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Regular Council Agenda Packet 2015-05-11
Table of Contents Agenda 3 April 27, 2015 - Minutes April 27, 2015 - Minutes 8 United Way Oxford Update CDR 2015-12 21 Soccer Club Re: Location of Fencing and Emergency Access Plan at Soccer Park CDR 2015-13 23 Ontario Medal for Good Citizenship Nominations Ontario Medal for Good Citizenship 26 The College of Physicians and Surgeons of Ontario Council Awards 2015 College of Physicians and Surgeons of Ontario Council Award Letter & Package 27 Royal Canadian Air Cadets Annual Tag Day Request Royal Canadian Air Cadets Annual Tag Day Request Letter 32 Township of Carling Resolution Regarding Rates Charges by Hydro One Township of Carling Resolution 33 Ontario Competitive Industrial Power Rates, Resolution from Township of North Stormont North Stormont Resolution 34 CL 15-15 Special Awards Committee CL 15-15 Special Awards Committee 43 Special awards Terms of Reference 46 Volunteer Service Recognition Program 49 Nomination Form 53 FIN 15-23 2015 Budgetary Estimates and Tax Rates FIN 15-23 2015 Budgetary Estimates and Tax Rates 55 2015 Final Levy Bylaw 3905 56 OPS 15-13 Results for Proposal Request RFP 2015-004 Road Condition Assessments OPS 15-13 Results for Proposal Request RFP 2015- 004 Road Condition Assessments 59 RCP 15-15 – Soccer Park Safety Fence RCP 15-15 - Soccer Park Safety Fence 61 Fence Options Sketch 65 Fence Location Sketch 66 By-law 2988 - Soccer Park Agreement 67 RCP 15-20 - Tillsonburg Dog Park Recap RCP 15-20 - Tillsonburg Dog Park Recap 70 Dog Park Documents 2008-2009 72 Dog Park Report 2009 94 1 Risk Management Considerations for Off Leash Dog Parks 110 By-Law 3905 2015 Final Levy Bylaw 3905 111 By-Law 3911 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Robert M. Simon Construction Ltd. for the rehabilitation of the Baldwin Street Storm Outlet. By-Law 3911 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Robert M. Simon Construction Ltd. for the rehabilitation of the Baldwin Street Storm Outlet 114 Division 6 - Articles of Agreement 115 By-Law 3910 A BY-LAW to Authorize a Consulting Agreement between the Corporation of the Town of Tillsonburg and IMS Infrastructure Management Services of Cambridge, Ontario By-Law 3910 A BY-LAW to Authorize a Consulting Agreement between the Corporation of the Town of Tillsonburg and IMS Infrastructure Management Services of Cambridge, Ontario 119 Schedule A Road Condition Assessment Consultant Agreement 120 By-Law 3912 A BY-LAW to confirm the proceedings of Council at its meetings held on the 11th day of May, 2015 By-Law 3912 A BY-LAW to confirm the proceedings of Council at its meetings held on the 11th day of May, 2015 139 2 = 1. Call to Order 2. Closed Session Moved By: Seconded By: Proposed Resolution #1 THAT Council move into Closed Session to consider: 1. advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Soccer Park); 2. a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Tillsonburg Hydro Inc. Business). 3. Adoption of Agenda Moved By: Seconded By: Proposed Resolution #2 THAT the Agenda as prepared for the Council meeting of Monday, May 11, 2015, be adopted. 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of April 27, 2015 April 27, 2015 – Regular Council Minutes Moved By: Seconded By: Proposed Resolution #3 THAT the Minutes of the Council Meeting of April 27, 2015, be approved. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 11, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 May 11, 2015 Council Meeting – Agenda - 2 - 7. Delegations and Presentations 7.1. United Way Oxford Update Presented By: Kelly Gilson CDR 2015-12 7.2. Soccer Club Re: Location of Fencing and Emergency Access Plan at Soccer Park Presented By: Sebastian Fardella CDR 2015-13 8. Information Items 8.1. Ontario Medal for Good Citizenship Nominations 8.2. College of Physicians and Surgeons of Ontario Council Award 2015 Letter & Package 8.3. Royal Canadian Air Cadets Annual Tag Day Request Moved By: Seconded By: Proposed Resolution #4 THAT Council approve the 153 Varnavair Squadron Royal Canadian Air Cadets request to hold there Annual Tag Day on the weekend of May 22-23, 2015 (rain dates of June 5-6, 2015. 8.4. Township of Carling Resolution Regarding Rates Charges by Hydro One 8.5. Ontario Competitive Industrial Power Rates, Resolution from Township of North Stormont 9. Reports from Departments 9.1. Clerk’s Office 9.1.1. CL 15-15 Special Awards Committee CL 15-15 Special Awards Committee Special awards Terms of Reference Volunteer Service Recognition Program Nomination Form Moved By: Seconded By: Proposed Resolution #5 THAT Council receive Report CL 15-15, Special Awards Committee; AND THAT Staff place an ad for Special Awards Committee members in the local newspaper under Tillsonburg Update. 4 May 11, 2015 Council Meeting – Agenda - 3 - 9.2. Finance 9.2.1. FIN 15-23 2015 Budgetary Estimates and Tax Rates FIN 15-23 2015 Budgetary Estimates and Tax Rates 2015 Final Levy By-Law Moved By: Seconded By: Proposed Resolution #6 THAT Council receives report FIN 15-23 2015 Budgetary Estimates and Tax Rates. AND THAT By-Law No. 3905 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2015 be brought forward for Council consideration. 9.3. Operations 9.3.1. OPS 15-13 Results for Proposal Request RFP 2015-004 Road Condition Assessments OPS 15-13 Results for Proposal Request RFP 2015-004 Road Condition Assessments Moved By: Seconded By: Proposed Resolution #7 THAT Council receive Report OPS 15-13 regarding RFP 2015-004 results for consulting services to provide road condition assessments of the entire municipal road network; AND THAT Council award RFP 2015-004 to IMS Infrastructure Management Services of Cambridge, Ontario at a total estimated fee of 19,319.00 (excluding HST) the highest scoring proposal received; AND THAT a By-law authorizing Mayor and Clerk to enter into an agreement with IMS Infrastructure Management Services for the consulting services be brought forward for Council consideration. 5 May 11, 2015 Council Meeting – Agenda - 4 - 9.4. Recreation, Culture & Park Services 9.4.1. RCP 15-15 – Soccer Park Safety Fence RCP 15-15 - Soccer Park Safety Fence Fence Options Sketch Fence Location Sketch By-law 2988 - Soccer Park Agreement Moved By: Seconded By: Proposed Resolution #8 THAT Council receive Report RCP 15-15 – Soccer Park Safety Fence; AND THAT staff proceed with tendering the immediate installation of a wayward ball barrier at the recommended locations within the soccer park; AND THAT Council authorizes a variance to the Fencing By-Law to permit over- height fence sections within the Tillsonburg Soccer Park. 10. Staff Information Reports 10.1. RCP 15-20 - Tillsonburg Dog Park Recap RCP 15-20 - Tillsonburg Dog Park Recap Dog Park Documents 2008-2009 Dog Park Report 2009 Risk Management Considerations for Off Leash Dog Parks Moved By: Seconded By: Proposed Resolution #9 THAT Council receive Report RCP 15-20 - Tillsonburg Dog Park Recap for information. 11. Notice of Motions By-Laws By-Laws from the Meeting of Monday, May 11, 2015 6 May 11, 2015 Council Meeting – Agenda - 5 - Moved By: Seconded By: Proposed Resolution #10 THAT By-Law 3905, By-Law 3905 to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2015; AND THAT By-Law 3911, A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Robert M. Simon Construction Ltd. for the rehabilitation of the Baldwin Street Storm Outlet; AND THAT By-Law 3910, A BY-LAW to Authorize a Consulting Agreement between the Corporation of the Town of Tillsonburg and IMS Infrastructure Management Services (Schedule A Road Condition Assessment Consultant Agreement); AND THAT By-Law 3912, to confirm the proceedings of Council at its meetings held on the 11th of May, 2015, be read for a first, second and third reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. 12. Items of Public Interest 13. Adjournment Moved By: Seconded By: Proposed Resolution #11 THAT the Council Meeting of Monday, May 11, 2015 be adjourned at _____ p.m. 7 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson 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/Deputy Treasurer Jeff Bunn, Deputy Clerk 1. Call to Order The Mayor called the meeting to order at 4:00 p.m. 2. Closed Session Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: 1. personal matters about an identifiable individual, including municipal or local board employees (Committee Appointments, CAO Appraisal & Fire Communications). Carried. The Mayor called for a recess at 5:25 p.m. The Mayor called the meeting back to order at 6:00 p.m. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, April 27, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor Minutes 8 April 27, 2015 Council Meeting – Minutes - 2 - Adoption of Agenda Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, April 27, 2015, be adopted. Carried. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof Deputy Mayor Beres declared a pecuniary interest as it relates to item 11.7.1: PRS 15-18 Concession Lease 2015-2019. Councillor Rosehart declared a pecuniary interest as it relates to item 11.7.1: PRS 15-18 Concession Lease 2015-2019. Councillor Adam declared a pecuniary interest as it relates to item 11.2.1: CAO 15-08 Community Transportation Pilot Program Steering Committee Terms of Reference. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 13, 2015 Regular Council Minutes – April 13, 2015 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Minutes of the Council Meeting of April 13, 2015, be approved. Carried. 6. Delegations and Presentations 6.1. OPP Update Oxford Detachment 2014 Tillsonburg Town Council Year End OPP Inspector Tim Clark and Police Services Board Chair Larry Scanlan were in attendance to share with Council an update to local policing statistics. 9 April 27, 2015 Council Meeting – Minutes - 3 - Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive the OPP Oxford Detachment 2014 Year End Report, as information. Carried. 7. Information Items 7.1. Correspondence OGRA-ROMA Combined Conference 8. Mayor 8.1. MYR 15-04 UPDATE - County of Oxford MYR 15-04 UPDATE - County of Oxford Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives report MYR 15-04 UPDATE - County of Oxford, as information. Carried. 9. Quarterly Reports 9.1. FIN 15-21 Financial Results 2015 First Quarter FIN 15-21 First Quarter Financial Results 2015 Actual Variances - Q1 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives report FIN 15-21 2015 First Quarter Financial results as information. Carried. 9.2. FIN 15-22 Finance Department 2015 First Quarter Results FIN 15-22 First Quarter Finance Department Results Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives report FIN 15-22 Finance Department 2015 First Quarter results, as information. Carried. 9.3. DCS 15-21 Building, Planning, By-Law Services 2015 First Quarter Report DCS 15-21 Building, Planning, By-Law Services 2015 First Quarter Report 10 April 27, 2015 Council Meeting – Minutes - 4 - Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report DCS 15-21 Building, Planning, By-Law Services 2015 First Quarter Report, as information. Carried. 9.4. Report DCS 15-19 Economic Development First Quarter Report Report DCS 15-19 Economic Development First Quarter Report Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report DCS 15-19 Economic Development First Quarter Report, as information. Carried. 9.5. FRS 15-05 Fire & Rescue Services 2015 First Quarter Results FRS 15-05 Fire & Rescue Services 2015 First Quarter Results Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive report FRS 15-05 Fire and Rescue Services 2015 First Quarter Results, as information. Carried. 9.6. OPS 15-10 Operations Services 2015 First Quarter Results OPS 15-10 Operations Services 2015 First Quarter Results Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 15-10, Operations Services 2015 First Quarter Results, as information. Carried. 9.7. RCP 15-19 Recreation, Culture and Parks 2015 First Quarter Results RCP 15-19 Recreation, Culture and Parks 2015 First Quarter Results 11 April 27, 2015 Council Meeting – Minutes - 5 - Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 15-19 Recreation, Culture and Parks 2015 First Quarter Results, for information. Carried. 10. Reports from Departments 10.1. Recreation, Culture & Park Services 10.1.1. Update to the Town of Tillsonburg's Trails Master Plan Draft Trails Master Plan Trails Master Plan Update Presentation Marib Pirzada, Recreation, Culture and Parks Services Coop student, was in attendance to share with Council the Draft Trails Master Plan. The Director of Recreation, Culture and Parks Services informed Council that a final version of the Trails Master Plan will be brought to Council at a later date. Council noted concerns from residents with the proposed routes of the trails, noting that additional consultation is necessary before moving forward. Letters from the concerned residents will be included in the minutes. Staff will also continue to use the public engagement processes moving forward. Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the update to the Town of Tillsonburg’s Trails Master Plan, as information. Carried. 10.2. Chief Administrative Officer 10.2.1. CAO 15-08 Community Transportation Pilot Program Steering Committee Terms of Reference Councillor Adam left Chambers at 7:02 p.m. and re-entered at 7:04 p.m. CAO 15-08 Community Transportation Pilot Program Steering Committee Terms of Reference 12 April 27, 2015 Council Meeting – Minutes - 6 - Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive report CAO 15-08 Community Transportation Pilot Program Steering Committee Terms of Reference; AND THAT Council approve the Community Transportation Pilot Program Steering Committee Terms of Reference as attached to report CAO 15-08; AND FURTHER THAT Council appoints Marty Graf as a representative of Community Living Tillsonburg; William Hett as a representative of Tillsonburg and District Multi-Service Centre; John Verbakel as a representative of Community Advocates Tillsonburg; Carolijn Verbakel as a representative of the Oxford County Social Planning Council, and; Councillor Stephenson representing the Town of Tillsonburg Council to the committee based on the membership criteria outline in the Community Transportation Pilot Program Steering Committee Terms of Reference. Carried. 10.3. Clerk’s Office 10.3.1. CL 15-14 Additional Committee Appointments CL 15-14 Additional Committee Appointments Amended By-Law 3876, Schedule “A” Appointments Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive report CL 15-14 Additional Committee Appointments, as information; AND THAT Council appoints Rick Lee, Richard Van Maele, Geoffrey Lee, Donna Scanlan, Euclid Benoit; Andre Brisson; Henry Atkinson, Jeremy Stockmans, John 13 April 27, 2015 Council Meeting – Minutes - 7 - Prno, Councillor Rosehart and Councillor Valerie Durston of the Township of South-West Oxford to the Airport Advisory Committee; AND THAT Council appoints Charlie Baldwin and Paul Wareing to the Heritage, Beautification and Cemeteries Committee; AND THAT By-Law 3904, to amend By-Law 3876 Schedule “A” Committee Appointments be brought forward for Council’s consideration. Carried. 10.4. Development and Communication Services 10.4.1. DCS 15-17 Appointment of By-Law Enforcement Officer DCS 15-17 Appointment of By-Law Enforcement Officer Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report DCS 15-17 Appointment of By-Law Enforcement Officer, as information; AND THAT a By-Law to appoint Dan Smukavich as a By-Law Enforcement Officer for the Town of Tillsonburg be brought forward for Council consideration. Carried. 10.4.2. DCS 15-16 Glendale West Subdivision - Road Naming DCS 15-16 Glendale West Subdivision - Road Naming Council discussed the use of a staff or committee maintained log to record the historical meaning and importance of specific street names. Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives report DCS 15-16 Road Naming - Glendale West Subdivision; AND THAT Council approve “McGuire Crescent” and “Nancy Court” as road names for the Glendale West Subdivision. Carried. 14 April 27, 2015 Council Meeting – Minutes - 8 - 10.4.3. DCS 15-20 Appointment of Deputy Chief Building Official DCS 15-20 Appointment of Deputy Chief Building Official Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report DSC 15-20 Appointment of Deputy Chief Building Official, as information; AND THAT a by-law to appoint Donald Johnson as a Deputy Chief Building Official, Property Standards Officer and Provincial Offences Officer for the Town of Tillsonburg be brought forward for Council consideration. Carried. 10.5. Fire and Emergency Services 10.5.1. FRS 15-06 Fire Communications Performance History FRS 15-06 Fire Communications Performance History FRS 14-01 Fire Communication Division Staff to promote and market for future contracts to provide communication services to other municipalities. Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive report FRS 15-06 Fire Communications Performance History, as information. Carried. 10.5.2. FRS 15-04 Municipality of Kincardine Fire Communications Contract FRS 15-04 Municipality of Kincardine Fire Communications Contract Agreement with the Municipality of Kincardine Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive report FRS 15-04 Municipality of Kincardine Fire Communications Contract, as information; 15 April 27, 2015 Council Meeting – Minutes - 9 - AND THAT Council authorizes the Mayor and Clerk to enter into an agreement with the Municipality of Kincardine for the provision of Fire Dispatch and Communications Services. Carried. 10.6. Operations 10.6.1. OPS 15-11 Results for Tender # T2015-003 Baldwin Street Storm Outlet Repair OPS 15-11 Results for Tender # T2015-003 Baldwin Street Storm Outlet Repair Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 15-11, Results for Tender # T2015-003 Baldwin Street Storm Outlet Repair; AND THAT Council award Tender # T2015-003 to Robert M. Simon Construction Ltd. of Waterford, Ontario at a cost of $58,805.07 (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 Robert M. Simon Construction Ltd. for the rehabilitation of the Baldwin St. storm outlet be brought forward for Council consideration. Carried. 10.6.2. OPS 15-12 Glendale West Subdivision Pre-Servicing Agreement OPS 15-12 Glendale West Subdivision Pre-Servicing Agreement Attachment 1 - Glendale West Subdivision Pre-Servicing Agreement with Performance Communities Realty Inc. Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report OPS 15-12 Glendale West Subdivision Pre- Servicing Agreement; AND THAT a By-law authorizing Mayor and Clerk to enter into the Pre-Servicing Agreement between the Town and Performance Communities Realty Inc. be brought forward for Council consideration. Carried. 16 April 27, 2015 Council Meeting – Minutes - 10 - 10.7. Recreation, Culture & Park Services 10.7.1. PRS 15-18 - Concession Lease 2015-2019 PRS 15-18 - Concession Lease 2015-2019 Concession Lease Agreement Deputy Mayor Beres and Councillor Rosehart left Chambers at 7:54 p.m. and re- entered at 8:04 p.m. The CAO briefly spoke to the Town’s Procurement Policy and the process that the tender was issued. The CAO noted that staff will review advertising practices for tenders as it is directed in the Procurement Policy. Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receive Report PRS 15-18 - Concession Lease 2015-2019, as information; AND THAT the concession lease be awarded to 2133439 Ontario Inc. O/A Chrissy’s Catering for the term of Sept. 1 2015 through May 31, 2019 at the annual rate of $6,300 plus HST; AND THAT a By-law be brought forward for Council’s consideration. Carried. 10.7.2. PRS 15-17 - Skate Shop Lease 2015-2019 PRS 15-17 - Skate Shop Lease 2015-2019 Skate Shop Agreement Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report PRS 15-17 - Skate Shop Lease 2015-2019, for information; AND THAT the skate shop lease be awarded to Tillsonburg Skate Shop/Michael Pappiaoannou for the term of Sept. 1 2015 through May 31, 2019 at the annual rate of $2,280 plus HST; 17 April 27, 2015 Council Meeting – Minutes - 11 - AND THAT a By-law be brought forward for Council’s consideration. Carried. 11. Committee Minutes & Reports 11.1. Committee Minutes Parks and Recreation Advisory Committee Minutes - March 10, 2015 Heritage, Beautification and Cemeteries Committee Minutes - April 2, 2015 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the minutes for the Parks and Recreation Advisory Committee and that minutes of the Heritage, Beautification and Cemeteries Committee, be received. Carried. 12. Notice of Motions 13. Resolutions Resulting from Closed Session 13.1. MYR 15-05 Update - CAO Performance Appraisal MYR 15-05 Update – CAO Performance Appraisal Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council has reviewed the material presented by the CAO Performance Appraisal Committee and that Report MYR 15-05, be received as information; AND THAT Council endorses the recommendations for 2015 Goals and Objectives and Remuneration as presented; THAT FURTHER THAT the work of the Review Committee be considered complete and that the Committee be disbanded. Carried. 14. By-Laws By-Laws from the Meeting of Monday, April 27, 2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council separate By-Law 3906, to Authorize a Lease Agreement between the Corporation of the Town of Tillsonburg and 2133439 Ontario Inc. O/A Chrissy’s Catering. Carried. 18 April 27, 2015 Council Meeting – Minutes - 12 - Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 3906, to Authorize a Lease Agreement between the Corporation of the Town of Tillsonburg and 2133439 Ontario Inc. O/A Chrissy’s Catering be read for a first, second and third reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. Carried. Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 3899, To Appoint a Municipal Law Enforcement Officer and Property Standards Officer for the Town of Tillsonburg; AND THAT By-Law 3900, To Appoint a Deputy Chief Building Official, Municipal Law Enforcement Officer and Property Standards Officer for the Town of Tillsonburg; AND THAT By-Law 3901, To Appoint Directors to that Board of Management for the Tillsonburg Business Improvement Area (BIA); AND THAT By-Law 3902, Being a By-Law to Amend Zoning By-Law 3295 (Tilson Property Investments, ZN 7-15-02; AND THAT By-Law 3904, to Amend Schedule “A” of By-Law 3876, being a By-Law to Define the Mandate, Membership, and Meeting Procedures for Committees (Schedule “A” Appointments); AND THAT By-Law 3907, to Authorize a Lease Agreement between that Corporation of the Town of Tillsonburg and that Tillsonburg Skate Shop / Michael Pappiaoannou Catering (Schedule "A" Skate Shop Agreement); AND THAT By-Law 3908, to Authorize an Agreement between that Corporation of that Town of Tillsonburg and Performance Communities Realty Inc; AND THAT By-Law 3910, to Authorize an Agreement for Fire Communication Services with the Municipality of Kincardine (Schedule “A” Fire Communications Agreement Kincardine); AND THAT By-law 3909, to confirm the proceedings of Council at its meetings held on the 27th of April, 2015, be read for a first, second and third reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. Carried. 