuation which reflected the income generated by the property to a
market rent approach which uses average market rents to value the property.
Utilizing all of the available capping tools that have been employed by the County in the past
has the effect of bringing actual taxes on capped properties closer to CVA tax levels and
increases the reductions being provided to those properties currently funding the cost of
capping. However, there could also be major shifts in tax burdens, significantly different claw-
back rates as well as other unintended consequences. It suffices to say that tax policy options
need to be carefully analyzed to ensure that they provide appropriate tax protection while also
meeting municipal goals and objectives for current and future years. The decision to use any of
the capping tools is also a philosophical decision. If it is Council’s desire to accelerate the
movement toward taxation based on CVA and to limit the cost of capping for decreasing
properties, then these tools should be considered. However, if it is Council’s desire to devise a
tax model that provides maximum tax protection to select properties in the capped classes then
these tools should be avoided.
In analyzing the pro forma capping results illustrated in Table 6.1 the number of properties that
would be taxed at full CVA tax significantly decreases, particularly in the commercial property
class – decreasing from 17 in 2014 to 13 in 2015. Overall the number of properties protected by
capping in 2015 will be 14 as opposed to 19 in 2014. Similarly, the number of industrial
properties that would be taxed at their CVA tax would increase by 4 leaving 4 properties
protected by capping.
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By continuing to utilize all available capping tools as recommended in this report, the number of
properties taxed at full CVA tax in 2015 will increase while the number of properties
experiencing claw-back will decline. This direction is in keeping with a resolution passed by
County Council at their June 13, 2012 meeting that was circulated to the Area Municipalities in
Oxford County; the Premier; Minister of Finance; Minister of Municipal Affairs and Housing;
MPP of Oxford; President, Association of Municipalities of Ontario; Assistant Deputy Minister –
Provincial Local Finance Division, MMAH; and Assistant Deputy Minister – Local Government
and Planning Policy Division, MMAH. The resolution was seeking provincial regulatory authority
for municipalities to opt out of business class tax capping. Support of the proposed policy
change was recirculated in 2014 to the appropriate Provincial Ministries as directed by Council
resolution at their meeting held January 8, 2014.
Lower Limit for New Construction Properties – By-law required by December 31st
Decision Points Recommendation
1. Tax rates for new construction properties are set at
the average level of the comparable properties
supplied by MPAC
Not recommended
2. Set a lower limit of up to 100% for starting tax levels
for new construction properties that become eligible
within the 2013 taxation year
Recommended – this option has
been exercised to the maximum
threshold in since 2005 when first
became available
Considerations – Under the “new construction” program, qualifying properties may receive tax
relief reducing their tax liability, which increases tax protection costs for other properties. Where
the tax level determined by the comparable properties is in excess of that lower limit, the higher
level applies up to a maximum of 100%. Beginning in 2005, municipalities were given the
option of gradually increasing the lower limit to move new construction properties toward full
CVA taxation as follows:
2005 – 70% minimum tax level
2006 – 80% minimum tax level
2007 – 90% minimum tax level
2008 – 100% minimum tax level
This option must be reconfirmed each year by by-law and the municipality may adopt the
maximum level in any year, regardless of the policy adopted for the previous year.
Other Policies
The following policies have been adopted by Council in the past and, although legislation does
not require ratification or reconsideration on an annual basis, the by-laws were amended in
2003 to reference the appropriate sections of the Municipal Act, 2001. They are attached for
information.
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Financial Hardship Program (formerly Tax Relief for Low Income Seniors/Low Income
Disabled Persons) – By-law No. 4285-2003, being a by-law that provides for deferral of
the annual eligible amount for eligible property. Amounts deferred under this program
for 1998 through 2000 tax years are subject to the accrual of interest until the property is
sold, or otherwise transferred, or taxes paid. Interest may not be applied to amounts
deferred in respect of any subsequent year. See Attachment No. 1.
Tax Rebates to Eligible Charities and Similar Organizations – By-law No. 5263-2011
being a by-law that establishes a tax rebate program for the purposes of providing relief
from taxes or amounts paid on taxes on eligible property owned by eligible charities and
similar organizations including properties used and occupied by Veterans. See
Attachment No. 2.
The Area Municipal Treasurers have reviewed the list of properties contained in
Appendix “A” to By-law No. 5263-2011 and have confirmed it to be a complete list of
properties within the County that are used by Veterans. The list of properties is as
follows:
Oxford County Naval Veterans Association
Royal Canadian Legion Branch 495 - Beachville
Royal Canadian Legion Branch 55 - Woodstock
Royal Canadian Legion Branch 518 - Tavistock
Royal Canadian Legion Branch 119 - Ingersoll
Royal Canadian Legion Branch 190 - Norwich
Royal Canadian Legion Branch 557 - Thamesford
Royal Canadian Legion Branch 318 - Embro
Royal Canadian Legion Branch 153 - Tillsonburg
Education Tax Rates
In 2007, the Ministry of Finance announced an education tax reduction plan as part of the 2007
Provincial budget. The plan entailed reducing business education tax by 2% of the amount that
exceeds 1.6% each year until the rate reaches the maximum of 1.6% by the taxation year 2014.
Subsequently, in response to reassessment in 2009, the Province reset the residential
education tax rates to offset the average reassessment change in residential assessed values
across the province. As a result, they set the ceiling rate at 1.22% for 2014. The intent was to
ensure that, on average, homeowners would not see an increase in the education portion of
their property tax bills.
As of the date this report was published, the Ministry of Finance had not announced the 2015
residential education tax rate. The previous government had employed a business education tax
(BET) reduction and the related phase-in plan. An update will be provided to Council once the
Ministry announces the 2015 education rates. The following reflect BET rate updates that were
published for 2014:
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Business Property Class Business Education
Tax
Commercial 1.460000%
Industrial 1.560000%
Commercial - new construction 1.220000%
Industrial - new construction 1.220000%
Pipeline 1.066920%
Further, the Province announced that all “new construction” – building permits issued after
March 22, 2007, would be subject to a maximum business education tax rate equal to the
Provincial “target” rate for each taxation year.
Conclusions
In conclusion, this report is provided for information and it is expected that Council will consider
the decision points contained within the report over the next few weeks, possibly in consultation
with their Area Municipal Treasurer, and provide direction to staff at the following meeting
scheduled for March 25, 2015. Any direction from Council in respect of the tax policy options
presented in this report, received at this meeting, or the meeting scheduled for March 25th, will
allow staff to prepare the appropriate by-laws for consideration on April 8, 2015.
Considering the significance of the variance between the County’s multi-residential ratio and
that of its municipal peers, the County Treasurers are prepared to update the 2012 analytical
review including impacts on the residential property class to allow the new term of Council to
determine if there is a propensity to change, to incent development and the generation of new
assessment as opposed to converting existing assessment.
SIGNATURE
Departmental Approval:
Original signed by
Lynn S. Buchner, CPA, CGA
Director of Corporate Services
Approved for submission:
Original signed by
Peter M. Crockett, P.Eng.
Chief Administrative Officer
263
Report No: CS 2015-10
CORPORATE SERVICES
Council Date: March 11, 2015
Page 15 of 15
ATTACHMENTS
Attachment No. 1 - By-law No. 4285-2003 - Financial Hardship Program (formerly Tax Relief for
Low Income Seniors/Low Income Disabled Persons)
Attachment No. 2 - By-law No. 5263-2011 - Tax Rebates to Eligible Charities and Similar
Organizations
264
THE CORPORATION OF THE COUNTY OF OXFORD
BY-LAW NO.4285 -2003
BEING a by-law to provide tax deferrals for the purposes of relieving Financial
Hardship.
WHEREAS the Corporation of the County of Oxford is required to have a tax relief
program of deferrals or cancellation or other relief to relieve financial hardship in
respect of property that is in both the residential property class for property owners who
are,or whose spouses or same-sex partners are,low income seniors or low-income
persons with disabilities,pursuant to s.31 9.of the Municipal Act,2001,S.O.2001,as
amended (hereinafter referred to as the "Act");
NOW THEREFORE,THE COUNCIL OF THE CORPORATION OF THE COUNTY OF
OXFORD ENACTS AS FOLLOWS:
1.In this by-law:
a)"eligible person"means:
i)a low-income person with disabilities who owns eligible property as
defined in this By-Law;
ii)a low-income senior who owns eligible property as defined in this
By-Law;
iii)the spouse or same-sex partner of either i)or ii)who owns eligible
property as defined in this By-Law;
b)"eligible property"means residential property in the County of OXford
including condominiums that is the principal residence of the owner as
defined in the Income Tax Act (Canada)but does not include
condominium units forming part of or associated with a tourist commercial
establishment;
c)"low-income person with disabilities"means a person who is in receipt of
assistance paid under the Ontario Disability Support Program Act,1997 or
is in receipt of a disability amount paid under the Family Benefits Act
(Ontario);
d)"low-income seniors"means a person who is at least 65 years of age or
older and in receipt of payments under under the Guaranteed Income
Supplement (GIS),as established under Part II of the Old Age Security
Act (Canada),as amended;
e}"Corporation"means each of the individual area municipalities within the
County of Oxford;
f)"Treasurer"means the treasurer of a lower-tier municipality or a person
delegated the Treasurer's powers and duties under s.286(5)of the Act;
GENERAL ADMISSION
2.a)The administration of the tax deferral program established by this By-Law
is hereby delegated to the lower-tier municipalities.
(b)Applications made under this By-Law shall be made to the Treasurer of
the lower-tier municipality in which the eligible property is located.
Report No. CS 2015-10
Attachment No. 1
Page 1 of 5265
THE CORPORATION OF THE COUNTY OF OXFORD
BY-LAW NO.4285 -2003
c)Applications shall include supporting documentation to establish the
eligibility of the person seeking the deferral.
d)Applications shall include an authorization signed by the applicant
authorizing third parties to release to the Treasurer all information the
Treasurer may require to verify the accuracy of the information submitted
by the applicant.
APPLICATION FOR DEFERRAL
3.a)An eligible person may make application to the Treasurer during a
taxation year for the deferral of a property tax increase in the taxation year
on eligible property.
b)An application to determine eligibility for a deferral shall be in a form as
set out in Schedule "A"hereto and forming part of this By-Law.
EVALUATION OF APPLICATION FOR DEFERRAL
4.a)The Treasurer shall review each application for deferral and determine if
the applicant and the property are eligible for a tax increase deferral under
this By-Law.
b)The Treasurer may,at any time,request the applicant to provide such
additional information and documentation as the Treasurer may require in
order to evaluate the application.
c)An application for tax increase deferral will not be processed if any
required information is not provided.
d)The determination of the Treasurer as to the eligibility of the applicant and
the eligibility of the property shall be final.
GRANT OF TAX DEFERRAL
5.a)Where the Treasurer has determined that an applicant and the property
meet the requirements of this By-Law then tax relief in the form of a tax
increase deferral in respect of the property shall be granted.
b)The tax increase amount deferred shall be deferred until the eligible
property is sold,at which time any deferred amounts together with
accumulated interest thereon shall become a debt payable to the
Municipality and the lower-tier municipality in which the eligible property is
located.
c)Where an applicant,or the applicant's spouse or same-sex partner,each
own what would otherwise be eligible properties pursuant to this By-Law,
the tax increase deferral granted under this By-Law shall be limited to one
of the otherwise eligible properties.The applicant,or the applicant's
spouse or same-sex partner shall elect which of their otherwise eligible
properties shall receive the tax increase deferral and such election shall
not be changed without the consent of the Treasurer.
d)If,at any time,a person eligible for relief under this By-law that has been
granted a tax increase deferral under this By-Law,ceases to be an eligible
person,all tax relief ceases and all deferred tax amounts together with
Report No. CS 2015-10
Attachment No. 1
Page 2 of 5266
THE CORPORATION OF THE COUNTY OF OXFORD
BY-LAW NO.4285 -2003
accumulated interest become a debt payable to the Municipality and the
lower-tier municipality in which the eligible property is located.
e)Tax relief granted pursuant to this By-Law for any taxation year shall be
limited to one (1)single family dwelling per owner.
f)Where a deferred amount becomes payable under this By-Law,and the
amounts due are not immediately repaid,such outstanding amount shall
be subject to interest and penalties in accordance with the applicable tax
collection by-laws.
