151109 Council=
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 Darrell Eddington, Director of Finance
Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services
Tricia Smith, Deputy Clerk
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Closed Session
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council move into Closed Session to consider:
1. A matter in respect of which a council, board, committee or other body may hold a
closed meeting under another Act (THI);
2. A proposed or pending acquisition or disposition of land by the municipality or local
board (Hardy Avenue).
Carried
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, November 09, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINUTES
Council Meeting – Minutes - 2 -
3. Adoption of Agenda
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Agenda as prepared for the Council meeting of Monday, November 09, 2015, be
adopted as amended.
Carried
4. Moment of Silence
The Mayor asked for a moment of silence in honour of Remembrance Day and to give
thanks.
5. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
6. Adoption of Council Minutes of Previous Meeting
6.1. Minutes of the Meeting of October 26, 2015
Minutes, October 26, 2015
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the Minutes of the Council Meeting of October 26, 2015, be approved.
Carried
7. Delegations and Presentations
7.1. SCOR EDC Partner Update Presented By: Art Lawson
SCOR EDC Presentation
Delegation - SCOR
Mr. Lawson appeared before Council to provide an update in regards to the SCOR EDC
Partnership.
A number of benefits of the partnership were identified, including recognition and bargaining power.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives the SCOR EDC delegation as information.
Carried
Council Meeting – Minutes - 3 -
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council hear the delegation by Ewart McLaughlin.
Carried
7.2 TransCanada Trail Delegation By: Ewart McLaughlin
Mr. McLaughlin appeared before Council and spoke to a number of concerns regarding
the implementation of the TransCanada Trail.
He provided concerns on the steering group process, the cost of future fencing along the
trail, possible contamination and cleanup of soil along the rail line and a possible
requirement for an environmental study.
He is concerned about the cost of the up keep of the trail and the offset of revenues from
other budgets to pay for it.
Council assured Mr. McLaughlin that they will be cognizant of the budget.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives the delegation by Ewart McLaughlin.
Carried
8. Planning Applications
8.1. Application for Site Plan Approval- TSPC 7-167- Dale Springer, 138 Broadway
CASPO 2015-217
Proposed Site Plan
Central Area Design Study Excerpts
Mr. Eric Gilbert, Development Planner, County of Oxford appeared before Council to
review Report CASPO 2015-217 in regards to an Application for Site Plan Approval.
Council was given the opportunity to ask questions.
The Applicant, Mr. Dale Springer and Mr. Coppins, agent for applicant were present and
spoke in support of the application before Council.
The Applicant was opposed to staff’s requirement for awnings on the building.
Council Meeting – Minutes - 4 -
Discussion took place regarding the height of the building in relation to the Central
Design Study which recommended future development should be three stories with a
residential component.
The applicant indicated that they were not interested in being a landlord.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT the Council of the Town of Tillsonburg directs staff to approve Site Plan
Application TSPC 7-167, submitted by Dale Springer, on lands legally described as Part
Lot 1070, Plan 500, Tillsonburg, known municipally as 136-138 Broadway Street.
Carried
9. Information Items
9.1. David C. Onley Award for Leadership in Accessibility
David C. Onley Award
9.2. 2016 Premier's Awards of Excellence in the Arts
2016 Premier Awards for Excellence in the Arts
2016 Premier Award FAQ (PDF)
Council directed staff to forward the information regarding the 2016 Premier Award to the
Culture Committee and that both programs be posted for public notification.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives the correspondence regarding the David C. Onley Award for
Leadership in Accessibility and the Premier’s Awards of Excellence in the Arts as
information.
Carried
10. Reports from Departments
10.1. Chief Administrative Officer
10.1.1. CAO 15-16, The Future Oxford Community Sustainability Plan
The Future Oxford Community Sustainability Plan
Appendix 1 - Town of Tillsonburg Report CAO 15-12
Appendix 2 Oxford County Report CAO 2015-06
Appendix 3 - Action Plan Chart
Council Meeting – Minutes - 5 -
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives Report CAO 15-16 – The Future Oxford Community
Sustainability Plan for information;
AND THAT the Council of the Town of Tillsonburg supports The Future Oxford
Community Sustainability Plan and receives the information as contained in
Oxford County Report CAO 2015-06 as attached to Town of Tillsonburg report
CAO 15-16 as information;
AND THAT the support as provided in report CAO 15-16 does not anticipate any
additional financial support from the Town of Tillsonburg;
AND FURTHER THAT Report CAO 15-16 be provided to the County of Oxford in
response to their request for support.
Carried
Council recommends that the various items referred to in the plan be noted in the
2016 Business Plans.
10.1.2. CAO-HR-15-05 Benefit Plan Refund
CAO-HR-15-05 - Benefit Plan Refund
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives report CAO-HR-15-05 Benefit Plan Refund;
AND THAT the $38,127.47 refund be contributed to general reserves.
Carried
10.2. Clerk’s Office
10.2.1. CL 15-25 Records Management
CL 15-25 Records Management
Records Management Policy - November 2015
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receives Report CL 15-25, Records Management;
AND THAT Council adopts the Records & Information Management Policy for the
Town of Tillsonburg.
Carried
Council Meeting – Minutes - 6 -
10.3. Development and Communication Services
10.3.1. DCS 15-51, Surplus Land Options
DCS 15-51
Staff to provide a public engagement and consultation process.
Following the public process the matter will be brought back to council.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receives Report DCS 15-51 Surplus Land Options;
AND THAT staff be directed to conduct an investigation of various Town owned
lands in the downtown core to be considered for declaring surplus to enable
development;
AND THAT a comprehensive Public Engagement process be developed with a
final report being brought back to Council for consideration.
Carried
10.4. Finance
10.4.1. FIN 15 - 44 Purchasing Policy
FIN 15-44 Purchasing Policy
Purchasing Policy 091113
Purchasing Policy v2 102815
Purchasing Policy 102815
Staff to take the policy back to the consultants to include an objective to reach a
wider audience and better communication practices.
Staff will provide a session at one of the budget meetings on the explanation for
scoring matrices.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives report FIN 15 - 44 Purchasing Policy;
AND THAT Staff be directed to bring forward a By-Law for adoption at a future
Council meeting.
Carried
Council Meeting – Minutes - 7 -
10.4.2. FIN 15 - 43 IT Work Plan Update
FIN 15-43 IT Work Plan Update
Town of Tillsonburg - IT Strategy - Council Presentation_FINAL 2014
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives report FIN 15 - 43 IT Work Plan Update as information.
Carried
10.5. Operations
10.5.1. OPS 15-36 Baldwin Place Phase 9B Pre-Servicing Agreement
OPS 15-36 Baldwin Place Phase 9B Pre-Servicing Agreement
Baldwin Place Phase 9B Pre-Servicing Agreement
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receives Report OPS 15-36 Baldwin Place Phase 9B Subdivision
Pre-Servicing Agreement;
AND THAT a By-law authorizing the Mayor and Clerk to enter into the Pre-
Servicing Agreement between the Town and Tillsonburg Developments Inc. be
brought forward for Council consideration.
Carried
10.6. Recreation, Culture & Park Services
10.6.1. RCP 14-34 - Bridges at Tillsonburg Tobogganing Agreement Renewal
2015-2016
RCP 14-34 - Bridges at Tillsonburg Tobogganing Agreement Renewal 2015-
2016
RCP 15-47 - ATT 01 - Tobogganing Agreement
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives Report RCP 14-34 - Bridges at Tillsonburg Tobogganing
Agreement Renewal 2015-2016;
AND THAT the source of funds for the $4,000 cost is considered during the 2016
budget process;
AND THAT Council authorizes staff to operate the facility for the 2015-2016
season.
Carried
Council Meeting – Minutes - 8 -
11. By-Laws
By-Laws from the Meeting of Monday, November 09, 2015
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
11.1. THAT By-Law 3959, To Establish and Appoint Members to the Property
Standards Committee;
AND THAT By-law 3961, To Authorize a Pre-Servicing Agreement between the
Corporation of the Town of Tillsonburg and Tillsonburg Developments Inc.,
be read for a first, second and third and final 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
11.2. THAT By-Law 3962, To confirm the proceedings of Council at its meeting held
on the 9th day of November, 2015, be read for a first, second and third and final
reading and that the Mayor and Clerk be and are hereby authorized to sign the
same, and place the corporate seal thereunto.
Carried
12. Items of Public Interest
13. Adjournment
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT the Council Meeting of Monday, November 09, 2015 be adjourned at 8:50 p.m.
Carried
Table of Contents
Agenda 3
Minutes, October 26, 2015
Minutes, October 26, 2015 10
SCOR EDC Partner Update, Presented By: Art Lawson and
Jim Oliver
SCOR EDC Presentation 21
Delegation - SCOR 24
Application for Site Plan Approval- TSPC 7-167- Dale Springer,
138 Broadway
CASPO 2015-217 27
Proposed Site Plan 32
Central Area Design Study Excerpts 39
David C. Onley Award for Leadership in Accessibility
David C. Onley Award 53
2016 Premier's Awards of Excellence in the Arts
2016 Premier Awards for Excellence in the Arts 54
2016 Premier Award FAQ (PDF)56
CAO 15-16, The Future Oxford Community Sustainability Plan
The Future Oxford Community Sustainability Plan 60
Appendix 1 - Town of Tillsonburg Report CAO 15-12 62
Appendix 2 Oxford County Report CAO 2015-06 87
Appendix 3 - Action Plan Chart 109
CAO-HR-15-05 Benefit Plan Refund
CAO-HR-15-05 - Benefit Plan Refund 113
CL 15-25 Records Management
CL 15-25 Records Management 114
Records Management Policy - November 2015 117
DCS 15-51, Surplus Land Options
DCS 15-51 129
FIN 15 - 44 Purchasing Policy
FIN 15-44 Purchasing Policy 140
Purchasing Policy 091113 142
Purchasing Policy v2 102815 158
Purchasing Policy 102815 166
FIN 15 - 43 IT Work Plan Update
FIN 15-43 IT Work Plan Update 176
Town of Tillsonburg - IT Strategy - Council
Presentation_FINAL 2014 178
OPS 15-36 Baldwin Place Phase 9B Pre-Servicing Agreement
OPS 15-36 Baldwin Place Phase 9B Pre-Servicing
Agreement 180
Baldwin Place Phase 9B Pre-Servicing Agreement 182
RCP 14-34 - Bridges at Tillsonburg Tobogganing Agreement
Renewal 2015-2016
1
RCP 14-34 - Bridges at Tillsonburg Tobogganing
Agreement Renewal 2015-2016 195
RCP 15-47 - ATT 01 - Tobogganing Agreement 198
By-Law 3962, Confirmatory By-Law
By-Law 3962 205
By-Law 3959, To Establish and Appoint Members to the
Property Standards Committee
By-Law 3959 Property Standards Committee
Appointment 206
By-Law 3961, To Authorize a Pre-Servicing Agreement between
the Corporation of the Town of Tillsonburg and Tillsonburg
Developments Inc.
By-law 3961 Preservicing Baldwin 9b 207
Baldwin Place Phase 9B Pre-Servicing Agreement 208
2
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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 (Airport);
2. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Broadway);
3. A matter in respect of which a council, board, committee or other body may hold a
closed meeting under another Act (THI).
3. Adoption of Agenda
Moved By: Seconded By:
Proposed Resolution #2
THAT the Agenda as prepared for the Council meeting of Monday, November 09, 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 October 26, 2015
Minutes, October 26, 2015
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, November 09, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA
3
Council Meeting – Agenda - 2 -
Moved By: Seconded By:
Proposed Resolution #3
THAT the Minutes of the Council Meeting of October 26, 2015, be approved.
7. Delegations and Presentations
7.1. SCOR EDC Partner Update Presented By: Art Lawson and Jim Oliver
SCOR EDC Presentation
Delegation - SCOR
Moved By: Seconded By:
Proposed Resolution #4
THAT Council receives the SCOR EDC delegation as information.
8. Planning Applications
8.1. Application for Site Plan Approval- TSPC 7-167- Dale Springer, 138 Broadway
CASPO 2015-217
Proposed Site Plan
Central Area Design Study Excerpts
Moved By: Seconded By:
Proposed Resolution #5
THAT the Council of the Town of Tillsonburg directs staff to approve Site Plan
Application TSPC 7-167, submitted by Dale Springer, on lands legally described as Part
Lot 1070, Plan 500, Tillsonburg, known municipally as 136-138 Broadway Street,
subject to the revisions suggested in Plate 7 of CASPO Report 2015-217.
9. Information Items
9.1. David C. Onley Award for Leadership in Accessibility
David C. Onley Award
9.2. 2016 Premier's Awards of Excellence in the Arts
2016 Premier Awards for Excellence in the Arts
2016 Premier Award FAQ (PDF)
4
Council Meeting – Agenda - 3 -
Moved By: Seconded By:
Proposed Resolution #6
THAT Council receives the correspondence regarding the David C. Onley Award for
Leadership in Accessibility and the Premier’s Awards of Excellence in the Arts as
information.
10. Reports from Departments
10.1. Chief Administrative Officer
10.1.1. CAO 15-16, The Future Oxford Community Sustainability Plan
The Future Oxford Community Sustainability Plan
Appendix 1 - Town of Tillsonburg Report CAO 15-12
Appendix 2 Oxford County Report CAO 2015-06
Appendix 3 - Action Plan Chart
Moved By: Seconded By:
Proposed Resolution #7
THAT Council receives Report CAO 15-16 – The Future Oxford Community
Sustainability Plan for information;
AND THAT the Council of the Town of Tillsonburg supports The Future Oxford
Community Sustainability Plan and receives the information as contained in
Oxford County Report CAO 2015-06, as attached to Town of Tillsonburg report
CAO 15-16 as information;
AND THAT the support as provided in report CAO 15-16 does not anticipate any
additional financial support from the Town of Tillsonburg;
AND FURTHER THAT Report CAO 15-16 be provided to the County of Oxford in
response to their request for support.
10.1.2. CAO-HR-15-05 Benefit Plan Refund
CAO-HR-15-05 - Benefit Plan Refund
Moved By: Seconded By:
Proposed Resolution #8
THAT Council receives report CAO-HR-15-05 Benefit Plan Refund;
AND THAT the $38,127.47 refund be contributed to general reserves.
5
Council Meeting – Agenda - 4 -
10.2. Clerk’s Office
10.2.1. CL 15-25 Records Management
CL 15-25 Records Management
Records Management Policy - November 2015
Moved By: Seconded By:
Proposed Resolution #9
THAT Council receives Report CL 15-25, Records Management;
AND THAT Council adopts the Records & Information Management Policy for the
Town of Tillsonburg.
10.3. Development and Communication Services
10.3.1. DCS 15-51, Surplus Land Options
DCS 15-51
Moved By: Seconded By:
Proposed Resolution #10
THAT Council receives Report DCS 15-51 Surplus Land Options;
AND THAT staff be directed to conduct an investigation of various Town owned
lands in the downtown core to be considered for declaring surplus to enable
development;
AND THAT a comprehensive Public Engagement process be developed with a
final report being brought back to Council for consideration.
10.4. Finance
10.4.1. FIN 15 - 44 Purchasing Policy
FIN 15-44 Purchasing Policy
Purchasing Policy 091113
Purchasing Policy v2 102815
Purchasing Policy 102815
6
Council Meeting – Agenda - 5 -
Moved By: Seconded By:
Proposed Resolution #11
THAT Council receives report FIN 15 - 44 Purchasing Policy;
AND THAT Staff be directed to bring forward a By-Law for consideration at a
future Council meeting.