15. Items of Public Interest 19 April 27, 2015 Council Meeting – Minutes - 13 - 16. Adjournment Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, April 27, 2015 be adjourned at 8:40 p.m. 20 21 22 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEET¡NG DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Do you or any members of your party require any accessibility accommodations? ! Yes No fl1 - 6?t -7o ttI -7o . t1E1 Website: lf yes, how can we assist? 3t Ðashi¡þn q fls Should you require assistance completing this form, please contact: Deputy Clerk at 51 9-688-3009 Ext. 3221 or jbunn@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. GoMPLETE PAGE TWO (2) OF THIS FORM 23 Delegation lnformation (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month) Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Sotøsfian Fardl ì1" - Pruíünl Ai,Àa¿l Paparion".o1t - Ùíctr|o- Gr o'1t høb r,¡s - 0írr.to. T¡ llton["1 /4ívtor loc¿.rr CLqb Brief Summary of lssue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation ! Yes nNo Have you been in contact with a Staff member regarding the Delegation topic? S nNo lf yes, please list the Staff membe(s) you have been working with? lacknowledge Delegations are limited to fifteen (15) minutes each: accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: accept ¿lr 6 Prt¡tnT,* {h. ct^b Rblut ç ìry 4* o{""t \ ics rt ["t rtJ. þ 'goo^Kon' ¡\, odolrtp 7t'nrsJ c.<,'ta¡^s rv,Lv¡-lc¿¡S , 09r pos.h fv. D.\, $.cc<' ltr^rY,* tt-¡ øIntL As c-c It ñ^, Ohf 24 Personal information on this form is collected under the legal authority of the Municipal Acf, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of lhe Municipal Freedom of lnformation and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street,2nd Floor, ïllsonburg, ON, N4G 547, Telephone 519-688-3009 ExL3224. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 STAFF REPORT DEPARTMENT Report Title: SPECIAL AWARDS COMMITTEE Report No.: CL 15-15 Author: Donna Wilson Meeting Type: COUNCIL MEETING Council Date: MAY 11, 2015 Attachments: SPECAIL AWARDS COMMITTEE TERMS OF REFERENCE VOLUNTEER AWARDS PROGRAM RECOMMENDATION: THAT Council receives Report CL 15-15, Special Awards Committee; AND THAT Staff place an ad for Special Awards Committee members in the local newspaper under Tillsonburg Update. EXECUTIVE SUMMARY Council will recall that at the council meeting of April 13, 2015, the Mayor put forward a motion directing Staff to prepare a report supporting the introduction of a Volunteer of the Month Award and that any additional aspects to facilitate the direction be included. Staff have drafted a Terms of Reference for a Special Awards Committee and a Volunteer Awards Program, which is provided for Council’s review. The committee’s mandate would be to receive nominations for a monthly volunteer award and to organize a yearly social event to recognize municipal volunteers. The volunteer of the month may be an individual who is a member of a council appointed committee or any member of the public who volunteers their time in Tillsonburg or the surrounding area which benefits the municipality and its residents as a whole. The committee would be composed of three community members, the Mayor, one Councillor and a staff liaison. The members will be appointed by Council and the term shall coincide with the term of Council. The committee will hold a minimum of six meetings a year or as many as is required to fulfil their mandate. Nomination forms may be collected and reviewed in groups allowing for a number of volunteers of the month to be chosen by the committee at one meeting. The Committee Chair 43 would then bring the recommendation forward on a monthly basis at the second meeting of every month. CONSULTATION/COMMUNICATION Staff has consulted with a number of municipalities regarding best practices for recognizing volunteers within their communities. There were no other municipalities who provided monthly awards for volunteerism but the majority of those municipalities polled provided some sort of volunteer awards event be it yearly or to coincide with a council’s term. The following chart indicates the municipalities who responded to the poll. VOLUNTEER AWARDS Municipality Annual Monthly Orillia X Commemorative awards by Nomination Barrie X Order of the Spirit Catcher Committee – 2 council members, 1 community member – award to 2 youth, 2 adults for contributions to the community – at council meeting Township of Severn X- every 4 yrs Council decides Town of Petrolia X Yearly dinner for all volunteers and award for volunteer of the year - Initial selection staff, Mayor makes final decision County of Lambton X East-Zorra Tavistock X $30.00 gift card at Christmas Have a Senior Citizen of the Year award South-West Oxford X Volunteer Appreciate Night buffet dinner Zorra Nothing Blandford Blenheim Nothing Norwich Nothing Ingersoll Nothing Woodstock X Yearly social event at Mayor’s discretion While it appears volunteer of the month may not be a popular form of recognition, it may be a valuable precedent to start again. Similarly, previous efforts to recognize volunteers may have been a challenge as there was no formal nomination form or process in place which allowed citizens to submit nominations. As such, this process will reach out to the community at-large and shall include the service clubs, sporting organization, and town advisory committees. Certainly, we all know and recognize that a municipality this size owes much of its successes to volunteerism and without those volunteers we would not be able to do the things we do. Page 2 / 3 CAO 44 COMMUNITY STRATEGIC PLAN IMPACT A Special Awards Committee will demonstrate culture & community by making Tillsonburg an attractive place to live. FINANCIAL IMPACT/FUNDING SOURCE There will be no financial impact for the volunteer of the month for a number of years as there currently is a large stock of volunteer pins. Any costs for annual social events and volunteer recognition events will be approved through the yearly budget process. Page 3 / 3 CAO 45 Special Awards Committee TERMS OF REFERENCE Mandate: To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. Goals for 2015-2018 Term: The Special Awards Committee will ensure volunteer service recognition nomination packages are available to the community which shall include various community groups including service clubs. 1.0 Role of the Special Awards Committee 1.1 Receive nominations for volunteer recognition; 1.2 Advise Council and make recommendations for volunteer recognition of a volunteer of the month, 1.3 Based on the approved Council budget organize an annual social event for Town volunteers. The event shall be organized in partnership with the Clerk’s office. 2.0 Organization of the Committee: The Committee should be composed of people residing within or around the Town of Tillsonburg who demonstrate a strong commitment to the terms of reference. A cross section of people should attempt to be chosen in order to bring to the committee a variety of advocacy, communication and organizational skills. 2.1 Vacancies will be advertised in the local newspaper, on the Town’s website as well as various forms of social media as per Town's procedures for Committees of Council. 2.2 Committee Members will be appointed by Council. The composition will be three community members and two Council members. 2.3 The term of a Committee Member is four (4) years to coincide with the term of Council. 2.4 Additional members may be appointed throughout the term. 46 2.5 One member will be appointed by vote of the committee at the first meeting of each term to chair the meetings for that year. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.6 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 six (6) meetings a year or as required. 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 Council appointed Committee Members will constitute quorum for the transaction of business. 3.6 The members may meet occasionally informally to discuss issues as warranted. 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. 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 5.0 Role of Vice-Chair In the absence of the Chair, the Vice-Chair shall assume the full responsibilities of the Chair as listed in points 4.1 to 4.7 inclusive. 6.0 Role of the Secretary: The Secretary is responsible for insuring a complete up to date record for the Committee. 6.1 In liaison with the Chair, arrange date, time and venue for meetings. 6.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 47 6.3 Circulate draft minutes to the members. 6.4 Keep a complete up to date record of the committee minutes. 7.0 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: 7.1 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. 7.2 Review all information supplied to them. 7.3 Prepare information for use in the development of materials for the Committee. 7.4 Promote the role of the Committee. 7.5 Offer input to committee reports to Council. 7.6 Attend training as required to effectively perform their role as a committee member. 7.7 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. 8.0 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: 8.1 Acting as an information resource. 8.2 Orientation of Committee members at the first meeting after Council appointment. 8.3 Assist the Committee in its reporting to Council (see Sec. 9.0). 8.4 Provide correspondence to the Committee. 9.0 Reports to Council: The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 9.1 Verbally by a Council representative. 9.2 Verbally by the Committee Chair or the designated Committee representative. 9.3 Minutes from the Committee meetings 9.4 Written reports An annual report will also be submitted to Council at the beginning of each new year outlining a list of the volunteers recognized in the previous twelve months. 48 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY VOLUNTEER SERVICE RECOGNITION PROGRAM APPROVAL DATE: REVISION DATE: Page 1 of 4 SCHEDULES A. Policy Statement Volunteerism is the lifeblood of any modern, caring neighbourhood, town, and city. Volunteering is so pervasive it's invisible. We take for granted all the things that have been pioneered by concerned, active volunteers. This policy shall attempt to ensure that volunteers are recognized for their many hours of contributions to the community. B. Purpose To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. C. Scope Nominations for the Volunteer of the Month award will be accepted year round. Any individual, group or organization may nominate a citizen for their contributions to the Tillsonburg Community. D. General 49 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY VOLUNTEER SERVICE RECOGNITION PROGRAM APPROVAL DATE: REVISION DATE: Page 2 of 4 SCHEDULES This program shall be administered by the Clerk’s Office. This program shall be referred to as the “Volunteer Service Recognition Program”. This program comes into force and effect on the date adopted. E. Authority The Council of the Corporation of the Town of Tillsonburg shall approve and present all volunteer service awards. F. Program Section 1 - Nominations - Federal and Provincial Information received respecting Federal and Provincial award nominations will be posted on the Towns website as well as the Council Agenda as information. Section 2 - Nominations - Municipal Program Any member of the public may access the Nomination Package (Schedule “A”). To be eligible for Municipal Volunteer Service Recognition, nominees must have provided continuous service, be alive (posthumous recognition would only be provided through a direct/written request to Council) and must be 50 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY VOLUNTEER SERVICE RECOGNITION PROGRAM APPROVAL DATE: REVISION DATE: Page 3 of 4 SCHEDULES a volunteer within the Town of Tillsonburg. Consideration of volunteer service commitment within the County of Oxford may be included (i.e. United Way, Red Cross, etc.). There are four (4) main categories identified under continuous volunteer services: 1. sports/recreation 2. cultural/heritage 3. seniors 4. civic Complete nominations would include a description of the volunteer service provided, length of volunteerism and reasons as to why the individual should be recognized. All nominations shall be forwarded to the Clerk’s Office. All nominations will be reviewed by the Special Awards Committee. At the second Council meeting of each month, the Special Awards Committee will present Council with a recommendation to recognize one or more local volunteers for a Municipal Volunteer Service Recognition Award. Volunteers who have made a significant continuous service contribution to any or all of the four main categories would be acknowledged with a Certificate signed by the Mayor and a municipal pin. Ceremony and Reception 51 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY VOLUNTEER SERVICE RECOGNITION PROGRAM APPROVAL DATE: REVISION DATE: Page 4 of 4 SCHEDULES Council may host a formal event to acknowledge the recipients once every four years, during the first year of a Council’s term of office. This event may occur in conjunction with the Town’s Advisory Committee Recognition Awards. Guests may be invited and are encouraged to attend. Mayor and Council would be involved in the presentation of the awards. 52 Tillsonburg Special Awards Committee NOMINATION FORM: VOLUNTEER RECOGNITION AWARD * Please print in blue or black ink Name of Individual Being Nominated Last First Middle Date of Birth ( DD / MM / YYYY) / / / Current Address Phone ( ) - Email address (if applicable) Summary of Volunteer Activities: Special Awards Committee Volunteer of the Month Nomination Form_2007 53 Other information (or a source of information) considered important: If additional space is needed in any of the above categories, be sure to attach ALL pages with this form. Please note that in order for the nomination to be considered, all information must be completed. Nominator Name of Nominator (print) Date of This Nomination Address Email Address Postal Code Home Phone Business Phone Signature of Nominator Please submit nomination forms to the attention of: Lana Lund, Corporate Executive Assistant (519)842-6428, ext.3225 Delivery Options: Email: llund@tillsonburg.ca Mail: Town of Tillsonburg Corporate Office 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 In person: Town of Tillsonburg – Corporate Office 200 Broadway Street, 2nd floor (Town Centre Mall) * Please submit form in a sealed envelope Special Awards Committee Volunteer of the Month Nomination Form_2007 54 STAFF REPORT FINANCE Title: 2015 BUDGETARY ESTIMATES AND TAX RATES Report No.: FIN 15-23 Author: DENIS DUGUAY Meeting Type: COUNCIL MEETING Council/Committee Date: MAY 11, 2015 Attachments: 2015 FINAL LEVY BY-LAW 3905 RECOMMENDATION THAT Council receives report FIN 15-23 2015 Budgetary Estimates and Tax Rates. AND THAT By-Law No. 3905 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2015 be brought forward for Council consideration. EXECUTIVE SUMMARY To present the By-Law adopting the 2015 budgetary estimates and tax rates to Council for consideration. BACKGROUND At the Council meeting held on February 9, 2015, Council adopted the 2015 budget and business plans establishing a requirement from taxation for general purposes of $13,080,015. To meet this levy requirement, tax rates founded on the 2012 current value phase-in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. Attached is By-Law No.3905 specifying the approved levy amount along with Schedule “A” that provides for the applicable calculated 2015 tax rates to generate the levy amounts for each requisitioning body. The By-law will be brought forward later in this meeting for three readings. 1 CAO 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 3905 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2015. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2015, and endorsed by resolution, February 9th, 2015, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $13,080,015 . B) A special levy for core area parking of $139,460. C) A special levy for the Business Improvement Area of $112,350. 2) That the tax rates hereby adopted for each class for the year 2015, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 27, 2015 SECOND INSTALMENT Thursday, October 29, 2015 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2015 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2015, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 56 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2015 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 11th DAY OF MAY, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MAY, 2015. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 57 TOTAL BASE RTC/RTQ GENERAL COUNTY SEWERS EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00723594 0.00424770 0.00024507 0.00195000 0.01367871 0.00121120 0.01488991 MT MULTI-RESIDENTIAL 0.01982648 0.01163870 0.00067149 0.00195000 0.03408667 0.00331868 0.03740535 CT COMMERCIAL 0.01376131 0.00807827 0.00046607 0.01430000 0.03660565 0.00230345 0.00184882 0.04075792 XT COMMERCIAL NEW CONSTRUCTION 0.01376131 0.00807827 0.00046607 0.01190000 0.03420565 0.00230345 0.00184882 0.03835792 CU VACANT UNITS/EXCESS LAND 0.00963292 0.00565479 0.00032625 0.01001000 0.02562396 0.00161242 0.00129417 0.02853055 CX VACANT LAND 0.00963292 0.00565479 0.00032625 0.01001000 0.02562396 0.00161242 0.00129417 0.02853055 XU COM'L NEW CONST. - EXCESS LAND 0.00963292 0.00565479 0.00032625 0.00833000 0.02394396 0.02394396 IT INDUSTRIAL 0.01903052 0.01117146 0.00064453 0.01530000 0.04614651 0.04614651 JT INDUSTRIAL NEW CONSTRUCTION 0.01903052 0.01117146 0.00064453 0.01190000 0.04274651 0.04274651 IU VACANT UNITS/EXCESS LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 IX VACANT LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 LT LARGE INDUSTRIAL 0.01903052 0.01117146 0.00064453 0.01530000 0.04614651 0.04614651 LU VACANT UNITS/EXCESS LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 PT PIPELINES 0.00911222 0.00534913 0.00030862 0.01046182 0.02523179 0.02523179 FT FARMLAND 0.00180899 0.00106192 0.00006127 0.00048750 0.00341968 0.00341968 R1 FARMLAND DEV PH 1 0.00325617 0.00191147 0.00011028 0.00087750 0.00615542 0.00615542 TOWN OF TILLSONBURG Schedule "A " to By-Law 3905 2015 TAX RATES 58 STAFF REPORT OPERATION SERVICES Report Title: Results for Proposal Request RFP 2015-004 Road Condition Assessments Report No.: OPS 15-13 Author: Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type: COUNCIL MEETING Council Date: APRIL 27 , 2015 Attachments: NONE RECOMMENDATION: THAT Council receive Report OPS 15-13 regarding RFP 2015-004 results for consulting services to provide road condition assessments of the entire municipal road network; AND THAT Council award RFP 2015-004 to IMS Infrastructure Management Services of Cambridge, Ontario at a total estimated fee of 19,319.00 (excluding HST) the highest scoring proposal received; AND THAT a B y-law authorizing Mayor and Clerk to enter into an agreement with IMS Infrastructure Management Services for the consulting services be brought forward for Council consideration. SUMMARY Request for Proposal RFP 2015-004 Road Condition Assessments was issued to acquire the necessary consulting services to perform roadway condition assessments of the entire municipal road network. The purpose of this project is to establish a baseline road condition data set of all municipal roads, which will be utilized in the Town’s asset management plan and analyzed to assist in developing a pavement management strategy and prioritizing the capital works program. The RFP was advertised on the Tillsonburg website, the Tillonsburg News and on Biddingo with a total of five (5) valid proposals received. Town staff reviewed and scored the five (5) proposals based on the scoring tool that was included in the RFP. The scoring tool is as follows: Corporate Qualifications & Experience 15 pts Project Team 15 pts Approach & Methodology 20 pts Quality Assurance & Control 15 pts Schedule & Work Plan 15 pts Proposed Fee 20 pts Total Score 100 pts 59 The proposed fee of the received proposals varied from $8,903 to $98,435. The scoring results from the Evaluation Committee are summarized in the table below: Proponent Total Score 1. IMS Infrastructure Management Services 73.4 2. MMM Group Limited 70.2 3. Golder Associates Ltd. 69.4 4. Amec Foster Wheeler Limited 64.2 5. EXP Services Inc. 54.4 IMS Infrastructure Management Services have strong experience and background that directly relates to the type of work contemplated for this project and it is staff’s recommendation that IMS Infrastructure Management Services be retained for this assignment as their proposal was determined to be the best overall. CONSULTATION/COMMUNICATION The Director of Operations, Manager of Engineering, Manager of Roads, Senior Operations Technologist, and Asset Management Technician were consulted during the evaluation. It is anticipated that this project will be completed by mid-summer. FINANCIAL IMPACT/FUNDING SOURCE This project is fully funded by a portion of the $54,870 OCIF formula-based grant, the remainder of which is expected to be utilized in the sewer CCTV inspections as per the approved Operations Business plan. Page 2 / 2 CAO 60 STAFF REPORT RECREATION, CULTURE & PARKS Title: Soccer Park Safety Fence Report No: RCP 15-15 Author: Rick Cox, Director of Recreation, Culture & Parks Meeting Type: COUNCIL MEETING Council/ Committee Date: MAY 11, 2015 Attachments: 1. Fence Options Sketch 2. Fence Location Sketch 3. By-law 2988 – Soccer Park Agreement RECOMMENDATION THAT Council receive Report RCP 15-15 – Soccer Park Safety Fence; AND THAT staff proceed with tendering the immediate installation of a wayward ball barrier at the recommended locations within the soccer park; AND THAT Council authorizes a variance to the Fencing By-Law to permit over-height fence sections within the Tillsonburg Soccer Park. EXECUTIVE SUMMARY A permanent, tall barrier is required at the Tillsonburg Soccer Park to prevent wayward soccer balls from leaving the property and interfering with the adjacent new subdivision