LIEN UPON LANDS
6.The amount of tax relief in the form of tax deferral granted pursuant to this By-
Law shall be a lien upon the eligible property in accordance with the provisions of
s.319 (13)and s.349 of the Act.
INTEGRITY PROVISIONS
7.Every person who,pursuant to this By-Law:
a)Files a fraudulent application;or
b)Fails to fully disclose their financial circumstances in support of an
application;or
c)Fails to notify the Treasurer of a change in financial circumstances as
required herein;
is guilty of an offence and is liable to prosecution and on summary conviction is
liable to a fine not exceeding $5,000.
GENERAL
8.Nothing in this By-Law derogates from any tax deferral or other relief granted
under any predecessor to this By-Law,or from any tax lien arising under any
predecessor to this By-Law.
9.This By-Law shall come into force and take effect on January 1,2003.By-Law
No.3793-98 and amended By-Law 3813-98 is hereby repealed.
READ a first and second time this
READ a third time and finally passed this
23rd day of April,2003.
23rd day of April,2003.
~q...Q vvoMQ~
DAVI W,OLlPHA.NT,.WARDEN..-.
Report No. CS 2015-10
Attachment No. 1
Page 3 of 5267
THE CORPORATION OF THE COUNTY OF OXFORD
BY-LAW 4285-2003
SCHEDULE "A"
APPLICATION FOR TAX DEFERRAL FOR RELIEVING FINANCIAL HARDSHIP
Tax Year being applied for:
Name:
Address:
City:
Social Insurance Number:
Low Income Senior:
Postal Code:
Must be 65 years of age or olderand eligible to receive Guarantee Income Supplement.
Date of Birth (MM/DDNY)-------Required
Disabled Low Income Person
Provincial Senior Citizens Card
Must be eligible for Disability Pension under Family Benefits Act ofOntario,as amended
or Ontario Disability Support Program Act,1997,as amended.
Amount of Assessment related tax increase.
A deferral for an amount less than $100.00 will not be granted.
$------
• I understand that the deferred taxes and accumulated interest/penalty form a priority
lien on the property and will be paid in full upon registered change in titles.
• I am the owner of the property which is my principle residence.
•Penalty and interest will accrue on any deferred taxes at the rate in effect.
•The rate will be set annually as determined by local municipal By-Laws.
This application must be received annually in the Office of the Treasurer,no later than
April 30th in the year for which relief is being requested.
Owner's Signature
Witness -Officer Title
Telephone number
Date Applied
Report No. CS 2015-10
Attachment No. 1
Page 4 of 5268
THE CORPORATION OF THE COUNTY OF OXFORD
BY-LAW 4285-2003
FOR OFFICE USE ONLY
Date:
Property Location:
Roll Number:
Account Number:
CALCULATION OF ASSESSMENT-RELATED TAX INCREASE:
Amount =1997 Taxes (class)x 1999 CVA (property)-1997 Taxes (Property)
1998 Assessment (class)
=
Notional Tax Rate
x $- $_
1998 eVA (Property)1997 Taxes (Property
County Taxes Deferred ----------------------
English Public School Taxes Deferred
French Public School Taxes Deferred
English Separate School Taxes Deferred
French Separate School Taxes Deferred
Total Taxes Deferred
Added to Tax Certificate
InterestlPenalty Rate Amended
School Board Advised
Treasurer or Designate Approval Date
Report No. CS 2015-10
Attachment No. 1
Page 5 of 5269
Page 1 of 7
COUNTY OF OXFORD
BY-LAW NO. 5263-2011
BEING a by-law to establish a tax rebate program for the purposes of providing relief
from taxes or amounts paid on account of taxes on Eligible Property Occupied by
Eligible charities and similar organizations.
WHEREAS the County of Oxford (the “Municipality”) is required to have a tax rebate
program for eligible charities and may have a tax rebate program for similar
organizations, for the purposes of giving relief from taxes on eligible property they
occupy, pursuant to section 361 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (hereinafter referred to as the “Act”);
AND WHEREAS subsection 361(4) of the Act provides municipalities with a number of
specific options to tailor this program to suit local priorities and preferences;
AND WHEREAS the Council of the County of Oxford deems it appropriate to enact this
By-Law for the purpose of establishing a tax rebate program to be administered by its
lower-tier municipalities;
NOW THEREFORE the Council of the County of Oxford enacts as follows:
1. In this By-Law:
“eligible charity” means a registered charity as defined in section 248(1) of the
Income Tax Act (Canada) that has a registration number issued by the Canada
Customs and Revenue Agency;
“eligible property” means property that is in one of the commercial property classes
or in one of the industrial property classes within the meaning of section 308(1) of the
Act, or an individual property specified in “Appendix A” of this by-law if that property
meets all other program requirements;
“qualified application” means an application for a property tax rebate that
demonstrates to the satisfaction of the lower-tier Treasurer the entitlement of the
applicant charity or other similar organization to receive a rebate in accordance with
this By-Law;
“similar organization” means an organization specified in “Appendix A” of this by-law,
which does not meet the definition of “eligible charity” within the meaning of this by-
law;
“taxes” has the same meaning as set out in subsection 361(12) of the Act and
includes property taxes levied for upper-tier, local and/or education purposes and
includes general and special area levies.
2. An eligible charity or similar organization that pays taxes on eligible property that it
occupies may make application to the lower-tier municipality where the eligible
property is located for a rebate of the property taxes or amounts on account of taxes
in respect of the eligible property.
Report No. CS 2015-10
Attachment No. 2
270
Page 2 of 7
3. The application shall be in a form required by the Treasurer of the lower-tier
municipality, which shall meet or exceed the information requirements of the form
attached hereto as “Appendix C” and forming part of this By-Law.
4. The application for a taxation year shall be made after January 1 of the taxation year
and no later than the last day of February of the year following the taxation year.
5. A charity or similar organization that is otherwise eligible for a rebate on eligible
property under this By-Law is not entitled to any rebate if the eligible property has
received a property tax reduction pursuant to section 362 of the Act.
6. Upon receipt of a qualified application for a taxation year the lower-tier municipality
shall:
a) Pay one-half (1/2) of the rebate amount within sixty (60) days after receipt by the
lower-tier municipality of the application;
b) Pay the balance of the rebate amount within one hundred twenty (120) days after
receipt by the lower-tier municipality of the application.
7. The amount of the rebate shall be:
a) forty percent (40%) of the taxes, estimated taxes or amounts on account of taxes
payable by the eligible charity or other similar organization on the eligible
property that it occupies; or,
b) such other percentage as may have been prescribed by the Minister of Finance;
or,
c) if the eligible charity is required to pay an amount under section 367 or section
368 of the Act, the amount of the rebate shall be the total of the amounts the
charity is required to pay under those sections; or,
d) an alternate percentage of the taxes, estimated taxes or amounts on account of
taxes payable by the eligible charity or other similar organization on the eligible
property that it occupies if, and as specified in “Appendix A” of this by-law.
8. Where the rebate amount has been determined based on the estimated property
taxes of the eligible property the amount of the rebate shall be recalculated after the
determination of the property taxes and the appropriate adjustments made between
the estimated rebate paid by the lower-tier municipality and the rebate to which the
eligible charity or other similar organization is entitled.
9. The lower-tier municipality may deduct an adjustment under section 8 of this By-Law
from amounts payable in the next year for the next year’s rebates in respect of an
eligible property.
10. Only properties specified by Council, and detailed in “Appendix A” of this by-law shall
be eligible for alternate treatment under this program in regards to:
a) designation as a “similar organization”;
Report No. CS 2015-10
Attachment No. 2
271
Page 3 of 7
b) eligibility for a class of property other than one of the commercial or industrial
classes; or
c) a rebate percentage other than forty percent (40%).
11. Where Council has deemed it appropriate to grant alternate treatment under this
program, the following details must be documented on a property-by-property basis
in “Appendix A” of this by-law:
a) Assessment roll number;
b) Realty Tax Class (RTC) and Realty Tax Qualifier (RTQ);
c) Assessed Owner;
d) Name of Eligible Charity or “Similar Organization”;
e) The percentage of taxes to be rebated for any taxation year for which eligibility
for a rebate has been determined; and
f) The first taxation year that alternate treatment under this by-law is to apply.
12. “Appendix A” shall form a part of this by-law and may be amended from time-to-time
by Council via resolution or by-law.
13. In granting any alternate treatment under s.11 of this By-Law, Council shall have
regard to the guidelines attached as “Appendix B” attached hereto and forming part
of this By-Law.
14. By-law No. 4286-2003 be hereby repealed.
READ a first and second time this 13th day of April, 2011.
READ a third time and finally passed in this 13th day of April, 2011.
DONALD E. MCKAY, WARDEN
BRENDA J. TABOR, CLERK
Report No. CS 2015-10
Attachment No. 2
272
Page 4 of 7
Appendix A
BY-LAW NO. 5263-2011
Assessment Roll
Number
RTC/
RTQ
Assessed Owner Eligible Charity or
Similar
Organization
Percentage to
be Applied in
Calculation of
Rebate
Amount
First
Taxation
Year to
which
Alternate
Treatment
May be
Applied
32 42 050 040 0561 RT Oxford County Naval
Veterans Association
Oxford County
Naval Veterans
Association
100% 2011
32 11 012 010 3480 RT Royal Canadian
Legion BR 495
Royal Canadian
Legion Branch 495
- Beachville
100% 2011
32 42 030 080 0350 RT Royal Canadian
Legion BR 55
Royal Canadian
Legion Branch 55 -
Woodstock
100% 2011
32 38 020 010 1860 RT Tavistock Canadian
Legion BR 518
Royal Canadian
Legion Branch 518
- Tavistock
100% 2011
32 18 010 010 2570 RT Royal Canadian
Legion BR 119
Royal Canadian
Legion Branch 119
- Ingersoll
100% 2011
32 02 030 010 0880 RT Royal Canadian
Legion BR 190
Royal Canadian
Legion Branch 190
- Norwich
100% 2011
32 27 010 010 0059 RT Royal Canadian
Legion BR 557
Royal Canadian
Legion Branch 557
- Thamesford
100% 2011
32 27 012 010 1340 RT Royal Canadian
Legion BR 318
Royal Canadian
Legion Branch 318
- Embro
100% 2011
32 04 030 030 1230 RT Royal Canadian
Legion BR153
Royal Canadian
Legion Branch 153
- Tillsonburg
100% 2011
Report No. CS 2015-10
Attachment No. 2
273
Page 5 of 7
Appendix B
BY-LAW NO. 5263-2011
Similar Organizations Eligible for Tax Rebates
(Excludes Organizations owning and occupying residential property)
Similar Organizations eligible for Tax Rebates must:
a) demonstrate a concern for the relief of poverty or for people in emotional, physical or
spiritual distress; or provide a clear service or benefit to the community by its concern
with the advancement of science, education, philosophy; religion, art, sports and other
causes beneficial to the community (human services, culture and heritage, public health,
recreation, human rights, equity);
b) be operated on a not-for-profit basis with no share capital and must be accountable to the
community;
c) the services must be accessible to the community as a whole or for an appreciable
portion of it.