10.4.2. FIN 15 - 43 IT Work Plan Update
FIN 15-43 IT Work Plan Update
Town of Tillsonburg - IT Strategy - Council Presentation_FINAL 2014
Moved By: Seconded By:
Proposed Resolution #12
THAT Council receives report FIN 15 - 43 IT Work Plan Update as information.
10.5. Operations
10.5.1. OPS 15-36 Baldwin Place Phase 9B Pre-Servicing Agreement
OPS 15-36 Baldwin Place Phase 9B Pre-Servicing Agreement
Baldwin Place Phase 9B Pre-Servicing Agreement
Moved By: Seconded By:
Proposed Resolution #13
THAT Council receives Report OPS 15-36 Baldwin Place Phase 9B Subdivision
Pre-Servicing Agreement;
AND THAT a By-law authorizing Mayor and Clerk to enter into the Pre-Servicing
Agreement between the Town and Tillsonburg Developments Inc. be brought
forward for Council consideration.
10.6. Recreation, Culture & Park Services
10.6.1. RCP 14-34 - Bridges at Tillsonburg Tobogganing Agreement Renewal
2015-2016
RCP 14-34 - Bridges at Tillsonburg Tobogganing Agreement Renewal 2015-
2016
RCP 15-47 - ATT 01 - Tobogganing Agreement
7
Council Meeting – Agenda - 6 -
Moved By: Seconded By:
Proposed Resolution #14
THAT Council receives Report RCP 14-34 - Bridges at Tillsonburg Tobogganing
Agreement Renewal 2015-2016;
AND THAT the source of funds for the $4,000 cost is considered during the 2016
budget process;
AND THAT Council authorizes staff to operate the facility for the 2015-2016
season.
11. By-Laws
By-Laws from the Meeting of Monday, November 09, 2015
Moved By: Seconded By:
Proposed Resolution #15
11.1. THAT By-Law 3959, To Establish and Appoint Members to the Property
Standards Committee;
AND THAT, By-law 3961, To Authorize a Pre-Servicing Agreement between the
Corporation of the Town of Tillsonburg and Tillsonburg Developments
Inc., Baldwin Place Phase 9B Pre-Servicing Agreement, be read for a first,
second and third and final reading and that the Mayor and Clerk be and are
hereby authorized to sign the same, and place the corporate seal thereunto.
Moved By: Seconded By:
Proposed Resolution #16
11.2. THAT By-Law 3962, To confirm the proceedings of Council at its meeting held on
the 9th day of November, 2015, be read for a first, second and third and final
reading and that the Mayor and Clerk be and are hereby authorized to sign the
same, and place the corporate seal thereunto.
8
Council Meeting – Agenda - 7 -
12. Items of Public Interest
13. Adjournment
Moved By: Seconded By:
Proposed Resolution #17
THAT the Council Meeting of Monday, November 09, 2015 be adjourned at _____ p.m.
9
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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 Darrell Eddington, Director of Finance
Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services
Jeff Smith, Fire Chief
Tricia Smith, Deputy Clerk
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Adoption of Agenda
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Agenda as prepared for the Council meeting of Monday, October 26, 2015, be
adopted.
Carried.
3. Moment of Silence
4. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, October 26, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINUTES
10
Council Meeting –Minutes - 2 -
5. Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of October 13, 2015
Minutes, October 13, 2015
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Minutes of the Council Meeting of October 13, 2015, be approved.
Carried.
6. Delegations and Presentations
6.1. Royal Canadian Legion - Annual Poppy Campaign Presented By: Don Burton
Don Burton of the Tillsonburg Royal Canadian Legion presented Mayor Molnar with the
first poppy of the campaign and presented a synopsis of the Remembrance Day events.
6.2. The Greater Metro Hockey League Team for Tillsonburg, Ian Ellis
Delegation request
Ian Ellis appeared before Council to present information about a new junior hockey
team that will be coming to Tillsonburg in 2016.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives the delegation regarding the Greater Metro Hockey League
Team for Tillsonburg as information.
Carried.
6.3. Rotary Club Outdoor Fitness Equipment Location Update, Jack Parker
Delegation request
Equipment locations -update
Jack Parker appeared before Council to provide an update on the Rotary Club Outdoor
Fitness Equipment locations.
11
Council Meeting –Minutes - 3 -
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives the Rotary Club Outdoor Fitness Equipment Location Update as
information;
AND THAT Council support the locations as presented.
Carried.
6.4. Rego Management - 253 Broadway Presented By: Peter Penner
Delegation, Peter Penner
1439 Grading Servicing Plan
Master Figure 1 (October 6, 2015)
Master Figure 1 (October 22, 2015)
Peter Penner representing Rego Management appeared before Council to provide an
update on 253 Broadway. Rego Management will be hosting an open house to allow
for public consultation. The application will be coming back to Council for consideration
at a future date.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives the update on 253 Broadway as information.
Carried.
6.5. Applications for Official Plan Amendment & Zoning Change (OP 15-06-7 & ZN 7-15-06)
Rego Management Inc. – 253 Broadway
Delegation - James Battin
Delegation - George Gilvesy
Delegation - Michael Szorenyi
Delegation, George Stuyt - Comments
Delegation, Paula Rice
Delegation, Angela Lassam
Delegation, Michael Lassam
Delegation, Joan Weston
12
Council Meeting –Minutes - 4 -
Jim Battin appeared before Council to speak to the planning application. He
represents Verhoeve Funeral Home and is opposed to the development due to limited
parking and the effect on the streetscape.
George Gilvesy appeared before Council as a representative for Gilvesy Properties
and Mr. Szorenyi. He does have concerns with the size of the proposed development
and impact on the streetscape, but welcomes this type of project. He has deferred
further comments until he has an opportunity to view the revised plans.
George Stuyt appeared before Council and deferred his comments until further
information is received.
Angela Lassam asked to defer her comments until the matter returns to Council.
Michael Lassam adjacent property owner appeared before Council. He does not
support the current application, but deferred his comments until he sees the revised
plans.
Joan Weston appeared before Council to express concerns about the planning
application. She commented that the proposed development would impact the
streetscape and should meet the heritage character of the surrounding properties and
retain proper setbacks from the street. She also commented on the need for additional
parking for residents, staff and clients using the building and inquired about a traffic
study of the property.
Mr. Eric Gilbert, Development Planner, County of Oxford indicated that Rego
Management has not undertaken a traffic study of the property. A small traffic study
was done during the Downtown Design Study.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives the delegations from James Battin, George Gilvesy, George
Stuyt, Michael Lassam, and Joan Weston as information.
Carried.
13
Council Meeting –Minutes - 5 -
The Mayor called a recess at 7:06 p.m.
Council resumed at 7:13 p.m.
7. Planning Applications
7.1. Application for Condominium Conversion- CD 15-05-7 - 2442583 Ontario Inc (185
Lisgar Ave)
CASPO 2015-223
Report Attachments
Mr. Eric Gilbert, Development Planner, County of Oxford appeared before Council to
review Reports CASPO 2015-223, 2015-225 & 2015-226 in regards to the three
Condominium Conversion applications. County Council will review the applications at
the November 25, 2015 Public Meeting.
Mr. Bernie Divona representing the property owner appeared in support of the
applications. He commented that the building will continue as a rental property, but each
unit will have a change in legal ownership. The Tenancy agreement for each unit is
grandfathered under the Planning Act and Residential Tenancies Act.
Opportunity was given for Council to ask questions of the applicant and the Planner.
The Mayor provided an opportunity for anyone in attendance to speak to the matter.
No one appeared in support or opposition of the applications.
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario
Inc., to create a draft plan of condominium (File No.: CD 15-05-7) as applied to lands
consisting of Part Lot 94, Lot 95, Plan M25, Parts 1, 2 & 4, Plan 41R-1397, Town of
Tillsonburg, subject to the conditions of draft plan approval contained in CASPO Report
No. 2015-223.
Carried.
7.2. Application for Condominium Conversion- CD 15-06-7 - 2442583 Ontario Inc (187
Lisgar Ave)
CASPO 2015-225
Report Attachments
14
Council Meeting –Minutes - 6 -
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario
Inc., to create a draft plan of condominium (File No.: CD 15-06-7) as applied to lands
consisting of Lot 96, Plan M25, Town of Tillsonburg, subject to the conditions of draft
plan approval as outlined in CASPO Report 2015-225.
Carried.
7.3. Application for Condominium Conversion- CD 15-07-7 - 2442583 Ontario Inc (191
Lisgar Ave)
CASPO Report 2015-226
Report Attachments
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario
Inc., to create a draft plan of condominium (File No.: CD 15-07-7) as applied to lands
consisting of Lot 97, Plan M25, Town of Tillsonburg, subject to the conditions of draft
plan approval as outlined in CASPO Report No. 2015-226.
Carried.
8. Information Items
8.1. MPAC 2014 Enumeration Process - Final Results
Heads of Council - 2014 Enumeration Process_fnl
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receives MPAC 2014 Enumeration Process – Final Results as
information.
Carried.
9. Mayor
9.1. MYR 15-10 Update - County of Oxford
Mayor's Report
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives Report MYR 15-10 Update as information.
Carried.
15
Council Meeting –Minutes - 7 -
10. Quarterly Reports
10.1. FIN 15 - 40 2015 Third Quarter Financial Results
FIN 15- 40 Third Quarter Financial Results
2015 Actual Variances - Q3
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives report FIN 15 - 40 2015 Third Quarter Financial results as
information.
Carried.
10.2. FIN 15 - 41 2015 Third Quarter Finance Department Results
FIN 15 - 41 Third Quarter Finance Department Results
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receives report FIN 15 - 41 2015 Third Quarter Finance
Department results as information.
Carried.
10.3. DCS 15-47 - Building/Planning/By-Law Services 2015 Third Quarter Report
DCS 15-47
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives Report DCS 15-47 Building/Planning/By-Law Services
2015 Third Quarter Report as information.
Carried.
10.4. DCS 15-48 Economic Development Third Quarter Report
Report DCS 15-48 Economic Development Third Quarter Report
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives Report DCS 15-48 Economic Development Third Quarter
Report for information.
Carried.
16
Council Meeting –Minutes - 8 -
10.5. FRS 15-11 Fire Department Third Quarter Results
FRS 15-11 Fire Department Third Quarter
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives report FRS 15-11 Third Quarter Fire & Rescue Services
Results as information.
Carried.
10.6. OPS 15-35 2015 Third Quarter Operations Services
OPS 15-35 2015 Third Quarter Operations Services
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receives Report OPS 15-35, 2015 Third Quarter Operations
Services as information.
Carried.
10.7. RCP 15-46 - Recreation, Culture and Parks 2015 Third Quarter Results
RCP 15-46 - Recreation, Culture and Parks 2015 Q3 Results
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives Report RCP 15-46 - Recreation, Culture and Parks 2015
Q3 Results for information.
Carried.
11. Reports from Departments
11.1. Development and Communication Services
11.1.1. DCS 15-49 Property Standards Committee
DCS 15 - 49 Property Standards Committee
By-Law 3638 Property Standards
17
Council Meeting –Minutes - 9 -
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receives Report DCS 15-49 Property Standards Committee;
AND THAT an appointment by-law be brought forward for council consideration
to appoint the committee members at the next Council meeting.
Carried.
12. Unfinished Business
12.1. Memo re Wayward Ball Barrier Decision Ramifications
Memo re Wayward Ball Barrier Decision Ramifications
RCP 15-44 - Soccer Park Wayward Ball Fence Procurement Update
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives the Memo regarding the Wayward Ball Barrier Decision
Ramifications as information.
Carried.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council reconsider the resolution before Council on October 13, 2015 as
item 11.3.1
Carried.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives report RCP 15-44 – Soccer Park Wayward Ball Fence
Procurement Update for information;
AND THAT Council awards the supply and installation of a galvanized fence and
seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their
tendered price of $51,093.87 net of applicable taxes;
AND THAT Council awards the contract to bury the overhead hydro line on the
Soccer Park property to Tillsonburg Hydro Inc. at their tendered price of
$30,278.69 net of applicable taxes;
18
Council Meeting –Minutes - 10 -
AND THAT Council authorizes THI to install a load break switch as required by
the Electrical Safety Authority at a cost not to exceed $15,000;
AND THAT the $101,372.56 combined cost for the wayward ball barrier and
associated expenses is funded using the $16,189.00 from Performance
Communities Realty Inc, $50,000.00 from reserves committed in the 2015
budget, and a further $35,184.56 from reserves that will be replenished from a
revenue source subject to 2016 budget approval.
Carried.
13. Committee Minutes & Reports
13.1. Airport Advisory Committee Minutes, September 10, 2015
Minutes, September 10, 2015
13.2. Development Committee Minutes, September 09, 2015
Minutes, September 09, 2015
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives the Airport Advisory Committee Minutes of September
10, 2015, and the Development Committee Minutes of September 9, 2015 as
information.
Carried.
13.3. LPRCA Minutes, September 2, 2015
LPRCA Minutes, September 2, 2015
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives the LPRCA Minutes of September 2, 2015 as
information.
Carried.
14. Notice of Motions
14.1. Notice of Motion for which previous notice was given
19
Council Meeting –Minutes - 11 -
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT staff be directed to bring forth the Procurement Policy for review and
comment to the next meeting of Council.
Carried.
15. By-Laws
By-Laws from the Meeting of Monday, October 26, 2015
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3958, to confirm the proceedings of Council at its meeting held on
the 26th day of October, 2015, be read for a first, second and third and final
reading and that the Mayor and Clerk be and are hereby authorized to sign the
same, and place the corporate seal thereunto.
Carried.
16. Items of Public Interest
17. Adjournment
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the Council Meeting of Monday, October 26, 2015 be adjourned at 8:54 p.m.
Carried.
20
South Central Ontario Region Economic Development Corporation (SCOR EDC)
4 Elm Street, Tillsonburg, ON N4G 0C4, P: 519-842-6333 F: 519-842-7123 E: gm@scorregion.com
www.scorregion.com www.scorbusinessportal.com
September 2015
SCOR EDC PRESENTATION TO PARTNER COUNCILS
SCOR EDC Priorities
1. Infrastructure that fosters economic development
2. The development of human capital in support of economic development
3. Sector development with a focus on agriculture and agri-food value-added processing.
Approach to Priorities
In 2015 SCOR focused on our three priorities using a three pronged ap-
proach
Action: through project work of our own and support of other regional
projects
Advocacy: drawing attention to the region as whole and working to at-
tract investment, iron out current issues and providing Ministries with an
opportunity to work with the region to realize some of their goals (ROMA,
AMO, CFDC project to FEDDEV)
Identification and Problem solving: working with local EDO’s, upper levels of government and private
sector on identifying issues that may be a barrier for the region to attract investment and or pin pointing op-
portunities (rail issue)
Economic Development
There are a number of activities and areas of focus that fall under the economic development umbrella.
Economic development in rural and small urban areas often face limited resources (financial and capacity)
and collaboration is one of the best ways to offset limited resources and leverage investment in a particular
municipality or region.
21
4 Elm Street, Tillsonburg, ON N4G 0C4, Telephone: 519-842-6333, gm@scorregion.com
Benefits of Partnership
Recognition and bargaining power:
Projects of a scale bigger than one municipality in scope.
Relatively low cost for the initiatives undertaken and enabled by the regional collaborative.
Recognition and reputation has been built over the 4 years of operation. The members of the corpo-
ration have enhanced their image as collaborators.