development during and after construction. Barrier options considered were a chain link/nylon mesh combination or a chain link only fence. Location options considered included right on the property line, or anywhere from 10’ inside the property line to 19.5’ inside the property line where there is an existing 4’ chain link fence. Staff recommends that a 20’ barrier is installed to replace the existing 4’ chain link on the North field, and that a 20’ barrier is installed just inside the property line beside the fields South of the Clubhouse. BACKGROUND The Town and our tenant, the Tillsonburg Minor Soccer Club (TMSC), are under an obligation to ensure that reasonable measures are taken to prevent wayward balls leaving the Tillsonburg Soccer Park property. Until now, this has not been made an issue of by the adjacent landowners or their tenant farmer. Now that a subdivision is under construction next door to the Soccer Park an attempt must be made to prevent wayward balls from entering the construction site and the backyards of the homes that are to be built there. Many configurations have been considered over the last several months as Town staff has worked towards achieving a workable compromise that meets the requirements of all RCP 15-15 - Soccer Park Safety Fence 1/4 61 parties affected by this issue. As of the writing of this report, the only party that has committed any funds to the solution is the Town. Mesh vs Chain Link TMSC has recommended chain link as the most cost-effective solution over the long term and have chosen this solution for the safety fences elsewhere in the soccer park. The developer has indicated a preference for a mesh barrier that could be unfurled for the soccer season and rolled up when the season is over. It is not appropriate to bring a mesh barrier all the way to the ground as the mesh can easily be damaged, so a minimum 4’ chain link fence combined with a 16’ nylon mesh screen is the recommended alternative to a full 20’ chain link fence. Preliminary budget pricing secured in December initially led staff to the conclusion that the cost for a mesh/chain link combination was prohibitive. A formal tender process will secure pricing for both options, but more detailed costing has shown that the mesh/chain link combination will likely be cheaper to install than straight chain link which is in the $70,000-$100,000 range. The mesh/chain link combination can be left up year-round as the Town has done at the Optimist ball diamonds, but the deterioration of the mesh is more rapid. A better option for longevity is to furl and unfurl the mesh seasonally. A mesh system that is furled on a seasonal basis could have a reduced visual impact on the proposed development when it is furled. There are systems available that use pulleys, etc. but the additional cost and reliability is uncertain at this point. The more common method of furling is with a bucket truck, and consultation with other municipalities suggests a reasonable annual maintenance budget for the planned barrier would be $3,000. Location Options There are three location options that have been considered, as shown on the attached diagrams: 1. Just inside (6”) the property line. 2. The existing North field fence line, approximately 19.5” from the property line. 3. Approximately 14.5’ from the property line, the minimum recommended separation from the existing overhead hydro line beside the North field. A further consideration is whether the line should be consistent for the entire length of the soccer park, or whether a different line can be used for the section South of the Clubhouse where no overhead hydro needs to be accommodated. Other Considerations The Electrical Safety Authority (ESA) Inspector has confirmed that the Electrical Code would not prohibit the placement of a 16’ barrier right under the hydro line adjacent to the property line. This location is TMSC’s preferred solution and likely would have some cost savings over the recommended option due to the lower height. The Inspector strongly advised against this option as although it does not contravene the Electrical Code, it was seen as a high risk location. The Town’s insurance company agrees with the ESA’s recommendation. The Developer has indicated a strong preference for the barrier to be placed as far away from the property line as possible while TMSC has indicated a preference for the barrier to RCP 15-15 - Soccer Park Safety Fence 2/4 62 be placed as far away from the soccer fields as possible. The critical factor affecting the placement along the North field is the overhead power line located just inside the property line, which affects the options available in terms of height and requires that maintenance access be provided. Another factor along the whole length of the soccer park is the line of trees planted by TMSC to provide shade and aesthetics. A third factor is that there is a narrow 10’ easement provision along the whole length of the property line that requires the easement area be available for use as storm water drainage for a portion of the adjacent development. The Town’s Fencing By-Law (#3058) establishes maximum fence heights. The highest fence permitted under the By-Law is 9.9’ (3.0m). The proposed fence exceeds that height and also certain set-back restrictions established in the By-Law. RCP staff recommends that a variance be authorized for this circumstance. Recommended Location After reviewing the potential locations and a comprehensive consultation noted below, the recommendation from Recreation, Culture and Parks staff is to install a 20’ barrier as a replacement to the existing 4’ fence on the East side of the North field, approximately 19.5’ from the property line. This location maximizes the width of the corridor for safe access to the hydro line, allows the barrier to take advantage of the grounding from the field lighting system, and simultaneously minimizes the impact on the existing trees while maximizing their potential to screen the barrier and the light pollution from the residences that will be built adjacent to the area. TMSC has requested that if this location is chosen despite their objections, provision be made in the barrier for openings so the two players benches can be recessed into the fence. It is uncertain at this point whether there are additional costs associated with this request. South of the Clubhouse where there is no hydro line to accommodate, RPC staff recommends that a 20’ barrier be positioned just inside the property line. The small gap between the 6’ privacy fence being constructed on the subdivision side of the property line and the barrier on the Town side of the property line would create a 6-12” strip that will be inaccessible for maintenance. A row of cedars could be planted on the soccer park side of the fence that over time could grow up to hide the barrier (see image). Alternatively, weed control could be applied as needed. CONSULTATION/COMMUNICATION Input on the preferred location was sought and received from THI, Town Operations staff, Town By-law Enforcement staff, the Electrical Safety Authority, Tillsonburg Minor Soccer Club, and Hayhoe Homes. Further advice and guidance was obtained from the Town’s insurance company and the Town’s legal advisor. Both TMSC and the Developer contributed verbal and written comments to the public meeting held on December 8, 2014, by Tillsonburg Council. Further comments from both parties were submitted to the County’s public meeting held on January 15, 2015. RCP 15-15 - Soccer Park Safety Fence 3/4 63 Communication has been received by the Town from a lawyer representing TMSC. In the letter, the Town is advised of TMSC’s objections to the recommended North field barrier location and to the emergency access to the subdivision through the soccer park provided for in the approved Draft Plan of Subdivision. Their objections are based on the clause in the existing agreement between the Town and TMSC (By-Law 2988) which states that the “Club shall have priority use of the property for the use of its members as a Soccer Facility.” FINANCIAL IMPACT/FUNDING SOURCE The approved 2015 Capital Budget includes $50,000 as a contribution to reserve for the purposes of establishing the required barrier. The cost of the barrier will certainly exceed the $50,000 allocation. As of the writing of this report, neither TMSC nor the Developer has come forward with any financial contribution to the barrier solution, nor have either been asked by Town staff to do so. However, all parties are aware that the Town’s budget does not currently have an allocation that is sufficient to fund the whole solution. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A RCP 15-15 - Soccer Park Safety Fence 4/4 64 16 ’ b a r r i e r 20 ’ b a r r i e r approx 19.5’ separation approx 14.5’ separation (minimum to clear hydro lines) SKETCH IS NOT TO SCALE Recommended option: 20’ barrier on existing eld fence line Option not supported 16’ barrier on property line Option not supported 20’ barrier at 14.5’ from property line (requires removal of trees) Tillsonburg Soccer Park Fence Options Sketch North Field 65 Property line North eld fence South elds fence 66 67 68 69 STAFF REPORT RECREATION, CULTURE & PARKS Title: Tillsonburg Dog Park Recap Report No: RCP 15-20 Author: Rick Cox, Director of Recreation, Culture & Parks Meeting Type: COUNCIL MEETING Council/ Committee Date: MAY 11, 2015 Attachments: DOG PARK DOCUMENTS 2008-2009 DOG PARK REPORT 2009 RISK MANAGEMENT CONSIDERATIONS RECOMMENDATION THAT Council receive Report RCP 15-20 – Tillsonburg Dog Park Recap for information. EXECUTIVE SUMMARY Council requested a recap of the history about any initiatives to establish a dog park in Tillsonburg. BACKGROUND Attached are a series of minutes and documents arising from previous work by the Parks & Recreation Advisory Committee, the Tillsonburg Dog Park working group, Council and staff. By way of summary, a significant amount of effort to decide on a location was expended. Locations already in public ownership that were evaluated included: • Kiwanis Ball Diamond (winter only) • Gyulvesi Park • Cadman Park • Tillsonburg Transfer Station • Memorial Park area • Elliott Fairbairn School grounds Other locations were considered for acquisition by the Town for the purpose of establishing a dog park. In the 2009 Capital budget $30,000 was identified as for a establishing a dog park, but the source of the funds was designated as a combination of grants and fundraising. The project was carried forward to 2010. No funds were secured so the project was eliminated for the 2011 capital budget. Frank Cowan Company provided some risk management advice regarding off-leash dog parks. The most current version of this advice is also attached as information. RCP 15-20 - Tillsonburg Dog Park Recap 1/2 70 CONSULTATION/COMMUNICATION N/A FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A RCP 15-20 - Tillsonburg Dog Park Recap 2/2 71 The Corporation of the Town of Tillsonburg REPORT DATE: October 31st, 2008 TO: Cynthia Hildebrand, Director of Community Services FROM: Janet McCurdy, Recreation Program Manager SUBJECT: OFF- LEASH DOG PARK Purpose To explore the placement of an Off-Leash Dog Park in Tillsonburg Recommendations - Trial Run – Kiwanis Ball diamond o Will use this location over the winter to test pilot the interest of a future off-leash dog park in Tillsonburg o Time Line Immediately, upon completion of new gated entrance and other entrances are blocked off o Cost Budget of $500.00 • Install a small section of fencing to create a double gated entrance (see Considerations –Entrances) • Roll of snow fence to close off small unfenced areas of ball diamond o Formation of a Committee/Group of volunteers to help with enforcement of rules, reporting maintenance concerns, and take on fundraising tasks if needed o Over the winter months, park will be evaluated by surveying park users and keeping track of approximately how many users in a week o Kiwanis Ball Diamond user groups will be contacted prior to the opening of the Dog park to notify them of the winter months use of the diamond Any damages will be repaired before the spring season DOG PARK REPORT TO COUNCIL OCT 2008 1 72 The Corporation of the Town of Tillsonburg o Hold a public information night to discuss the wants and needs of the community. Contact local “dog experts” (veterinarians, dog trainers, owners) to speak about: • Benefits • Advantages/Disadvantages • Known issues (social aspect, dogs running in pacts, disease) • What features should be included in the park - Future Placement o Gyulveszi Park o Cadman Park Will need to allocate capital for 2009 if Trial run is a success. Total amount will depend upon size and features of the park - Suggested Rules Town of Tillsonburg’s Leash Free Dog Park This Park is intended for leash free dog walking. It is not recommended that leashed dogs are walked in this park. Please remove your dogs leash after entering the park. For the good functioning of the off- leash area, users are required to respect the following rules. o Open from 6 am to 10pm (Ball Diamond Lights will be on timer) o Up to date vaccinations and license tags required o Use the off-leash area at your own risk o Leash your dog while entering and exiting o Keep your dog within sight and under verbal control o Clean up after your dog o Do not allow your dog to chase wildlife o No puppies under 4 months, female dogs in heat, sick dogs or aggressive dogs o Dogs required by law to be leashed and muzzled must remain so while in the off-leash area o No glass containers, food or toys o Children must be supervised by an adult o Parents are advised this site is not suitable for young children DOG PARK REPORT TO COUNCIL OCT 2008 2 73 The Corporation of the Town of Tillsonburg Things to Consider • Who is Responsible? o Who will maintain and how (maintenance, daily checks)? o Will there be rules and regulations? Who will enforce these rules and regulations? o Is there a core group of volunteers who will maintain the park? • Small Dogs/disabled – Separate hours? Or Separate fenced in areas? • Costs o Charge a membership fee? • Have park monitored by a core group of park goers to eliminate staffing costs o Forming a Friends of Dogs group (example: The City of London has a board of members for each individual dog park) Discussion Advantages • Dog socialization o Dogs get to play with new friends and learn from each other • People socialization advantages o Dog oriented people can meet and interact o Doggy play dates can be arranged o Excellent venue for community oriented functions • Physical and Mental Stimulation o Excellent source of off-leash exercise for active dogs o Adequate physical and mental exercise lessens destructive and annoying behaviors o A tired dog is a well behaved dog o Humans cannot play with a dog like dogs play with each other. • Educational advantages o Owners can learn from other owners through conversation and observation of other dogs • Community Advantages o Dog parks lessen the chances of owners letting their dogs off-leash in other parks or green spaces in the community DOG PARK REPORT TO COUNCIL OCT 2008 3 74 The Corporation of the Town of Tillsonburg Disadvantages • People o Aggressive dogs o Physical injury from dog related hazards o Lawsuits from dog fights o Parasites/diseases • Dogs o Aggressive dogs o Parasites and disease o Over excitement and lack of control o Injury of dogs • Community o Individuals will not understand the concept and will abuse the park Won’t pick up after their dog Leave dog unattended Allow inappropriate behavior o Liability issues o Potential for noise o Disease and Parasites Most dogs should be fully vaccinated and spayed or neutered before entering the park Considerations: Entrance: To prevent fights between entering dogs and dogs in the park the entrance should be far from the main center of dog activity. The entrance should involve a double gate design to minimize escaping dogs. Entrance locations should be near parking lots to prevent dogs watching approaching dogs and sizing them up. Having more than one entrance is preferred. Entrances in corners of parks can be a threat to entering dogs from dogs rushing to meet new dogs and being cornered in a 90 degrees escape angle, where as dogs entering from the side have 180 degrees. If possible eliminating 90 degree or less fence angle corners in the park completely to eliminate bullying is recommended. Surface: Decomposed granite is the most durable dog park surface. Decomposed granite needs no water except to manage dust in high wind areas. Decomposed granite is weathered granite and is material that is non water absorbing. Decomposed granite is easily brushed from a dog’s fur; it is more sterile than soil as it is devoid of organic material and microbial life present in soil that will support the growth of grass and diseases. Grass dogs parks require mowing and maintenance costs, and consistent DOG PARK REPORT TO COUNCIL OCT 2008 4 75 The Corporation of the Town of Tillsonburg watering as grass areas can become worn from high foot and paw traffic causing patchy areas leading to dust and mud. Grass is also incompatible with dog urine. Separation of large and small dogs: It can be dangerous to take a small dog to a park frequented by large dogs. Large dogs may not mean to hurt the smaller dogs, but they can play too rough, or they may see the small dog as a prey animal which can be fatal. Having two areas, 1 for larger dogs and 1 for smaller, older and injured dogs is recommended. Size: There must be enough space so dogs do not become crowded. It is much easier for a bully or a pack of dogs to corner and harass another dog. Fights tend to break out more often under crowded conditions. Areas of 4 Acres or more are recommended. See Appendix B for Examples Amenities & Features: • Drinking water for children, adults and dogs is recommended. – Dogs can’t cool themselves as efficiently as humans since they do not sweat. If no water is available, they can suffer from heatstroke. • Rest room accommodations close by • Covered/shaded areas with lots of trees. • Seating areas or Benches – wood is preferable to metal as it is not damaging to dogs. The surfaces should be incapable of allowing dogs limbs to get stuck in. • Fencing of the park should be 4 to 6 feet high, the higher the better to prevent dogs from jumping over. • Bulletin Board for rules and notices for users and possible formations of user groups (friends of dogs) • Rules posted – with hours of operation – See Appendix A • Garbage cans for cleanliness and disposal of dog waste • Provision of plastic bags to clean up dog waste – many canine diseases are spread through feces, and feces attract insects which can spread diseases to humans. • Natural visual barriers with the park – this can include hills, trees, and bushes. They will create a more enjoyable environment for both dogs and humans. Dogs can use these natural barriers to remove themselves from high traffic areas or bullying dogs. Once a dog is out of sight the bullying dog will lose interest and move onto other activities • “Fun Stuff” – A park that provides equipment for dogs to practice their natural skills is an exceptional park. Having some basic agility equipment is a fun way for dogs and owners to interact together. DOG PARK REPORT TO COUNCIL OCT 2008 5 76 The Corporation of the Town of Tillsonburg Appendix A – Examples of Park Rules City of London – Source www.london.ca Rules of the off-leash area For the good functioning of the off-leash area, users are required to respect the following rules: - Open from 6 am to 10pm - Up to date rabies and license tags required - Use the off-leash area at your own risk - Leash your dog while entering and exiting - Keep your dog within sigh and under verbal control - Clean up after your dog - Do not allow your dog to chase wildlife - No puppies under 4 months, female dogs in heat, sick dogs or aggressive dogs - Dogs required by law to be leashed and muzzled must remain so while in the off-leash area - No glass containers, food or toys - Children must be supervised by an adult - Parents are advised this site is not suitable for young children - Off-leash area users are subject to the dog owners’ liability act City of Woodstock Leash Free Dog Park Rules This Park is intended for leash free dog walking. It is not recommended that leashed dogs are walked in this park. Please remove your dogs leash after entering the park - No food or toys are permitted into the off-leash area - Parents are strongly advised that this is not a suitable environment for small children - All participants enter this park with the understanding that they are responsible for their dogs actions at all times - The city of Woodstock assumes no responsibility for any injuries or damages that might occur during the use of this area - All dogs over the age of 7 months must be spayed or neutered - No aggressive dogs, bitches in heat, puppies under 5 months or age, or ill dogs are permitted in the park - Children under the age of 12 are not permitted in the park without adult supervision - Dogs must be under control and in sight and voice control of their handler at all times DOG PARK REPORT TO COUNCIL OCT 2008 6 77 The Corporation of the Town of Tillsonburg - All dog waste must be picked up and properly disposed of - Dogs using this area must be properly licensed and have all vaccinations current and up to date Appendix B – Park sizes and Examples and Information City of Woodstock: The city of Woodstock has two leash free parks. The Henry street park consists of .885ha of land. It was built in 2004 and has been well used. The cost for construction was approx. $27,000.00. This included fencing, gates, hydro post for lighting, water line and tap, garbage containers, signage, dog bag dispenser, and maintenance. The Roth park facility costs $33,000 to construct, but did not require lighting or water service and is slightly smaller. Park maintenance for both parks requires 1 hour per week for cutting and trimming, emptying garbage’s, refilling dispensers and adding wood chips in wet areas for an annual cost of $4,000.00. Pictures can be found of both parks on the G drive at G:\Community Centre\Pictures\Woodstock Dog Park City of London The city of London has 3 off-leash areas – Pottersburg, Stoney Creek, and Greenway. Information about each of these parks can be found at http://www.london.ca/d.aspx?s=/Parks_and_Natural_Areas/off_leash_park.htm Also pictures can be seen of the Stoney Creek park in the same file folder as above Other Parks More information about other dog parks in Ontario can be found at http://www.pets.ca/dogparks/ontario.htm DOG PARK REPORT TO COUNCIL OCT 2008 7 78 The Corporation of