The following organizations meet the public benefit eligibility criteria noted above and are
potential applicants for a tax rebate provided the criteria in b) and c) are also met:
Agricultural Organizations Youth Recreational Services
Arts and Culture Organizations Non-Profit Community Organizations
Community Services Cultural Organizations
Social Service Organizations Education/Training
Foundation/Institution Immigrant Services
Religious Health Societies & Foundations
Health Services Medical/Hospital
Social Housing Services Legal Aid Services
Organizations Not Eligible for Tax Rebates
Organizations that are not charitable in nature or provide benefits only to a narrow segment of the
community are not eligible for the rebate even if all other criteria are met. Such organizations
include but are not limited to:
Artists Studios
Constituency Offices
Foreign Tourist Offices
Foreign Trade Offices
Non - Profit Foreign Offices
Social Clubs
Private Clubs
Trade Unions
Property Management Offices
Associations - Professional & Trade
Consulate Offices
Credit Unions/ Pension
Political Offices
Government/ Government Agencies
Non-Profit Professional, Business, Trade Organizations
Unspecified Occupancies and other uses not identified in the Policy or “Appendix A”
Report No. CS 2015-10
Attachment No. 2
274
Page 6 of 7
Appendix C
BY-LAW NO. 5263-2011
“AREA MUNICIPALITY NAME”
TAX REBATES FOR CHARITABLE ORGANIZATIONS
Application Form
Request for Tax Rebate for taxation year
Name of Organization: Registration No:
Address: Telephone No.:
Contact Name:
Length of time at that Address:
Date of Occupancy if less than one year:
Previous Address if Occupancy is less than one year:
Mailing Address if different from above:
Name of Landlord: Telephone No.:
Type of Lease:
Net Lease: ____________ Gross Lease:_____________
Please provide evidence of a), b), c) and d) for Net Lease and a), b), e) and f) for Gross Lease:
a) Proof of status as an eligible organization;
b) Non-Profits to provide most recent financial statement and copy of charter;
c) Property taxes included in lease payments prior to 1998;
d) Property taxes included in lease payments for current year;
e) Monthly / annual lease payments prior to 1998;
f) Monthly / annual lease payments for current year;
Name: Date:
Position:
Signature:
Report No. CS 2015-10
Attachment No. 2
275
Page 7 of 7
To be completed by Area Municipality Staff:
Property Tax per Square Foot:
Amount of Tax Rebate:
Payment Dates & Amounts:
Name: Date:
Position:
Signature:
Report No. CS 2015-10
Attachment No. 2
276
MINUTES
Town of Tillsonburg
Meeting for the Heritage, Beautification & Cemetery Advisory Committee
January 8, 2015 @ 9:00 a.m. Marwood Lounge, Community Centre Complex
CALL TO ORDER: The meeting was called to order at 9:00 a.m. by Robert Marsden.
MEMBERS PRESENT: Jeff Bunn, Ken Butcher, Rick Cox, Paul DeCloet, Corey Hill (new Parks & Facilities Manager), Robert Marsden, Sue Saelens, Marian Smith, Janet Wilkinson. Special Guest: Stephen Molnar, Mayor
MEMBERS ABSENT/REGRETS: Charles Baldwin, Sandra Bray, Brian Stephenson, Maurice Verhoeve
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF: None declared
ADOPTION OF AGENDA:
• Resolved That the agenda as prepared for this meeting of November 6, 2014 be adopted. Moved by S.
Saelens, seconded by P. DeCloet. Carried.
PRESENTATIONS:
ADOPTION OF MINUTES:
• Resolved That the minutes of November 6, 2014 be adopted as written. Moved by S. Saelens, seconded
by J. Wilkinson. Carried.
BUSINESS ARISING OUT OF THE MINUTES:
1. Heritage Inventory List: the list was reviewed and was considered to be complete. A discussion took place under cemeteries regarding the state of disrepair of the mausoleums, two of which are Heritage
designated. The process to follow for removal of the third mausoleum is to advertise for family members
who may wish to take responsibility for the repairs. If none are forthcoming, the next step is to apply to the courts for permission to disinter, remove and reinter the remains in the same location. It was felt worthwhile
to advertise for family members for all three mausoleums at this time. It is not appropriate for tax dollars and/or cemetery budgets to pay for repairs to private structures. A committee member should appear before the Jan. 26 council meeting to speak on importance of proceeding with this action. There will be
legal, destruction and removal and re-interment costs.
CORRESPONDENCE:
• R. Cox has received confirmation of a grant of $1,350 from the TD Friends of the Environment application for planting of trees at the Annandale field in the spring.
NEW BUSINESS: 1. House at Bear & Rolph Street: J. Wilkinson circulated a picture of the house across from the hospital. B. Marsden will research the history of the house with the intention of possible Heritage designation. OTHER BUSINESS:
• Keep Tillsonburg Beautiful tree planting day is coming up the first part of May. The exact day to be determined and will take place at Annandale field.
ROUND TABLE:
• P. DeCloet commented on how well the new Tillsonburg Cemetery looks.
• Reminder from J. Bunn for committee members to complete their application forms.
• S. Molnar, Mayor, spoke about the importance of the volunteer advisory committees and gave a sincere
thank you to the members.
NEXT MEETING DATE: February 5, 2015 at 9:00 a.m. in the Marwood Lounge.
277
2
ADJOURNMENT: the meeting adjourned at 9:40 a.m.
278
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 1 -
LONG POINT REGION CONSERVATION AUTHORITY
BOARD OF DIRECTORS MINUTES – February 4, 2015
(as approved at the Board of Directors meeting held February 27, 2015)
Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers,
Michael Columbus, Noel Haydt, John Scholten, Tom Southwick
Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, J. Maxwell, L. Minshall, C.
Jacques, J. Miller, P. Gagnon and D. McLachlan
Regrets: Roger Geysens, Craig Grice, David Hayes
The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, February 4, 2015 in
the Tillsonburg Boardroom.
ADDITIONAL AGENDA ITEMS
None
DISCLOSURES OF INTEREST
None
DEPUTATIONS:
None
MINUTES OF PREVIOUS MEETINGS
MOTION A-16/15 moved: J. Scholten seconded: D. Brunton
THAT the minutes of the LPRCA Board of Directors Regular Meeting held January 14th,
2015, be adopted as amended.
CARRIED
BUSINESS ARISING
a) 2014 PLANNING & REGULATIONS FEE SCHEDULE
Staff presented the analysis and comparisons reports for the planning and
regulations fees presented at the 2014 Draft Budget Meeting. It was noted in the
279
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 2 -
original report that fees were increased by 65% in 2012 and then again by 49% in
2014 leading staff to recommend not raising the planning and regulations fees for
2015. The Interim Manager of Watershed Services pointed out that the report
detailing the staff time to complete the various types of development applications
were for basic, straightforward applications and approvals. Vehicle costs for site
visits were also included where applicable. The cost of an individual application
could be significantly higher if the application is complex, extra meetings or site visits
are required, violation discussions/notices are needed, or it becomes necessary to
field related inquiries and manage neighbour complaints.
MOTION A-17/15 moved: T. Southwick seconded: J. Scholten
THAT the LPRCA Board of Directors receives the 2014 LPRCA Planning & Regulations
Fee Schedule report as information.
CARRIED
REVIEW OF COMMITTEE MINUTES
None
CORRESPONDENCE
MOTION A-18/15 moved: J. Scholten seconded: N. Haydt
THAT correspondence outlined in the Board of Directors’ Agenda of February 4th, 2015
be received as information.
CARRIED
DEVELOPMENT APPLICATIONS
a) Staff Approved applications
Staff approved seven applications since the last meeting in January: LPRCA-
201/14, LPRCA-202/14, LPRCA-1/15, LPRCA-2/15, LPRCA-3/15, LPRCA-4/15 and
LPRCA-9/15. No questions or comments.
MOTION A-19/15 moved: T. Southwick seconded: J. Scholten
That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation
Applications report as information.
CARRIED
280
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 3 -
b) New Applications
The Planning Department sought approval for five applications all within Norfolk
County, three at Long Point. Staff explained that LPRCA’s mandate concerns any
works having an impact on flooding and erosion or a risk to life and property. Any
clean-up efforts must adhere to the same rules as any construction works meaning
the clean-up must not negatively impact the natural processes and must not create
a new hazard or aggravate an existing hazard. There are two outstanding permit
applications connected to LPRCA-7/15 and LPRCA-8/15 that are being reviewed
and discussed with the proponent.
MOTION A-20/15 moved: J. Scholten seconded: T. Southwick
THAT the Board of Directors of the LPRCA approves the Development Applications as
per the staff report dated February 4th, 2015.
CARRIED
NEW BUSINESS
a) CALENDAR REVIEW
The staff at Backus Heritage Conservation Area has been developing new outreach
programs to be taken into classrooms along with on-site programs. The Outdoor
Educator will be launching a new Learn to Snowshoe pilot program at Port Rowan
Public School for Grades two to four. The online campsite reservations opened
February 1st and the Annual General Meeting is scheduled for Friday, February 27th at
1:30pm. The Source Protection Plan Public Consultations are scheduled for February
17th in Tillsonburg and February 19th in Simcoe.
MOTION A-21/15 moved: N. Haydt seconded: J. Scholten
THAT the LPRCA Board of Directors receives the February Calendar Review Report as
information.
CARRIED
b) GENERAL MANAGER’S REPORT
Staff clarified the meaning of the high-water mark which represents the 100-year flood
elevation in relation to building along the lake shore. The high-water mark used in the
CA Regulation is 176.5’ based on studies completed approximately twenty years ago.
Staff has been working with neighbouring CAs and municipal partners to complete
phase one of an updated Shoreline Management Plan. The new Lake Erie Shoreline
Management Plan will be used to provide recommendations for sustainable
development of the shoreline ecosystems and land uses. Phase one encompasses the
281
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 4 -
coastal zone of Lake Erie within Elgin County and is approximately 60% complete. The
second phase will be focused in Norfolk County and then the final phase with be the
shoreline situated within Haldimand County.
The Board asked for clarification on LPRCA’s position on Silver Lake. LPRCA does not
own Silver Lake or the dam but has offered assistance to Norfolk County.
The recent Phragmites Workshop at Backus Heritage Conservation Area was well
attended by various partners, landowners, stakeholders and government staff. The
presenters, including Lee Brown Marsh staff, detailed various control efforts to date and
options for the future including new products that are not yet available in Canada.
MOTION A-22/15 moved: J. Scholten seconded: N. Haydt
THAT the LPRCA Board of Directors receives the General Manager’s Report for
January 2015 as information.
CARRIED
c) ROOTED IN NATURE
Rooted in Nature is a new partnership event based on the successful Butterfly /
Dragonfly Festival. It is anticipated that the new event will draw an expanded
demographic to Backus and, following a post-event evaluation, the hope is that it will
become an annual festival that will continue to grow.
MOTION A-23/15 moved: R. Chambers seconded: J. Scholten
THAT LPRCA Board of Directors receives the staff report pertaining to the Rooted In
Nature Pilot Program as information;
AND THAT the appropriate signing officers be directed to sign the attached
Memorandum
CARRIED
d) PERSONNEL POLICY AND PROCEDURES REPORT
The current P&P’s were outdated; therefore, the entire contents were reviewed and
revised. Going forward, the P&P’s will be reviewed annually by staff and an ad hoc
committee of the Board. The Board would like a further review of Section 17, Sick
Leave Policy, and for staff to provide comparisons with the various neighbouring
municipalities and conservation authorities. It was clarified that section 1.4.5 c) Email
Usage pertains to the privacy and confidentiality of external contact information.
282
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 5 -
MOTION A-24/15 moved: R. Chambers seconded: T. Southwick
THAT the LPRCA Board of Directors approves the updated LPRCA Personnel and
Administrative Policies Manual;
AND THAT said policies be reviewed by a subcommittee of the Board and Senior
Management on an annual basis.
CARRIED
e) LONG POINT SOURCE PROTECTION PLAN UPDATE
Following the comments provided by the Ministry of Environment and Climate Change
(MOECC) to the original submission, the Long Point Source Protection Plan has been
revised and is now entering the public consultation phase. There are two public open
houses scheduled in February and the revised Plan will also be posted on the Lake Erie
Source Protection Region website as of February 9th for the 35-day review period. A link
is provided through LPRCA’s website. The Municipality of Bayham’s Richmond System
was not included in this version as directed by MOECC which will require a public
consultation at a later date.