Good investment of dollars: for every 1 partner dollar invested we have leveraged an additional
$1.55 dollars investment in the region (average over 3 years)
Action Through Projects and Initiatives 2015-2016
Moving Ontario Forward
Worked very closely with Peter Crockett, Oxford County CAO and Don Shropshire CAO of Chatham-Kent
to develop a submission to Kathleen Wynne who asked for a regional plan. This demonstrates how the
senior levels of government are much more likely to work with and focus on a regional entity. We also col-
laborated with Middlesex elected officials and Synthesis Agri-Network to further investigate potential of rail
hub location
Western Ontario Community Futures Development Corporation Association (WOCFDCA)
We have been working closely with Frank Rupcic to develop a submission to FedDev for a Western Ontario
Development Fund that would mirror the fund the CFDC’s have in the east. This would give allow them to
leverage funds and the submission would also have a community economic development (non-repayable)
portion. This would be particularly good for the 5 SCOR CFDC’s who already administer the Sand Plains
funding and it would further support high value community projects.
Pooled Insurance
Regional collaboration for cost reduction to allow funding for other priorities such as economic develop-
ment.
MOECC and ALUS
This is an outcome from the AMO delegation to help the region become both more resilient to extreme
weather events (associated with climate change) and an opportunity for showcasing innovation in managing
water, waste water and storm water that can create jobs for local businesses as well as add value for com-
munity partners in protecting and extending the life of municipal infrastructure.
22
4 Elm Street, Tillsonburg, ON N4G 0C4, Telephone: 519-842-6333, gm@scorregion.com
ALUS is partnering with SCOR to add municipal projects and activities that reduce their carbon footprints
and benefit from incentives.
Workforce Planning Boards
The apprenticeship project has reduced barriers to participation in apprenticeships and adds participants
that will have well-paying jobs and careers in the region.
A project is being developed to help communities and employers adapt to labour market changes resulting
from the Trans Pacific Partnership that is expected to adversely affect some sectors (automotive, dairy and
poultry) but may benefit grains and oilseeds, beef, wood processing and fruit & vegetable production and
processing. The insights will help employers and workers adapt to the changing supply and demand for af-
fected careers in the region.
Apprenticeship
Committee member and contributor to ongoing EmployerOne survey which is a source of labour market in-
telligence for the region
Apprenticeship committee looking at ways to improve communications between employers and employees
to gain skilled workers through apprenticeship programs
Wood products – sector development
Working with Workforce Boards successful in getting funding to create short videos aimed at high school
students about the wood products and forestry industry
FoodHub – sector development for agriculture
Project timing has coincided with a general increase in demand for local food. The sales of the FoodHub
Project have been slow but there are good outcomes related to the food hub project such as
Hub operators/producers assuming more control of the business,
30+ businesses trained and started on a path to certification for Canada GAP or other safety and
traceability protocols.
Products from the region in over 900 schools through our work with Ontario Student Nutrition Pro-
gram;
Regional collaborations and relationships developed as a result of the partnership such as White-
crest and VG Meats,
Local suppliers now listed as suppliers to Sysco and GFS .
Support and assist other organizations working on food and food production issues (gleaning opera-
tions, London Food Council etc.)
OFA
We have met and have been working with the OFA, OFVGA, Conservation Authorities on the Water and
Food security project that came from the AMO delegation.
Looking Ahead - 2016 and Beyond
Regional recognition and branding - taking advantage of opportunities and leveraging collaborations
and relationships.
Strong sector development (agriculture/food and manufacturing) by working with OFA and regional
representatives to capitalize on private investment
Implications of TPP and Cap and Trade for the region
Moving Ontario Forward Submission (Transportation and Infrastructure)
23
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 MEETING DATE
First Name Last Name
Street Address Town/City
Postal Code Phone Number
E-mail Website:
Do you or any members of your party
require any accessibility accommodations?
Yes
No
If yes, how can we assist?
Should you require assistance completing this form, please contact:
Deputy Clerk at 519-688-3009 Ext. 3221 or tsmith@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.
COMPLETE PAGE TWO (2) OF THIS FORM
24
Delegation Information (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)
Brief Summary of Issue or Purpose of Delegation
Will there be a Power Point presentation accompanying the Delegation
Yes
No
Have you been in contact with a Staff member regarding the Delegation topic?
Yes
No
If yes, please list the Staff member(s) you have been working with?
I acknowledge Delegations are limited to fifteen (15) minutes each:
I accept
I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the
meeting date:
I accept
25
Personal information on this form is collected under the legal authority of the Municipal Act, 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 the Municipal Freedom of Information and Protection of Privacy Act. Questions about this
collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor,
Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224.
26
Report No: CASPO 2015-217
COMMUNITY AND STRATEGIC PLANNING Council Date: November 9, 2015
To: Mayor and Members of Town of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community and Strategic Planning
Application for Site Plan Approval
Dale Springer & Associates- 138 Broadway
(TSPC 7-167)
REPORT HIGHLIGHTS
This Site Plan application has been made to facilitate the construction of a new medical office on the subject lands.
The proposed building design is generally consistent with the Central Area Design Study.
The Planning Office is satisfied that the proposed development is supportable and
recommends Council direct staff to approve the site plan, with minor modifications.
DISCUSSION
Background
OWNER/APPLICANT:
Dale Springer
9 Thomas Avenue Tillsonburg ON N4G 3P9
AGENT:
Neal Koppens, PK Construction
37 Tillson Street Tillsonburg ON N4G 0B7
LOCATION:
The subject property is described as Part Lot 1070, Plan 500, in the Town of Tillsonburg. The property is located on the east side of Broadway, between Ridout Street East and Brock Street
East, and is municipally known as 136 – 138 Broadway.
COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Central Business District
Page 1 of 5 27
Report No: CASPO 2015-217 COMMUNITY AND STRATEGIC PLANNING
Council Date: November 9th, 2015
TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Central Commercial
SITE PLAN:
The Town has received an application for site plan approval to permit the replacement of an existing one storey commercial building in the Central Area of the Town.
The subject property comprises approximately 691 m2 (7,443 ft2) and is currently occupied by an existing commercial building (former restaurant) that is proposed to be demolished. The
proposed new building will have a total gross floor area of approximately 540 m2 (5,812.5 ft2),
and will be occupied by a medical office (optometrist).
It should be noted that a minor variance (A-09/15) was approved by the Town of Tillsonburg
Committee of Adjustment on September 28, 2015 to reduce the minimum required parking spaces for a professional office from 27 spaces to 3 spaces, and to decrease the minimum
required accessible parking spaces from 2 to nil to facilitate the above noted development. The proposed site plan includes a new one storey commercial building with a slightly smaller
footprint than the existing building. At the rear of the building adjacent to Cat Alley, three parking spaces are proposed with a loading area. The proposed building will be constructed immediately adjacent to existing buildings to the north and south.
Further details on the site plan include parking dimensions, grade and drainage details, servicing details, and storm water management details.
Plate 1 – Existing Zoning & Location Map shows the location of the subject lands and the
existing zoning in the immediate vicinity.
Plate 2 – Aerial Map (2010) shows the location of the subject lands on an air photo.
Plate 3 – Proposed Site Plan dated August 13th, 2015 and prepared by John MacDonald Architects Inc, shows existing and proposed site features.
Plate 4 – Proposed Building Elevations prepared by John MacDonald Architects Inc, depicts the proposed building elevation on Broadway and Cat Alley.
Plate 5 – Initial Proposed Coloured Elevation Plan submitted by PK Construction, shows the initial submission of the proposed exterior elevation of the proposed building on Broadway
Street. Plate 6 – Proposed Coloured Elevation Plan submitted by PK Construction, shows the proposed
coloured exterior elevation of the proposed building on Broadway Street.
Plate 7 – Staff Suggested Modifications depicts planning staff’s suggested inclusion of two black
awnings above the north and south windows, to reduce the apparent dominance of the metal panels on the front of the building façade.
Page 2 of 5 28
Report No: CASPO 2015-217 COMMUNITY AND STRATEGIC PLANNING
Council Date: November 9th, 2015
Application Review
Town of Tillsonburg Zoning By-Law 3295
The subject lands are located within the ‘Central Commercial Zone’ in the Town of Tillsonburg Zoning By-law. A business/professional office and medical centre are permitted uses within the
CC Zone.
As previously noted, relief of the required parking provisions in Section 5.24 of the Zoning By-
law was granted by the Town Committee of Adjustment on September 28, 2015, subject to the applicant entering into a cash-in-lieu of parking agreement with the Town.
Accordingly, it appears that the site plan is otherwise compliant with the provisions of the Zoning By-law.
Central Area Design Study (2013)
The Central Area Design Study was prepared by Brook McIlroy Inc., and approved by Town Council in September 2013. The study was the result of a partnership between the Town of Tillsonburg, County of Oxford Community and Strategic Planning Office, and Town of
Tillsonburg BIA. The Central Area Design Study inventoried historic and heritage character areas within the Central Area. The purpose of the Central Area Design Study was to establish urban design recommendations which recognize the importance of the Central Area of the Town
of Tillsonburg, and to assist in the development of appropriate policies for the Central Area, which can provide a “building block” for future development with Tillsonburg’s Central Area.
The subject property is located within the ‘Main Street Area” and the guiding principles for development in this area are summarized below:
• Maintain a consistent street wall;
• Create active edges and a vibrant streetscape;
• Maximize glazing at street level;
• Ensure building entrances address Broadway;
• Encourage sidewalk uses where appropriate;
• Respect and complement the heritage character of the downtown;
• Maintain a consistent proportion and sense of rhythm;
• Address side streets, corner sites, and back alleys.
Section 3.2 of the Study, New Buildings & Renovations / Additions to Contemporary Buildings, provides guidance for the consideration of new buildings and additions to existing contemporary
buildings, in areas with heritage character. The Study recommends that the design of new
buildings in areas with a heritage character, should be sympathetic to this heritage character without mimicking existing designs, and should incorporate complementary materials and
architectural treatments. The study includes the following items for consideration:
• Building height & massing;
• Setbacks and stepbacks
• Articulation and detailing,
• Ground floor heights and uses;
• Acceptable and unacceptable building materials;
• Roof, cornice & parapets
• Appropriate lighting;
Page 3 of 5 29
Report No: CASPO 2015-217 COMMUNITY AND STRATEGIC PLANNING
Council Date: November 9th, 2015
• Awnings and canopies.
Relevant excerpts of the Central Area Design Study are included as an attachment to this report.
Agency Comments
The application was circulated to agencies on August 18th, October 1, & October 14th 2015.
Comments received respecting the application, from the Oxford County Public Works
Department and Town of Tillsonburg Engineering Services Department have been satisfactorily addressed in the latest site plan submission. The Town Building Services Department indicated that the temporary hoarding on Broadway must be aesthetically pleasing and maintained during
demolition and construction.
The Town of Tillsonburg/ Tillsonburg BIA Façade Improvement Committee provided the
following comments respecting the proposed building elevation on Broadway:
“The Façade Improvement Committee, with the support of the Town of Tillsonburg and the
Tillsonburg BIA, has been administering and reviewing the Façade Improvement Program in the Central Area. Through this program, many facades have been improved through the grant
program. The program has contributed to an improved streetscape in the Central Area and
projects have implemented the recommendations of the Central Area Design Study.
Although the Committee would have preferred brick and in more earthy tones typical of Tillson
Brick prevalent in the downtown, the applicant’s proposal will significantly improve the present conditions of the existing site, and will improve the overall aesthetic of the downtown. With
respect to the applicant’s application, the committee has the following suggestions to enhance
the proposed building elevations:
• The scale and height of the fascia, at 1.5 storeys, is the appropriate height for this location;
• The scale of the facade, false front and general design is appropriate and follows the guidelines of the Town of Tillsonburg;
• Further detailing and/or articulation should be included to minimize the appearance of the blank metal panels on the façade;
• The Committee encourages the applicant to modify the proposed building elevation to
take advantage of the grant money available through the Façade Improvement Program.
Planning Analysis
The applicant’s site plan has been revised in response to circulation comments and Town staff have indicated that they are generally satisfied with the revised plans.
With regard to the Central Area Design Study, planning staff note that the applicant has modified the original building elevation to increase the height of the structure from 1 to 1.5
storeys, has introduced additional architectural detailing as requested by the Façade Improvement Committee, introduced additional window mullions to be more consistent with other heritage character buildings, and has modified the colours of the steel panels on the
building façade to be more sympathetic to the prevalent heritage character. The proposed design is generally in compliance with the Central Area Design Study, with a minor caveat.
Page 4 of 5 30
Report No: CASPO 2015-217 COMMUNITY AND STRATEGIC PLANNING
Council Date: November 9th, 2015 To reduce the dominance of the steel panels, planning staff and the façade improvement
committee suggested that black awnings be introduced above the north and south windows. There are examples of similar awning treatments in the contemporary building guidelines in the Design Study, but the applicant has advised they wish to proceed without the awnings. Staff
have provided a conceptual design with the awnings, included as Plate 7 of this report to demonstrate the impact of the suggested awnings for Council’s consideration.
Staff and the Façade Improvement Committee have advised the applicant that the project is eligible for a grant up to $10 000 under the Façade Improvement Program administered by the
BIA, if the project is undertaken as per the Façade Improvement Committee’s suggestions.
A site plan agreement will be entered into between the Town and the owner of the subject lands
respecting the development of the lands in accordance with the details on the site plan. As per
the previous approved minor variance, the applicant is also required to enter into a cash-in-lieu of parking agreement with the Town.
The applicant has applied for an encroachment permit and will enter into an agreement to permit a temporary hoarding and obstruction of the sidewalk adjacent to Broadway to allow for
the demolition of the existing structure and construction of the proposed structure. Given the foregoing, the Planning Office is satisfied that the proposed development is
supportable and recommends that Town Council direct staff to approve the site plan, inclusive of the suggested awnings, and conditional upon receipt of required securities, signed site plan agreement, and signed cash in-lieu of parking agreement.
RECOMMENDATION
1. That the Council of the Town of Tillsonburg direct staff to approve Site Plan Application TSPC 7-167, submitted by Dale Springer, on lands legally described as
Part Lot 1070, Plan 500, Tillsonburg, known municipally as 136-138 Broadway Street, subject to the revisions suggested in Plate 7 of CASPO Report 2015-217.
SIGNATURES
Authored by: “original signed by” Eric Gilbert, MCIP, RPP, Senior Planner
Approved for submission: “original signed by” Gordon K. Hough, MCIP, RPP, Director
Page 5 of 5 31
September 14, 2015
This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey
Legend
1020
Notes
NAD_1983_UTM_Zone_17N
51 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to 1:500)
32
September 14, 2015
This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey
Legend
380
Notes
NAD_1983_UTM_Zone_17N
19 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
33
John MacDonald Architect inc
141 Whitney Place N2G 2X8KitchenerCanada
Approved
Checked
DrawnDrawing Title
Scale (for 18x24" printing)Dwg. No.
tel (519) 579 1700 (519) 579 2046 fax
No. Revision Date Initial
Project
This document is to be read as an instrument of
service and remains the property of John
MacDonald Architect inc. It is issued only for the
specific purpose noted.
It may not be reproduced in whole or in part
without the consent of John MacDonald
Architect inc. and must be returned upon
request.
This document is to be read together with all
other documents issued for the specific purpose
noted, and all other documents further
referenced therein.
This document is not to be scaled for
dimensions. Where dimensions are not noted or
the relation of portions of the work are not
immediately apparent, the reader shall not
proceed in uncertainty.
The reader shall immediately notify the Architect
of all inconsistencies, errors, or omissions which
he may discover in this or other documents, or in
their relation in whole or in part.
No. Issued for Purpose Date Initial
info@johnmacdonaldarchitect.ca
The Bonnie Stuart Building
Dr. Springer Optometrists
Tillsonburg, ON N4G 3P8
MM
Proposed Site Plan
A1aas noted
1 MMClient Review Jun. 05 '15
New Building
138 Broadway Street
NK
DS
PSPA MMPreconsultation Meeting Jun. 11 '15
2 MMClient Review Jul. 20 '15
4 MMSubConsultant Use Jul. 22 '15
PK Construction Inc.