the Town of Tillsonburg Appendix C – Other Information Dog Parks USA – So you want to build a Dog Park (7th Ed) - Comprehensive guide on how to build dog park for municipalities and private groups - http://www.cafepress.com/cp/prod.aspx?p=dogparksusa.28337323 Practica - Dog Dirt Waste Disposal Solution - Dispenses for bags for animal waste disposal - http://www.practica.ca/ Links http://www.apdt.com/po/park/default.aspx http://www.athleticturf.net/athleticturf/article/articleDetail.jsp?id=123836 http://www.nrpa.org/content/default.aspx?documentId=1022 http://home.earthlink.net/~ejlmp/dpd.html http://www.dogparksusa.org/index.htm DOG PARK REPORT TO COUNCIL OCT 2008 8 79 The Corporation of the Town of Tillsonburg REPORT DATE: December 17, 2008 TO: Cynthia Hildebrand FROM: Kelly Batt and Janet McCurdy SUBJECT: REVIEW OF DOG PARKS PURPOSE To explore the placement and discuss pro and cons of an Off-Leash Dog Park HISTORY In 2008 Town staff researched other area Dog Parks and made recommendations for a temporary facility at the Kiwanis ball diamond facility as well as the possibility of constructing facilities at other Town Parks. This report was presented to Council and was received. During 2009 Budget discussions it was asked that $27,000 be added to the Supplemental Budget list to carry the Dog Park as a possible item to be funded in the 2009 Budget exercise. DISCUSSION It is possible to construct a two acre Dog Park with the $27,000 and $2,000 per year earmarked for the operating budget if approved, at a site like Gilvesy Park on the north side of the park where an existing boundary fence already exists. This would save paying for an additional 400 feet of fencing. Funds would be available to add gates, benches, garbage containers and proper signage for the facility. Recently, I spoke to Jim Hart, President of Tillsonburg Minor Ball and he would like to centralize the T-Ball and beginner ball programs to one location like we have centralized Slo- Pitch in Annandale Park. Tillsonburg Minor Ball is looking to apply for Trillium funding to do this type of work as well as assist with improvements to other Town ball facilities. As Gilvesy Park is underutilized for Soccer or other sports this location was suggested. This site drains well, has relatively level field conditions, has an existing grass parking area, some shade trees as well as a playground for younger siblings. Similarly a Dog Park could be placed at the Tillsonburg Community Centre on the Optimist Ball Diamond area at the north east corner of the park. By moving this activity over to Gilvesy Park it would free up the land on the Optimist diamonds for the dog facility or other potential uses. By having the facility close to the Community Centre and close to well travelled roads, visibility and security would be enhanced. DOG PARK REPORT TO COUNCIL DEC 2008 1 80 As there may be concerns about having dogs in close proximity to other users I believe that having the park in a prominent location, close to a new parking lot being constructed in early 2009 will attract users from near and far. The formation of an official group such as “Friends of Dogs” through a public process working cooperatively with Town staff could further review the pros and cons of facility citing and to assist with keeping the costs down could do a combination of fundraising or application to Trillium for this facility. In other municipalities such as Mississauga their Dog Parks are fully funded and operated by neighbourhood groups using a user pay model or self funding through fundraising or grants. Most importantly we have received communication through our insurance provider ( Cowan Insurance) stating some perils of Dog Park operations that must be carefully considered as we proceed. Cowan Insurance The Major Concerns of Dog Parks 1) Dog owners that do not clean up after their dogs - who will do the Clean-up; 2) Health concerns with respect to dog feces that are not cleaned up 3) Unneutered male dogs - leads to dog fights; animals and people being bitten 4) Injuries to people and children 5) Inappropriate location of such parks - ie next to playgrounds 6) W ill all breeds of dogs be allowed to enter the area; what about puppies 7) W ill the park require the owner to supervise the dog? 8) Who will enforce the rules of the park? 9) If the park is run by a volunteer group, will they be expected to or Will they be able to provide primary insurance coverage? 10) W ill collars with spikes be allowed? 11) Dogs dig holes - will the owners have to fill in the holes before they leave 12) W ill dog owners be forced to unleash the dog when in the area; some dog owners enter the area with the dog on a leash - this causes aggression and anxiety in the animal 13) Hours of operation 14) W ho will be responsible for cleaning the area - remember the "poisoned wieners" incident in a Toronto Park last year - someone will need to assume the responsibility of keeping the area safe for all dogs, children, adults 15) How many dogs per adult will be allowed - professional dog walkers can? bring in a number of animals at one time Through our research we can conclude that one of the best protocols we found for the establishment of an off-leash park is the protocol used by the City of Toronto. Rather than reinventing the wheel, here it is: Step 1 - Initial Proposal Request Residents in area who are interested in creating a park must submit a proposal to Parks and Rec or to their ward alderman Step 2 - Research of the Proposal Parks and Rec to review each site with the Public Health and Animal Control DOG PARK REPORT TO COUNCIL DEC 2008 2 81 against established guidelines Step 3 - Community Input Public meeting with respect to the proposal Step 4 - Report Parks & Rec makes recommendations to Council Step 5 - City Council Approval Step 6 - Procedures: Implementation - Parks & Rec to put up signage - signage will address hours of operation, delineating off leash areas, poop & scoop requirements, fines for noncompliance Annual Review - done by council reviewing all incidents, problems, etc Enforcement - City only responds when called by a citizen Before the City of Toronto will entertain a proposal, they require a volunteer group with a minimum of 15 members who will enforce the rules of the park. Areas not recommended: parks with playgrounds, wading pools, tobogganing areas, ice rinks near paths used by roller bladers, cyclists, joggers, walkers environmentally sensitive areas - ravines ornamental gardens areas less than a half hectare Barb Szychta, B.A., C.R.M., C.I.P. Director, Risk Management Services barb.szychta@frankcowan.com Telephone: 519-458-4331/1-800-265-4000 Cell: 519-751-9249 RECOMMENDATIONS • That the Director of Community Services concurs with this report • And further that Council directs staff to conduct a public meeting in 2009 to bring together like minded parties to discuss the pros and cons of Dog Parks with the community • And further Council directs staff to work cooperatively with this newly formed group to find an agreeable location where such a facility could be viable and attempt to secure alternate sources of user pay funding or grants DOG PARK REPORT TO COUNCIL DEC 2008 3 82 DOG PARK REPORT TO COUNCIL DEC 2008 4 83 RECREATION ADVISORY COMMITTEE MINUTES of Dog Park Survey Results DATE: Wednesday, March 11, 2009 TIME: 6:30 p.m. LOCATION: Tillsonburg Community Centre – Marwood Lounge PRESENT: Debbie Brady, Dace Zvanitjs, Kim Sage, Cynthia Hildebrand, Janet McCurdy, Kelly Batt, Margaret Puhr, Brad Slade, Laurie Monk Councillors: Sam Lamb, Brian Stephenson, Dave Beres REGRETS: Don Baxter, Dan Mahony J. McCurdy welcomed everyone in attendance and stated that 209 surveys were received, including the manual submissions that were added to the survey website. Survey results were reviewed through the survey website presented on screen. Overall, results were very impressive and received excellent suggestions. There were a total of 42 people in attendance. Handouts were distributed with popular locations suggested: Participark – 46 Community Centre – 20 Soccer Fields – 12 Coronation Park – 8 C. Hildebrand commented on the fact that 1 out of 5 dog owners responded to the survey and stated their commitment and willingness to donate time and money to the off leash park. Purpose of tonight’s meeting was to strike an Adhoc Committee to bring recommendations to Council. Discussion took place and a number of comments and suggestions were received: - Dogs and Trail System are independent of each other and dogs and walkers don’t mix - Who enforces the dog park rules? - Up to dog owners to confront other owners who may be breaking rules - Owners would police themselves through education and possible membership - When buying dog tag, suggestion was to purchase a swipe card – to access gated park - Current tags confirm vaccinations are current as well - Dog park should be paid for by taxes – not additional membership fee or charge to use the park - Benefits of paying for a dog park shows incentive of dog owners – respectful, pride and care - What would happen with non residents who visit the park? How would they pay? Who would enforce? - Room to expand down the road? Water (creek, pond) essential? REC ADVISORY MINUTES MARCH 2009 1 84 It was requested that those present show a raise of hands as to interest in sitting on an Adhoc Committee to determine location of off Leash Park, work with Recreation Advisory Committee, and report to Town Council. DOG PARK ADHOC COMMITTEE: Nicole Collins Rachele Platteeuw Tom Kirkland Lindsay Tribble Bob Alexander Cheryl Becker Pat Todd Greg Bruckler Tamara Caldwell Shawn Reid Kevin Stoyles Nicole Debackere Next meeting: Wednesday, March 25, 2009 at 6:30pm in the Marwood Lounge Meeting adjourned: 7:30pm REC ADVISORY MINUTES MARCH 2009 2 85 PUBLIC MEETING Dog Park Survey Results DATE: Wednesday, March 11, 2009 TIME: 6:30 p.m. LOCATION: Tillsonburg Community Centre – Marwood Lounge ___________________________________________________________________________________________ J. McCurdy welcomed everyone in attendance and stated that 209 surveys were received, including the manual submissions that were added to the survey website. Survey results were reviewed through the survey website presented on screen. Overall, results were very impressive and received excellent suggestions. There were a total of 42 people in attendance. Handouts were distributed with popular locations suggested: Participark – 46 Community Centre – 20 Soccer Fields – 12 Coronation Park – 8 C. Hildebrand commented on the fact that 1 out of 5 dog owners responded to the survey and stated their commitment and willingness to donate time and money to the off leash park. Purpose of tonight’s meeting was to strike an Adhoc Committee to bring recommendations to Council. Discussion took place and a number of comments and suggestions were received: - Dogs and Trail System are independent of each other and dogs and walkers don’t mix - Who enforces the dog park rules? - Up to dog owners to confront other owners who may be breaking rules - Owners would police themselves through education and possible membership - When buying dog tag, suggestion was to purchase a swipe card – to access gated park - Current tags confirm vaccinations are current as well - Dog park should be paid for by taxes – not additional membership fee or charge to use the park - Benefits of paying for a dog park shows incentive of dog owners – respectful, pride and care - What would happen with non residents who visit the park? How would they pay? Who would enforce? - Room to expand down the road? Water (creek, pond) essential? It was requested that those present show a raise of hands as to interest in sitting on an Adhoc Committee to determine location of off Leash Park, work with Recreation Advisory Committee, and report to Town Council. DOG PARK SURVEY RESULTS MARCH 2009 1 86 DOG PARK ADHOC COMMITTEE: RECREATION ADVISORY COMMITTEE Nicole Collins Debbie Brady Rachele Platteeuw Dace Zvanitjs Tom Kirkland Dan Mahony Lindsay Tribble Don Baxter Bob Alexander Kim Sage Cheryl Becker Pat Todd Greg Bruckler Tamara Caldwell Shawn Reid Kevin Stoyles Nicole Debackere Next meeting: Wednesday, March 25, 2009 at 6:30pm in the Marwood Lounge Meeting adjourned: 7:30pm DOG PARK SURVEY RESULTS MARCH 2009 2 87 Additional comments or concerns 1 I am a proponent for a dog park. As a parent I am fed up with my kids coming home with dog "stuff" on their boots and shoes. This may be contributed to laziness, busy lives, or lack of a dog park. I see the same thing at the soccer park...dogs running free and doing their business wherever they please. The creation of the park would give people a place to go with their dogs, take away one of the excuses of why some individuals let their dogs run free, and may even give me a week where I don't have to wash shoes! Thanks for doing this Tillsonburg. 2 I had this idea about a year ago and didn’t know who to take it to. I hope we do get a dog park I think it would benefit the town and owners of dogs (there are many). It would also lessen the poopies on the park grounds in the town I believe. 3 Like in Woodstock dog owners ask for a dog park until the city spent the tax $ on them, then they use a few times and then stop going to the park. Woodstock has two that I know of and 95% of the time no one is in them, you see people walking their dogs in parks nearby. So it would be a huge waste of tax payer’s money. I think this is something Tillsonburg must really look into before doing. 4 I think it would be a great addition to the town and would not only be a social gathering place for the animals but also the owners. 5 I think it would be extremely beneficial to the town to have a dog park. I think the type of dog owners who would bring their dog to a park would be very responsible and respectful of the property and it would be a benefit to the dogs and owners. It would be a great move for the town to develop this. 6 We would not give any money for a fenced in park. With no water or bush. I took only one person to write something in the Newspaper of us using the partcipark park. The best place for our dogs to run, water & woods are there. We walked there many years we have been here for 20. No problem till the person complained just like what happened at the Golf Course Hills it took 2 yrs before it open again. People with little dogs don't understand people with bigger dogs. Also person giving out these fines should maybe at one of these meetings. 7 that the humane society check on a reg basis on the dog park for shots up to date and spayed and neuter up to date 8 If done in the right manner, a sense of pride and ownership would grow and prosper. If done badly, it may become a place for your pet to defecate without hindrance and become an eyesore 9 Participark was a perfect walk for our pet, an older medium size dog with excellent manners. She looked forward every morning to her off-leash walk and we miss the park a great deal, now that off-leash walking has been banned. It is extremely sad that responsible pet owners have lost this facility. 10 I'm a simple person and all I'm asking is that the "animals" of Tillsonburg have a fenced in area where they can run free. There needs to be no fancy things such as hills, pools, sandboxes etc. They just need an open area where they can be unleashed and enjoy the company of other local dogs. This park remember is for dogs not the owners. My only other thing is water supply and not a necessity as I know myself as a dog owner on hot humid days I take water anywhere I go with my dog just in case, but it is a good idea to possibly include this in with the park. Simplicity is all were asking 11 Dogs being attacked my other dogs off leash Dog park need to be ON LEASH to provide some degree of other care, control, and boundaries 12 security 13 This area needs something!!! 14 Do not want to be banned from other parks. 15 Untrained dogs attacking my Dogs 16 Make sure other owners stoop + scoop 17 I'd be afraid dogs would come in my yard. Smell - do people have to pick up after dot?? Small children. Worried about them 18 maybe it large enough that the dogs can run & play & a civilized area for owners to walk also. DOG PARK SURVEY COMMENTS MARCH 2009 1 88 19 I think this is a great idea! And hopefully one that will not only be an idea but something that will actually happen. 20 this is a great idea for our town! 21 Socialized dogs are well behaved dogs - this is a good idea for people and for dogs. 22 Wow take a trip to London and learn/see how a dog park is run its simple!! 23 I believe that a dog park would be a great asset to Tillsonburg. We let our children play together, why not our animals? I also feel that all animal deserve the right to run free, if only for a short time. 24 Great idea, the sooner the better. While you are at it consider a splash pad at Southridge park. Participark would be great. No need to change it. Why waste town money 25 Thank You for considering this opportunity there are a lot of dogs in the Tillsonburg area and this has been needed for some time as can be seen by the number of complaints from people in Partici Park Which I might add are people from Hickory Hills who have come here to retire but we have lived here are whole lives and they get more concern than we do 26 We are long overdue for a safe and secure place for dogs and their owners to run freely without risk to the general public 27 great for Tillsonburg! 28 For the amount of dogs in Tillsonburg I feel we could really benefit from a dog park but because not everyone drives it should be fairly close to most residents. We live in an apartment and don't have an open area to let our dog run but she likes to try as do most dogs trying to burn up energy or enjoying the sunshine when we have it. 29 Would there be a group or individual to contact in case of emergency? It might be more beneficial to have an area for dogs who are recovering from injury and do not have the same energy as the others 30 I frequent the dog parks in Woodstock & London and it is terrible that I have to drive 1/2 - 1 hour just so she can run leash free. It is way overdue. In the 4 years I have had my dog and been taking her to the park I have never witnessed a dog fight or any other aggression. If this is something a pet owner wants, then responsibility will be taken. 31 security, parking 32 I just moved from London and the biggest thing I miss is a dog park 33 I have built a cat run at the back of my house, so the cats are not going into neighbours gardens! 34 Tillsonburg needs an area where people can walk their dogs off leash and not interfere with general park areas - similar to other municipalities. There are many dog owners in the town who would welcome such a facility. 35 it would be great to have a place where dogs can socialize and run freely without fear of traffic or other distractions. 36 Owners should clean up after their own animal. 37 A dog park would be such an asset to the town! 38 Make it so miserable dogs can't use it eg. dogs that don't get along with other dogs. 39 The park would have to be maintained. Although most of dog lovers clean up after their pets, there are some who won't. Don't feel that washrooms, lighting are necessary. If you provide security, someone to check that animals are vaccinated, etc., you're going to require a lot more money and I don't feel these things are necessities, but are things that would be nice to have. 40 We already have an excellent park for dogs and people were happy with it as it was. There was no need to close it to dogs and there is no need for another park. 41 Other towns have one and we don't read about any problems associated with them. A piece of land with a fence and garbage can is all that is needed. Dog walkers are responsible people. I clean up the skate park regularly and I don't use it so others would do the same especially if they are using the dog park. Hope it happens soon. DOG PARK SURVEY COMMENTS MARCH 2009 2 89 42 Although I don't currently own a dog, I will in the future and would greatly appreciate a safe place to take him/her to run free and enjoy the time we spend together. I have a lot of compassion for animals and I think they have just as much right to enjoy their time on this earth as we do. 43 I am a dog lover I have one but I don't for a second trust how my dog would behave in this kind of environment 44 Dog parks are available in London, Toronto and other cities and although we live in the country we do not have one in Tillsonburg so I would like to have one available here. 45 We are concerned that owners of large and aggressive dogs can and will intimidate smaller animals and owners. It has been, we hear, a problem with off lease parks in the past. Having said that, we also believe that owners, for the most part, are responsible and caring people concerned with the environment and health of their pets. 46 My dog always had vaccines, flea control treatment and is neutered, so I have no concerns regarding him. 47 I would LOVE to have a dog park in Tillsonburg...we have a great Dane and she loves socializing with other dogs...she could use more room to run around. Also; I think it is very important to have dogs socialize with other dogs and other people...it teaches them "manners" on how to interact with people and other animals. 48 This is a great project for dog lovers. Do not finance it from municipal tax dollars - fundraising is necessary to build the park or government grants. Dog owners should finance operation and maintenance. No more dogs off leash in neighbourhood parks please. 49 I think a dog park is essential as we want our dogs to socialize as it is good for everyone to have sociable dogs .... 50 Dogs should also have vaccination and be spayed or neutered. If dog is extremely aggressive a muzzle might be good. It would also be important to make sure people picked up after their dogs to make everyone happy. 51 This dog park does not need to be such a "big thing. All people want is a fenced area where we can take our dogs to run lose and socialize with other dogs. As for all the "extra's" they just are not needed. In St. Catharine’s there was nothing but a fenced area and it was used all the time. People eventually donated picnic tables but people just brought their own water. I think that we are making this a much harder decision than it needs to be. Really all we need is land......and a fence. I am really looking forward to a dog park, hopefully this summer. Respectfully!! 