MOTION A-25/15 moved: J. Scholten seconded: N. Haydt
THAT the LPRCA Board of Directors receives the Long Point Source Protection Plan
Update as information.
CARRIED
f) MEMBER PER DIEMS REPORT
The member per diems and Chair’s honourarium were last adjusted in 2009. As per
the 1992 administrative policy, per diem increases are based on a calculation tied to the
annual percentage increases awarded to employees. Therefore, staff requested
authorization to submit to the Ontario Municipal Board (OMB) a $5 increase for member
per diems ($60 to $65) and a $175 annual increase to the Chair honourarium ($2100 to
$2275).
MOTION A-26/15 moved: T. Southwick seconded: J. Scholten
THAT the LPRCA Board of Directors authorizes the General manager to request OMB
approval to increase the per diem rate paid to members for attendance at meetings and
for attending to the business of the Authority, to $65.00;
THAT OMB approval be sought to set the Chair’s honorarium at $2,275 annually; AND
THAT both take effect January 1st, 2015.
CARRIED
283
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick
- 6 -
g) TOBACCO BOARD LEASE
The Ontario Flue-Cured Tobacco Board has occupied the south part of the building
since LPRCA bought the building in 2009. The current lease has been on a month-to
month basis but effective January 1st, 2015, the organization is now operated by the
Ministry of Economic Development, Employment and Infrastructure and has requested
a 6-month lease agreement with an option of two 6-month extensions.
MOTION A-27/15 moved: J. Scholten seconded: D. Brunton
THAT the LPRCA Board of Directors approves the License Agreement from the
Minister of Economic Development, Employment and Infrastructure for office space at
the Administration Office Building;
AND THAT the Chair and General Manager be directed to execute said agreement.
CARRIED
h) 2015 TREE STOCK ORDER
Each year staff orders a variety of tree seedlings to support the various watershed
programs provided by LPRCA. This year staff is proposing to order over 45,000
seedlings. Staff explained the nursery codes for the different products listed which is
important for staff to identify the age of the stock and how vigorous they are based on
the growing seasons of the past few years.
MOTION A-28/15 moved: D. Brunton seconded: J. Scholten
THAT the LPRCA Board of Directors approves the 2015 tree order as presented by the
Lands & Waters Supervisor at its regular meeting of February 4th, 2015.
CARRIED
The Chair adjourned the meeting at 8:05pm.
_____________________________ ________________________________
Michael Columbus Dana McLachlan
Chairman Administrative Assistant
284
THE CORPORATION OF THE
BY-LAW NUMBER 3888
A By-law to Provide for the Indemnification of Current and Former Council
Members, Local Board Members and Employees of the Town of Tillsonburg.
WHEREAS Section 279 of the Municipal Act, 2001 S.O. 2001, c. 25 as amended provides that, despite the Insurance Act, a municipality may be or act as an insurer
and may exchange with other municipalities in Ontario, reciprocal contracts of
indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with
respect to the following matters:
1. Protection against risks that may involve pecuniary loss or liability on the
part of the municipality or any local board of the municipality.
2. The protection of its employees or former employees or those of any local
board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.
3. Subject to Section 14 of the Municipal Conflict of Interest Act, the protection
of the members or former members of council or of any local board of the
municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members.
4. Subject to Section 14 of the Municipal Conflict of Interest Act, the payment
of any damages or costs awarded against any of its employees, members,
former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done
or made by them in their capacity as employees or members, including while
acting in the performance of any statutory duty.
5. Subject to Section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other
proceeding referred to in Paragraph 4 and for assuming the cost of defending
the employees or members in the action or proceeding.
AND WHEREAS exposure to liability under Acts dealing with areas such as environmental impairment or fisheries protection have prompted some municipalities
to enact indemnification by-laws to address any gaps in their insurance coverage;
AND WHEREAS Provincial downloading has brought new areas of exposure
including the imposition of harsh penalties on elected representatives and senior managers for the actions of front-line staff, which has increased the risks still further;
AND WHEREAS Council would like to address the indemnification needs of
Council members, local board appointees and employees in a comprehensive
manner;
AND WHEREAS Council wishes to put in place appropriate protections against
personal liability to ensure that competent staff, competent volunteers and competent
Council members continue to be attracted to serve the Town of Tillsonburg; NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg
enacts as follows:
1. Scope The Town of Tillsonburg Indemnification By-law shall apply to all current and
former members of Council, current and former members of Local boards and
committees, and all current and former employees, subject to the limitations outlined
in this By-law.
13404588.3
285
2. Definitions
For the purposes of this By-law:
“Action or proceeding” means an action or proceeding with any process issued out of
or authorized by any court, administrative tribunal or other administrative,
investigative or quasi-judicial body.
“Council” means the Council of The Corporation of the Town of Tillsonburg.
“Employee” means any salaried officer, or any other person in the employ of the
Town or of a local board or committee and includes persons that provide their
services on behalf of the Town without remuneration, exclusive of reimbursement of
expenses provided that such persons are appointees of the Town or volunteers acting under the direction of a person in the employ of the Township.
“Former employee” means a person who was formerly an employee of the Town or
local board.
“Former member” means a person who was formerly a member of a Council of the
Town or local board.
“Individual” means a person who was a member of Council or was an employee, as
the case may be, at the time the cause of action or proceeding arise or at the time that the act or omission occurred that gave rise to the action or proceeding,
notwithstanding that prior to judgment or other settlement of the proceeding, the
person may have become a former member or former employee.
"local board" means a municipal service board, police services board, planning board, or any other board, commission, committee, body or local authority
established or exercising any power or authority under any general or special Act
with respect to any of the affairs or purposes, including but not limited to members
of any advisory committee including, but not limited to the following, the
Accessibility Advisory Committee, Cultural Advisory Committee, Development Committee, Heritage, Beautification & Cemeteries Committee, Museum Advisory
Committee, Parks & Recreation Committee, and any subcommittee appointed by any
committee of Council and excluding a school board.
“Town” means The Corporation of the Town of Tillsonburg.
3. Excluded Actions and Proceedings
a) This By-law does not apply to: i) an action or proceeding where the legal proceeding relates to a grievance
filed under the provisions of a collective agreement or to disciplinary action
taken by the Town as an employer;
ii) an action or proceeding brought under the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended and the Criminal Code, R.S. 1985, c. C-46 as amended unless such proceedings arose as a result of the individual’s good faith
pursuit or performance of the individual’s assigned duties;
iii) any expenses incurred by members of Council or a local board in obtaining
legal advice to determine whether the member has a pecuniary interest in a matter which is the subject of a determination or consideration by Council or local board as defined herein; or
iv) an action or proceeding commenced by the Town.
The determination as to whether or not an action or proceeding is covered by this By-law shall be exercised by the Town in its sole discretion.
Page 2 of 5 13404588.3
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4. Indemnification
a) Good Faith – lawful conduct
The Town shall indemnify an individual in the manner and to the extent provided by Section 4 c) in respect of any civil, criminal or administrative action or proceeding,
including appeals, brought by a third party for acts or omissions arising out of the
scope of the individual’s authority or within the course of the individual’s
employment or office if: i) the individual acted honestly and in good faith with a view to the best
interests of the Town; and
ii) in the case of a criminal or administrative action or proceeding that is
enforced by a monetary penalty, the individual had reasonable grounds for believing that his or her conduct was lawful.
b) Town Appointed Solicitor – to determine
In the event that any determination is required as to whether an individual meets the requirements of this Section, the Town’s appointed Solicitor shall determine if there are any terms and conditions that may apply to the indemnification of an individual.
c) Manner and extent of indemnification
The Town shall indemnify an individual who meets the requirements of Section 4 a) and b) by:
i) assuming the cost of defending such individual in an action or proceeding;
ii) paying any damages or costs, including a monetary penalty, awarded against such individual as a result of an action or proceeding;
iii) paying, either by direct payment or by reimbursement, any expenses
reasonably incurred by such individual as a result of an action or proceeding;
and
iv) paying any sum required in connection with the settlement of an action or proceeding;
to the extent that such costs, damages, expenses or sums are not assumed, paid or
reimbursed whether under any provision of the Town’s insurance program or
otherwise for the benefit and protection of such individual against any liability incurred by such individual.
5. Action – Proceedings
a) Persons served with process
Where an individual is served with any process issued out of or authorized by any
court, administrative tribunal or other administrative, investigative or quasi-judicial
body, other than a subpoena, in connection with any action or proceeding the
individual shall forthwith deliver the process or a copy to the Chief Administrative Officer and/or Town Clerk, who in turn shall deliver a copy to the Town’s Insurance
Broker and the Town’s appointed Solicitor.
b) Lawyers retained by the Town’s insurers Notwithstanding any other provision of this By-law to the contrary, any lawyer
retained by the Town’s insurers from time to time to defend the Town in any action
or proceeding shall represent an individual with respect to that action or proceeding
unless the Town instructs such individual otherwise.
Page 3 of 5 13404588.3
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c) Town’s right to select lawyer
Subject to Section 9 and to paragraph c) ii) of this section, the Town shall have the
right to select and retain the lawyer to represent an individual and the CAO shall:
i) advise such individual of the lawyer selected to represent the employee; and
ii) advise the Council of the final disposition of the matter.
6. Conduct of Defence
Where possible, the Town’s Solicitor shall conduct the defence of such actions or
proceedings. In exceptional circumstances the use of the Town’s appointed Solicitor
may not be possible and subject to Section 5 b) and Section 10 outside legal counsel
may be retained having regard to:
i) whether the Town’s appointed Solicitor has the required expertise;
ii) whether the Town’s appointed Solicitor can provide the commitment of time
and resources that is required; or
iii) whether the Town’s appointed Solicitor is or may be in a conflict of interest situation by virtue of conducting the defence of the individual.
7. Settlement – Council Approval
Council shall have the right to approve the settlement of any action or proceeding.
8. Request for Approval of other Lawyer
Subject to the provisions of this section, an individual may request approval to be represented by the lawyer of the individual’s choice by writing to the CAO.
9. CAO or Designate – Review Request – 10 Days
The CAO or Designate shall within 10 days from receiving the request, either approve the request or deny the request and nominate a lawyer of the Town’s choice
and, in either case, advise the individual in writing of such decision. The authority to
make this decision shall be in the sole authority of the CAO or Designate. In the
event that the CAO or Designate does not advise the individual in writing of his or her decision within ten (10) day from receiving the request, the request shall be deemed to be refused.
10. Duty to Cooperate
An individual involved in any action or proceeding shall cooperate fully with the Town and any lawyer retained by the Town to defend such action or proceeding,
shall make available to such lawyer all information and documentation relevant to
the matter as are within his or her knowledge, possession or control, and shall attend
at all proceedings when requested to do so by such lawyer.
11. Failure to Comply – Conflict
a) Failure to Comply with By-law
If an individual fails or refuses to comply with the provisions of this By-law, the
Town shall not be liable to assume or pay any of the costs, damages, expenses or
sums arising form the action or proceeding and shall not be subject to the requirements of Section 4 c) of this By-law.
Page 4 of 5 13404588.3
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b) Conflict – Insurance Policies
The Town maintains many different policies of insurance for both the Town and
members of Council, officers and employees. The provisions of this By-law are intended to supplement the protection provided by such policies of insurance. In the
event of conflict between this By-law and the terms of such policy of insurance in
place from time to time of such policy or policies of insurance shall prevail.
12. Appeal – Enactment
a) Appeals
Where an individual seeks to appeal a judgment in a covered action or proceeding, the Town shall have the sole discretion to determine whether an appeal should be pursued, and whether the cost of the appeal will be covered by this By-law. If an
individual pursues an appeal without representation by the Town and is successful in
that appeal, the Town shall have the sole discretion to determine whether the
individual shall be indemnified for his or her legal fees.