N 3
7
°
3
1
'
3
0
"
W
43
.9
0
'
N 52° 11' 50" E 49.92'
N 52° 54 '45" E 81.88'N 52° 04' 04" E 85.20'
N 52° 23' 50" E 77.30'
N 37° 32' 43" W
1.77'
N
3
7
°
3
1
'
5
5
"
W
4
6
.
3
2
'
N 37° 31' 30" W
0.60'
N 52° 58' 05" E 39.81'
Cat Alley
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Existing Adjacent
One-storey Concrete Block
Building to remain
Existing Adjacent
Two-storey Brick
Building to remain
Existing asphalted
Municipal right-of-way
to remain
Line of existing building to be
demolished shown dashed
Proposed NewOne-storey Buildingw/ Basement
1
3
.
5
0
3
[
4
4
'
-
3
5
/
8
"
]
40.424
[132'-7 1/2"]
Proposed
staff entry
Proposed
main entry
(setback
1.2m)
A
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.
As existing - j.c.
Ex
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Proposed parking
spaces shown thus
2 .7
2 .7
3 .0
5.5 parking, typ.
6.0
Min. Rear Yard
10.5
Proposed Rear Yard
Area between building
and property line
proposed to receive
new asphalt paving
Existing adjacent
Municipal parking lot
for visitor use
Access to parking to be
direct from Alley
Note: Existing site drainage
patterns are overland,
flowing generally from West
to East (towards Cat Alley)
and from North to South
(along Cat Alley). Proposed
grading and drainage
patterns are to maintain this
existing situation
Exist.
grading
to remain
As existing - j.c.
3 .5
lo
a
d
i
n
g
1 .5
9.0 Loading Space 1.5
Loading Setback
0 .6
4
6
3.488 +/-1.5
Set out rear face of
building from this
property corner
Exist.
grading
to remain
Concrete curb
Concrete walkway
Canopy over staff entry
shown dashed, see also
building elevations
Site & Building Data:
Zoning requirements have been determined using the Corporation of
Town of Tillsonburg Zoning By-law Number 3295.
Property Info:
Site Area = 691 sq.m. (7,443 sq.ft.)
Existing Building Area = 614 sq.m. (6,610 sq.ft.)
Proposed Building Area = 493 sq.m. (5,306 sq.ft.)
Zoning & Use:
Existing Use = Restaurant
Proposed Use = Professional Offices (Optometrists)
Present Zoning = Central Commercial Zone (CC)
Present Zone Provisions:
Minimum Lot Area = 90 sq.m. (968.8 sq.ft.)
Maximum Lot Area = no provision
Existing Lot Area = 691 sq.m. (7,443 sq.ft.), no change proposed
Minimum Lot Frontage = no provision
Existing Lot Frontage = 13.38m (43.9 ft), no change proposed
Minimum Lot Depth = no provision
Minimum Front Yard = no provision
Proposed Front Yard = no provision
Minimum Rear Yard = 6.0 m (19.69 ft.)
Proposed Rear Yard = 10.5 m (34.45 ft.)
Minimum Exterior Side Yard = no provision
Minimum Interior Side Yard = no provision
Proposed Interior Side Yard = 0 m
Maximum Lot Coverage = no provision
Existing Lot Coverage = 89%
Proposed Lot Coverage = 79%
Minimum Landscaped Open Space = no provision
Existing Landscaped Open Space = 0 sq.m.
Proposed Landscaped Open Space = 0 sq.m.
Maximum Gross Floor Area = 4 x Lot Area = 2,764 sq.m. (29,770 sq.ft.)
Proposed Gross Floor Area = 540 sq.m. (5,813 sq.ft.)
(Note: above GFA excludes any basement area)
Maximum Height of Building = 22 m (72.2 ft.)
Existing Building Height = approx. 5.0 m (16.4 ft.)
Proposed Building Height = TBD but < 7.5 m (24'-6")
(Note: above proposed building height is measured from top of main
floor finished floor to top of highest parapet, approximate)
Disclaimer:
This drawing has been reproduced from information supplied by the
Owner, using a Surveyor's Real Property Report dated May 21,
2015, as prepared by Kim Husted Surveying Inc.. John MacDonald
Architect does not warrant the accuracy of any information on this
drawing.
Legal Description:
Part of Lot 1070, Judge's Plan Registered as Plan 500, Town of
Tillsonburg, County of Oxford.
Key Plan:
Site Location:
138 Broadway Street, Tillsonburg, ON
Building Entry
Building Exit
Bollard
Legend & Site
Abbreviations:
1
A1a
Proposed Site Pan
1 : 150
True North Project North
Site & Building Data:
5.14 Loading Requirements:
From Table 5.14.1, for Commercial, 1 loading space required for 350 -
2,000 sq.m. (3,767.5 - 21,528.5 sq.ft.) of Gross Floor Area.
Required Loading = 1 space
Proposed Loading = 1 space
Reduced loading space standards apply since commercial gross floor
area is less than 2,000 sq.m. (21,528.5 sq.ft.)
Required Width of a Loading Space = 3.5m
Proposed Width of a Loading Space = 3.5m
Required Depth of a Loading Space = 9.0m
Proposed Depth of a Loading Space = 9.0m
Required Rear Yard to Loading = 1.5m
Proposed Rear Yard to Loading = 1.5m
Required Interior Side Yard to Loading = 1.5m
Proposed Interior Side Yard to Loading = 1.5m
5.24 Parking Requirements:
Required Width of a Regular Parking Space (90º, typ.) = 2.7m (9 ft.)
Proposed Width of a Regular Parking Space (90º, typ.) = 2.7m (9 ft.)
Required Width of a Regular Parking Space (90º, end.) = 3.0m (9.84 ft.)
Proposed Width of a Regular Parking Space (90º, typ.) = 3.0m (9.84 ft.)
Required Depth of Regular Parking Space (90º) = 5.5m (18 ft.)
Proposed Depth of Regular Parking Space (90º) = 5.5m (18 ft.)
Required Width of an accessible Parking Space = 3.7 m
Proposed Width of an accessible Parking Space = 3.7 m
Required Depth of an accessible Parking Space = 5.5 m
Proposed Depth of an accessible Parking Space = 5.5 m
Parking Calculation:
From Table 5.24.2.1, for Professional Offices, a minimum of 1 per 20
sq.m. (215.3 sq.ft.) of Gross Floor Area.
Required Parking = 540/20 = 27.0 = 27 spaces
Proposed Parking = 3 spaces
Sufficient municipal parking is available elsewhere on Broadway street
and in surface parking lot located off of Cat Alley.
Required HC Parking Space requirements = 5% of required spaces
Required HC Parking Space requirements = 1.35 = 2.0 spaces
Proposed HC Parking = 0 spaces
Sufficient HC parking is available elsewhere on Broadway street and in
surface parking lot located off of Cat Alley.
SPA Site Plan Approval Aug. 13 '15 JHM
34
John MacDonald Architect inc
141 Whitney Place N2G 2X8KitchenerCanada
Approved
Checked
DrawnDrawing Title
Scale (for 18x24" printing)Dwg. No.
tel (519) 579 1700 (519) 579 2046 fax
No. Revision Date Initial
Project
This document is to be read as an instrument of
service and remains the property of John
MacDonald Architect inc. It is issued only for the
specific purpose noted.
It may not be reproduced in whole or in part
without the consent of John MacDonald
Architect inc. and must be returned upon
request.
This document is to be read together with all
other documents issued for the specific purpose
noted, and all other documents further
referenced therein.
This document is not to be scaled for
dimensions. Where dimensions are not noted or
the relation of portions of the work are not
immediately apparent, the reader shall not
proceed in uncertainty.
The reader shall immediately notify the Architect
of all inconsistencies, errors, or omissions which
he may discover in this or other documents, or in
their relation in whole or in part.
No. Issued for Purpose Date Initial
info@johnmacdonaldarchitect.ca
The Bonnie Stuart Building
Dr. Springer Optometrists
Tillsonburg, ON N4G 3P8
MM
Proposed Elevations
A3aas noted
1 MMClient Review Jun. 05 '15
New Building
138 Broadway Street
NK
DS
PSPA MMPreconsultation Meeting Jun. 11 '15
2 MMFinal Client Approval Aug. 05 '15
SPA JHMSite Plan Approval Aug. 13 '15
PK Construction Inc.
STORE SIGNAGE STORE SIGNAGE
SIGNAGE SIGNAGE
t.o. ground floor slab - datum0.000
u/s vestibule ceiling3.050
u/s of display area ceiling4.270
t.o. steel deck5.335
t.o. basement slab-3.050
Existing adjacent two-storey brick
building shown thus
Proposed foundations shown dashed
Storefront
glazing (tinted)
Prefinished
Steel panels
Prefinished
Steel panels
Storefront glazing
into display area
(tinted)
Steel panels
Vestibule
glazing (tinted)
Steel panels
Masonry Stone veneer
Prefinished Steel Flashing, typ.
Masonry Stone veneer "piers",
typical both sides
LFLF
Masonry Sill
Masonry Stone veneer
Gooseneck type light
fixtures, typ. of 3
1a
A3a
West (Front) Elevation
1 : 100
t.o. ground floor slab - datum0.000
t.o. steel deck @ rear4.115
t.o. basement slab-3.050
Proposed foundations shown dashed
Windows shown thus
Painted steel staff entry door c/w lite
Prefinished steel flashing
Horizontal Steel Panel Siding
t.o. steel deck @ middle4.725
t.o. steel deck @ front5.335
GWG New entry canopy
Back side of front facade shown thus
2a
A3a
East (Alley) Elevation
1 : 100
job check indicates dimension
which must be confirmed onsitej.c.
Legend
Room Numbers
See Room Finish Schedule(s)07
Opening Numbers
See Opening Schedule(s)
Building Section
See Sheet A4a
Denotes Fire Separation
Building Elevation
See Sheet A3a
Wall Section
See Sheet A6a
Wall Type
See A0 Series Sheets
10
Denotes Existing Assembly
w#
Partition Type
See A0 Series Sheetsp#
W1 Window Type
See Window Schedule(s)
Equipment Numbers
See Equipment Schedule(s)1.1
1
A4a
1
A3a
1
A6a
F.S.Denotes Fire Separation
F.R.R.Denotes Fire Resistance Rating
General Notes to Elevations:
GWG denotes Georgian Wire Glass.
LF denotes Light Fixture.
Building signage shown diagrammatic for information purposes
only. Final signage design including but not limited to sizing,
lettering type, spacing and verbiage by Owner.
35
36
138 BROADWAY STREET, TILLSONBURG
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
Premier’s Awards for Excellence In the Arts FREQUENTLY ASKED QUESTIONS 2016 1
Premier’s Awards for Excellence in the Arts
Frequently Asked Questions
Definitions of eligibility criteria
What is the definition of a professional artist?
A professional artist is someone who has developed skills through training and/or practice,
is recognized as such by artists working in the same artistic tradition, has a history of
public presentation or publication, seeks payment for his/her work and actively practises
his/her art. Short breaks in artistic work history are allowed.
What is the definition of a not-for-profit organization?
Not-for-profit organizations are incorporated under the laws of Ontario or the laws of
Canada with a head office in Ontario. The organization must be governed by a volunteer
board of directors or an advisory board. They may not distribute any profits (surpluses) to
members, directors or officers, and they must use any profit (surplus) exclusively for their
not-for-profit purposes.
What is the definition of a for-profit enterprise?
A for-profit commercial enterprise is a registered company in Ontario that is primarily
Canadian-controlled (51%), with at least one-third of its activity available to Ontario
audiences in the form of exhibits, performances, recordings, videos, publications or other
forms of creative endeavour. The enterprise must be a corporate taxpayer in the province
of Ontario.
What is the definition of a collective or ad-hoc group?
Collectives or ad-hoc groups are made up of two or more individuals or groups who come
together for a one-time project (ad-hoc group) or have ongoing activity (collective).
Collectives or ad-hoc groups are mostly composed of professional artists or arts
professionals, are not an incorporated organization and operate on a not-for-profit basis.
What documentation may be required to verify a person’s residency?
Persons may be requested to provide, for example, an Ontario Health Insurance Plan
(OHIP) card, an Ontario driver’s licence or other documentation to validate Ontario
residency and/or their permanent physical address.
What is a permanent physical address?
A permanent physical address is the place that you live in most of the time. It is your usual
place of residence and is a physical location with a street number and name. A post office
56
Premier’s Awards for Excellence In the Arts FREQUENTLY ASKED QUESTIONS 2016 2
box does not qualify as a permanent physical address, only as a preferred mailing
address.
About the nomination forms
Where can I get a nomination form? Can I get one online?
The nomination form and guidelines are available for downloading on Ontario Arts Council
(OAC) website: www.arts.on.ca/Page1682.aspx.
Or, you may call or email OAC to have the material mailed to you.
Make sure you have the latest nomination form and deadline information
Can I receive the guidelines and form by fax or email?
No. OAC does not send or receive documents by fax or email. You can download the
guidelines and form on the OAC website at www.arts.on.ca/Page1682.aspx or contact
OAC for copies to be mailed to you.
Can I submit my nomination in French?
Oui. OAC is committed to providing services in French in compliance with the French
Language Services Act. If a French-language nomination is to be reviewed by an English-
speaking jury, at least one juror will be francophone.
OAC will arrange for nominations submitted in French to be translated into English by
accredited translators. The English translation is available to nominators for information
only. Send a written request to OAC after the award results have been announced if you
wish to see the translation.
Works of art (e.g., film scripts) or written materials that have not been asked for in the
nomination are not translated or submitted to the jury.
Can I talk to someone before I fill out my nomination?
Yes. If you wish to speak to someone, please contact the OAC’s Awards Office.
What if my nomination is missing something? Can I send extra documents to
OAC after the nomination deadline?
No. Incomplete nominations will go forward to the jury as is. We do not accept any
additional materials after the deadline. We will not follow up on these requirements – they
are your responsibility.
Can I include extra documents in my nomination?
No. In order to ensure balance and fairness, all nominations submitted for jury
consideration include the same basic elements: a nomination form, a testimonial letter from
the nominator, Nominee Résumé or History and press material. Additional letters of
support or other additional materials are not required and will not be submitted to the jury.
The following documents or materials will not be accepted or reviewed by the jury and will
not be returned: audio/visual materials (CDs, DVDs, slides, etc.), books, catalogues,
magazines, brochures, promotional posters, flyers or art work.
57
Premier’s Awards for Excellence In the Arts FREQUENTLY ASKED QUESTIONS 2016 3
OAC will remove excess documents and material. We will not return nomination
documents, including press material.
Submitting a nomination
Can I email or fax my nomination to you?
No. We will not accept nominations that have been faxed, emailed or sent on a disc.
Nominations must be mailed, couriered or delivered in person.
Will you return the nomination documents after the jury?
No. Nomination documents, including press material, will not be returned.
Can I send my nomination to OAC after the deadline?
No. Late nominations are ineligible and will be returned to you by mail at any point in the
process after the deadline date.
Will you notify me when you have received my nomination?
No. We will not notify you automatically when your nomination package comes in. If you
want confirmation of receipt, please enclose a self-addressed, stamped postcard with your
nomination package. We will then send the postcard back to you after the deadline date;
we do not open nominations until after the deadline.
What happens to my nomination after I submit it?
OAC’s Awards Office checks whether it was submitted on the closing deadline date for
nominations. We remove ineligible and late submissions from the competition and return
them to the nominators. We send all eligible nominations to a jury panel for review.
If my nominee is not named laureate, can I submit the nomination again?
Yes. You can resubmit the nomination at the next deadline, but you must complete a new
nomination form and resubmit the required documents each time.