52 I don't believe that Tillsonburg will benefit from a dog park. I also believe that the town of Tillsonburg and Council have already wasted enough time talking about the dog park and that the idea needs to be put to rest. I have many questions regarding liability within the park and who is responsible for any attacks, injuries, etc. Is the dog owner's liability act still applicable in an off leash area? As a dog owner, I would not use the park and would likely choose to avoid it in any way. If a current park in town is changed into a dog park, the use of the park will be limited to a certain group from town and will deter families from visiting the park. Let's spend more time improving our town for the majority of the population rather than sinking so much time, resources and possibly money into such an unnecessary issue. 53 think it would be great, then a lot of people won't live town to go elsewhere. 54 I believe the Town should cover the expenses for this endeavor as a service to the wonderful and caring and supportive people that make Tillsonburg what it is. There are a lot of generous people in this town and they should not have to foot the bill for something that would be beneficial to us all. 55 sand boxes encourage sand fleas, artificial turf might carry an odour 56 I feel this survey is to try to get non pet owners to complete this survey so that it will show that it would not be required as a large number would vote against it. Other towns have them which are free, I feel this is known by the town, I cannot understand the need for a survey, when this is so important 57 Again, I cannot stress enough that this is a bad idea. I am in the Pet Industry and many books I have read say never take your dog to a dog park as you can never tell what two dogs will do. Also, people do not pick up after their dogs now, can you imagine. Sickness in other dogs is another issue. I am sick and tired of these people who take their dogs to the Tillsonburg Soceer field and they think it is OK if there dog is loose. My wonderful dog and I (always on leash) would walk to the Soceer park every Sunday morning. It would take us a couple of hours to walk there but that was our special walk. When we would go there I never took him off lead and we just walked around and had fun. DOG PARK SURVEY COMMENTS MARCH 2009 3 90 Now I cannot even do that because people let their dogs off leash letting them run around. Like I say, you never know what two dogs could do to each other. People should exercise their dogs like I do. Not be lazy and stand and watch them run. It makes me mad. I am a dog person and have always walked my dogs every day on lead. These people should walk them or let them loose in their own backyard. 58 For a community of our size, it is important that a leash-free dog park be developed. There are many people who have had to down size who already own a dog and do not have the appropriate yard for letting their dog exercise by running around freely in an enclosed area. Some people are not able to physically walk their dog, therefore, a leash- free dog park is the answer. It is a well known fact of the importance for dogs to socialize with other dogs; there is no better way than in a leash free dog park. It is definitely up to the owners to be completely responsible for their dogs in the park at all times. 59 I think a dog park would be very beneficial to the pets of Tillsonburg. We seem to have almost all other amenities so I feel this would be an asset to the town. Also as a dog owner and pet lover I feel the people who would use the park are likely the same as me and would respect the area as well as noise levels and cleanliness. Also I think this park could be run very cost effectively provided area residents and park users volunteer and or follow specific guidelines as set out by the organizing park group. I hope the town seriously considers this as an opportunity for residents and pets. I think some area residents would also be happy that the dogs have somewhere to go and play instead of on non pet owner’s yards and sidewalks where many people who don't care for dogs like to walk regularly. 60 A dog is man's best friend. Trained to rescue, trained to lead the blind, protect children with autism, therapy dogs for in the hospitals and nursing homes, help with reading programs in schools and most of all a very important part of the family. However, they are Dogs, and they need to run, play, wrestle and socialize with their own species. For my two Golden Retrievers the Dog Park is the best place in the world to do that. 61 PLEASE, Tillsonburg dogs and its dog owners are in dire need of a dog park in Tillsonburg...many times while walking Chanelle she will encounter another dog she would like to play with and its heart breaking to pull her away because they have no place to have fun...dogs need socializing and the dogs of Tillsonburg do not have the means to do so, and it’s not fair to us and more importantly, the dogs. 62 WHEN I GO TO WOODSTOCK TO USE THEIR DOG PARK, I EAT THERE, I SHOP THERE ETC. THIS IS BUSINESS THAT TILLSONBURG IS LOOSING. WE ARE SO BEHIND THE TIMES HERE. A DOG PARK SEEMS LIKE SUCH A SIMPLE CONCEPT THAT SHOULD HAVE BEEN APPROVED YEARS AGO. 63 need a safe place where I can walk my dog on or off line where she won't be harassed by big dogs off line even when sign in participark states all dogs must be on leash. don't want it out in an area where no one lives for my safety!!! 64 I think it is a great idea and would love to have one in Tillsonburg. I am willing to help in anyway I can. Thank you Jane Ann McLean 65 I participated in an off-leash park, Southland Natural Park, for 15 years. It was situated on the Bow River which made it wonderful for the dogs to swim and refresh themselves in the summer. Our major problem was getting the co- operation of the public to CLEAN UP AFTER THEIR DOGS! We even went so far as to supply bags at the parking lot but that quickly became an onerous task and made the public lazy about bringing a bag for themselves. There was a fine of $250 for NOT picking up, levied by Bylaw Officers in response to the license no. of the car of the offender. It involved going to court so you had to be absolutely sure you had the right person. I always carry extra bags in my pocket and when I see someone not pick up I then offer them a bag and wait while they do the deed. Small dogs are fine in an off-leash environment as long as the owners do NOT pick them up---when they are picked up other dogs get curious and stretch to visit them. Often, it is the small dog that is aggressive simply because the owner has been too protective and it hasn't been properly socialized. On a sunny weekend at Southland we would have close to 1000 dogs, there were very few instances of aggression and those that occurred the dogs and owners were not allowed back in the Park. It was also encouraged not to bring females in heat which would serve to drive all the males into macho behaviour. My dog has lost a lot of his social skills since we moved to your Town simply because I am forced to keep him on lead and this makes an animal feel trapped and unable to get away. Too bad! 66 Concerns: -Irresponsible dog owners will not "pick up" after their dog. Maybe have pick up bags available at the entrances so there should be no excuse for not cleaning up after your dog. -The park will be overused. I personally DOG PARK SURVEY COMMENTS MARCH 2009 4 91 would be more comfortable letting my dog off leash when we are the only ones in the park. My dog can be same sex aggressive sometimes and I would not risk the safety of her or any other dog. I am afraid that other people may not use their better judgment in a similar situation. -Animal vaccines/disease/license-There should be a park registry use in place and in order to use the park, proof that your dog/s are up to date on their vaccines and are healthy. Sadly, I know of many people who choose not to vaccine their pets when needed. I also know of people who have more than the allowed number of animals in their household and therefore do not register all of them with the town. Proof of this could also be shown. -Pet owners bringing toys into the park. Some dogs may be possessive of their toys and may not want to share with others also in the park. This could cause an altercation between the animals. -In the summer months it can be way too hot for ANY dog to be engaged in exercise. Sadly, I see people walking their dogs around town when it is sweltering and I feel bad for the dog that their owner has subjected them to exercise in the extreme heat and humidity. Personally, I think it is cruel. Maybe on really hot days have the park closed at the "peak heat" hours to ensure the well being of animals whose owners cannot make that decision to leave their pet indoors. -There should be a "dog park council" where ideas/suggestions could be discussed, rules/regulations put into effect, votes taken, complaints can be forwarded here. Basically any issues concerning the dog park can be brought forward to a responsible group of people and be dealt with. I think it is important to have a group of people that are all responsible dog owners in overseeing this park as they will know more about the wants and needs of the park. 67 An ideal area would be an area with trees grass, not a baseball field as once suggested. It needs to be an area away from traffic and preferably where kids do not play so not to distract dogs which may cause added stress to the children, dogs, and those people walking with their dogs. 68 I would be very interested in partnering with the town to come up with a location and amenities that would be suitable for everyone involved. Town council has been given information from the Pawsitive Park Committee with some contacts as well. This group is dedicated and has done a great deal of research in this area. As a member of the group I look forward to working with you. 69 I think you need to get people who will volunteer to hang around and watch for trouble. This way all dogs stay safe. 70 Tillsonburg needs an off leash park!! We have so many dog lovers in this town and the best way for them to get the exercise and socialization is from a park. If the concern is money for startup fees, I don’t think that would really be a problem because I am sure the dog lovers are willing to put in whatever is needed to build a fence or whatever else is needed for maintenance. 71 I would be willing to donate my time and help out in anyway necessary but I do not like the idea of a yearly fee to use the park I think that it would be difficult and expensive to enforce and not worth the time.....better to donate and fundraise money whenever it is needed. 72 Owners of dogs that run loose should have fenced a yard of their own. Questions 12 through 17do not apply when my answer to a publicly paid dog park is NO. 73 Tough I will not be using a dog park, it may be important to other dog owners with large dogs but it is important to have it well away from neighbouring residences, security and clean up are a must and be supervised by an attendant. 74 Both Barb and I are willing to help with anything needed for this dog park, as it is well overdue in Tillsonburg. We will not be able to attend either meeting since we will be on vacation that week. Feel free to contact us anytime after we are back (Feb. 5th) If an annual fee would be necessary it would only be appropriate that people paying this fee would be able to use the park. How would we determine that and stop people that do not pay from, using such a park. Again we are on board and would love to help with everything. Thanks, Kevin & Barbara 75 That people respect the park and all its neighbours 76 We are not currently residents of Tillsonburg but do plan on moving to your community within the next few months. We bring with us our dogs and a willingness to assist in the development of an off leash park where our dogs (and their people) can socialize with others. What a fabulous way for the 4 legged and 2 legged members of our family to become familiar with members of our new community. We look forward to being able to take part in this endeavour! 77 I think that it is really important to have a separate area for small dogs DOG PARK SURVEY COMMENTS MARCH 2009 5 92 78 With the thousands of dogs in Tillsonburg I believe the town should take responsibility in providing an appropriate dog off-leash facility. 79 THE MAJORITY OF PEOPLE USING PARTICIPARK ARE DOG WALKERS ESPECIALLY IN WINTER. IN RECENT MONTHS I HAVE OBSERVED THAT 90 TO 100 % OF WALKERS HAVE DOGS. PEOPLE WILL CONTINUE TO WALK THEIR DOGS HERE REGARDLESS OF WHERE A NEW PARK IS LOCATED. IT IS IDEAL BECAUSE IT HAS WATER, WOODS, SHADE, BENCHES, WILDLIFE, AND IT IS SPACIOUS. DOGS LIKE IT AND ARE HAPPY TO GO THERE. 80 It appears that little or no thought was put into place regarding the need for a skate board park . I live in a site line to the park and the cost compared to use is or should be an embarrassment to those that supported it. Many parents won’t allow their children to use the park due to the element that hangs out there. Let's not create another one. 81 People may have concerns about spay/neutering of dogs, or disease in the park, however, they should take these concerns into account before deciding to go to the park. I personally would like to see a dog park in the community, as it gives pets a safe place to stretch out and unwind. A lot of issues arising with pet ownership are directly related to pets being under exercised and bored. 82 We need to think long and hard about ramifications and long term costs to taxpayers and ensure that there is supervision and accountability and maintenance.. Risk potential is of concern. I believe that this service belongs in the private sector. Let someone take this on, do it properly and make some money. Perhaps the Town would like to lease some land to an entrepreneur. 83 I think if this were to work there would need to be some pretty strict regulations about disallowing or having special hours of use for dogs who are NOT spayed or neutered. Tillsonburg does not need unwanted animals! Also, I have concerns about dogs who are not vaccinated/are sick with some sort of serious communicable disease - need to make sure everyone's pets stay healthy because they are expensive to treat. 84 Dog Parks are not supervised. I am concerned about dog running in a pack which will lead to aggression. 85 THIS IS A GREAT IDEA!!:) 86 Most of our parks have playground facilities for children. Glendale park is used by many children, both within the neighborhood and from other parts of Tillsonburg. Glendale highschoolers use the park as a short cut to Broadway. Families gather to play ball and fly kites in our park. Unleashed dogs would be a hazard in our neighborhood. Some dog owners already do not use a pooper-scooper, and I would hate to see this increased in our park. 87 Undisciplined dogs Undisciplined owners Dogs fighting Owners not cleaning up after their dogs DOG PARK SURVEY COMMENTS MARCH 2009 6 93 94 CORPORATE OFFICE 200 Broadway | Tillsonburg | Ontario | N4G 5A7 | Tel: 519.842.6428 | Fax: 519.842.9431 Web: www.town.tillsonburg.on.ca REPORT Date:01/05/09 To:Tillsonburg Council From:ADHOC Dog Park Committee Subject: PROPOSAL FOR DOG PARK IN TILLSONBURG Elliott Fairbairn Centre (Google Earth) The Corporation of the Town of Tillsonburg PURPOSE Our goal is to open and maintain a long term off leash Dog Park in the Town of Tillsonburg. 95 CORPORATE OFFICE 200 Broadway | Tillsonburg | Ontario | N4G 5A7 | Tel: 519.842.6428 | Fax: 519.842.9431 Web: www.town.tillsonburg.on.ca HISTORY 2007 Group of concerned residents approached Council recommending an off-leash dog park. 2008 The Pawsitive Dog Park Association was formed. Town of Tillsonburg budget deliberations and discussion took place. 2009 Public survey implemented. Open public meeting scheduled for March 11. Adhoc committee of the Recreation Advisory Committee was formed. Subsequent meetings scheduled on March 25, April 8 (site tour) and April 16. Goal of Adhoc Committee was to determine site selection. Elliott Fairbairn Centre - looking north Elliott Fairbairn Centre – wood lot Elliott Fairbairn Centre – existing parking The Corporation of the Town of Tillsonburg ELLIOTT FAIRBAIRN CENTRE PROPOSED OFF-LEASH DOG PARK SITE 96 CORPORATE OFFICE 200 Broadway | Tillsonburg | Ontario | N4G 5A7 | Tel: 519.842.6428 | Fax: 519.842.9431 Web: www.town.tillsonburg.on.ca The Corporation of the Town of Tillsonburg DISCUSSION The Committee reviewed a number of site possibilities, as a result of the public survey. After site tours and listing pros and cons, the committee voted on a proposed site for the off-leash dog park area. Elliott Fairbairn Centre is recommended. It is an excellent location for the following reasons: Large footprint. Majority of area is already fenced. Good base of shade. Single use destination. Different terrains with established semi-trails. Well draining soil. Lowest cost to start up – estimated expense $17,000-$20,000. RECOMMENDATIONS That Council concurs with the contents of the report and that approval to proceed with the following: To conduct a public meeting to receive feedback from stakeholders in the immediate area of Elliott Fairbairn Centre. To seek input from remainder of the community. To have a multi-year commitment from the Town. To have a written agreement defining roles and responsibilities pertaining to use and operation of the off-leash dog park. To have a commitment to town funding and that town staff prepare terms of use for the off-leash dog park. Funding: Capital cost for fencing. Portion of dog tag money earmarked for ongoing operation of dog park. Fundraising through subcommittee of Adhoc Dog Park Committee. PREPARED BY: Nicole J. Collins and Tamara Caldwell | APPROVED BY: ADHOC Dog Park Committee and Recreation Advisory Committee 97 9905To Leash or Not to Leash Frank Cowan Company Limited Canada’s Insurance &Risk Specialists 4 Cowan Street East Princeton, ON N0J 1V0 PUBLICATIONS Reprinted from May 1999 COWAN NEWS How is your municipality responding? Many municipalities have been approached by their rate payers to establish “off- leash” or “leash free” zones within various public areas which would provide a place for their dogs to run free and exercise unleashed. After so many years invested in urging dog owners to keep their dogs on leashes while in public places and stooping to scoop, the request to provide leash-free zones within an urban centre may appear, to some individuals, to undo some of this progress. Some municipalities have either considered or implemented off-leash zones. In fact, one of these municipalities had a serious incident occur in which a young girl was attacked by a dog in one of these zones. With all the various examples of incidents that we hear about on the local news, it is an issue that deserves serious consideration prior to implementation. Although the municipality would be able to rely on legislation (in Ontario, the Dog Owners’ Liability Act) which requires owners to maintain control of their dog at all times, the municipality would be exposed to potential liability as an occupier permitting the existence of such leash-free zones on its property. It is reasonably foreseeable that injuries could occur in a leash-free zone, such as any one of the following: (1) child (or adult) is attacked by an unleashed dog; (2) conflict between two or more unleashed dogs, resulting in injury to one or more dog: (3) injury to dog owners trying to protect their dog from another dog, etc. Due to the obvious foreseeability of such incidents and the lack of viable risk controls to serve in the municipality’s defence, some percentage of fault would likely be attached to the municipality permitting these zones. To compound this problem, the doctrine of joint and several liability would enable an injured plaintiff to go after the deep pockets of the municipality even if the municipality was found only a small percentage at fault. Before implementing “off- leash” or “leash-free” zones within your municipality, we encourage you to consider the ramifications of this decision and take all necessary controls to manage this risk. The following should be considered: x Is the proposed zone suitable for this use? Will the zone be physically separate from other general use public areas? continued ැ 98 9905To Leash or Not to Leash Frank Cowan Company Limited Canada’s Insurance &Risk Specialists 4 Cowan Street East Princeton, ON N0J 1V0 PUBLICATIONS Reprinted from May 1999 COWAN NEWS x Will the following types of signs be posted: (1) warning users of the leash free zone; (2) reminding dog owners of their absolute responsibility for their dogs; (3) setting out rules and regulations for all users? x Will the municipality conduct inspections to monitor the use of this zone; remove or repair hazardous conditions that may exist or develop; and enforce rules and regulations? These are important questions which need to be addressed when determining the viability of such zones within your municipality. We recommend that this potentially “high risk” decision not be entered into lightly. 99 Appendix A – Examples of Park Rules CITY OF LONDON – Source www.london.ca Rules of the off-leash area For the good functioning of the off-leash area, users are required to respect the following rules: 1. Open from 6 am to 10pm 2. Up to date rabies and license tags required 3. Use the off-leash area at your own risk 4. Leash your dog while entering and exiting 5. Keep your dog within sigh and under verbal control 6. Clean up after your dog 7. Do not allow your dog to chase wildlife 8. No puppies under 4 months, female dogs in heat, sick dogs or aggressive dogs 9. Dogs required by law to be leashed and muzzled must remain so while in the off-leash area 10. No glass containers, food or toys 11. Children must be supervised by an adult 12. Parents are advised this site is not suitable for young children 13. Off-leash area users are subject to the dog owners’ liability act CITY OF WOODSTOCK Leash Free Dog Park Rules This Park is intended for leash free dog walking. It is not recommended that leashed dogs are walked in this park. Please remove your dogs leash after entering the park 1. No food or toys are permitted into the off-leash area 2. Parents are strongly advised that this is not a suitable environment for small children 3. All participants enter this park with the understanding that they are responsible for their dogs actions at all times 4. The city of Woodstock assumes no responsibility for any injuries or damages that might occur during the use of this area 5. All dogs over the age of 7 months must be spayed or neutered 6. No aggressive dogs, bitches in heat, puppies under 5 months or age, or ill dogs are permitted in the park 7. Children under the age of 12 are not permitted in the park without adult supervision 8. Dogs must be under control and in sight and voice control of their handler at all times 9. All dog waste must be picked up and properly disposed of 10. Dogs using this area must be properly licensed and have all vaccinations current and up to date 100 Town of Tillsonburg’s Leash Free Dog Park This Park is intended for leash free dog walking. It is not recommended that leashed dogs are walked in this park. Please remove your dogs leash after entering the park. For the good functioning of the off-leash area, users are required to respect the following rules. 