13. Effective Date
That this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME this 23rd day of March, 2015.
READ A THIRD TIME AND FINALLY PASSED this 23rd day of March, 2015.
___
Mayor, Stephen Molnar
____________________________ Town Clerk, Donna Wilson
Page 5 of 5 13404588.3
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3889
A BY-LAW to authorize a Voter List Management Service Agreement between Comprint
Systems Inc. and the Corporation of the Town of Tillsonburg.
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with
Comprint Systems Inc for Voter List Management Software known as VoterView;
AND WHEREAS Section 22 of the Municipal Elections Act authorizes the Clerk to correct
any obvious errors in the voters list;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Voter List Management Service Agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF March, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF March, 2015.
_____________________________
Mayor – Stephen Molnar
______________________________
Municipal Clerk – Donna Wilson
297
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3890 A BY-LAW to authorize the Issuance of Debt.
WHEREAS the Municipal Act, 2001 Section 401 (1) provides that subject to this or any other Act, a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way,
and may issue debentures through the County of Oxford and prescribed financial instruments for or in relation to the debt;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has authorized the purposes
(individually a "Project") as set out in Schedule "A" attached thereto and desires to issue debt through the County of Oxford for the Project in the respective amount specified in Schedule "A;
AND WHEREAS before authorizing the Project and before authorizing any additional cost amounts and
any additional debt authorities in respect thereof, the Treasurer of the Corporation of the Town of Tillsonburg updated its most recent annual debt and financial obligation received from the Ministry of
Municipal Affairs and Housing in accordance with Ontario Regulation 403/02, and determined that the estimated annual amount payable in respect of the Project and the issuance of additional debentures
would not cause the Corporation to exceed the updated limit;
AND WHEREAS it is expected that the approved financing through a financial institution or County of Oxford will occur in Q2 2015;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT certain works as set out in Schedule "A" hereto attached are hereby authorized up to a
maximum cost of $48,085.54.
2. THAT Schedule "A" attached hereto is hereby declared to be a part of this By-Law as if written and incorporated herein.
3. THAT there shall be raised in each year in which an installment comes due by a rate on all applicable
rateable BIA property in the Town of Tillsonburg a specific amount sufficient to pay the said installment when and as it becomes due, but no greater rate shall be levied in any year for such purposes, than is
required to pay the installment. Such amount may be reduced by receipts from other sources in respect to the said works.
4. THIS By-Law shall come into full force and effect on the date of enactment..
READ A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_______________________
MAYOR – Stephen Molnar
_________________________
CLERK - Donna Wilson
298
THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3890
SCHEDULE A
Project Description Debt to be Issued Refinance BIA Broadway $43,082.54
299
CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3891
BEING A BY-LAW TO ADOPT AN ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING WITH THE TILLSONBURG
SENIORS CENTRE
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to
amend By-Law 3523, being a by-law to adopt a Memorandum Of Understanding with the
Tillsonburg Seniors Centre, to include an addendum pertaining to a change in the space
considered the Senior Centre and to an exchange of no-charge uses of Town space by the Senior
Centre and Senior Centre space by the Town.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Memorandum of Understanding attached hereto as Schedule “A” and forming
part of this By-Law between the Corporation of the Town of Tillsonburg and the
Tillsonburg Seniors Centre is hereby approved;
2. THAT the Addendum to the Memorandum of Understanding made between the
Corporation of the Town of Tillsonburg and the Tillsonburg Seniors Centre attached
hereto as Schedule “B” and forming part of this By-Law between the Corporation of the
Town of Tillsonburg and the Tillsonburg Seniors Centre;
3. THAT By-Law 3523 are hereby repealed;
4. AND THAT this By-Law shall come into full force and take effect after the final passing
hereof.
READ FOR A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_____________________________________
MAYOR – Stephen Molnar
_____________________________________
MUNICIPAL CLERK – Donna Wilson
300
Schedule "A" to By-Law 3891
301
Schedule "A" to By-Law 3891
302
Schedule "A" to By-Law 3891
303
Schedule "A" to By-Law 3891
304
Schedule "B" to By-Law 3891
305
CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3892
BEING A BY-LAW TO AUTHORIZE AN ENCROACHMENT
AGREEMENT WITH THE CANADIAN BROADCASTING
CORPORATION
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an
encroachment agreement with the Canadian Broadcasting Corporation for the propose of
erecting a repeater antenna on the Tillsonburg Community Centre.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1.THAT the encroachment attached hereto as Schedule “A” forms part of this By-Law;
2.THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg;
3.AND THAT this By-Law shall come into full force and take effect after the final passing
hereof.
READ FOR A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_____________________________________
MAYOR – Stephen Molnar
_____________________________________
MUNICIPAL CLERK – Donna Wilson
306
Schedule "A" to By-Law 3892
307
308
309
310
CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3893
A BY-LAW to adopt the Town of Tillsonburg Municipal Alcohol Policy and
to repeal the former Municipal Alcohol Policy, By-Law 3565.
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to
that there shall be a clear and concise policy governing the sale and consumption of alcoholic
beverages in Municipal owned facilities and parks to promote a safe, enjoyable environment for
those who use these facilities;
AND WHEREAS the Corporation of the Town of Tillsonburg deems it expedient and necessary
to repeal By-Law 3565;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Municipal Alcohol Policy attached hereto as Schedule “A” forms part of this
By-Law;
2. THAT By-Law 3565 is hereby repealed;
3. AND THAT this By-Law shall come into full force and take effect after the final passing
hereof.
READ FOR A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_____________________________________
MAYOR – Stephen Molnar
_____________________________________
MUNICIPAL CLERK – Donna Wilson
311
TOWN OF
TILLSONBURG
Municipal Alcohol Policy
(M.A.P.)
By-Law 3893
March 23, 2015
G: Community Centre/2015 MAP Update Page 1
Schedule "A" to By-Law 3893
312
TOWN OF TILLSONBURG – MUNICIPAL ALCOHOL POLICY TABLE OF CONTENTS
1. Introduction
2. Goal Statement
3. Policy Objectives
4. Conditions of the Use of Alcohol in Municipally owned Facilities
SECTION #1 - Municipal Facilities Eligible for Special Occasion Permit
Events (refer to each location for specific facilities)
A. Tillsonburg Community Centre
B. Tillsonburg Special Event Centre
C. Tillsonburg Public Library
D. Annandale National Historic Site
E. Tillsonburg Municipal Airport
SECTION #2 - Municipal Parks and Facilities NOT Eligible for Special
Occasion Permit Events
SECTION #3 - Signs
A. Serving Practices
B. Accountability
C. No Last Call
D. RIDE Signs
E. Ticket Sales Stop
SECTION #4 - Controls Prior to Event
A. Special Occasion Permit
B. Control
C. M.A.P.
D. Checklist for Event Organizers
E. List of Trained Persons
F. SOP Signatory
SECTION #5 - Controls During Event
SECTION #6 - Event Workers – Trained
A. Public Events
B. Private Events
G: Community Centre/2015 MAP Update Page 2 313
SECTION #7 - Alcohol Service
A. Low Alcohol and Non-alcoholic Options
B. Control of Alcohol Service
C. Advertising Events
SECTION #8 – Liability Insurance
SECTION #9 – Safe Transportation
SECTION #10 – Youth Admission
SECTION #11 – Security Requirements at Specific Events
SECTION #12 – Consequences for Failure to Comply
SECTION #13 – Policy Monitoring and Revisions
Appendix “A” – Checklist & Security Plan for Event Organizers
Appendix “B” – M.A.P. Comment Form
Appendix "C" - Event Category Guideline - Risk Assessment
G: Community Centre/2015 MAP Update Page 3 314
1. INTRODUCTION
Council first endorsed a by-law for an Alcohol Management Policy in 1994. This policy
has proven to be very effective in Municipal Risk Management and has been included in
the rental contract for all Municipal Facilities rented and licensed for special occasion
permits.
The policy is also intended to promote a safe, enjoyable environment for those who use
these facilities. By managing and enforcing this policy, the Town of Tillsonburg hopes to
reduce any possible risk of litigation.
2. GOAL STATEMENT
In order to reduce alcohol related problems that may arise from alcohol consumption
within its facilities and to promote a safe, enjoyable environment for users of these
facilities, the Town of Tillsonburg has developed a M.A.P. The Town of Tillsonburg
offers a variety of unique recreational experiences for people of all ages. Our goal is to
encourage responsible use of alcohol during Special Occasion Permit (SOP) functions to
ensure the health and safety of the participants and the protection of Town of
Tillsonburg facilities.
3. POLICY OBJECTIVES
To provide appropriate procedures and education to individuals or Event Organizer
wishing to hold events in parks and facilities within the Town of Tillsonburg’s jurisdiction
in order to ensure that all Alcohol & Gaming Commission Board of Ontario legislation
pertaining to Special Occasion Permits (SOP) is properly understood and complied with.
The policy is based on legislation of the Liquor License Act (LLA) and Best Practices
(BP). To encourage and reinforce moderate drinking practices through the
development of appropriate operational procedures, controls, training and education.
Town's Best Practice:
1. To honour the decision of abstainers not to drink alcohol and to encourage
their participation by providing alternative, non-alcoholic beverages.
2. To provide a balance use of alcohol through Special Occasion Permits so
that alcohol becomes a responsible part of a social function, rather than the
reason for it.
3. To provide a balance of licensed and non-licensed programs to ensure that
consumers, abstainers, adults, youth and families will be adequately serviced
and protected.
4. CONDITIONS OF THE USE OF ALCOHOL IN MUNICIPALLY OWNED
FACILITIES
Anyone who wishes to serve alcohol at a designated site must sign a facility
rental contract that stipulates the conditions under which alcohol may be
served and acknowledges the requirements. In addition, the responsible
person must obtain a Special Occasion Permit (SOP) from the Alcohol &
Gaming Commission of Ontario (AGCO). The SOP Holder must comply with the
Liquor License Act (LLA), R.S.O. 1990, Chapter L.19, the Sections and all of the
provisions of the Town of Tillsonburg M.A.P. G: Community Centre/2015 MAP Update Page 4 315
SECTION #1 - MUNICIPAL FACILITIES ELIGIBLE FOR SPECIAL OCCASION
PERMIT EVENTS
TILLSONBURG COMMUNITY CENTRE
Lion’s Auditorium
The Auditorium is suitable for holding Special Occasion Permit events. It is equipped with a
kitchen area including a stove, dishwasher and freezer compartments. The Auditorium holds
up to 400 guests with tables and chairs and is wheelchair accessible.
Lion’s Den The Den is suitable for holding Special Occasion Permit events. It is equipped with a kitchen
area including a stove, dishwasher, freezer compartment and separate bar area. The Den
holds up to 120 guests with tables and chairs and is wheelchair accessible.
Marwood Lounge
The Lounge is suitable for holding Special Occasion Permit events with seating for 80. This
room is ideal for meetings and small social functions.
Rotary Wing
The Rotary Wing is suitable for holding Special Occasion Permit events with seating for
approximately 40 with tables and chairs and is equipped with a small kitchen. This room is
ideal for meetings and small social functions.
Memorial Arena Floor and Tiered Seating
The Arena Floor and tiered seating is suitable for holding Special Occasion Permit events with
main floor seating for 1400. A variety of events can be held in this facility and is wheelchair accessible with elevator. The use of Marwood Lounge is required for the purpose of main bar
when a Special Occasion Permit is approved for tiered seating area in Memorial Arena. Liquor
License Act states that applicants can now apply for public event SOP for premises with fixed
tiered seating or temporary tiered seating (ie bleachers). Conditions may be added to the
permit to address identified risks to public safety. SOP applications for tiered seating facilities
will be sent to the AGCO for review.
Senior Centre Auditorium
This facility is suitable for holding Special Occasion Permit events with seating for
approximately 120 with tables and chairs. This room is ideal for meetings and small social
functions.