If my nominee is an award finalist but not the laureate, can I submit the
nomination again?
Yes. You can resubmit the nomination at the next deadline, but you must complete a new
nomination form and resubmit the required documents each time.
Can I find out why my nomination was not successful?
OAC does not provide feedback on nominations. We encourage you to call OAC staff
before the next deadline to help you prepare for your nomination.
About the jury
All eligible nominations are considered by a jury chosen by OAC’s Awards Office for their
expertise in the arts and cultural disciplines. Jurors cannot be nominators or nominees in a
current award competition.
The composition of a jury should represent the range of nominations in the competition
and include arts professionals representing regional, culturally diverse, new generation,
Aboriginal and francophone artistic practices and communities in Ontario.
58
Premier’s Awards for Excellence In the Arts FREQUENTLY ASKED QUESTIONS 2016 4
Jurors are required to keep the content of all nominations and review discussions
confidential. Jurors do not disclose that they have been selected as assessors. Names of
jurors may be released with the results of each competition.
Before they meet, jurors become familiar with the awards and assessment criteria. They
read all nomination submissions and make notes about each using these criteria.
At the meeting, the jurors discuss each nomination. They make a group recommendation
for a laureate and five short-listed finalists in each award category.
The completeness, accuracy and strength of the documentation submitted are essential
parts of your nomination because the jury relies on this material to assess the
nominations. The criteria for assessing nominees are:
outstanding achievements;
distinguished body of work, service or production;
contribution to their community, covering all aspects of creativity and innovation
in the arts and culture in Ontario over a significant period of time.
About the Ontario Arts Council
With funds from the provincial government, OAC administers more than 60 granting
programs for Ontario-based artists and arts organizations. Grants provide professional
artists and arts organizations with financial assistance for a specific activity, for a period of
time or for ongoing operations.
In addition to public monies, OAC also manages private funds established by individual
donors to benefit the arts. The income from these funds allows OAC to present awards,
scholarships, grants and fellowships to artists for purposes identified by these individuals.
The OAC’s Awards Office administers the awards programs. The OAC’s Awards Office
also administers awards for the Ontario Arts Foundation, other foundations and the
Government of Ontario. OAC administers the nomination and evaluation process of the
Premier’s Awards for Excellence in the Arts on behalf of the Government of Ontario.
59
STAFF REPORT
CAO
Report Title: The Future Oxford Community Sustainability Plan
Report No.: CAO 15-16
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: NOVEMBER 9, 2015
Attachments:
APPENDIX 1 - TOWN OF TILLSONBURG REPORT CAO 15-12
APPENDIX 2 - OXFORD COUNTY REPORT CAO 2015-06
APPENDIX 3 - TOWN OF TILLSONBURG RESPONSE TO
ACTION ITEMS
RECOMMENDATION:
That Council receives Report CAO 15-16 – The Future Oxford Community Sustainability Plan for
information;
And that the Council of the Town of Tillsonburg supports The Future Oxford Community
Sustainability Plan and receives the information as contained in Oxford County Report CAO
2015-06 as attached to Town of Tillsonburg report CAO 15-16 as information.
And that the support as provided in report CAO 15-16 does not anticipate any additional financial
support from the Town of Tillsonburg.
And further that Report CAO 15-16 be provided to the County of Oxford in response to their
request for support.
EXECUTIVE SUMMARY
At its meeting of August 10, 2015 Council received a report from the CAO in response to the circulation of the draft The Future Oxford Community Sustainability Plan by the Oxford
Community Sustainability Plan Steering Committee to the area municipalities. CAO report 15-12
provided a response to the County of Oxford Council regarding the draft plan. On September 9,
2015 Oxford County Council adopted The Future Oxford Community Sustainability Plan. In
addition, Oxford County Council requested “that the Area Municipal Councils adopt The Future
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Oxford Community Sustainability Plan and indicate there support, through resolution. County Council also requested support for the information as outlined in County Report CAO 2015-06.
CONSULTATION/COMMUNICATION
The Town of Tillsonburg Senior Leadership Team (SLT) has reviewed the draft Community
Sustainability Plan as provided in August and provided the CAO with comments related to the 70 Action items as now contained in The Future Oxford Community Sustainability Plan. This report will address the SLT review of action items under Background.
BACKGROUND
It appears that some of the concerns raised in report CAO 15-12 which was provided to Oxford
County as a response to the draft Community Sustainability Plan have been addressed. One such issue was Future Oxford funding. As part of the adoption of the plan by the county, there is provision for $300,000 to fund energy and community wellbeing baseline studies. In addition,
County staff will be presenting a funding plan to County Council’s consideration as part of the
2016 Business Plan and Budget process.
In terms of Action Items, there are still 70 items. Item 58 was amended to read: “Develop a waste reduction and diversion strategy to ensure the Oxford County Waste Management site can meet Oxford’s total landfill disposal needs of residents and businesses to at least 2100.”
The remaining 69 items remain the same as contained in the draft plan.
The town’s Senior Leadership Team has reviewed the 70 action items to determine how the
Town of Tillsonburg may contribute to the completion of the action items in light of current town initiatives and activities. Attachment 4 to this report provides a brief outline as to how the Town of Tillsonburg is currently contributing to many of the identified action items. Obviously, some of
the items are beyond the scope of the Town of Tillsonburg but the list does identify that the
Town of Tillsonburg has been contributing to a sustainable Oxford in many of its activities.
In terms of implementation of the Sustainability Plan, I would note that page 3 and 4 of County of Oxford Report CAO 2015-06 references implementation and reporting as does Appendix 3 attached to the report.
FINANCIAL IMPACT/FUNDING SOURCE
Staff is not anticipating any funding requirements from the Town of Tillsonburg (outside the levy) towards the implementation of The Future Oxford Community Sustainability Plan.
Page 2 / 2 CAO
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1. Create partnership opportunities that encourage the private sector to
invest in affordable housing.
Incorporate P3 or other housing partnerships into Memorial Park
redevelopment as part of the financing plan long-term revenue
2. Foster collaboration among citizens, community partners, and all levels
of government to advance preventative health (including decreasing
substance abuse and improving mental health) through active living and
building social capital.
This is what RCP does every day and in many ways. Existing examples and
potential new examples are too numerous to list. Expansion of trail system
promotes active living.
3. Encourage infill development including mixed-use projects and/or small
homes, secondary homes, and in home suites on existing lots.
Parks Shed property is a prime opportunity for this. Memorial Park
conceptual master plan includes discussion of residential options near Lisgar
and Broadway.
4. Provide frequent, cost-efficient transportation options that connect all
of Oxford and larger to hubs outside of Oxford.
The Community Transportation Pilot project will eventually look broader
than the Town of Tillsonburg in order to connect County wide.
5. Provide real time transportation information on-site, online, and in an
Oxford transportation guidebook to highlight routes, connections, and
timetables.
6. Increase the use and awareness of the Volunteer Opportunities
Directory in Oxford.
RCP does not currently integrate or access this Directory but will be looking
into it.
7. Enhance the capacity of volunteer organizations through:
expanded recruitment programs;
training support for all ages;
a public recognition program; and,
addressing transportation needs of volunteers.
RCP offers training through the CIA project. The Town recognizes volunteers
but it is not coordinated with the remainder of the County.
8. Develop a food security plan that supports food affordability and
accessibility of food to all of Oxford’s population.
9. Promote backyard gardens, community gardens, and community food
hubs in partnership with community partners and schools.
The Town provides space for the existing Community Garden. Incorporating
backyard gardens into the KTB project would expand on this.
10. Ensure broad communication, engagement and community awareness
of government initiatives/plans and community programs/services.
The Town has adopted a Public Engagement Policy and Guidelines in order to
broaden public communication and engagement
11. Develop a collaborative voter engagement program, including
supporting volunteers to stimulate voter turnout and a voter
information package on sustainability issues for all elections.
Area Municipal Clerks coordinate election advertising and best practices. This
group could expand upon election activities.
12. Work to develop a university campus in Oxford. Could be an anchor partner of the Memorial Park/TCC revitalization.
13. Expand opportunities for post-secondary programs, including:
self-directed learning opportunities;
co-op programs;
skilled trade programs;
employment training programs; and
loans and grants for students.
RCP is a willing, viable and appropriate ‘host’ for students in co-op and skilled
trade programs in a variety of areas.
14. Ensure high-speed/high-capacity broadband throughout Oxford. The Town of Tillsonburg has high speed broadband available.
15. Provide access to collaborative spaces and services for people who are
participating in online studies and support self-directed learning.
The TCC revitalization could include a media classroom and video
conferencing capacity.
109
16. Create and support community sustainability roundtables to lead a
region-wide dialogue on sustainability issues and the implementation of
sustainability actions.
17. Establish an environmental responsibility program in collaboration with
schools.
18. Support organizations and programs working to eliminate the use of
fossil fuels.
Convert small gas powered tool and equipment fleet to battery. Monitor
technology changes to see if battery ice resurfacer is a possibility
19. Encourage relevant organizations to convene to develop:
an arts and culture plan; and
a funding initiative and a strategy to use under-utilizedfacilities and
spaces to support a thriving arts, recreation,and culture community in
Oxford.
RCP – Culture Tillsonburg – Tillsonburg Cultural Improvement Alliance – a
cultural master plan for Tillsonburg and a strategic plan for the Museum are
both on the short-medium term planning horizon.
Under utilized facilities (TVDSB) might be available.
20. Support and promote collaborations among theatres, galleries, and
museums (e.g. such as Oxford Creative Connections).
OCCI, TCIA, - collaborations are in the works but may not come easily given
past relationships
21. Enhance and promote arts and recreation programming within schools
and for residents.
RCP – a clear mandate in this area
22. Develop a major arts and culture tourist destination in Oxford. A strategic objective for Tillsonburg as an anchor and vibrant arts community
23. Enhance collaboration between all local and regional economic
development officers and agencies.
The Town of Tillsonburg has renewed its membership in SOMA
24. Develop a mechanism to enhance support of local business expansion
and retention.
Currently the mandate of the Economic Development Commissioner in
Tillsonburg. The Downtown Façade Improvement Program assists in this
action item
25. Support companies that can process Oxford-based agricultural products
(e.g. dairy, soy, corn, market vegetables, and fruit).
26. Amend zoning to encourage on-farm processing.
27. Promote emerging employment opportunities to youth.
28. Encourage high-tech manufacturing in Oxford. A function of the Economic Development Commissioner
29. Enhance employment mentorship programs for new entrepreneurs.
30. Provide incentive programs to support equity and diversity. Town workforce – implement a strategic choice for targeted employment of
diverse abilities
31. Enhance the visibility and capacity of farmers’ markets to showcase
Oxford farmers and local products for Oxford residents and beyond.
Consider this as part of a reconfiguration of the clock-tower – art gallery area
as a downtown gateway
32. Incentivize and encourage local restaurants and grocery stores to use or
sell local products.
33. Ensure preservation of farmland through proactive land-use and other
policies.
34. Develop an Oxford job strategy that stimulates the sustainable
economy, including an inventory of sustainability related jobs.
35. Develop incentives to support ecological farming approaches or
techniques.
36. Ensure appropriate access to Community Employment Services across
Oxford.
110
37. Support local business through procurement policies and full cost
accounting by government and public sector organizations.
38. Encourage green entrepreneurship through incentives and programs.
39. Organize job fairs in each community and promote existing online
employment resources.
40. Develop a green infrastructure plan including a tree planting strategy. RCP lead on this in Tillsonburg – LPCRA is a partner and perhaps Stewardship
Oxford and Carolinian Canada can be as well.
41. Create a biodiversity plan to preserve and enhance biodiversity in
Oxford, with a focus on native species. .
42. Establish a Natural Heritage System within the Official Plan to increase
and connect green space to support biodiversity and to protect
significant natural features in Oxford.
Overlap with trails master plan. May need to identify connectivity within
urban areas and from urban to rural through parks and conservation land
acquisition
43. Encourage sustainable agricultural practices.
44. Develop a plan that encourages restoration of abandoned pits, quarries
and brownfield sites.
CIP’s within the Town of Tillsonburg can be a tool to encourage brownfield
redevelopment
45. Create a region-wide plan for adaptation to climate change.
46. Develop an Oxford Energy Plan and reduction target strategy. RCP would need to integrate this with the Town’s energy conservation plan
47. Provide incentives for renewable energy, retrofits, zero-energy homes,
passive housing, and other advanced low-carbon strategies.
Tillsonburg Hydro Inc has an active Conservation Demand Management
program which provides a suite of incentive programs
48. Encourage local electric utilities to use renewable electricity through a
renewable energy (solar) lease program.
49. Develop a marketing strategy and campaign to educate elementary and
secondary students and the public at large about energy conservation
initiatives.
50. Develop a plan to ensure Oxford is carbon-positive by 2050. RCP would need to integrate this with the Town’s energy conservation plan
51. Develop a plan to ensure Oxford achieves 100% Renewable Energy by
2050.
RCP would need to integrate this with the Town’s energy conservation plan
52. Evaluate the impact of new developments on Greenhouse Gas (GHG)
emissions.
53. Develop funding initiatives to stimulate energy and demonstration
projects, including district energy projects throughout Oxford.
The Community Centre might be a good focus for a district energy project in
collaboration with the nearby apartment buildings.
54. Advocate for Building Code revisions to reduce fossil fuel consumptions
through green construction and retrofits.
55. Develop an Oxford program to support companies tracking and reducing
their GHG emissions (along the lines of Climate Smart).
56. Develop a network of bike lanes throughout Oxford, including physically
separated trails where feasible, paved shoulders and bike stands.
RCP would need to integrate this with the Tillsonburg Cycling Master Plan
and the Trails Master Plan
57. Develop a transportation demand management strategy that includes
programs and incentives for ridesharing (including school buses), active
transportation, bike sharing, and workplace mode-shifting with a
particular focus on marginalized residents.
It is anticipated that the Community Transportation Pilot Project currently
underway will address some of these items
58. Develop a waste reduction and diversion strategy to ensure the Oxford
County Waste Management site can meet Oxford’s total landfill disposal
RCP would need to integrate this into our operational plans for garbage
collected from downtown, park and special event receptacles. This action
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needs of residents and businesses to at least 2100. was amended by the county from 2060 to 2100
59. Enhance and incentivize reuse and recycling programs
60. Develop a composting strategy to divert 100% of organics from landfill.
61. Actively investigate the potential for waste to energy projects that
support renewable energy principles and targets.
62. Advocate for sustainable packaging reform in Ontario.
63. Prohibit the importation of contaminated excess soils.
64. Develop a County-wide water management plan to protect all source
water, similar to municipal source water protection plans now in
development.
65. Enhance water efficiency programs, including conservation awareness,
xeriscaping, and incentives for rainwater capture and grey water
systems.
RCP can implement demonstration gardens, xeriscaping and rainwater
capture.
66. Develop regulations for sustainable water use for quarrying and gravel
extraction.
67. Develop a penalty structure for industries that dump into or pollute
water systems.
68. Prevent importation of sewage from outside Oxford.
69. Encourage river and stream bank soil erosion protection and water
quality protection from manure and/or chemical products.
RCP can implement stream bank erosion protection around Lake Lisgar,
Participark, Coronation Park, Cadman Park and other municipally owned
spaces.
70. Develop water metering throughout Oxford.
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STAFF REPORT
HUMAN RESOURCES
Title: BENEFIT PLAN REFUND
Report No.: CAO-HR-15-05
Author: ASHLEY ANDREWS, HUMAN RESOURCES MANAGER
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
NOVEMBER 9, 2015
Attachments:
RECOMMENDATION
THAT Council receives report CAO-HR-15-05 Benefit Plan Refund.
AND THAT the $38,127.47 refund be contributed to general reserves.