1. Open from 6 am to Dusk 2. Up to date vaccinations and license tags required 3. Use the off-leash area at your own risk 4. Leash your dog while entering and exiting 5. Keep your dog within sight and under verbal control 6. Clean up after your dog 7. Do not allow your dog to chase wildlife 8. No puppies under 4 months, female dogs in heat, sick dogs or aggressive dogs 9. Dogs required by law to be leashed and muzzled must remain so while in the off-leash area 10. No glass containers, food or toys 11. Children must be supervised by an adult 12. Parents are advised this site is not suitable for young children Things to Consider 1. Who is Responsible? 2 Who will maintain and how (maintenance, daily checks)? 3. Will there be rules and regulations? 4. Who will enforce these rules and regulations? 5. Is there a core group of volunteers who will maintain the park? 6. Small Dogs/disabled – Separate hours? Or Separate fenced in areas? 7. Costs 8. Charge a membership fee? 9. Have park monitored by a core group of park goers to eliminate staffing costs 10. Forming a Friends of Dogs group (example:The City of London has a board of members for each individual dog park) 101 DISCUSSION Advantages: 1. Dog socialization 2. Dogs get to play with new friends and learn from each other 3. People socialization advantages 4. Dog oriented people can meet and interact 5. Doggy play dates can be arranged 6. Excellent venue for community oriented functions 7. Physical and Mental Stimulation 8. Excellent source of off-leash exercise for active dogs 9. Adequate physical and mental exercise lessens destructive and annoying behaviors 10. A tired dog is a well behaved dog 11. Humans cannot play with a dog like dogs play with each other. 12. Educational advantages 13. Owners can learn from other owners through conversation and observation of other dogs 14. Community Advantages 15. Dog parks lessen the chances of owners letting their dogs off-leash in other parks or green spaces in the community Disadvantages: 1. People 2. Aggressive dogs 3. Physical injury from dog related hazards 4. Lawsuits from dog fights 5. Parasites/diseases 6. Dogs 7. Aggressive dogs 8. Parasites and disease 9 Over excitement and lack of control 10. Injury of dogs 11. Community 11. Individuals will not understand the concept and will abuse the park 12. Won’t pick up after their dog 13. Leave dog unattended 14. Allow inappropriate behavior 15. Liability issues 16. Potential for noise 17. Disease and Parasites 18. Most dogs should be fully vaccinated and spayed or neutered before entering the park 102 Dog ParkAdhoc Committee RecreationAdvisory Committee MINUTES 103 DATE:Wednesday, March 25, 2009 TIME:6:30pm LOCATION:Tillsonburg Community Centre – Marwood Lounge PRESENT:Dace Zvanitajs, Debbie Brady, Don Baxter, Kim Sage, BobAlexander, Cheryl Becker, PatTodt, Greg Bruckler, Tamara Caldwell, Shawn Reid, Kevin Stoyles, Nicole Collins, Rachele Platteeuw,Tom Kirkland, LindsayTribble, Jane Haslinger, Barb Schleuter STAFF:Janet McCurdy, Kelly Batt, Laurie Monk ABSENT:Dan Mahony, Nicole, Debackere 1. Approval ofAgenda Moved by: Tom Kirkland Seconded by: PatTodt 2. Receiving of the Minutes from all the Committee members 3. Overview of Committee Mandate a. Site Selection Recommendation b. ParkAdministration - Funding Sources - Park Etiquette - On Going Operation 4. Overview of Site Selection In an effort to begin the site selection, the Committee agreed that the 4 popular locations, according to the survey, would be ad- dressed and pros and cons listed for each. PARTICIPARK – approximately 3 acres PROS CONS Central to over all town Strong current in the spring Location well known Creek – fishing, Conservation Authority would not allow dogs in creek Plenty of parking - lights No lights in area designated for park Fencing in area south and east of the parking lot No fencing in creek area – no control over dogs Minimal dollars required for fencing – some fencing in place already Small bridge to the east may require a fully engineered bridge, approx. replacement $40,000 Area has higher ground to the east, less wet Wet area to the west, near creek Close to “front of park” for all abilities to gain access to dog park without walking too far General public may not be in favour of location, many walkers, runners and park users Potential to drop a point for water No running water Approximately 3 acres Area too small. Need separate areas for small dogs. Larger dogs and smaller dogs don’t mix well Limited residential area Situated below Retirement Centre – potentially disturbing to residents On the Trans Canada Trail system Mature trees and shaded, natural setting Structured area with paths Area well used, self policed Emergency vehicles accessible 2 phase project - expansion 104 TILLSONBURG COMMUNITY CENTRE a) North of Kiwanis Ball Diamond and Horse Barns – approximately 5 acres TILLSONBURG COMMUNITY CENTRE b) Adjacent to Skate Park – approximately 5 acres CORONATION PARK SOCCER PARK The Committee agreed to eliminate this location based on the Soccer Club’s use. PROS CONS Trans Canada Trail, walkway in place Residential area Separate Parking Horses and dogs don’t mix – barking may spook horses Trees, shading Ball diamonds, tournaments, annual fair Water lines already in place PROS CONS Some shade Limited Shade Many apartments that need to walk/run pets Skate park on site Many seniors in area – good accessibility Residential area Potential to place a point for water supply Limited parking Youth yelling at dogs Area does not offer much stimulus for dogs Tennis players, skate boarders and dogs – mix? Destination park – may have to park a distance away PROS CONS Parking off of John Pound road Difficult to find No Fencing Pavillion rental for season long family picnics Limited parking Traffic from trails through golf course Geese throughout park Flooding in the spring, pond, creek Kiwanis sponsored playground area 105 ADDITIONAL SITES Cadman Subdivision – not town owned – Long Point Region ConservationAuthority North of North Street –Tanager/Bobolink area – New residential development planned Baldwin Street & Quarterline Rd – wooded lot, private ELLIOTT FAIRBAIRN CENTRE – approximately 3.5 acres TRANSFER STATION – approx. 12 acres Discussion took place with respect to site selection and the overall responsibility that the committee members have in choosing a loca- tion, keeping in mind being realistic, cost deterrents, public concern and site tours. The committee selected 4 locations to tour: Participark Tillsonburg Community Centre Transfer Station Elliott Fairbairn VOTE The Committee was all in favour of receiving information pertaining to: a) Size and acreage of above 4 sites; and, b) Costing for double gates and maintenance gate for above 4 sites. It was agreed that Google Earth images of all 4 sites be emailed to committee members. Directions will be sent to members directing everyone to theTransfer Station for the next meeting. 5) Next Meeting: Wednesday,April 8 at 6:30pm. Site tours at theTransfer Station then proceed to Participark 6)Adjournment: 8:30 pm PROS CONS Trees, shaded area Possible land sale Fenced on several sides Parking at Special Event Centre OPP Training Centre – secure location 1 Residence and 1 business nearby PROS CONS Trees on site, some shade Not central to town Enhancement of area Near residential area – Baldwin Place Parking Trail potential Long term area 106 DATE:Wednesday,April 8, 2009 TIME:6:30 pm LOCATION:Transfer Station on Newell Road PRESENT:BobAlexander, Greg Bruckler,Tamara Caldwell, Kevin Stoyles, Nicole Collins, Rachele Platteeuw, LindsayTribble, Jane Haslinger, Barb Schleuter STAFF:Janet McCurdy, Kelly Batt, Laurie Monk ABSENT:Dace Zvanitijs, Dan Mahony, Don Baxter, Kim Sage, Nicole Debackere, Cheryl Becker, Shawn Reid,Tom Kirkland, PatTodt The Committee met to tour 3 locations to be considered for the Dog Park: TillsonburgTransfer Station Elliott Fairbairn Centre Participark TILLSONBURGTRANSFER STATION The Committee met at theTransfer Station. It was noted that the area lacked shade trees, proper fencing and parking. In order to ac- complish these items, a significant dollar amount would have to be raised. Also, the future plans of theTransfer Station are unknown at this time; therefore, some members questioned the viability of the location. It was brought forward by G. Bruckler that possible as- sistance with landscaping could be done with the help of the local Horticultural Society. ELLIOTT FAIRBAIRN CENTRE The Committee walked the wooded area and open space at Elliott Fairbairn Centre. The wooded area currently exists with semi trails in place, which would require some clean up of brush and suckers. The area includes an extensive open green space. A small amount of fencing would be required at this location, as it is already fenced on 3 sides. Parking would be on the roadway next to the Special Event Centre. There is a concern that property could be sold by theTown ofTillsonburg in future and that raised questions as to the long term viability of this particular location. PARTICIPARK The Committee toured the area. It was pointed out that a portion of fencing already exists. The area has natural shading plus an exist- ing parking lot. There is a concern that the area is too small and that people will continue to walk their dogs off leash throughout the park, which would create problems with walkers. This potentially could be a secondary dog park location which should remain open to possibilities. Discussion took place regarding the CranberryTrail and possible future use for off-leash area. MeetingAdjourned at 8:20pm Next Meeting:April 16, 2009, 7:00pm atTillsonburg Community Centre, Marwood Lounge 107 DATE:Thursday,April 16, 2009 TIME:7:00 pm LOCATION:Tillsonburg Community Centre – Marwood Lounge PRESENT:Dace Zvanitajs, BobAlexander, Cheryl Becker, Greg Bruckler,Tamara Caldwell, Kevin Stoyles, Nicole Collins, Rachele Platteeuw, LindsayTribble, Jane Haslinger, STAFF:Janet McCurdy, Kelly Batt, Laurie Monk ABSENT:Dan Mahony, Nicole, Debackere, Debbie Brady, Don Baxter, Kim Sage, PatTodt, Shawn Reid,Tom Kirkland, Barb Schleuter Approval ofAgenda Moved by: BobAlexander Seconded by: Cheryl Becker Approval of Minutes ofApril 8, 2009 Additional absent – PatTodt Add: Discussion of CranberryTrail as a possible off-leash area to consider Moved by: Jane Haslinger Seconded by: Dace Zvanitajs Vote on Location of Dog Park Show of hands took place with the following results:Transfer Station – 0 Elliott Fairbairn – 9 Participark – 2 Discussion a) Rules of the park were discussed, agreeing that the list of rules that Cowan Insurance endorses should be followed. Dog owners are ultimately responsible for their dogs and must remain on site at all times. Rules that had been included in a previ- ous staff report will be emailed toAdhoc Committee members. Presentation to be prepared in the following format: - Executive Summary - Purpose - History - Discussion – Budget outline, site location - Recommendation on site, public meeting inviting neighbours, providing full disclosure of plan PresentationTimeline: April 23 – Draft presentation (Nicole Collins offered to prepare draft) to be emailed toAdhoc Committee members April 30 –Adhoc Committee to meet and review presentation May 4 – Presentation submitted for Council agenda May 11 – Council Meeting – Delegation to present report General Comments It was suggested that a formal dog park association be considered to: Enforce policies, rules General revenue through training and events Monthly memberships to assist in on-going maintenance and upkeep With consistent goals being achieved, members will pay - Portion of dog tag revenue or percentage allocated to dog park operation, maintenance - Concern that those dog owners purchasing dog tags should not have to pay for canine control for those dog owners who are not responsible in acquiring dog tags- -TheAdhoc Committee suggested that CranberryTrail be explored as an off-lease area. Next Meeting:Wednesday,April 30 at 7:00pm atTillsonburg Community Centre, Marwood Lounge Email addresses will be circulated to allAdhoc Committee, as well as, Dog park rules. Adjournment:8:10pm 108 DOG PARK – ADHOC COMMITTEE RECREATION ADVISORY COMMITTEE Dace Z. Debbie Brady Dan Mahony Don Baxter Kim Sage ADHOC COMMITTEE – DOG PARK Bob Alexander Cheryl Becker Pat Todt Greg Bruckler Tamara Caldwell Shawn Reid Kevin Stoyles Nicole Debackere Nicole Collins Rachele Platteeuw Tom Kirkland Lindsay Tribble Jane Haslinger Barbara Schleuter STAFF Janet McCurdy Kelly Batt Laurie Monk 109 http://excellence.frankcowan.com www.frankcowan.com Risk Management Considerations for Off-Leash Dog Parks Many municipalities have been approached by groups in the community to establish off-leash or leash-free parks within public areas. While these parks may provide exercise and socialization opportunities for Fido, they expose municipalities to considerable risk. Risk Management Considerations Although your municipality would be able to rely on any dog owners legislation applicable in your province that requires dog owners to maintain control of their animals at all times (such as the Dog Owners Liability Act in Ontario), there is a potential for liability because you are the occupier permitting the existence of the leash-free zone. It is foreseeable that injuries could occur in the off leash parks. For example, you might see: • A child or adult being attacked by an unleashed dog. • A conflict between two or more unleashed dogs. • An injury to a dog owner trying to protect their dog from another. Due to the likelihood of these incidents and the lack of viable risk controls to serve in the municipality’s defence, some percentage of fault would likely be attached to the municipality permitting off-leash zones. The municipality has a duty of care to implement controls that mitigate risk. Rules should be posted on municipal websites and signs at and around the park. Signs should use simple language and should note fines for not following park rules. • All visitors use the park at their own risk. • State the hours of the park. • Warn users and others that it is an off-leash park. • Advise that children should be supervised at all times. • Puppies under four months old and aggressive dogs should not use the park. • No food or glass containers are allowed. • Owners must clean up after their dog and properly dispose of waste. • Remind dog owners of their responsibility to keep their animal under control at all times. • Choke collars or collars with spikes are not allowed. • If a dog digs a hole, the owner is responsible for filling it prior to their departure. • Limit the number of dogs per person to two. • Professional dog walkers cannot enter the park with more than two dogs. The park should be physically separate from the general public. It shouldn’t be located around playgrounds, sports fields, public pathways or schools. The municipality must conduct inspections to monitor the use of the off-leash dog park. Remove or repair hazards as soon as they are reported. Ensure that there are waste receptacles placed around the park. Instruct owners that their pets must be licensed and have up to date vaccinations, including rabies. Consider working with a dog group in the community. Members are likely to be regular visitors to the off-leash dog park and will have a vested interest in its upkeep. Ask them to be vigilant in reporting misbehaviour, aggression or irresponsibility on behalf of dogs and/or their owners. Thoroughly inspect the park on a regular basis. There have been several cases recently where poison has been left around the park and dogs have ingested toxic material. In one instance antifreeze was injected into cupcakes. They were left by trees for dogs to find and eat. This reinforces why a “no food” rule is important. It allows out of the ordinary objects to be located quickly. Risk Management Centre of EXCELLENCE Frank Cowan Company Limited regularly researches and writes about issues that could affect our clients. These documents provide an opinion on key risk management issues but are not meant to provide any form of legal opinion or official interpretation. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. All rights reserved. ©2012 Frank Cowan Company Limited. 110 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 3905 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2015. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2015, and endorsed by resolution, February 9th, 2015, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $13,080,015 . B) A special levy for core area parking of $139,460. C) A special levy for the Business Improvement Area of $112,350. 2) That the tax rates hereby adopted for each class for the year 2015, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 27, 2015 SECOND INSTALMENT Thursday, October 29, 2015 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2015 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2015, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 111 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2015 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 11th DAY OF MAY, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MAY, 2015. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 112 TOTAL BASE RTC/RTQ GENERAL COUNTY SEWERS EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00723594 0.00424770 0.00024507 0.00195000 0.01367871 0.00121120 0.01488991 MT MULTI-RESIDENTIAL 0.01982648 0.01163870 0.00067149 0.00195000 0.03408667 0.00331868 0.03740535 CT COMMERCIAL 0.01376131 0.00807827 0.00046607 0.01430000 0.03660565 0.00230345 0.00184882 0.04075792 XT COMMERCIAL NEW CONSTRUCTION 0.01376131 0.00807827 0.00046607 0.01190000 0.03420565 0.00230345 0.00184882 0.03835792 CU VACANT UNITS/EXCESS LAND 0.00963292 0.00565479 0.00032625 0.01001000 0.02562396 0.00161242 0.00129417 0.02853055 CX VACANT LAND 0.00963292 0.00565479 0.00032625 0.01001000 0.02562396 0.00161242 0.00129417 0.02853055 XU COM'L NEW CONST. - EXCESS LAND 0.00963292 0.00565479 0.00032625 0.00833000 0.02394396 0.02394396 IT INDUSTRIAL 0.01903052 0.01117146 0.00064453 0.01530000 0.04614651 0.04614651 JT INDUSTRIAL NEW CONSTRUCTION 0.01903052 0.01117146 0.00064453 0.01190000 0.04274651 0.04274651 IU VACANT UNITS/EXCESS LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 IX VACANT LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 LT LARGE INDUSTRIAL 0.01903052 0.01117146 0.00064453 0.01530000 0.04614651 0.04614651 LU VACANT UNITS/EXCESS LAND 0.01236984 0.00726144 0.00041895 0.00994500 0.02999523 0.02999523 PT PIPELINES 0.00911222 0.00534913 0.00030862 0.01046182 0.02523179 0.02523179 FT FARMLAND 0.00180899 0.00106192 0.00006127 0.00048750 0.00341968 0.00341968 R1 FARMLAND DEV PH 1 0.00325617 0.00191147 0.00011028 0.00087750 0.00615542 0.00615542 TOWN OF TILLSONBURG Schedule "A " to By-Law 3905 2015 TAX RATES 113 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3911 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Robert M. Simon Construction Ltd. for the rehabilitation of the Baldwin Street Storm Outlet. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with Robert M. Simon Constuction Ltd. for the rehabilitation of the Baldwin Street Storm Outlet; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto forms Schedule A 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. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th DAY OF MAY, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MAY, 2015. ___________________________ MAYOR – Stephen Molnar ___________________________ CLERK – Donna Wilson 114 The Town of Tillsonburg ARTICLES OF AGREEMENT DIVISION No. 6 Baldwin Street Storm Outlet Page 1 Rehabilitation Tender # T2015-003 March 2015 ARTICLES OF AGREEMENT TENDER # T2015-003 THE CORPORATION OF THE TOWN OF TILLSONGBURG THIS AGREEMENT made in TRIPLICATE this _____________ DAY OF _________________ 201 5 BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the "Owner”) - and - (hereinafter called the "Contractor") WITNESSETH that in consideration of the mutual covenants, conditions, and agreements contained herein, the parties hereto and hereby agree as follows: ARTICLE I (A) The articles of this Agreement here with the Form of Tender, the Contract Drawings, Specifications, General and Special Provisions, Standard Drawings, and General Conditions of Contract, constitute the documents of the "Contract" and shall be read together establishing the Contract as fully and completely, to all the stipulations described herein. (B) The Contract Documents are listed as follows: Division No. 1 – Tendering Regulations Division No. 2 – Form of Tender Division No. 3 – Standard Contract Forms Division No. 4 – General Provisions Division No. 5 – Item Special Provisions Division No. 6 – Articles of Agreement Division No. 7 – OPS MUNI 100 General Conditions of Contract - November, 2006 Contract Drawings, OPS Specifications and Standard Drawings Addenda Issued during Tendering (if any) 115 The Town of Tillsonburg ARTICLES OF AGREEMENT DIVISION No. 6 Baldwin Street Storm Outlet Page 2 Rehabilitation Tender # T2015-003 March 2015 (C) The Contract Documents in order of precedence in the event of a conflict of information or inconsistency shall be as follows: 1) Division No. 1 – Articles of Agreement 2) Addenda Issued during Tendering (if any) 3) Contract Drawings 4) Division No. 5 – Item Special Provisions 5) Division No. 6 – General Provisions 6) Division No. 1 – Tendering Regulations 7) Division No. 2 – Form of Tender 8) Division No. 7 – OPS MUNI 100 General Conditions of Contract - November, 2006 9) OPS Specifications and Standard Drawings 10) Division No. 3 – Standard Contract Forms ARTICLE II The Contractor undertakes and agrees: (A) To supply all the materials, labor and equipment necessary to perform all the work in accordance with this Contract. (B) That the entire work under this Contract including all final clean-up and trimming be completed by the 28th day of August, 2015. (C) If the time limit specified in (B) is not sufficient to permit substantial performance of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work: (1) by reason of changes or alterations made under Section GC 3.11 of the General Conditions of Contract; (2) by reason of any breach of contract or prevention by the Corporation, or other contractor of the Corporation or any employee of any one of them; (3) by reason of delay by the Corporation in issuing instructions or information or in delivering materials; (4) by any other act or neglect of the Corporation or any other contractor of the Corporation or any employee of any one of them; (5) for any cause beyond the reasonable control of the contractor; or (6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub- Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Engineer, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. 