LAKE LISGAR WATER PARK - Grass Area
This area within the Waterpark is suitable for holding Special Occasion Permit events
providing designated area and proper fencing are in place.
PARKS & PLAYGROUNDS
Kiwanis, Optimist, Hardball, Annandale ball diamonds, as well as, Memorial Park and
Coronation Park are suitable for outdoor Special Occasion permit functions, provided proper
approvals have been received and designated area with proper fencing provided. Designated
area will control the people coming in and out. Event Organizer will be required to provide
sanitation requirements, accessibility to the area by emergency works and access to
telephone (cell phones) for those wishing to arrange for transportation.
G: Community Centre/2015 MAP Update Page 5 316
TILLSONBURG SPECIAL EVENT CENTRE
Main Floor
This facility is suitable for holding Special Occasion Permit events. The 62,000 square foot
main floor will hold approximately 2000 guests with tables and chairs and is completely
wheelchair accessible.
Kitchen
This facility is suitable for holding Special Occasion Permit events. The kitchen includes a
stove, fryer and refrigeration units. This area seats approximately 70 guests and can be
utilized for a meeting room.
Board Room
This room is suitable for holding Special Occasion Permit events. It seats approximately 25
people and is an ideal location for meetings.
Inside Fenced Parking Compound
This area is suitable for holding Special Occasion Permit events, providing a designated
fenced area is utilized and proper approval from Building Department and Fire Department.
This outdoor area is ideal for tented events.
TILLSONBURG PUBLIC LIBRARY
Auditorium
This facility is suitable for holding Special Occasion Permit events. It will seat
approximately 100 and is ideal for private parties, workshops and general meetings.
ANNANDALE NATIONAL HISTORIC SITE
Meeting Room
This facility is suitable for holding Special Occasion Permit events. It will seat
approximately 60 and is ideal for private parties, workshops and general meetings.
TILLSONBURG MUNICIPAL AIRPORT
The exterior grounds at the airport is suitable for holding Special Occasion Permit events
providing a designated area and proper fencing are in place.
ALL OTHER MUNICIPALLY OWNED FACILITIES
All other municipally owned land and facilities require written approval from the Town of
Tillsonburg, Chief Administrative Officer or designate.
G: Community Centre/2015 MAP Update Page 6 317
SECTION #2 - MUNICIPAL PARKS & FACILITIES NOT ELIGIBLE FOR
SPECIAL OCCASION PERMIT EVENTS
• Parks and outdoors areas not listed in policy
• Arena Dressing Rooms
• Arena Lobby
• Arena Ice Surface
• Pool Change rooms
• Exceptions: Any person wishing to hold a Special Occasion Permit event
in a location not listed in this policy must receive written approval from
Director of Community Services or designate.
AREAS DESIGNATED WHERE ALCOHOL USE IS PROHIBITED
The consumption of alcoholic beverages is prohibited in the majority of parks, gardens,
sports facilities and service facilities within the jurisdiction of the Town of Tillsonburg.
The Town of Tillsonburg has a zero tolerance policy on the consumption of
alcohol where proper permits have not been obtained. The Town may change the
designation of any site within its jurisdiction at its discretion.
SECTION # 3 - SIGNS
According to the Liquor License Act:
A. SERVICE PRACTICES: To provide consistent and proper wording which satisfies the Alcohol & Gaming
Commission of Ontario (AGCO) requirements, the following permanent signs have been
designed and strategically posted.
1. “It is against the Liquor License Act of Ontario for licensed establishments to
serve customers to intoxication. For this reason, servers in our facilities are
required to obey the law and not serve anyone to intoxication. We are also pleased
to offer non-alcoholic beverages.”
2. “In Ontario, the legal drinking age is 19 years of age. You may be asked for
proof of age. Acceptable identification is:
• Ontario Drivers License
• Canadian Passport
• Canadian Citizenship Card with photo
• Canadian Armed Forces I.D. card
• Bring Your Identification (B.Y.I.D.) card issued by the Liquor Control Board
of Ontario
• A Secure Indian Status Card issued by the Government of Canada
• A Permanent Resident Card issued by the Government of Canada
• A Photo Card issued under the Photo Card Act, 2008
G: Community Centre/2015 MAP Update Page 7 318
3. "No person shall sell or supply liquor or offer to sell or supply liquor from a
prescribed premise unless, the premises prominently displays a warning
sign containing the prescribed information that cautions women who are
pregnant that the consumption of alcohol during pregnancy is the cause of Fetal
Alcohol Spectrum Disorder"
B. ACCOUNTABILITY
This will inform patrons as to where to direct concerns. This will include telephone
numbers of the Event Organizer(s), local Police Department and the Alcohol & Gaming
Commission of Ontario.
RATIONAL: Having these signs visible to participants eliminates any
confusion on who to contact for information or to lodge complaints
regarding an event.
C. LAST CALL will NOT be announced".
D. RIDE SIGNS will be posted at all SOP events".
E. TICKET SALES STOP
Starting at 12:00am, only single ticket sales will be made. All ticket sales will
stop at 12:45am."
RATIONAL: Oxford O.P.P. recommends that only single ticket sales be
made at 12:00am. This will deter guests from buying multiple tickets and
possible over-consumption prior to bar closing.
G: Community Centre/2015 MAP Update Page 8 319
SECTION # 4 - CONTROLS PRIOR TO EVENT
EVENT ORGANIZERS OF MUNICIPAL FACILITIES WILL BE REQUIRED TO
UNDERSTAND THE MUNICIPAL ALCOHOL POLICY PRIOR TO RENTING
Town's Best Practice:
A. SPECIAL OCCASION PERMIT: The SOP Holder shall post the Special Occasion
Permit at the bar area clearly stating the name of the SOP Holder and the telephone
numbers for the designated contact person, secondary contact person and the Alcohol
& Gaming Commission Board of Ontario.
While the local authorities and Alcohol & Gaming Commission Inspectors are informed
of the date and place of the special occasion function, they do not always have an
opportunity to drop in and check on the operation of the event.
The SOP Holder must remain on site at all times. If, for some reason, they cannot, a
secondary name must be posted. Concerned participants will know whom to contact
immediately on the premises. This can facilitate early correction of potentially risky
situations.
B. CONTROL: In order to be eligible for a facility rental for a special occasion
function, the Event Organizer must demonstrate to the satisfaction of the Director of
Community Services or designate that there are sufficient controls in place to prevent
under age, intoxicated or rowdy people from entering the event and that the
intoxicated participants will be refused services and removed from the event.
RATIONAL: Event Organizers must understand that prevention of intoxication is
paramount. Controls must be enforced to allow for an enjoyable and safe
atmosphere for all present.
C. MUNICIPAL ALCOHOL POLICY will be available from Town Staff or designate at
the time of booking.
D. CHECKLIST FOR EVENT ORGANIZERS form and a rental contract form will be
provided by the municipality at the time of booking. These forms are to be completed
by the Event Organizer and returned to the staff person or designate at least two (2)
weeks prior to the event. Signatures from both the Event Organizer and the staff
person are required on the forms. Please see appendix “A”.
E. LIST OF TRAINED PERSONS The Town will endeavor to have a list of trained
persons who have indicated that they may be available to assist at events when the
Event Organizer does not have the required SIP/Smart Serve trained personnel.
F. THE SPECIAL OCCASION PERMIT SIGNATORY must attend the event, and be
responsible for decisions regarding the actual operation of the event. If the event is
more than 2 days in length then a designate may be assigned and their name(s) must
appear on the contract. This person and all event workers must refrain from alcohol
consumption during the event, including any clean-up activities.
G: Community Centre/2015 MAP Update Page 9 320
SECTION #5 - CONTROLS DURING EVENT
All controls and service must be consistent with the provisions of the Alcohol & Gaming
Commission Act of Ontario and its Sections.
According to the Liquor License Act:
1. SOP Holder, Event Volunteers/Event Staff must:
Abide by all the rules of the M.A.P.
• Attend the event and be sober before and during the event, including any
clean-up activities
• Ensure that the bartenders and servers do not serve alcohol to any one
under age, intoxicated or rowdy at the event
2. Access & Control
The SOP Holder and event volunteers/event staff shall accept the following as
proof of age for alcohol purchase or consumption:
• Ontario Drivers License
• Canadian Passport
• Canadian Citizenship Card with photo
• Canadian Armed Forces I.D. card
• Bring Your Identification (B.Y.I.D.) card issued by the Liquor Control Board
of Ontario
• A Secure Indian Status Card issued by the Government of Canada
• A Permanent Resident Card issued by the Government of Canada
• A Photo Card issued under the Photo Card Act, 2008
Entry to public functions must be denied to:
• Intoxicated or unruly individuals
• Individuals carrying unsealed alcoholic beverages
• Individuals previously turned away from the event
3. Entry to the event must be monitored by responsible person(s) meeting the
age of majority requirements at all times. These person(s) shall further observe
for individuals that may be attempting to enter the premises and that appear to
be impaired or have a history of causing problems at events.
4. The SOP Holder has the right to deny entry to any individual.
5. The SOP Holder and the person renting the facility are responsible to ensure
that the event is properly supervised and will provide enough staff to fulfill this
obligation.
6. The type of identification to be worn by event workers must be stated on the
“Checklist & Security Form. See appendix “A”.
7. All signs of sale and service must be cleared from the premises within 45
minutes of the end time stated on the permit. This includes the removal of all
partially consumed and empty bottles, and glasses that contained liquor.
G: Community Centre/2015 MAP Update Page 10 321
Town's Best Practice:
1. All day outdoor events are required to cease the sale of alcohol for a period of
one hour to allow for clean up.
2. The bar area within the premises shall be closed no later than 1:00am and NO
service of alcoholic beverages will be allowed after this time.
3. All entertainment within the facility shall cease at 1:00am.
4. The only exception to the 1:00am closing time is during New Year's Eve when
bar service will cease serving at 2:00am. Event Organizers must ensure that
patrons have vacated the facility by 3:00am.
5. To assist staff and to ensure that no incidents occur on the premises, patrons
must vacate the facility by 2:00am. Exception: New Year's Eve Refer to #4.
6. Failure to comply with the above could prevent the SOP holder or
organization from further renting of any Town of Tillsonburg facility and where
appropriate, O.P.P. and Alcohol & Gaming Commission of Ontario will be advised
and charges could be laid.
7. Bartenders must be SIP/Smart Serve trained (further details in Section #6).
Event organizers are encouraged to have all event staff SIP/Smart Serve trained.
8. Leftover liquor must be removed from the premises at the end of the event.
9. The town limits number of tickets to be sold to any person at one time to 4
each. Unused tickets may be redeemed for cash at any time up until 15 minutes
after the bar closes.
G: Community Centre/2015 MAP Update Page 11 322
SECTION #6 - EVENT – STAFFING REQUIREMENTS
EVENT SERVERS AND MONITORS
The following guideline sets out the ratio of event servers and monitors to event
participants. The requirements may be increased or decreased by the Director of
Community Services or designate having operational jurisdiction over the premises
depending on crowd dynamics and type of event.
Trained servers must be certified by a recognized alcohol server training course that has
been approved by the Town. These include Smart Serve and S.I.P. programs. The
sponsor shall ensure all event workers are over the age of 19 years of age. Door and
entrance monitors are encouraged to monitor the door for a minimum of 1.5 hours following the advertised admission time and for a minimum of 1.5 hours prior to the
advertised departure time.
Self serving is prohibited and trained bar personnel are required. Sponsor and all event
workers will refrain from alcohol consumption before, during and after the event,
including any clean-up activities.
Passive, moderate, high risk and major event classifications are determined by Town of
Tillsonburg staff based on event dynamics.