EXECUTIVE SUMMARY
In 2012 the Town and Great West Life reviewed the accounting methodology in place for premium payments and decided to make the decision to move to a refund accounting method.
The refund accounting method for funding of experienced rated benefits allows the plan sponsor
(the Town) to participate in the financial results of the plan. The major advantage to this method is
that the Town cannot over-fund the plan. Any over-funding that may occur above the estimated
required claims fluctuation reserve (CFR) is then returned to the plan sponsor in the form of a declared “surplus”.
The premiums paid by the Town from 2012 to 2015, as per the refund accounting method, have
exceeded the minimum threshold required by Great West Life. The additional net premiums above
the threshold, previously retained by Great West Life, have now been refunded to the Town.
FINANCIAL IMPACT/FUNDING SOURCE
Not applicable.
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STAFF REPORT
CLERKS OFFICE
Title: RECORDS MANAGEMENT
Report No.: CL 15-25
Author: DONNA WILSON,
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
NOVEMBER 9, 2015
Attachments: RECORDS & INFORMATION MANAGEMENT POLICY
RECOMMENDATION
THAT Council receives Report CL 15-25, Records Management;
AND THAT Council adopts the Records & Information Management Policy for the Town of
Tillsonburg.
EXECUTIVE SUMMARY
Council will recall that at the Council meeting of September 28, 2015 staff provided a report and
summary on Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, which
was passed and given Royal Assent in December, 2014. In May 2015, it was announced that it will be proclaimed into force as of January 1, 2016. Council directed staff to provide policy updates that are required as a response to Bill 8. One of the policies staff identified that are required for the
Town of Tillsonburg was a Records Management Policy.
Section 254 of the Municipal Act provides that a municipality shall retain and preserve its records in a secure and accessible manner. The attached policy follows the requirements of the Municipal
Act, the Municipal Freedom of Information & Protection of Privacy Act and the Ontario Municipal
Records Management System (TOMRMS) for the management of records and information within
the Town of Tillsonburg.
The policy regulates the creation of procedures that pertain to all records and information in the
custody and control of the Town. The policy provides for the development, coordination and
administration of records management procedures. The implementation of this policy will ensure there is Corporate compliance with the established
File Classification System (TOMRMS), vital and archival records are protected, legal requirements
are met, retrieval of records is simplified and staff turnover does not affect the corporate memory.
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The goals of the policy are to streamline information and record keeping practices, to promote
efficient and effective decision making, to improve productivity and to demonstrate that the municipality is making every reasonable effort to retain and dispose of its records in a responsible
manner and in accordance with applicable legislation and good business practices.
Policies that will be developed to support this policy are: 1. Physical, Permanent & Vital Records Procedures - completed
2. Electronic Records & Naming Convention Procedures – in progress
3. Vital Statistics Procedures – completed
4. E-mail Management Procedures – in progress
Additional supporting Documents to this procedure are:
1. Records Retention By-Law 3933
2. TOMRMS File Classification Scope Notes
3. TABQuik User Guide
4. Laserfiche User Manual
CONSULTATION/COMMUNICATION
The Policy and procedures were completed after consultation / research with various municipalities
and agencies to source out “Best Practices” for Records & Information Policy, Procedures and
Guidelines.
The following is a list of those municipalities and agencies consulted:
Oxford County
City of Cambridge
City of Burlington City of Waterloo Town of Oakville
City of Brampton
The Ontario Archives
Information Management – Alberta Government Association of Records Managers and Administrators (ARMA)
COMMUNITY STRATEGIC PLAN IMPACT
Section 1 – Excellence in Local Government
1.3 Demonstrate accountability – Bill 8 and the review of Corporate Policies provides the public
with regular updates on ongoing initiatives and appropriate contacts.
The updated policies will provide citizens with key performance indicators for this initiative.
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FINANCIAL IMPACT/FUNDING SOURCE
No financial impact at this time. However standard practices may initially impact supply order
costs. Those costs have been provided for in the proposed 2016 budget.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
ADMINISTRATIVE POLICY
RECORDS & INFORMATION MANAGEMENT POLICY
APPROVAL DATE:
REVISION DATE:
POLICY NUMBER:
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This Policy may be cited as the “RIM Policy”.
A. Policy Statement
The Town of Tillsonburg is committed to promoting and facilitating a corporate-wide
Records and Information Management Program to maintain, protect, retain and dispose of its records, regardless of format, throughout their life cycle in accordance with
government regulations to support accountable and effective business practices, and to
maintain a high level of customer service.
B. Purpose
The policy outlines consistent standards and practices of the life cycle management of all records and information in the care and custody of the Town of Tillsonburg.
Information contained in records is a critical corporate asset. The policy supports the proper management, maintenance, and disposal of records in all forms. Complete
accurate records aid in organizational efficiency and decision making, assist in business continuity and litigation support, satisfy legislative and regulatory requirements, and serve as the Town’s corporate memory by preserving organizational and operational
history.
The purpose of this policy is to document the provision of Records and Information
Management as a whole, taking in to account all records regardless of format, the transfer to storage or alternate medium, retention, destruction or disposition and archival selection to ensure that all records and information are maintained with consistency.
C. Scope
The Town of Tillsonburg shall establish a Corporate Records & Information Management
Policy, following the requirements of the Municipal Act, 2001, the Municipal Freedom of
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Information and Protection of Privacy Act, and the principles of The Ontario Municipal
Records Management System (TOMRMS) for the management of records and information within the Municipality.
This policy shall affect all records and information in the custody and control of the Town of Tillsonburg, including those produced or received within all Town departments.
This policy regulates the creation of procedures, for all departments, for the creation of all documents and records, the maintenance of the records in the Corporate file
classification system, preparation, issuance and updating of approved records retention
schedules, management of inactive records and storage facilities, utilization of alternate medium, the identification and protection of vital and archival records, as well as the
destruction of records in accordance with government regulations and legal
requirements.
In order to ensure that all departments maintain the Corporation’s records appropriately;
the Town of Tillsonburg has enacted Records Retention By-Law 3933.
D. Definitions
• “Active” refers to the time frame a record is actively used in the department and
retained within the department.
• “Auditor” means the person or firm appointed by Council from time to time to
perform the annual audit of the records of the Town of Tillsonburg.
• “Archival Selection” means to evaluate and appraise a record for permanent
retention due to its historical value.
• “Classification” (as in records classification) means the systematic identification and arrangement of records into categories according to logically structures
conventions, methods, and procedural rules, as represented in the classification
scheme.
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• “Conversion” is the act of transferring recorded information from one physical medium or format to another.
• “Destroy” means the process of eliminating or deleting data, documents and records so that the recorded information no longer exists.
• “Destruction” means the final phase of a record’s life cycle.
• “Disposition with respect to records” means a range of processes; associated actions; implementation; retention; destruction; loss; or transfer of custody or
ownership that are documented.
• “Duplicate Record” is a copy of a record containing information which is identical to that contained in the original record.
• “Electronic Records” means data and information which is used to exchange text messages and computer files over a communications networks such as a local area network or the Internet usually between computers or terminals which
shows evidence of actions and decisions occurring during the transaction of business.
• “Files” has the same meaning as “records” and may be used inter-changeably
• “Imaging” means the process of capturing, processing, and managing
documents by reproducing their appearance through photography,
micrographics, or scanning to create copies or “images” of records.
• “Inactive records” means records that are no longer required for ongoing
municipal business. These are records that are ready for final disposition; in
other words, records for which the scheduled active retention period has lapsed.
• ”Information management” means the systematic control of information from creation to storage and retrieval to dissemination, regardless of media or physical format.
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• “Integrity” is the quality of being whole and unaltered through loss, tampering,
or corruption. In the context of records, integrity relates to the potential loss of physical or intellectual elements after a record has been created. As one of the
components used to determine a record’s authenticity, integrity is a relative concept that assesses whether the essential nature of a record has changed.
• “Laserfiche” is the Town of Tillsonburg’s electronic document management
system. • “Medium/media” means the physical material which serves as a functional unit,
in or on which information or data is normally recorded, in which information or
data can be retained and carried, from which information or data can be retrieved, and which is non-volatile in nature.
• “Metadata” means definition or description of data. Describes how and when
and by whom a particular set of data was collected, and how the data is formatted. Also known as the data about the record.
• “Microfiche” is a rectangular sheet of transparent plastic having one or more
miniaturized images usually arranged in a grid pattern, with a heading area across the top. Normal size is 148 x 105mm (6 x 4 inches).
• “Microfilm” is a fine-grain, high-resolution film used in micrographics containing
an image greatly reduced in size from the source document.
• “Microform” a generic term covering any form, either film or paper that contains
images greatly reduced in size. Microform may be produced through a photographic process or generated from a computer (computer output microform, also known as COMfiche/ COMfilm).
• “MFIPPA” Ontario Municipal Freedom of Information and Protection of Privacy
legislation which, with some limitations, provides the public with a right of access to records held by the Town and protects the privacy of personal and sensitive
information.
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• “Non-Record Material” means copies of documents maintained in more than
one location or materials available from public sources, which can be disposed of
at the discretion of the user.
• “OCR” means optical character recognition, a technology that enables you to
convert different types of documents, such as scanned paper documents, PDF
files into editable and searchable data.
• “Official Records” means recorded information in any format or medium that
documents the company's business activities, rights, obligations or
responsibilities or recorded information that was created, received distributed or maintained by the company in compliance with a legal obligation.
• “Orphan Data” means data that is not machine readable because the data
exists with no identifiable computer application or system that can retrieve it, or the data is machine readable but does not have sufficient content, context or
structure to render it understandable.
• “Permanent” means information that retains its legal, administrative and
historical value without any timeframe.
• “Personal Information Bank” (PIB) as defined in the Freedom of Information and Protection of Privacy Act a PIB is a collection of personal information that is
organized or retrievable by the name of an individual or by an identifying number,
symbol or other particular assigned to an individual. • “Records” means any recorded information, however recorded, whether in
printed form, on film, by electronic means or otherwise, including
correspondence, memoranda, plans, maps, drawings, graphic works, photographs, film, microfilm, microfiche, sound records, videotapes, LaserFiche,
e-mail, machine readable records, and any other documentary material
regardless of physical form or characteristics, and including “official records” and “transitory records”.
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• “Records Management Coordinator” means the Clerk or designate.
• “Responsible Department” identifies the department with the primary responsibility for retaining the record as noted in the retention table.
• “Retention Period” means the period of time during which the Town must keep
records before they may be disposed of.
• “Retention Schedule” means a control document that describes the company’s
records at a series level, and indicates the length of time that each series shall be
retained before its final disposition. It specifies those records to be preserved for their archival or legal values, and authorizes on a continuing basis the destruction
of the remaining records after the lapse of a specified retention period or the occurrence of specified actions or events.
• “Signing Authority” means the Director of the responsible department or
his/her designate. • “Town” means The Corporation of the Town of Tillsonburg.
• “Transitory Records” means records kept solely for convenience of reference
and of limited value in documenting the planning or implementation of Town policy or programs, such as:
o copies of miscellaneous notices or memoranda concerning routine administrative matters or other minor issues; o information copies of widely distributed materials, such as minutes,
agendas and newsletters, unless the information copy has been annotated to reflect significant input or for other program purposes;
o preliminary drafts of letters, memoranda or reports and other informal
notes which do not represent significant steps in the preparation of a final document and which do not record decisions;
o duplicate copies of documents in the same medium which are retained
only for convenience or future distribution; o voice-mail messages;
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o e-mail messages and other communications that do not relate to Town
business; o copies of publications, such as, published reports, administration manuals, telephone directories, catalogues, pamphlets or periodicals;
o duplicate stocks of obsolete publications, pamphlets or blank forms; o unsolicited advertising materials, including brochures, company profiles and price lists.
• “Vital Record” means a record of any form or format, containing information that is essential to continue the immediate operation of the Town and that is
necessary to recreate its legal and financial position and to preserve its claims
and rights and those of its stakeholders.
E. General
The goals of the Records & Information Management Policy are:
• to streamline information and record keeping systems;
• to promote efficient and effective decision making;
• to improve productivity and control costs by making records and information
readily available to all users; and
• to demonstrate to judicial and legislative authorities that the municipality is
making every reasonable attempt to retain and dispose of its records in a
responsible manner and in accordance with applicable guidelines, legislation and good business practices.
All records created or received by an employee of the municipality are considered property of the municipality and are subject to disclosure under the Municipal Freedom
of Information and Protection of Privacy Act.
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All employees who create, work with, or manage records shall:
• comply with the Records & Information Management Policy and Procedures and
the retention periods for records as specified in the current Records Retention
Schedule; • ensure that official records in their custody or control are protected from
inadvertent destruction or damage; and
• ensure that non-records in their custody or control are destroyed when they are no longer needed for short-term reference.
There are three major categories of records and Records and Information Management covers all three categories of records as follows:
• Paper Records (e.g., letters, reports, computer printouts, photographs) • Physical Media Records (e.g., video, audio tapes, CD, DVD, microfilm)
• Electronic Records (e.g., emails, word processing, spreadsheet or database files,
and pdf files).
The Implementation of the Records & Information Management Policy will ensure that:
• There is Corporate compliance with the established File Classification System;
• Filing and Storage space is economically utilized;
• Vital and Archival records are protected; • Legal requirements are met;
• Retrieval of records is simplified;
• Staff turnover does not affect the corporate memory.
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F. Administration
In support of the municipality’s Records & Information Management Policy and procedures, the Clerk’s Office is responsible for:
• the development, coordination and administration of records management policies and procedures in support of the records management program;
• providing assistance to determine if material is an official record, non-record, or
duplicate and ensuring that official records are preserved and disposed of in accordance with the current Records Retention Schedule;
• in addition to providing day-to-day assistance to users in all aspects of the records management program, from records creation to final disposition of records, the Clerk’s Office is also responsible for identifying and assessing
records and items of historical value and transferring archival materials;
• the identification of records held in storage, which have fulfilled their retention
requirements in accordance with records retention and obtaining departmental
approvals prior to their destruction;
• maintaining a list of all records of the municipality for use by all departments
including all records that have been destroyed in accordance with this by-law or
any predecessor records retention by-law;
• the establishment and maintenance of the Records Classifications and current
Records Retention Schedule in consultation with department heads and the municipal auditor;
• the identification and protection of all records vital to the functioning of the
municipality and for providing the municipality with a records recovery process to implement in the event of a disaster;
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• advising all departments of the municipality on the most appropriate and efficient
ways to create, classify, handle, store, retrieve and dispose of records;
• providing assistance to the municipality’s departments to comply with the
Municipal Freedom of Information and Privacy Act, and any other federal or provincial legislation affecting records management practices.
The Records Management Coordinator shall administer this policy and shall ensure corporate compliance with the file classification system and retention periods for record
and information in the custody and control of the Town of Tillsonburg.
In determining compliance, the Records Management Coordinator shall consider, in
consultation with other Town employees, where appropriate:
• The operational nature of the records, including the period of time during which
the Town uses the records to perform its functions; • The legal nature of the records, including the period of time necessary to comply
with statutory or regulatory requirements or requirements imposed by
agreements, permits or similar documents, or to ensure that the records are available in case of investigation or litigation;
• The fiscal nature of the records, including the period to time necessary for audit
or tax purposes; and,
• The historical nature of the records, including the long-term value of the records
for documenting past events or the origins and history of the Town.
G. Employee Responsibility
All Town employees who create, work with or manage records shall:
• Comply with the file classification systems and retention periods as specified in the current records retention by-law;
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• Ensure that official records in their custody or control are protected from
inadvertent destruction or damage;
• Ensure that transitory records in their custody or control are destroyed when they
are no longer needed for short-term reference;
• Maintain permanent records in an accessible manner;
• And ensure that appropriate security measures are in place.