116 The Town of Tillsonburg ARTICLES OF AGREEMENT DIVISION No. 6 Baldwin Street Storm Outlet Page 3 Rehabilitation Tender # T2015-003 March 2015 (D) An application by the Contractor for any extension of time as herein provided shall be made to the Corporation in writing at least fifteen (15) working days prior to the date of completion fixed by the Contract. The application for any extension of time will be considered by the Corporation only for those conditions as outlined under Clause GC3.07 “Extension of Contract Time” of the General Conditions All bonds or other surety furnished to the Corporation by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Corporation with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Corporation whatsoever under this Contract and all of such rights shall continue in full force and effect that the time limited. In this Contract for the completion of the work and whenever in this Contract power and authority is given to the Corporation or the Engineer or any person to take any action consequent upon the act, default, breach, neglect, delay, non-observance or non-performance by the Contractor in respect of the work or Contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Engineer. (E) That in case all the work called for under the Contract is not finished or completed within the date of completion specified, damage will be sustained by the Corporation, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Corporation will sustain in the event of and by reason of such delay and the parties thereto agree that the Contractor will pay to the Corporation Liquidated Damages for each and every calendar days delay in finishing the work beyond the date of completion specified as follows: A sum of $500.00 per calendar day for each and every calendar day delay in completing the work beyond the specified date of completion. It is agreed that this amount is an estimate of actual damage to the Corporation which will accrue during the period in excess of the prescribed date of completion. The Corporation may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Corporation. (F) To furnish a guarantee performance and maintenance Bond satisfactory to the Owner at Contractor's expense in accordance with the terms of the Bonding Certificate in The Form of Tender. ARTICLE III The Owner undertakes and agrees: (A) That during the progress and completion of the work under this Contract, the Contractor shall receive payment in accordance with the terms and conditions contained herein. 117 The Town of Tillsonburg ARTICLES OF AGREEMENT DIVISION No. 6 Baldwin Street Storm Outlet Page 4 Rehabilitation Tender # T2015-003 March 2015 ARTICLE IV If and whenever either party hereto desires to give notice to the other concerning any matters related to this contract, such notice shall be given sent by prepaid registered mail correctly address to follows: The Contractor: The Owner THE CORPORATION OF THE TOWN OF TILLSONBURG 200 Broadway Street Town Centre Mall, 2nd Floor Tillsonburg, ON N4G 5A7 The Engineer: KEVIN DE LEEBEECK, P. Eng. Director of Operations 200 Broadway Street Town Centre Mall, 2nd Floor Tillsonburg, ON N4G 5A7 ARTICLE V This agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of this day and year set out above. ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) ) ____________________________________ ) MAYOR: Steven Molnar ) ) ) ____________________________________ ) CLERK: Donna Wilson ) ) THE CONTRACTOR: ) ) )____________________________________ ) Signing Officer ) I/We have authority to bind the Corporation ) ) ) ____________________________________ ) Signing Officer ) I/We have authority to bind the Corporation 118 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3910 A BY-LAW to Authorize a Consulting Agreement between the Corporation of the Town of Tillsonburg and IMS Infrastructure Management Services of Cambridge, Ontario. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a consulting agreement with the IMS Infrastructure Management Services of Cambridge, Ontario, for the provision of road condition assessments for the entire municipal road network; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Consulting 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. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th DAY OF MAY, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MAY, 2015. ___________________________ MAYOR – Stephen Molnar ___________________________ CLERK – Donna Wilson 119 Town of Tillsonburg Consultant Agreement Page 1 of 17 TOWN OF TILLSONBURG CONSULTANT AGREEMENT THIS AGREEMENT made the day of , 2015. BETWEEN: _________________________________ (hereinafter called the “Consultant”) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Town”) OF THE SECOND PART WHEREAS the Town requested Proposals from interested proponents for the provision of consulting services for road condition assessments as described in Schedule “A” attached hereto; AND WHEREAS the Consultant submitted a proposal dated 2015 attached hereto as Schedule “B”; AND WHEREAS the Town wishes to retain the Consultant to deliver the Services as set out in this Agreement; AND WHEREAS the Consultant has represented to the Town that it has the skills and ability to deliver the Services to the Town in an effective and efficient manner; NOW THEREFORE in consideration of the mutual covenants herein contained and the provision of other good and valuable consideration (the receipt and adequacy of which is acknowledged) the Parties hereto agree as follows: 1. Definitions “Agreement” means this agreement to provide the Services to the Town and includes 1.1 any amendments, supplements, schedules, exhibits or appendices attached, referencing this agreement, or expressly made a part hereof. Schedule A to By-Law 3910 120 Town of Tillsonburg Consultant Agreement Page 2 of 17 “Confidential Information” means any and all material and information whatsoever 1.2 of the Town and/or representatives of the Town which has or will come into the possession or knowledge of the Consultant or any Consultant Personnel in connection with or as a result of the relationship of this Agreement including, without limitation, information concerning the Town’s past, present and future clients, suppliers, and business. For the purposes of this definition, “information” and “material” includes know-how, data, patents, copyrights, trade secrets, processes, techniques, programs, designs, formulae, marketing, advertising, financial, commercial, sales, or programming materials, written materials, agreements, draft agreements, requests for proposals, compositions, drawings, diagrams, computer programs, studies, work-in- progress, visual demonstrations, ideas, concepts, and other data, in oral, written, graphic, electronic, or any other form or medium whatsoever. Notwithstanding the foregoing, Confidential Information does not include the following information: (a) information which is in the public domain when it is received by or becomes known to the Consultant or Consultant Personnel or which subsequently enters the public domain through no fault of the Consultant or Consultant Personnel (but only after it enters the public domain); (b) information which is already known to or in the possession of the Consultant or Consultant Personnel at the time of its disclosure to the Consultant or Consultant Personnel by the Town and/or representatives of the Town and is not the subject of an obligation of confidence of any kind; (c) information which is received by the Consultant or Consultant Personnel without an obligation of confidence of any kind from any person (other than the Town and/or representatives of the Town); and (d) information which is disclosed by the Consultant or Consultant Personnel pursuant to a requirement of law or of a governmental agency or by operation of law, provided that the Consultant or Consultant Personnel has disclosed only that part of the Confidential Information which it was required to disclose and has notified the Town prior to such disclosure in a timely fashion in order to permit the Town to attempt to prevent or restrict such disclosure should it so elect. For greater clarity, Confidential Information shall include materials and information of a third party in the possession of the Town and/or representatives of the Town. “Consultant Personnel” means individuals employed, retained by or acting on 1.3 behalf of the Consultant or a permitted subconsultant of the Consultant. “Project Schedule” means the intended start and finish dates for the Services as 1.4 proposed by the Consultant and approved by the Town and as otherwise provided in the Proposal and this Agreement. 121 Town of Tillsonburg Consultant Agreement Page 3 of 17 “Proposal” means the proposal submitted to the Town by the Consultant and attached 1.5 hereto as Schedule “B”. “Services” means the services to be furnished by the Consultant to the Town pursuant 1.6 to this Agreement, as specified in the scope of work described in Schedule “A” and as identified in Schedule “B” attached hereto. 2. Services of the Consultant The Consultant shall provide to the Town the Services in accordance with the terms 2.1 and conditions of this Agreement and agrees to undertake the scope of work described in Schedule “A” and perform the consulting services identified in Schedule “B” for the Town. The scope of work described in Schedule “A” and the consulting services identified in 2.2 Schedule “B” may be amended or otherwise modified by agreement in writing by the Town and the Consultant and attached to this Agreement and, thereafter, the Services shall be deemed to include the services described in such amended scope of work and/or consulting services. 3. Level of Services Unless otherwise expressly specified in this Agreement, the Consultant agrees to 3.1 supply at its sole cost and expense all staff, equipment, accommodations, disbursements and technical assistance necessary to perform the Services to be furnished under this Agreement and assume all overhead expenses in connection therewith, to the reasonable satisfaction of the Town. 4. Commencement and Prosecution of Work The Consultant shall commence work pursuant to this Agreement when directed by 4.1 the Town. The Consultant shall proceed with due dispatch to ensure that its obligations are completed as quickly as reasonably possible, but in any event to be completed before the completion date set out in Schedule “A”. The Town shall give due consideration to all plans, drawings, reports, tenders, proposals, and other information provided by the Consultant and shall make any decisions which it is required to make in connection therewith within a reasonable time so as not to delay the work of the Consultant. The Town shall be entitled to terminate this Agreement at any time without cause, 4.2 whether or not the Consultant has breached or failed to perform any of its obligations to the Town under this Agreement, and in the event of such termination, the remuneration payable to the Consultant shall be determined by calculating the proportion of the work completed and applying that proportion to the fees payable hereunder for the Services. 122 Town of Tillsonburg Consultant Agreement Page 4 of 17 5. Total Contract Price In consideration of the Services provided by the Consultant, the Town agrees to pay 5.1 the Consultant the sum of <WRITTEN NUMERIC WORDS> dollars and xx/100 ($XX,XXX.XX). The sum of payment includes all fees, disbursements and applicable taxes, except for H.S.T. which (if applicable) shall be included in each invoice submitted to the Town and the Town agrees to pay such applicable H.S.T. to the Consultant. In each invoice submitted to the Town, the Consultant shall include all applicable 5.2 Taxes. The Consultant shall remit all applicable Taxes to the applicable taxing authorities as required by law. The Consultant hereby covenants and agrees to indemnify the Town and save it harmless from and against all liabilities and claims whatsoever against the Town, including, without limitation, fines, penalties and interest thereon, for or by reason of or in any way arising out of its failure to deduct, withhold or contribute any amount in respect of its payments to the Consultant pursuant to this Agreement. Such liabilities and claims shall include, without limiting the generality of the foregoing, federal or provincial income taxes, federal or provincial pension plan contributions, unemployment insurance premiums, workers’ compensation premiums and contributions under any federal or provincial social insurance or income security programs. Notwithstanding subsection 5.1 above, the parties may agree on the performance of 5.3 extra work by the Consultant. Any such extra work must have been approved in writing, in advance, by the Town and, failing such approval; no payment shall be made in respect of same. 6. Payment Payments shall be made to the Consultant by the Town, to the limits established in 6.1 Section 5 of this Agreement, in accordance with invoices from the Consultant detailing charges owing and based on the completion of tasks outlined in the Consultant’s Proposal and Project Schedule. Valid invoices submitted to the Town with respect to Services shall, subject to the terms and conditions of this Agreement be paid by the Town within 30 days of receipt by the Town of the applicable invoice. Progress payments for the Services performed by the Consultant shall be made only 6.2 where expressly agreed in writing by the Town. A claim for a progress payment made by the Consultant shall not include any aspect of the Services not yet fully and properly performed. If any Services under the Agreement are included by the Consultant in its progress 6.3 claims as partially or fully completed, but are not completed in accordance with the Agreement or are not otherwise completed to the Town’s satisfaction, the Town may withhold from payment the total amount payable, or a part thereof, for those Services until they are completed or corrected to the full satisfaction of the Town. 123 Town of Tillsonburg Consultant Agreement Page 5 of 17 Where a contingency allowance is provided for in the Agreement, the Consultant shall 6.4 not be entitled to payment of the whole or any part of that amount, except to the extent that it can be shown that extra or additional Services have been carried out by the Consultant beyond that contemplated within the Agreement, and those extra Services have been approved in writing, in advance, by the Town’s Project Manager or contract representative as set out in this Agreement. 7. Term This Agreement shall commence on the date set forth above and, subject to earlier 7.1 termination as provided for in this Agreement, continue in effect until the completion date identified in Schedule “A” (the “Term”). The Town will have the option to extend this Agreement for satisfactory completion of 7.2 the Services herein provided by the Consultant and/or for additional work that may be required. The Town reserves the right to award any follow-on work to the Consultant without necessitating a separate procurement process. The provisions of and the rights, obligations and liabilities of the parties under 7.3 Sections 1, 5, 6, 13, 14, 16 – 31 of this Agreement shall survive the termination of this Agreement and shall continue in full force and effect thereafter. 8. Insurance Requirements Throughout the Term of the Agreement, the Consultant covenants and agrees to 8.1 purchase, maintain and keep in full force and effect a policy or policies of: 8.1.1 Comprehensive General Liability Insurance, applying to all operations of the Consultant subject to limits of not less than five million dollars ($5,000,000) per occurrence which shall include coverage for personal injury, including death, broad form property damage, and contingent employer’s liability. The Town reserves the right from time to time to request greater amounts or other types of policies appropriate to the work as the Town may reasonably require and the Consultant agrees to comply with all such reasonable requests made by the Town in this regard. In addition, any subconsultants have to be approved by the Town before any work is done and the following insurance and indemnification requirements and clauses apply to said subconsultants. The insurance policy shall: a. include as additional insured’s “The Corporation of the Town of Tillsonburg” and the “County of Oxford”; b. contain a cross-liability clause, severability of interests clause endorsement; c. contain a clause including Contractual Liability coverage arising out of the Agreement; 124 Town of Tillsonburg Consultant Agreement Page 6 of 17 8.1.2 Automobile Liability Insurance, that complies with all requirements of the current legislation of the Province of Ontario, having an inclusive limit of liability of not less than two million dollars ($2,000,000) per occurrence or such greater amount as the Town may from time to time reasonably request, in respect of the use or operation of all licensed vehicles owned or leased by the Consultant for the provisions of Services. 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; 8.1.3 Non-Owned Automobile Liability Insurance, in standard form having an inclusive limit of not less than two million dollars ($2,000,000) per occurrence or such greater amount as the Town may from time to time reasonably request, in respect of the use or operation of vehicles not owned by the Consultant for the provisions of Services; 8.1.4 Professional Liability Insurance (Errors and Omissions), is required and will have an inclusive limit of not less than two million dollars ($2,000,000) or, alternatively, the Consultant shall purchase and maintain in force for the duration of the project, single project Professional Errors and Omissions Liability Insurance with limits dedicated to the Services and having an inclusive limit of not less than two million dollars ($2,000,000) per claim. The Consultant shall ensure any person providing professional service in connection with this Agreement have and maintain the required Professional Liability Insurance as described herein. Proof of insurance will be submitted by way of an executed Certificate of Insurance in 8.2 a form satisfactory to the Town each year and at least ten (10) days prior to renewal of policy. All requested lines of coverage to be shown on the Certificate of Insurance. The Consultant shall neither perform nor be remunerated for any Services under this Agreement unless and until said insurance certificate has been provided and approved by the Town insurer. All such insurance policies shall be maintained in force for the Term and provide that 8.3 it is not cancellable or changeable unless prior written notice by mail or facsimile transmission has been received by the Town from the insurer(s) not less than thirty (30) days prior to the cancellation date or the date any changes are to take effect with respect to the policy/policies. It shall be the sole responsibility of the Consultant to determine what additional 8.4 insurance coverage, if any, are necessary and advisable for its own protection and/or to fulfill its obligation under this Agreement. Any such additional insurance shall be maintained and provided at the sole expense of the Consultant. The Consultant and the Town agree to immediately notify the other party of an 8.5 occurrence, incident, or event which may reasonably be expected to expose any of the parties hereto to liability of any kind in relation to the Services and/or this Agreement. 125 Town of Tillsonburg Consultant Agreement Page 7 of 17 The issuance of such policies of insurance shall not be construed as relieving the 8.6 Consultant from responsibility for other or larger claims, if any, for which is may be held responsible. 9. Indemnification The Consultant shall indemnify and save harmless the Town, its employees, agents, 9.1 successors, members and assigns (collectively the “Indemnified Parties”), from and against all actions, causes of action, suits, claims and demands whatsoever which may be brought against or made upon any one or more of the Indemnified Parties and against any and all losses, liability, judgments, claims, costs, demands or expenses which any one or more of the Indemnified Parties may sustain, suffer, or be put to resulting directly or indirectly from or as a consequence of or in connection with the Services provided by the Consultant, including but not limited to those arising out of the Consultant’s failure to exercise reasonable care, skill or diligence in the performance or rendering of any work or service required hereunder to be performed or rendered by the Consultant. Without limiting the generality of the foregoing, the Consultant hereby agrees to well 9.2 and truly save, keep harmless and fully indemnify the Indemnified Parties from and against all actions, causes of action, suits, claims and demands whatsoever which may be brought against or made upon any one or more of the Indemnified Parties, for the infringement of or use of any intellectual property rights including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, negatives, data, material, sketches, notes, documents, memoranda, or computer software furnished by the Consultant in the performance of this Agreement. All goods and services provided to the Town pursuant to this Agreement, including 9.3 information, software and other intellectual property, shall be fully warranted against defects in accuracy, material and workmanship (as applicable) for a warranty period which commences immediately upon the supply and delivery of the goods and services, and which terminates one (1) year following the total completion of this Agreement. 