Refer to Appendix C – Event Category Guideline
*Category Trained
Servers
Door/Entrance Monitors Floor Monitors/Bar Ticket
Sales
PASSIVE **1 The sponsor is responsible
to monitor the entrance to
the room
The sponsor is responsible to
monitor those in attendance
MODERATE 2 1 event worker at the
entrance to the room at all
times
1 event worker throughout the
room at all times
HIGH
RISK/MAJOR
EVENT
2 + 2 for
every
additional
200
participants
1 event worker at every
entrance/exit to the room
2 + 2 per every additional 200
participants
* Covers any public or private event
**The server requirement for passive events may be waived at the discretion of the
Director of Community Services or staff designate when an event has approximately 50
or less participants in attendance
RATIONAL: Event Staff requirements are based on 3 criteria: Attendance, Public Event or Private Event. History has shown that these were too vague. Not
all Public Events require the same level of event staff as others. Additional event
categories were needed to determine sufficient Event Staff. These additional
considerations include:
1. Age Group & Maturity 2. Attendance 3. Incident History
4. Event Dynamics 5. Invitation 6. Food Availability
7. Impact on Neighbourhood 8. Supervision 9. Threats & Concerns
G: Community Centre/2015 MAP Update Page 12 323
SECTION #7 - ALCOHOL SERVICE
A. LOW ALCOHOL AND NON-ALCOHOLIC OPTIONS
Town's Best Practice:
1. The SOP Holder will ensure that 30% of the alcoholic beverages offered
consist of low alcohol options (i.e. low alcohol beer, light wine, and low
alcohol spirits). Non-alcoholic beverages must be readily available and priced
significantly below any alcoholic beverage.
2. The SOP Holder shall provide a sign, which shall be prominently posted
identifying the low alcohol and non-alcoholic beverages available at the event.
RATIONAL: Low alcohol beverages help prevent intoxication by providing
responsible consumers with an opportunity to consume less alcohol and avoid
becoming intoxicated. A patron consuming a regular beer (at 5% alcohol) would
have to drink two “extra light” beers (at 2.5% alcohol) to ingest the same amount
of alcohol. Similarly, “light” beer (at 4% alcohol) represents a 20% reduction in
alcohol intake.
3. Discounts will not be offered for volume purchase of tickets when tickets are
sold for alcoholic beverages. The Town limits number of tickets to be sold to any
person at one time to 4 each.
RATIONAL: By limiting the number of tickets or drinks participants may purchase at one time, the ticket sellers, monitors, bartenders and servers are
provided with more opportunities to observe participants for signs of
intoxication.
B. CONTROL OF ALCOHOL SERVICE
According to the Liquor License Act:
Practices which may encourage the immoderate consumption of alcohol are not permitted.
Contests or games involving the consumption of liquor are not permitted. (Reg. 389/91
Section 18(1) )
Liquor cannot be awarded as a prize for any game or contest. (Reg 389/91 Section 20)
Gambling: Games of chance (i.e. poker, crown & anchor, raffles, 50/50 draws, etc) are
not permitted unless the proper license has been obtained from the province or
municipality. Such licenses are only issued to eligible organizations with charitable or
religious purposes. (Section 32)
Guests cannot be required to purchase a minimum number of drinks (or drink tickets)to
enter or remain at the event, and no drink containing more than 85 ml of spirits can be
sold or served. (Reg. 389/91 Section 16 and Section 13)
RATIONAL: Table consumption can be moderated by not selling rounds of large numbers of tickets.
G: Community Centre/2015 MAP Update Page 13 324
2. The following is not permitted at an SOP event, including adjacent
washrooms, liquor and food preparation areas and storage areas of under control
of the permit holder:
- Drunken individuals
- Illegal gambling
- Violent or disorderly conduct (fights, etc.)
3. No “Last Call” will be announced prior to the end of the event/sale of alcohol.
RATIONAL: Announcing, “last call”, prior to end sales encourages some
patrons to purchase the maximum number of drinks allowed to prolong the
event and drinking.
4. An adequate supply of food must be available to persons attending the event.
Snacks such as chips, peanuts or popcorn are not an acceptable substitute for this
requirement.
5. There will be no self-serve events; even “Wine & Cheese” functions require a
bartender.
6. Regulation 719/90 Section 20 (4) states that a maximum of 2 standard drinks
will be served at one time.
Town's Best Practice:
1. Tickets for alcohol must be purchased from designated ticket sellers and must be
redeemed at the bar. A maximum of 4 tickets may be sold at one time.
2. Bartenders and servers are required to pour all beverages into plastic or paper
cups disposable cups at the bar. All bottles are to be kept behind the bar. Alcoholic and Non-Alcoholic drinks are to be served in different cups. Exception:
Private events by invitation only.
RATIONAL: By following the guidelines we will reduce the risk that Event
Organizer’s automatically assume when running an event. These practices are
designed to discourage heavy alcohol consumption. By pouring all beverages
into disposable cups, the chance of glass/bottle breakage is minimized.
3. Any masked events, such as Masques, New Year’s Eve parties, Halloween
Parties, where masked identity of individuals are in attendance (costumed events),
must meet the following conditions:
i. Acceptable type of identification, as listed
ii. No one under the age of 19 years admitted
4. A maximum of 2 standard drinks will be served at one time.
The Standard Drink means:
Bottle of Regular Beer - 12 oz or 341 ml. (beer, cider or cooler)
Glass of Wine - 5 oz or 142 ml.
Shot of Spirits - 1 oz or 29 ml.
Fortified Wine – 3 oz or 85 ml.
5. Only single drinks will be served (no more than one shot in one glass)
G: Community Centre/2015 MAP Update Page 14 325
C. ADVERTISING EVENTS
According to the Liquor License Act:
SOP holder may advertise that liquor will be sold and/or served, according to the
provisions in the Alcohol & Gaming Commission application Guidelines, Section 7(2), Reg. 389/91 regarding alcohol advertising. Reception Events cannot be advertised.
SECTION #8 - INSURANCE
LIABILITY INSURANCE: The SOP holder shall:
• Obtain a minimum of TWO MILLION ($2,000,000.00) DOLLARS liability
insurance for Passive and Moderate Risk events
• Obtain a minimum of FIVE MILLION ($5,000,000.00) DOLLARS liability
insurance for High Risk events
• Name the Town of Tillsonburg as an additional insured, providing copy to the
Town at least two weeks prior to the event
• Indemnify and save the Town of Tillsonburg harmless from all claims arising
from the permit or event.
The actual insurance limits required may be increased at the discretion of the Director
of Community Services or designate.
RATIONAL: If an individual is injured, and if the Town of Tillsonburg
were to be found “jointly and severally” liable, the Town of Tillsonburg
could end up paying part or all of the judgment should the Special
Occasion SOP permit holder be inadequately insured or uninsured.
In addition to the expense to the municipality to defend any legal action,
the municipality might have difficulty obtaining continued insurance
coverage.
SECTION # 9 - SAFE TRANSPORTATION
Town's Best Practice:
Only individuals, Event Organizer or organizations implementing a safe
transportation strategy will be permitted rental privileges of facilities for SOP
functions.
The Event Organizer shall identify the strategies, which will be used on the
“Checklist for Event Organizers” form. The Event Organizer shall implement
and encourage a Designated Drivers Program. This program shall be
advertised at the event so that all patrons are aware this program is available.
This program shall consist of the following:
It is suggested that the designated driver be supplied with free soft
drinks/coffee during the function. The Event Organizer shall advertise or
announce the availability of this program during and, if possible, prior to the
event. G: Community Centre/2015 MAP Update Page 15 326
Advertise the use of taxi service – The Event Organizer shall advertise or
announce the availability of a taxi service to attendees of the event. If not
required to provide a taxi service, the Event Organizer shall ensure that
appropriate signage is posted at the facility which includes the telephone
number and/or use their best efforts to obtain any attendee a taxi upon
request.
RATIONAL: The risk of liability is especially high when an impaired
driver leaves an alcohol-related even. Event organizers must assume
responsibility for promoting safe transportation for all drinking
participants. Safe transportation options are essential since the only
way to sober up an impaired person is with time.
The SOP holder is responsible for promoting safe transportation options for all
the drinking participants. Examples of safe transportation options are:
- A designated driver provided by the Event Organizer; or
- A taxi paid either by the Event Organizer or the participant.
RATIONAL: The risk of liability is especially high when an impaired
driver leaves an alcohol-related event. Event organizers must assume
responsibility for promoting safe transportation for all drinking
participants. Safe transportation options are essential since the only
way to sober up an impaired person is with time.
SECTION # 10 - YOUTH ADMISSION TO ADULT EVENTS
Each rental Event Organizer will be responsible to select a strategy on allowing youth
to their event. In all cases, the following guidelines must be adhered to:
According to the Liquor License Act:
Anyone who appears to be under the age of 25 years will be required to show
I.D. before they are allowed into the event/facility.
Individuals under the age of majority will not be allowed to consume alcohol
beverages. Anyone serving individuals under the age of majority will be
required to leave the event.
Town's Best Practice:
Two (2) extra floor monitors will be required if persons under the age of
majority are allowed to enter Public events.
It is suggested that for events allowing individuals under the age of majority
and with over 250 patrons will be required to identify those persons over the
age of majority. Event Organizers may choose either stamps or wristbands to
identify persons over the age of majority.
G: Community Centre/2015 MAP Update Page 16 327
SECTION # 11 - SECURITY REQUIREMENTS AT SPECIFIC EVENTS
The following requires paid duty police officers or licensed and bonded Security
Company (in uniform):
*CATEGORY # OF SECURITY PERSONNEL
PASSIVE 1**
MODERATE 2
HIGH RISK/MAJOR EVENT 2***
* Covers any public or private event
**Security requirement for passive events may be waived at the discretion of the
Director of Community Services or designate.
*** Security requirement for High Risk/Major Event may be increased at the
discretion of the Director of Community Services or designate.
According to the Liquor License Act:
The SOP holder must provide security sufficient to ensure that unauthorized
persons do not attend the event and to ensure that the conditions of the permit
and requirements of the Liquor License Act are observed. In order to determine
whether security is sufficient, the permit holder shall consider:
a) The nature of the event;
b) The size of the premises; and
c) The age and number of persons attending the event.
Town's Best Practice
Security must have access or provide a communication link on site to summon
emergency services.
Security is not to be involved in serving of alcoholic beverages nor may assist in
any way in the liquor operation of the event.
The purpose of security is to: - Challenge;
- Warn;
- Report anyone having alcohol outside of the area covered by the license
Full payment of off-duty police officers or licensed and bonded security company is the
sole responsibility of the Event Organizer. Time Period required is 9:00pm – 2:00am.
Exception: Tiered Seating Events during hockey tournaments, games, carnivals where
specific times will vary, the duration of security will be determined by staff.
The Town of Tillsonburg reserves the right to approve or disapprove of licensed and
bonded private security companies. Each event will be reviewed on its own merit. If
the Event Organizer demonstrates the need for less security at their event, the required
number of officers may be reduced or waived at the discretion of the Director of
Community Services or designate. However, public safety for the patrons of the event
will be paramount.
G: Community Centre/2015 MAP Update Page 17 328
RATIONAL: Security requirements vary depending on category of event.
Dances designed for those over 25 years of age or seniors will differ from
those dances geared towards those 25 years and under. Events that have
attendance exceeding 300 will require additional security over those events with less than 300. Events that are by invitation only versus
general admittance will impact security requirements.
The overall event dynamics must be considered before security requirements can
be imposed. Additional considerations include:
Age Group & Maturity Attendance Incident History
Event Dynamics Invitation Food Availability
Impact on Neighbourhood Supervision Threats & Concerns
Each of the above nine considerations is valued and checked off accordingly. Majority
dictates category of risk and how the requirements of event staff/security are reached.
OUTDOOR EVENTS/FESTIVALS
According to the Liquor License Act:
Outdoor events are those which take place outdoors or in a temporary
structure, such as a tent or marquee. The outdoor area must be clearly
defined and separated from unlicensed areas by a minimum 36" high partition.
Festivals and events can define an area larger than outside beer tents where
people can walk around freely with drinks. Local communities are free to
customize the events to their needs.