H. Records Management Coordinator
The Records Management Coordinator shall:
• Develop and administer policies and procedures for the Town’s records and
information management program;
• Periodically review and make recommendations with respect to this policy,
including the current records retention schedule;
• Facilitate training and conversion of files to the principles of the Records Management Classification System (TOMRMS);
• Ensure that official records are preserved and disposed of in accordance with
the current records retention schedule; and,
• Satisfy him/herself that the retention period as set out in current Records
Retention Schedule has expired and disposal has been properly authorized by the department pursuant to Section 5 of the Records Retention By-Law 3933 and
that all certificates of disposition have been prepared and preserved.
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I. Related Procedures
The following procedures provide step by step instruction in managing all aspects of the
Records and Information Management Program at the Town of Tillsonburg:
1. Physical, Permanent & Vital Records 2. Electronic Records & Naming Convention 3. Vital Statistics
4. Electronic Email & Messaging Standards
J. Review
This policy shall be reviewed at least once every five years.
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STAFF REPORT
DEVELOPMENT AND COMMUNICATION SERVICES
REPORT TITLE: SURPLUS LAND OPTIONS
Report No.: DCS 15-51
Author: CEPHAS PANSCHOW
Meeting Type: COUNCIL MEETING
Council Date: NOVEMBER 9, 2015
Attachments:
RECOMMENDATION:
THAT Council receive Report DCS 15-51 Surplus Land Options;
AND THAT staff be directed to conduct an investigation of various Town owned lands in the
downtown core to be considered for declaring surplus to enable development;
AND THAT a comprehensive Public Engagement process be developed with a final report
being brought back to Council for consideration.
EXECUTIVE SUMMARY
The Town of Tillsonburg Economic Development Office has been approached by a number of
parties interested in investing in Downtown Tillsonburg in order to support their business
growth and expansion. Due to the limited number of development sites in the Downtown
core, they have asked about the possibly of purchasing municipally owned parking lots.
Staff is bringing this forward to Council to determine the level of interest Council may have
in divesting of various parking lots to support increased development.
BACKGROUND INFORMATION
The Town of Tillsonburg Central Area Design Study was completed and approved by Council
in 2012. The purpose of the Central Area Design Study was to assist in the development of
appropriate policies for the Central Area, which can be incorporated into the Official Plan as
part of the five year review, as well as to provide a “building block” for future development
with Tillsonburg’s Central Area.
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The Study identifies opportunities to strengthen and grow the Downtown, including:
Improve and extend the main street along Broadway north to Venison Street and
south to Prospect Street, as well as along intersecting streets;
Re-develop single storey buildings into 2 or 3 storeys to help intensify Broadway
street as well as provide greater consistency in the streetwall condition along its
length, producing a tighter knit and more intimate urban environment; and,
The development of prominent sites throughout the downtown that have significant
potential to provide positive contributions to the built environment.
The Study also notes that significant portions of the Town’s streetscape frontages are lined
with large surface parking lots, which detract from the quality of the built environment.
Based on this, the Study also identifies the below sites as potential redevelopment sites.
Although the Study indicates that these sites are not specifically identified or slated for development, it does state that they have been identified by various stakeholders
throughout the study process as being key to the long-term revitalization of the Central
Area.
200 Broadway – North Parking Lot
200 Broadway – East Parking Lot (south of Bridge St)
Library property
Southwest corner of Broadway/Bridge (Clock Tower and Parking Lot)
Southeast corner of Broadway/Oxford (water fountain parkette)
These sites are shown below as either Opportunity or Demonstration sites.
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Opportunity Sites (Light Blue Shading)
Demonstration Sites (Yellow Boundary)
The Central Area Design Study also conducted a high-level parking analysis, which found
that the surface parking lots located on the east side of Broadway Street are 45-
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55% unoccupied during the day, with several lots adjacent to Lisgar Avenue being virtually
empty and lots west of Broadway Street are 10-20% unoccupied in the morning, and 15-
25% unoccupied in the afternoon.
The Study suggested that, due to the high vacancy of the parking lots, measures be taken
to utilize these lots more effectively including developments with no parking requirements.
Based on this analysis, staff is supportive of investigating the opportunity for new
developments on surface parking lots.
The municipal parking lots that have been identified for potential development are shown
below.
Site 1 – Southwest Corner of Broadway and Bridge streets
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Site 2 – 200 Broadway (North Parking Lot)
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Site 3 – Bridge Street Parking Lot (Canadian Tire)
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Site 4 – Northeast Corner of Brock and Harvey streets
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Site 5 – 58 Brock St E (Northeast corner of Brock and Lisgar)
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Site 6 – Harvey St (South of Avondale United Church)
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Site 7 – Southwest Corner of Ridout St E and Harvey St
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COMMUNITY STRATEGIC PLAN
The Economic Sustainability section of the Community Strategic Plan identifies two
objectives that relate to development:
Support new and existing businesses and provide a variety of employment
opportunities
Provide diverse retail services in the downtown core
Although the exact nature of the current development opportunities is not known, offering
investors the opportunity to develop new buildings on municipal parking lots will result in
increased activity in the downtown core and support business growth, increased
employment growth and contribute to a more diverse mix of businesses.
CONSULTATION/COMMUNICATION
As per the Town of Tillsonburg Public Engagement Guidelines, staff recommends that the Town utilize Strategy 3 – Involve, Consult and Collaborate as part of the public consultation
process. The objectives of Strategy 3 include:
To obtain public feedback on analysis, alternatives and/or decisions. To work directly with the public throughout the process to ensure that public concerns and aspirations
are consistently understood and considered. To partner with the public in each aspect
of the decision including the development of alternatives and the identification of the
preferred solution. Seeks to consult, involve or collaborate with the community and
key stakeholders.
The consultation plan would involve hosting a public open house including the Business
Improvement Association and its members. Property and business owners adjacent to the municipal parking lots would also be invited to attend the Open House. The feedback
obtained through this process would then be brought back to Council with a
recommendation.
FINANCIAL IMPACT/FUNDING SOURCE
There is no anticipated budget impact at this time. However, depending on the outcome of
the public engagement process and possible needs identified, additional studies may be
required. Any possible costs could be offset by land sale revenue as may be approved by Council.
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STAFF REPORT FINANCE
Title: PURCHASING POLICY
Report No.: FIN 15-44
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL BUDGET MEETING
Council/Committee Date: NOVEMBER 9, 2015
Attachments:
RECOMMENDATION
THAT Council receives report FIN 15 - 44 Purchasing Policy.
AND THAT Staff be directed to bring forward a By-Law for adoption.
EXECUTIVE SUMMARY
At the Council meeting of October 26, 2015, Council approved the following motion: THAT staff be directed to bring forth the Procurement Policy for review and comment to the next meeting of Council.
Accordingly, the following documents are attached:
• By-Law 3765, Purchasing Policy, approved by Council November 11, 2013.
• A revised draft purchasing policy for Council’s review and comment. This draft has
been reviewed by the Town’s lawyer, a third party consultant and senior
management. A number of the recommended changes are to streamline the policy
and put content in a procedures/bidders document. As well, best practices indicate that the Town’s thresholds should increase.
• A red-lined version of the proposed changes.
At the Council meeting of October 26, 2015, Council discussed how to better engage local
businesses in purchases. Council may recall that at the Council meeting of September 14,
2015, Council received a report on an e-bidding solution. As bidders sign up for e-bidding,
there is an automatic notification of bids that are relevant to their business area. This
solution, plus newspaper and website notifications are the preferred tools for communication with any potential bidders that may be interested in responding to a bid.
By practice, any buyer for the Town engages local businesses wherever appropriate, to
obtain the best value for the Town.
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CORPORATE STRATEGIC PLAN
Section 1 – Excellence in Local Government
1.3.1 Demonstrate accountability – Citizens are aware of ongoing initiatives and
appropriate contacts.
The Purchasing policy will provide citizens with key performance guidelines for this
initiative.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
PURCHASING POLICY
APPOVAL DATE:
REVISION DATE:
11/11/2013 Page 1 of 16
APPENDICES:
Appendix “A”- Process for Debriefings
Appendix “B” - Complaint Resolution
Appendix “C” – Bid Irregularities
TABLE OF CONTENTS
1.0 DEFINITIONS.................................................................................................................3
2.0 POLICY STATEMENT....................................................................................................5
3.0 ESTABLISHING PRICE RANGE....................................................................................6
4.0 ACCOUNTABILITY.........................................................................................................7
5.0 PRESCRIBED COUNCIL APPROVAL...........................................................................7
6.0 EXCEPTIONS.................................................................................................................7
7.0 NO LOBBYING…………………………………………………...………………...………...8
8.0 LOCAL OR GEOGRAPHICAL PREFERENCE…………………………………………...8
9.0 ACCESSIBILITY CRITERIA…..………………………………………..…………..…….…8
10.0 HEALTH AND SAFETY……………………………………………….………..……..….....8
11.0 CO-OPERATIVE PURCHASING…………………….…………………….……………....9
12.0 GREEN PROCUREMENT.............................................................................................9
13.0 DISPOSAL OF SURPLUS.............................................................................................9
14.0 TIE BIDS........................................................................................................................9
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15.0 CONSULTING SERVICES............................................................................................9
16.0 DEBRIEFINGS...............................................................................................................9
17.0 COMPLAINT RESOLUTION.........................................................................................10
18.0 RISK MANAGEMENT...................................................................................................10
19.0 DELEGATION OF AUTHORITY TO PURCHASE........................................................10
20.0 SITE MEETINGS...........................................................................................................10
21.0 BID DOCUMENT FEES................................................................................................10
22.0 OTHER..........................................................................................................................10
APPENDIX “A”...........................................................................................................................12
APPENDIX “B”...........................................................................................................................13
APPENDIX “C”...........................................................................................................................14
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BY-LAW No. 3765
OF THE
CORPORATION OF THE TOWN OF TILLSONBURG
A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS:
1.0 DEFINITIONS
In this By-Law:
a) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a
proposal;
b) “Buyer(s)” designated employee(s) responsible for the procurement of goods and
services for the Town of Tillsonburg; individual(s) responsible for ensuring that the purchasing by-law, policies and procedures are consistently applied in the Corporation
and who serves as a resource to Departments in support of the purchasing function.
c) “CAO” shall mean the Chief Administrative Officer of the Town of Tillsonburg; and
d) “Clerk” shall mean the Clerk of the Town of Tillsonburg appointed pursuant to then applicable governing municipal act, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-law;
e) "Contract" shall mean a written agreement authorized or ratified by the appropriate authority and executed by the appropriate authority;
f) “Department Manager” refers to the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within
the Town;
g) “Director” refers to the individual accountable for the operation of overall departments
within the Town;
h) "Emergency" shall mean a situation, or the threat of an impending situation, where
serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to
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prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level;
i) "Goods and Services" shall include all supplies, materials, equipment, furniture, fixtures, general maintenance and service construction contracts, construction
maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property;
j) “His” shall in all cases mean his or her and "he" shall in all cases mean he or she;
k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part of the purchasing procedure guidelines as approved by the CAO;
l) “Professional Services” include the services of architects, engineers, designers, surveyors, management and financial consultants, brokers, lawyers, planning
consultants, project managers and any other professional and consulting services required by the Town;
m) “Purchase” shall mean the acquisition of Goods and Services or any interest therein by purchase, lease, rental or otherwise;
n) "Quotation" shall mean a written request for vendor bids for the supply of goods or services, from selected sources of supply, not opened in public;
o) "Request for Proposal" shall mean a formal request for details on the supply of goods or the provision of services, which cannot be fully defined or specified at the time of
the request;
p) "Sole Source" shall mean there is only one known source of supply of particular goods
or services;
q) “Supplier” shall mean any company or organization that provides, or has the capacity
to provide, certain Goods and/or Services to the Town in accordance with the terms of this By-Law;
r) "Tender" shall mean a formal request for sealed Bid bids for the supply of Goods and Services in response to an advertised solicitation;
s) “Town” shall mean the Town of Tillsonburg;
t) "Vendor of Record" shall mean an approved vendor for a period not greater than three
years which establishes prices or a method for determining prices, terms and conditions and the period of time during which a vendor agrees to provide goods or
services to the purchaser upon the purchaser's demand.
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2.0 POLICY STATEMENT
2.1 Objectives
a) The objective of this procurement policy is to outline the policy for the municipality to ensure that all purchases of materials, supplies and services provide the best value
consistent with the required quality and service.
b) The guiding principle is that all procurement decisions will be made using a
competitive process that is open, transparent and equitable.
c) This procurement policy will promote and maintain the integrity of the purchasing process by providing clear direction and accountabilities for Council, vendors and staff
involved in this process.
2.2 Guidelines
a) No expenditure, purchase or commitment shall be incurred or made, and no account shall be paid by the Town for Goods and Services, except as provided in this By-Law
or otherwise approved by Council, provided that Council’s decisions shall be consistent with all applicable procurement laws, including the provisions of this By-
Law.
b) Council has the ultimate authority for all expenditures. Council delegates this authority
by the authorization of budgets or by specific resolution. Finance cannot pay for an item that has not been authorized by Council through budget appropriation or specific
resolution.
c) Prior to the approval of the current year’s business plan and budget, a department
may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and
projects.
d) No contract shall be entered into and no expenditure shall be authorized or incurred
unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds.
e) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and
Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. Approval is authorized
through the signature on the original invoice.
f) Where an unsolicited proposal is received by anyone within the Municipality, whether
elected or non-elected, the Town shall not be bound by any quotations or proposals.
g) This purchasing policy may be overridden by Council if Council, in its’ own discretion determines it to be appropriate and in the best interest of the Town.
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3.0 ESTABLISHING PRICE RANGE
Purchase prices shall be obtained as follows:
• Up to $1,000 – For purchases up to $1,000, comparison pricing must be completed by the assigned buyer(s).
• $1,000 to $5,000 - For any purchases, other than those covered by a vendor of record, when the yearly aggregate amount is between $1,000 to $5,000, the assigned
Buyer(s) making the purchase shall obtain quotations from more than one source using catalogues, suppliers' lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable.
• $5,000 to $25,000 - For all purchases, when the yearly aggregate amount is between
$5,000 and $25,000, a minimum of 3 written quotations must be obtained by the assigned Buyer. Single quotations are acceptable for approved sole source
purchases.
• Over $25,000 – By Tender or Request for Proposal.
The above prices shall be on a before-tax basis. Adherence to the above does not apply to an emergency, as per section 6(a).
QUICK GUIDE TO PURCHASING GUIDELINES
Purchasing
Mechanism
Aggregate Dollar Value
of Purchase
Advertising
Requirement
Requirements for
Submissions of Bids
Approval Authority
& Authority to Award
Small Order
Purchase Up to $1000 Not Applicable
Comparison pricing must be used. Utilize vendors of record wherever possible through a designated departmental purchaser
Department Manager
Price Quotes $1,000 – $5,000 As required by Manager
a) More than 1 price quotation obtained. May purchase directly from catalogues, suppliers' lists, online pricing or through negotiations.
b) Quotations recorded on
prescribed form.
Department Manager or Director approves; purchaser made through Buyers
Written
Quotation
$5,000 –
$25,000 As required by Director
a) Minimum 3 written quotations to be obtained.
b) Single quotations are
accepted for approved sole
source purchases.
a) Department Manager
b) Director or CAO
Tender,
Request for
Proposals or
Sole Source Purchases
$25,000 +
a) Coordinated Ad b) Town Website c) Other Buying Websites
a) Sealed Bid, closing on
date and time specified
b) Sole source report to Council
Council
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4.0 ACCOUNTABILITY
The CAO shall maintain accountability on behalf of Council during the procurement process.