10. WSIB The Consultant prior to commencing the Services, 10.1 (a) shall submit to the Town an original Clearance Certificate from the Ontario Workplace Safety and Insurance Board and shall provide additional certificates with respect to such coverage every ninety (90) days, or as often as the Town deems necessary during the Term of the Agreement to ensure continued good standing with the Workplace Safety and Insurance Board; or 126 Town of Tillsonburg Consultant Agreement Page 8 of 17 (b) furnish proof in a form satisfactory to the Town from the Workplace Safety and Insurance Board that the Consultant does not require Workplace Safety and Insurance Board insurance, but in such a case if the Consultant changes its status during the term of the Agreement so that such coverage is required, the Consultant shall immediately provide the Town with the certificate required under subsection 10.1 (a). Where a substantial portion of the work to be done under the Agreement is to be 10.2 carried out by a subconsultant, the Town may require the Consultant to furnish the same evidence as provided under subsection 10.1. 11. Consultant Standard of Care During the entire Term of this Agreement, the Consultant shall devote such time and 11.1 attention to the performance of the Services as is necessary for the proper and effective exercise of its obligations under this Agreement. In performing the Services under this Agreement and in otherwise exercising its powers and discharging its obligations and duties hereunder, the Consultant shall and shall ensure that all Consultant Personnel; (a) act diligently, honestly and in good faith and in the best interests of the Town; (b) exercise the degree of care, skill and diligence that fully experience, careful and prudent consultants employing best practices would exercise in comparable circumstances; (c) to the best of its ability make every effort to promote the interests and reputation of the Town; and (d) to the best of its ability assist the Town in achieving its objectives and goals. The Consultant shall act ethically and fairly in all of its dealings with the Town and all 11.2 elected or appointed officials, officers, employees and independent contractors of the Town, and co-operate with them in respect of the discharge of their duties to the Town. The Consultant shall not act in any case where there may be any conflict of interest 11.3 between it (or any of its directors, officers, employees, subconsultants or Consultant Personnel) and the Town. The Consultant shall notify the Town of and fully disclose to the Town, in writing and immediately upon same becoming known to the Consultant, any potential or actual conflict of interest that may arise or has arisen prior to the execution of this Agreement or during the performance of its duties under the Agreement. 127 Town of Tillsonburg Consultant Agreement Page 9 of 17 12. Assignment, Subconsulting and Consultant Personnel The Consultant shall not sell, assign, convey, transfer or encumber in any manner this 12.1 Agreement, any part of this Agreement or any of its rights or obligations hereunder without the prior written consent of the Town. Any such attempted sale, assignment, conveyance or transfer in violation hereof by the Consultant shall be void and of not force and effect. The Consultant is the prime contractor under this Agreement and, as such, no 12.2 subconsulting by the Consultant shall relieve the Consultant of any responsibility for the full performance of all obligations of the Consultant under this Agreement. Notwithstanding the approval of any subconsultants by the Town, the Consultant shall assume full responsibility for the performance of the Services in accordance with the terms of this Agreement, including any activities, works, and/or Services provided by subconsultants and any acts and/or omissions of subconsultants. The Consultant shall provide Consultant Personnel that possess the training and 12.3 qualifications required to deliver the Services. 13. Confidential Information Upon completion or expiration or earlier termination of this Agreement, whichever 13.1 shall first occur, the Consultant shall return to the Town all written or descriptive matter, including but not limited to drawings, descriptions, or other papers, documents or any other material, which contains any Confidential Information which is then in the possession or control of the Consultant or any Consultant Personnel and shall remove all digital representations thereof in any form from all electronic storage media in its or their possession or control, and shall certify in writing to the Town that the Consultant has fully complied with this subsection. Except as expressly provided in this paragraph, no Confidential Information shall be disclosed without the approval in writing of the Town, and: (a) the Consultant shall hold all Confidential Information in trust and strictest confidence for the Town and shall not disclose any such Confidential Information, by publication or other means, to any person, company or other government agency nor use same for any other project other than for the benefit of the Town as may be authorized by the Town in writing; (b) any request for such approval by the Town shall specifically state the benefit to the Town of disclosure of Confidential Information; (c) any use of the Confidential Information shall be limited to the express purposes as set out in the approval of the Town; 128 Town of Tillsonburg Consultant Agreement Page 10 of 17 (d) the Consultant shall not, at any time during or after the Term of this Agreement, use any Confidential Information for the benefit of anyone other than the Town; (e) the Consultant shall not make any copies or partial copies of the Confidential Information except as required for its permitted use as described herein or as otherwise authorized in writing by the Town. The Consultant shall take all reasonable steps to protect the Confidential Information to ensure that Confidential Information is not disclosed, distributed or used in violation of the provisions of this Agreement; and, (f) the Consultant shall ensure that all Consultant Personnel having access to the Confidential Information comply with this Section of the Agreement. The Consultant acknowledges that disclosure of Confidential Information may cause 13.2 serious and irreparable harm to the Town which cannot be adequately compensated for in damages and accordingly agrees that the Town shall be entitled to obtain injunctive relief, in addition to any other appropriate remedy, to prevent such disclosure. 14. Right of Ownership and Use Upon completion or other termination of this Agreement, all information, negatives 14.1 from original photography, computer software, data, material, sketches, plans, designs, notes, documents, memoranda, specifications or other paper writing gathered, assembled, or prepared by the Consultant and/or Consultant Personnel (hereinafter collectively referred to as "the material") shall become the sole property of the Town including copyright with respect to all such material. The Consultant shall execute any documents required to give effect to the foregoing. The Consultant waives in whole and in part any and all moral rights arising under the 14.2 Copyright Act in the material as against the Town and anyone claiming rights of any such nature from or through the Town. Further, the Consultant represents and warrants that its employees, servants, subconsultants and agents (Consultant Personnel) have waived or shall waive in whole and in part any and all moral rights arising under the Copyright Act in the material as against all parties, including the Consultant and the Town, and anyone claiming rights of any such nature from or through the Town. The Consultant acknowledges and agrees that, as a consequence of the assignment and 14.3 waiver as herein stated, all rights which may subsist in the material shall be and remain the sole and exclusive property of the Town and the material shall be treated as Confidential Information. 129 Town of Tillsonburg Consultant Agreement Page 11 of 17 15. Accessibility for Ontarians with Disabilities Act, 2002 and Barrier Free Design Guidelines The Town is committed to providing equal treatment to people with disabilities with 15.1 respect to the use and benefit of Town services, programs, and goods in a manner that respects their dignity and that is equitable in relation to the broader public. Effective 1 January 2010, third party contractors who deal with the public or other 15.2 third parties on behalf of the Town, as well as vendors who participate in developing Town policies, practices or procedures governing the provision of goods and services to members of the public or other third parties, must conform with the Accessibility Standards for Customer Service, O. Reg. 429/07 (Appendix A) (“Regulation”), under The Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Pursuant to Section 6 of the Regulation, the Consultant shall ensure that all of its 15.3 employees, agents, volunteers, or others for whom it is at law responsible, receive training about the provision of the goods and services contemplated herein to persons with disabilities. Such training shall be provided in accordance with Section 6 of the Regulation and shall include, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. Where requested by the Town, the Consultant shall provide written proof that employees working with Town staff and/or public have been trained as required under the act as well as any documentation regarding training policies, practices and procedures. 16. Consultants Default and Town’s Remedies The provisions of this section are in addition to any other rights, privileges and 16.1 remedies to which the Town is entitled by Law, in equity or otherwise in the Agreement. The following shall constitute, without limitation, acts or events of default (“Default”) 16.2 by the Consultant: (a) where the Consultant fails or neglects to commence or to proceed with the provision of Services diligently and at a rate of progress that in the opinion of the Town will ensure entire completion within the time provided for in the Agreement; (b) where the Town reasonably determines that the Consultant has abandoned its duties with respect to the Services or failed to observe and perform any of the provisions of the Agreement, the determination of which shall be at the sole discretion of the Town; (c) where the Consultant fails to comply with and maintain in good standing any insurance policies, professional certificates, permits, licences or approvals 130 Town of Tillsonburg Consultant Agreement Page 12 of 17 required by the Agreement or commits any acts or omissions that jeopardizes or may jeopardize these policies, permits, licences or approvals; (d) where the Consultant fails to comply with or observe or perform, or breaches or violates, any provision, term, covenant, warranty, condition, responsibility and/or obligation of the Agreement; (e) where the Consultant fails to comply with any laws, statutes, rules or regulations; (f) where the Consultant fails to comply with any instruction or direction of the Town; (g) where the Consultant defaults in the completion of the Services within the time limit under the Agreement or within a Town-extended time limit; (h) where the Consultant makes an assignment for the benefit of creditors or becomes bankrupt or insolvent, or makes a proposal to its creditors. Without restricting, limiting, precluding or otherwise prejudicing any other right, 16.3 privilege or remedy of the Town provided in this Agreement or by law or in equity, in the event that the Consultant has committed an act of Default or an event of Default has occurred, the Town may provide written notice (“Default Notice”) to the Consultant to the effect that if the Consultant does not completely remedy the Default to the satisfaction of the Town within three (3) business days of delivery of the Default Notice, or such other period of time as may be specifically provided for under the Agreement or otherwise granted by the Town in writing, in its absolute discretion, then the Town may terminate the Agreement and/or the Services of the Consultant immediately. If the Default is not completely remedied to the satisfaction of the Town in accordance 16.4 with subsection 16.3, the Town may terminate the Agreement immediately and enforce any performance bond, letter of credit or other performance security provided by the Consultant (where applicable). A waiver of a Default shall not extend to, or be taken in any manner whatsoever to 16.5 affect the rights of the Town with respect to any subsequent default, whether similar or not. The remedies provided in this Agreement are in addition to all other legal, equitable or 16.6 statutory remedies to which the Town is otherwise entitled, as well as any other remedies stipulated in the Agreement, and the taking of any one remedy shall not preclude the taking of any other remedy. If the Town terminates the Agreement as a result of an act or event of Default, in 16.7 addition to any other rights, privileges and remedies it is entitled to, the Town may: 131 Town of Tillsonburg Consultant Agreement Page 13 of 17 (a) take possession of all of the work in progress, supplies, goods and materials, and complete the Services by whatever means the Town may deem appropriate under the circumstances; (b) withhold any further payments to the Consultant until the completion of the Services and the expiry of all obligations; and (c) recover from the Consultant loss, damage and expense incurred by the Town or may be incurred by the Town by reason of the Consultant’s default (which may be deducted from any monies due or becoming due to the Consultant, with any balance remaining to be paid by the Consultant to the Town). Unless the Town otherwise agrees in writing and without limiting any other provision 16.8 of this section, the failure, refusal or neglect by the Consultant to deliver the Services in a diligent manner within the time specified or to promptly replace, remedy or correct the Consultant’s performance and/or Services as required pursuant to the Agreement shall be deemed to constitute an authority for the Town to purchase and/or replace the Services in question on the open market. The Consultant shall forthwith reimburse the Town for all of its extra costs and expenses incurred to purchase and/or replace such Services, and the Town’s internal costs and any delay costs. 17. Compliance with Laws The Consultant shall comply with all Federal, Provincial and Municipal laws, statutes, 17.1 rules and regulations which are in any way related to or connected with the conduct of the business of the Consultant, the Services of this Agreement including, but not limited to, the Occupational Health and Safety Act, or any successor legislation, as applicable, and to provide to the Town, upon request, reports confirming such compliance. The Consultant shall comply with the Human Rights Code and refrain from acts of 17.2 discrimination and harassment in the same manner as would apply to employees of the Town pursuant to applicable laws and its Code of Conduct. The Consultant shall at all times comply with all corporate rules, guidelines and 17.3 policies of the Town. 18. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the 18.1 Province of Ontario and the federal laws of Canada, as applicable to the matters herein. Any action or other legal proceeding arising under or with respect to the Agreement will be determined by a court of (or other forum) of competent jurisdiction within the Province of Ontario and all courts competent to hear appeals from them. 132 Town of Tillsonburg Consultant Agreement Page 14 of 17 19. Agreement Non Exclusive Unless otherwise expressly provided in the Request For Proposals attached hereto as 19.1 Schedule “A” or any Addendum thereto, no Agreement shall be deemed to confer upon the Consultant an exclusive right to supply those Services to the Town related to this Agreement or otherwise. 20. Notification Any demand, notice, direction or other communication required, or permitted to be 20.1 given under this Agreement shall be in writing and shall be addressed to the respective parties as follows: The Corporation of the Town of Tillsonburg 200 Broadway St. Unit 204 Tillsonburg, Ontario N4G 5A7 Attention: Director of Operations Name of Consultant Address of Consultant City, Province Postal Code Attention: Either party may change its address by notice given in accordance with this section. 20.2 Notices may be delivered personally, in which case they shall be effective immediately, or through regular mail, in which case they shall be effective on the fifth (5th) day following mailing. 21. Interpretation Words importing the masculine gender shall include the feminine and neuter, and the 21.1 singular shall include the plural where the meaning or context so requires and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. All captions, titles, and paragraph headings in this Agreement are inserted for 21.2 convenience and ease of reference only and do not define, limit or enlarge the scope, meaning or intent of any provisions of this Agreement. 133 Town of Tillsonburg Consultant Agreement Page 15 of 17 22. Complete Agreement This Agreement, including the Schedules attached hereto, constitutes the complete and 22.1 exclusive statement of the agreement between the parties hereto and supersedes and replaces all previous communications, agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties relating to the subject matter of this Agreement. 23. Relationship of the Parties The Consultant shall perform the Services as an independent contractor and nothing in 23.1 this Agreement shall be construed to create or imply a relationship of partners, joint ventures, principal/agent, or employer/employee between the Consultant and the Town. The Consultant shall have no power or authority to bind the Town or to assume or create any obligation or responsibility, express or implied, of any nature or any kind, in law or in equity on the Town’s behalf. The Consultant shall not hold itself out to any third party as a joint venture, partner, agent, employee or servant of the Town, and nothing contained in this Agreement shall operate or be construed so as to create any such relationship between the Consultant and the Town. The Consultant shall be solely responsible for the payment of compensation, workers’ compensation, disability benefits, employment insurance and all other similar payments and benefits and for withholding income taxes or other deductions with respect to all individuals employed or, if permitted by this Agreement, retained by the Consultant to provide the Services. 24. Successors and Assigns This Agreement shall enure to the benefit of and be binding on the parties hereto, and 24.1 their respective heirs, successors and permitted assigns. Provided, however, that the Consultant shall not assign this Agreement nor any interest herein without the prior written consent of the Town, and for the purposes of this Agreement, assignment shall include any transfer in the majority ownership or controlling interest in the Consultant, whether through the sale of shares, direct acquisition of assets or otherwise. 25. Changes to Agreement in Writing Any variation, amendment or addition of or to this Agreement shall be in writing and 25.1 be signed by the Consultant and the Town pursuant to and in accordance with authority delegated by Council for the Town, and shall be binding upon the Consultant and the Town as fully and to the same extent as if set out herein. 26. Schedules Schedules “A” and “B” to this Agreement and as attached hereto form part of this 26.1 Agreement. 134 Town of Tillsonburg Consultant Agreement Page 16 of 17 27. Representations and Warranties The Consultant represents and warrants as follows to the Town and acknowledges and 27.1 confirms that the Town is relying on such representations and warranties: (a) the Consultant is a legal entity established under the laws of its jurisdiction and has all the necessary power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement; (b) the Services will be performed in an efficient and professional manner by duly competent and trained Consultant Personnel that have the requisite experience to provide the required services; (c) The Consultant is not now a party to any agreement or business relationship which is in conflict with this Agreement, and the Consultant shall not enter into any agreements or incur any obligations during the term of this Agreement or after which may be in conflict with this Agreement; and (d) The Consultant is not a “non-resident person” for the purposes of the Income Tax Act (Canada). 28. Severability In the event that one or more of the provisions contained in this Agreement shall for 28.1 any reason be held to be invalid, illegal or unenforceable in any respect, no other provisions contained in this Agreement shall be affected or impaired thereby. 29. Order of Precedence In the event of any conflict between any of the provisions of the Proposal and the body 29.1 of this Agreement, the provisions in the body of this Agreement shall govern. 30. Counterparts This Agreement may be executed in any number of counterparts, each of which shall 30.1 be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. The parties hereto may execute the counterparts in either original, faxed form or other electronic communication and the parties adopt any signatures received by a receiving fax machine or other electronic communication as original signatures of the parties but any party providing its signature by fax or other electronic communication shall promptly forward to the other party an original of the signed copy of this Agreement that was faxed or sent by other electronic communication. 135 Town of Tillsonburg Consultant Agreement Page 17 of 17 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their respective proper signing offices in that behalf duly authorized. SIGNED, SEALED AND DELIVERED as of the date first above written ) CONSULTANT LEGAL NAME ) ) ) ____________________________________ ) Name and Position ) I/We have authority to bind the Consultant ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) ) ____________________________________ ) MAYOR: Steven Molnar ) ) ) ____________________________________ ) CLERK: Donna Wilson 136 Town of Tillsonburg Consultant Agreement SCHEDULE “A” Request for Proposal RFP 2015 - 004 and any Addenda issued 137 Town of Tillsonburg Consultant Agreement SCHEDULE “B” Consultant Proposal dated , 2015 138 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3912 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 11th day of May, 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 May 11, 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 11TH DAY OF MAY , 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 11TH DAY OF MAY, 2015. ________________________________ Mayor – Stephen Molnar ________________________________ Municipal Clerk – Donna Wilson 139