AGCO may be involved to discuss public safety issues with the permit holder.
Notification must be made to local municipality, including clerk, police, fire and
health department and AGCO 30 days notice for events where fewer than
5,000 people attend and 60 days notice for events where 5,000 or more people
attend.
If a SOP has been issued for an outdoor event that has both licensed areas
(bars, restaurants) and areas to which the SOP applies (ie. Street on which the
event occurs), patrons can move freely between these areas with a single
serving of alcohol, under certain conditions and where permission has been
granted by the AGCO.
Town's Best Practice:
The Town of Tillsonburg Fire Chief and Building Official will determine maximum
capacity for outside tents based on exits and floor area.
For potential problem rentals, the Town reserves the right to require the
presence of minimally two (2) paid duty police officers or Licensed and bonded
Security Company for the duration of an event. Number of security will be
based on Section 11 and Appendix C of this M.A.P. This cost will be borne by
the Event Organizer or individual. The Town also reserves the right to refuse
the issuance of a facility rental permit at their sole discretion.
G: Community Centre/2015 MAP Update Page 18 329
SECTION # 12 - CONSEQUENCES FOR FAILURE TO COMPLY
SOP Holder's Responsibilities
1. In the case of patrons who are intoxicated to the point that they must be cut-
off, the SOP holder or designated Event volunteer/staff must make every effort to
ensure that the patron does not drive and that he or she will arrive safely at home. In
some instances, non-intoxicated friends might agree to drive the person home, or a
cab may be called for the patron.
2. In an effort to encourage patrons not to drink and drive, free access to a phone
should be made available to persons wishing to call a taxi and the telephone number
of a taxi company should be prominently displayed.
3. If an intoxicated person insists on driving, the SOP holder and/or staff may
have to attempt to detain the person and call the police.
4. Where anyone is engaged in a disruptive behaviour as a result of alcohol
consumption at social events, authorities will be called.
5. The SOP holder is required to report in writing to the Director of Community
Services or designate within 48 hours all incidents in which patrons are injured or
ejected from an event or Police are called.
6. Although police will be called if a situation deems necessary to do so, it is the
responsibility of the SOP holder to ensure the proper management of an event.
7. Where persons under the age of majority are found to have consumed or to be
consuming alcohol at SOP and non SOP events, the authorities will be called
immediately.
G: Community Centre/2015 MAP Update Page 19 330
ENFORCEMENT PROCEDURES FOR POLICY VIOLATION
A violation of this policy occurs when the SOP holders or individual(s) fails to comply
with this policy or the conditions of the Liquor Licence Act, or any other relevant
legislation. Intervention can be initiated by a participant at the event, Town of
Tillsonburg staff, Police or an Inspector of the AGCO. Random monitoring of events
where alcohol is served may be conducted by the Director of Community Services or
designate having jurisdiction over the premises.
Town's Best Practice:
1. Event Organizer(s), SOP Holder or the monitor(s) may intervene by
informing the offending individual of the M.A.P. violation and asking that it
stop. Event Organizer members and monitors are encouraged to intervene in
this way because intervention at other levels could result in a loss of
privileges and legal charges.
2. A Town of Tillsonburg staff member with recognized authority will intervene
whenever he/she encounters a violation of the policy. Depending upon the
severity of the policy infraction, the Town of Tillsonburg staff may ask the
organizers of the event to stop the violation or they may close down the SOP
portion of the event (especially if there is the potential for harm or loss of
enjoyment by non-drinkers). Should the organizers fail to comply; staff will
call the police for enforcement.
Penalties:
Where an SOP holder has violated the M.A.P., and has been confronted by a
Town of Tillsonburg staff member, the sponsoring organization and/or SOP
holder will be sent a registered letter by the Director of Community Services or
designate advising of the violation and indicating that further violations will
not be tolerated.
Should the sponsoring organization and/or SOP holder violate the policy within
one year of receiving notice of their first violation, the sponsoring
organization and event organizers shall be suspended from organized use of a
Town of Tillsonburg facility or area for a further one year. The Director of
Community Services or designate will send a registered letter to the
appropriate contact person advising of the suspension. A copy of the letter will
be sent to the Chief Administrative Officer.
Where, in the opinion the Director of Community Services or designate,
there has been repeated violations of a municipal, provincial or federal statute,
the sponsoring organization and event organizers shall be immediately
suspended from organized use of a Town of Tillsonburg facility or area for a
period of one year or such longer period as are warranted in the
circumstances. A registered letter shall be sent and copied to the Chief
Administrative Officer or designate and Council.
G: Community Centre/2015 MAP Update Page 20 331
SECTION # 13 - POLICY MONITORING AND REVISIONS
The Municipal Alcohol Policy for the Town of Tillsonburg will be reviewed as
required. It is subject to change and updates as laws change and
circumstances related to its administration requirements.
Contact will be made with local O.P.P. and Alcohol & Gaming Commission to
review occurrences within our Licensed facilities. All reports will be sent
to Director of Community Services.
G: Community Centre/2015 MAP Update Page 21 332
Appendix “A” CHECK LIST & SECURITY PLAN
Event Location:
Tillsonburg Community Centre Special Event Centre
Lion’s Auditorium Section A or B
Lion’s Den Main Floor
Marwood/DeCloet Lounge Kitchen
Rotary Room Board Room
Arena Floor Other
Event Date: ___________ Event Time: ________ Function: ______________
Contact Name: _____________________ Phone #: ___________________
SOP filed: Yes No Anticipated Attendance: _______
Proof of Insurance filed: Yes No
1. Has customer received and read Municipal Alcohol Policy (M.A.P.)? Yes No
2. List name(s) of trained bartenders, complete with certification numbers.
a) __________________________________________________
b) __________________________________________________
c) __________________________________________________
3. List names of who will be checking identification at the door?
a) __________________________________________________
b) __________________________________________________
c) __________________________________________________
4. List names of who will be monitoring the event, checking washrooms, circulating
through the parking lots to ensure that over drinking, supplying minors and self-serving
does not occur?
a) __________________________________________________
b) __________________________________________________
c) __________________________________________________
5. List safe transportation strategies for this event:
a) __________________________________________________
b) __________________________________________________
c) __________________________________________________
6. Will security be provided beyond this plan? Yes No
Paid Duty O.P.P. Officers? Approved Private Security Company? (Please circle one - must attend in full uniform)
7. General Comments:
G: Community Centre/2015 MAP Update Page 22 333
APPENDIX “B”
MUNICIPAL ALCOHOL POLICY COMMENT FORM
Please comment on the effects that this policy had relating to your rental.
Date of your event: ___________________________________________
Location of your event: ________________________________________
Type of event:
___________________________________________________________
___________________________________________________________
COMMENTS:
G: Community Centre/2015 MAP Update Page 23 334
TOWN OF TILLSONBURG – MUNICIPAL ALCOHOL POLICY EVENT CATEGORY GUIDELINE – RISK ASSESSMENT (Appendix C – Municipal Alcohol Policy) Name/Organization: _______________________ Type of Event: _______________
PRIMARY CONSIDERATION
PASSIVE RISK
MODERATE RISK
HIGH RISK
1. AGE GROUP &
MATURITY OF
PARTICIPANTS
An adult/senior
booking an event
that will be
predominately
attended by
persons 25+ yrs.
An adult booking an
event that will be
predominately
attended by persons
under 25 years
Any public events which is
predominately attended
by persons under 25
years of age
2. ATTENDANCE Under 50 51-300 Over 300 (min.2 officers)
Over 500 (min.4 officers)
Over 1000(min.6 officers)
3. INCIDENT
HISTORY
Well known
sponsor
Sponsor has frequent
organizational
experience
Unknown
4. EVENT DYNAMICS Stage
Performance
Community or
family
dinner/banquet
held inside a
facility
-Open outdoor public
gatherings
-Indoor public
gatherings
-When the event
dynamics substantially
increases the level of risk
or threat to include
activities that require care
and skill
-Games of Chance
-Video Dance Parties
- Events in tiered seating
- Outside Festivals, Beer
Gardens
5. INVITATION Closed – Personal
invitation only
Closed – Personal
invitation with
advanced ticket sales
Open – General
admittance
6. FOOD AVAILABILITY Sit down dinner/banquet served with regular bar
Regular bar with food provided throughout the event on a no charge basis or food is provided in the cost of the ticket
Midnight buffet only Snacks and light meal provided
7. IMPACT ON
NEIGHBOURHOOD
Held inside a
facility limited to
the local
community only
Held inside a facility
with adequate on-site
parking
- Noise control
considerations
- Substantial parking
requirements
-Transportation service
increased to
accommodate expected
participant volume
8. SUPERVISION - Town staff on duty - Private event held inside the facility or in an open area - Sponsor acting as door monitor
- Town staff on duty - Public Event held inside facility or in an open area. - Sponsor acting as door and floor monitors
- Town staff on duty - Public Event held inside facility or in an open area. - Within an enclosed area outside such as a temporary tent, fencing or barricades. - Sponsor acting as door and floor monitors
G: Community Centre/2015 MAP Update Page 24 335
9.THREATS &CONCERNS None apparent Within 100 meters of
a residential property
Moving motorized
vehicles on site
Motorized equipment
on site
Time of the event
When majority of
participants arrive after
10:00pm
Within close proximity to:
Waterfront venues, dunk
tank, ice surface, hills,
ravines, rugged terrain,
heavily forested areas,
accessibility to tiered
seating, livestock,
vehicles/equipment,
fireworks
Each of the 9 considerations is valued and checked off accordingly. Majority dictates category of risk. /9
Comments:
/9
Comments:
/9
Comments:
CHECKS TO BE CONDUCTED & APPROVALS OBTAINED
(Refer to Section 11 – SecurityRequirements)
Sponsor is well known to staff, therefore no Class or police check required
-Obtain trained server Confirmation
- Obtain copy of SOP
-Obtain Party Alcohol Liability insurance ($2M)
-Conduct a Class alert warning check
-Obtain trained server information
- Obtain copy of SOP
-Obtain Party Alcohol Liability Insurance ($2M)
-Obtain door and floor monitors information
-Conduct a Class alert warning check
-When 1000+ are anticipated, additional approvals are required from AGCO
-Obtain security /operational plan, to include police, fire & AGCO considerations
-Obtain paid duty O.P.P. or approved private security in uniform
-Obtain trained server information
- Obtain copy of SOP
-Obtain Party Alcohol Liability Insurance ($5M)
-Obtain door and floor monitor information
-Conduct a site inspection, if required
FINAL APPROVAL
AUTHORITY
Signature & Date
Director of
Community
Services or
designated staff
Director of
Community Services
or designated staff
Director of Community
Services or designated
staff
G: Community Centre/2015 MAP Update Page 25 336
CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3895
A BY-LAW to authorize an agreement between Her Majesty the Queen in right of the
Province of Ontario as represented by the Minister of Transportation and the Town of
Tillsonburg, for the purpose of receiving funds from the Community Transportation Pilot
Grant Program.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a
Community Transportation Pilot Grant 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.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1.THAT the agreement attached hereto as Schedule “A” forms part of this By-Law;
2.THAT the Mayor and Clerk be hereby authorized to execute the attached
agreement marked as Schedule “A” on behalf of the Corporation of the Town of
Tillsonburg;
3.AND THAT this By-Law shall come into full force and take effect after the final
passing hereof.
READ FOR A FIRST AND SECOND TIME THIS 23RD DAY OF MARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23RD DAY OF MARCH, 2015.
_____________________________________
MAYOR – Stephen Molnar
_____________________________________
MUNICIPAL CLERK – Donna Wilson
337
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3894
BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 23rd
day of March, 2015
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a
municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal
powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of
Tillsonburg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special
meeting and regular meeting held on March 23, 2015, 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 23rd DAY OFMARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF MARCH, 2015.
________________________________
Mayor – Stephen Molnar
________________________________
Municipal Clerk – Donna Wilson
338