Informal contact with staff or Council members not specified as official contacts in the Bid/Request for Proposal documents shall be considered unethical and may threaten the
validity of that suppliers’ bid or even the process as a whole.
No purchase of Goods and Services shall be made by the Town and paid for by the Town for
the personal use of elected or appointed officials or employees of the Town unless the purchase has been approved by the Chief Administrative Officer of the Town.
No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully
disclosed and the purchase has been approved by the Chief Administrative Officer of the Town.
5.0 PRESCRIBED COUNCIL APPROVAL
5.1 The following contract awards shall be subject to Council approval:
5.1.1 any contract prescribed by statute to be made by Council;
5.1.2 any contract that requires debt financing;
5.1.3 any contract where this by-law is being waived;
5.1.4 any contract where Council has expressly directed staff to report prior to an
award;
5.1.5 any contract where authority to approve has not been expressly delegated;
5.1.6 any contract where a submission in response to a call for bid contains an irregularity not resolved by Appendix “C” of this by-law and which was not able
to be otherwise resolved by the Director of Finance; or,
5.1.7 any contract for a single or sole source purchase;
5.1.8 any contract for a tender or request for proposal as required under this policy.
5.2 Council may waive, by resolution, the application of any part of this by-law in respect
of any given procurement.
6.0 EXCEPTIONS
6.1 When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or
Department Manager, constitutes immediate danger to health, safety, life or property,
or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required
goods or services upon consultation with the Director or CAO. A follow-up report to Council is required for all Emergency Purchases over $5,000.
6.2 The Tendering, RFP or purchasing process may not be required where the goods or services are proprietary to one vendor, where there is only one supplier that can meet
the Town’s needs within a reasonable distance or where the cost of changing
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suppliers for a product or service already in place is deemed to be exorbitant. Upon staff recommendations, Council shall, in its’ sole discretion, determine whether a Bid,
RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution.
6.3 Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal purchasing procedures detailed herein;
i) Petty cash items
ii) Training and education including conferences, courses and seminars
iii) Mileage, travel and accommodations
iv) Payroll related expenses
v) Utilities
vi) Licensing, maintenance and software support for prior purchases;
vii) Professional services including;
a) legal costs for general issues
b) planning consultant for general issues
c) engineering consultants for general issues
7.0 NO LOBBYING
No bidder shall contact any member of Council or any Town staff in an attempt to influence the award of a contract.
If a bidder contacts any member of Council or any Town staff in an attempt to influence the award of a contract, the bidder shall be disqualified.
8.0 LOCAL OR GEOGRAPHICAL PREFERENCE
The Town shall comply with the Discriminatory Business Practices Act, R.S.O. 1990, c. D.12,
as amended.
9.0 ACCESSIBILITY CRITERIA
Accessibility criteria and features shall be incorporated when procuring goods, services and/or
facilities in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).
10.0 HEALTH AND SAFETY
The Town of Tillsonburg is committed to the Health and Safety of their employees,
contractors, visitors and the general public. This includes a commitment to Health and Safety
in the procurement process. All purchases must meet Health and Safety regulatory compliance. For equipment, vehicles, tools and chemical purchases, a Health and Safety
Committee Representative should be involved in the procurement process.
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11.0 CO-OPERATIVE PURCHASING
The Town of Tillsonburg may participate with other government agencies or public authorities
in Co-Operative Purchasing to select a vendor of record where it is in the best interest of the Town to do so. The policies of the government agencies or public authorities calling the Co-
operative Bid are to be the accepted policy of that particular Bid.
12.0 GREEN PROCUREMENT
When acquiring goods and services for the municipality, municipal staff shall consider
whether it is feasible to incorporate environmental considerations into solicitations for goods and services. The Buyer(s) shall take into account best purchasing practices for responsible
environmental procurement, and shall bring same to the attention of operating departments wherever the same are applicable.
13.0 DISPOSAL OF SURPLUS
Where any goods or personal property of the Town are declared surplus and cannot be used
by another Town department, they shall be disposed of by public Bid or public auction. If no bids are received, the Departmental Manager or Buyer(s) may dispose of the goods or
personal property as deemed to be in the best interest of the Town. This Section shall not apply to goods or equipment traded in on new equipment or returned for credit to original
sources of supply.
14.0 TIE BIDS
In the event that two (2) or more compliant, equal bids are submitted during a competitive bid
process, the Town shall determine the successful bidder by drawing a bidder’s name, as determined by the CAO.
15.0 CONSULTING SERVICES
Consulting services over twenty-five thousand dollars ($25,000) shall be procured by RFP,
unless otherwise directed by Council.
Consultants may be hired in, but not limited to, any of the following circumstances:
15.1 the project requires specialized knowledge, skills, expertise, experience or available resources that the Town does not possess in-house;
15.2 another organization is partially or wholly funding the project and strict timelines have been placed on the funding; or,
15.3 the nature of the project is such that it would not be in the public or Town’s interest to perform it in-house.
Under this section, all consultant proposals shall include, at a minimum, a fee schedule, a methodology and timetable to complete the project, demonstrated experience and
qualifications required to perform the project and a list of personnel who will be directly involved in the completion of the project.
16.0 DEBRIEFINGS
16.1 Any unsuccessful Supplier may request an opportunity to be debriefed by the Town on the reasons for not being awarded a particular contract, in accordance with the procedure set out
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in the attached Appendix A, provided that such a request shall not have the effect of delaying the Town’s commitment to proceed with the successful Supplier.
16.2 As a prerequisite to protesting an award of a contract made in favour of another Supplier (in accordance with the procedures set out in the Complaint Resolution section), an unsuccessful
Supplier shall request an opportunity to be debriefed by the Town, and shall not proceed under “Section 17.0” of this by-lay until such time as the Supplier has been debriefed by the Town.
17.0 COMPLAINT RESOLUTION
Where an unsuccessful Supplier chooses to protest an award of a contract made in favour of another Supplier, refer to Appendix B.
18.0 RISK MANAGEMENT
Service suppliers will be required to provide proof of insurance along with a WSIB clearance certificate (or municipal waiver, if applicable) for all contracts. Insurance is required for each
of general liability, automobile liability and/or homeowners (for rental of facilities) and will be defined in the procurement documents and must be adhered to throughout the term of the
contract. The level of insurance will ultimately be arrived at depending on the associated risks of the project as assessed by the Director or Fire Chief. The policy must contain a cross
liability clause or endorsement, an endorsement certifying that the Town of Tillsonburg as
additional insured and an endorsement to the effect that the policy or policies will not be altered cancelled or allowed to lapse without thirty days prior written notice to the Town of
Tillsonburg.
Professional liability and errors and omissions insurance shall be maintained by a successful
consulting firm.
Performance bonds may be required and will be disclosed during the procurement process.
These bonds will be held by the Town until end-of-contract indicators are in place (final clearance certificates are issued) at which time they will be released.
19.0 DELEGATION OF AUTHORITY TO PURCHASE
The authority to purchase Goods and Services may be delegated or assigned to a local Board, for example, Tillsonburg Hydro Inc., following the dollar thresholds as set out in this
Policy.
20.0 SITE MEETINGS
Some Bid Requests may require a mandatory site meeting to be eligible to submit a bid. This will be clearly stated on all Bid Documentation pertaining to the request.
21.0 BID DOCUMENT FEES
Some bid requests may require a Bid Document Fee in the amount of $0 - $75 to cover the cost of producing the specifications and drawings. This will be stated in the Bid Request
advertisement.
22.0 OTHER
Where any other By-law exists which is in conflict with a provision of this Policy, the provision
of this Policy shall be deemed to apply.
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This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment.
_______________________________ MAYOR
_______________________________
CLERK
_______________________________
DATED
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APPENDIX “A”
PROCESS FOR DEBRIEFINGS
Pursuant to section 16.1 of this By-Law, the following procedure shall apply to the conduct of Supplier
debriefings by the Town.
A. TIMING
1) Request for a Debriefing
A request for a debriefing should be made by an unsuccessful Supplier within 30 calendar days of being notified by the Town of contract award.
2) Provision of a Debriefing
Debriefing shall occur only after a contract is awarded, within 15 days of the date on which the unsuccessful Supplier’s request is received in writing by the Town.
B. LOCATION AND FORMAT
1) Debriefing is to be conducted either by handwritten letter, by telephone conversation, or by face-to-face meeting.
2) Face-to-face debriefing sessions shall be held at the Town’s premises.
C. CONTENT
1) Unsuccessful Suppliers shall not use the debriefing to change the decision of the Town or otherwise reopen the award procedure.
2) Only submissions made by the unsuccessful Supplier shall be discussed at a debriefing.
3) Debriefing shall be chaired by the Department Manager or Director.
4) Debriefing shall not be delegated to individuals with the unsuccessful Supplier who do not have the necessary experience or sensitivity to carry out the interview successfully.
5) Where possible, each debriefing session shall last no longer than 1 hour.
6) Only references to the assessment of the evaluation criteria listed in the unsuccessful
Supplier’s proposal shall be made.
7) The Town shall explain where the unsuccessful Supplier’s proposal ranked in the final
scoring, but not in relation to other specific proposals.
8) The Town shall note the strengths of the unsuccessful Supplier’s proposal and highlight
where the proposal scored well.
9) Where appropriate, the Town shall provide advice on how the unsuccessful Supplier can
improve its scoring in future submissions.
10) If the debriefing is conducted by telephone conversation, the Town shall send a follow-up
letter confirming that the Supplier’s questions were answered.
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APPENDIX “B”
PROCESS FOR COMPLAINT RESOLUTION
Pursuant to section 17.0 of this By-Law, the following procedure shall apply to the conduct of
Complaint Resolutions by the Town of Tillsonburg.
1.0 An unsuccessful Supplier shall request a meeting with the Department Manager and the
Director. Such request will be in writing and shall (i) provide a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents, and (ii) identify the
form of relief requested.
2.0 Where, after a meeting with the Department Manager and the Director, the Supplier is satisfied that its concerns have been addressed and that the purchasing process was
conducted in a fair and equitable manner, no further action shall be required. Documentation in respect of the protest in question shall be maintained by the Buyer(s) for future reference.
3.0 Where, after a meeting between the Supplier, the Department Manager and the Director, it is concluded that the purchasing process was materially flawed, for any reason, the Director
shall issue a report to the Chief Administration Officer for his approval recommending corrective action.
4.0 Where, after a meeting between the Supplier, the Department Manager and the Director, the parties fail to achieve a mutually satisfactory resolution, the Supplier may request an
opportunity to present its case to the Chief Administration Officer, provided that the supplier’s request is in writing.
5.0 In the event of a dispute arising in connection with this bid process that cannot be resolved
with the above “complaint resolution process” including, without limitation, a dispute concerning the existing of the “bid contract” or a breach of the “bid contract”, or a dispute
as to whether the bid of any bidder was submitted on time or whether a bid is compliant, the Town may refer the dispute to a confidential binding arbitration pursuant to the
Arbitration Act, 1991, as amended, before a single arbitrator with knowledge of procurement/bidding law. In the event that the Town refers the dispute to arbitration, the
bidder agrees that it is bound to arbitrate such dispute with the Town. Unless the Town shall refer such dispute to binding arbitration, there shall be no arbitration of such dispute.
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APPENDIX “C”
CHART OF BID IRREGULARITIES OR NON-COMPLIANCE
Notes:
• The following list of irregularities should not be considered exhaustive.
• This chart of bid irregularities shall apply only where an irregularity exists with respect
to a stated requirement of a relevant competitive bid document (e.g. a Request for Tender (RFT) or Request for Proposal (RFP)
• Where notice of a specified time period to correct an irregularity has been given, and
that time period has elapsed without the correction having been made, the bidder shall be deemed to be in default and, where applicable, the bid deposit shall be
forfeited. The bid shall be given no further consideration for award.
ITEM IRREGULARITY RESPONSE
GENERAL
1. Bidder, at the time of submission, is not
registered to carry on business in Ontario
Rejection.
2. Late submissions.
Rejection. The submission will not be opened. Submission to be returned to bidder.
Should it not be clear as to the bidder’s name and address then the package will be opened
solely to access this information.
3. Unsealed submission package. Rejection.
4. Bidder has not been previously qualified under a related pre-qualification process, where
applicable.
Rejection.
5. Failure to have a representative in attendance and registered at a mandatory attendance
site/information meeting.
Rejection.
6. Submission not completed in a non-erasable medium or signed in ink. Rejection.
7.
Failure to include the Form of Tender, Quotation,
Proposal or Pre-Qualification, as may be
applicable.
Rejection.
8. Omission of a detail indicated to be mandatory. Rejection.
9. Forms that compose the submission
documents are not completed in their entirety.
Rejection unless, in the opinion of the Director of Finance, the missing information is
minor and would not adversely affect an award decision.
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ITEM IRREGULARITY RESPONSE
10. Conditional bids (bids qualified, based on a bidder’s condition or restricted by an appended
statement).
Rejection unless, in the opinion of the Director of Finance, the qualification or
restriction is minor and would not adversely affect an award decision.
11.
Bids containing clerical errors that do not result in any ambiguity with respect to the overall
submission or award decision, in the opinion of the Director of Finance.
Two (2) business days to correct and initial.
12. Un-initialed changes to the submission.
Two (2) business days to initial changes. The
Town reserves the right to waive the initialing requirement and accept the submission as
corrected.
13. Signature missing. Rejection.
14. Failure to include required supplementary copies of the original at time of submission. Two business days to submit.
15. Failure to acknowledge addenda. Rejection.
16.
When contact is made with any person at the
Town other than the individuals outlined in the Bidder’s Instructions.
Rejection
17. Any irregularity or non-compliance.
Despite the provisions herein contained,
Council may waive any irregularity or non-compliance.
PRICING
18.
Failure to include the schedule(s) of items &
prices, price form or price details, as may be applicable, for inclusion with the submission.
Rejection.
19.
Pricing appears to be unbalanced to the extent
that it may have a significant adverse effect to the Town if awarded, in the opinion of the Director of
Finance.
Rejection.
BID DEPOSIT
20. Bid deposit or Bid Bond not submitted with bid. Rejection.
20. Bid deposit or Bid Bond amount is insufficient by more than $1.00. Rejection.
21. Surety provider’s or Bidder’s authorized
signature missing from Bid Bond.
Rejection.
22. Effective period of Bid Bond is less than the period set out in the bid documents. Rejection.
AGREEMENT TO BOND
23. Agreement to bond not submitted with bid. Rejection.
24. Agreement to bond not in the form specified. Rejection.
25. Agreement to bond amount is insufficient by
more than $1.00.
Rejection.
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ITEM IRREGULARITY RESPONSE
26. Surety provider’s or bidder’s authorized signature missing from agreement to bond. Rejection.
POST AWARD NOTIFICATION
27. Failure to execute required bonding or financial
security within the prescribed time period.
Rejection and bid deposit forfeiture.
28. Failure to execute a contract within the prescribed period.
Rejection and bid deposit forfeiture.
29.
Failure to provide supporting documents, as
specified within the bid document and within the prescribed period.
Rejection and bid deposit forfeiture.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
PURCHASING POLICY
APPOVAL DATE:
REVISION DATE:
10/28/15 Page 1 of 8
APPENDICES:
TABLE OF CONTENTS
1.0 DEFINITIONS.................................................................................................................2
2.0 POLICY STATEMENT....................................................................................................4
3.0 ESTABLISHING PRICE RANGE....................................................................................4
4.0 ACCOUNTABILITY.........................................................................................................5
5.0 PRESCRIBED COUNCIL APPROVAL...........................................................................6
6.0 EXCEPTIONS.................................................................................................................6
7.0 NO LOBBYING…………………………………………………...………………...………...7
8.0 HEALTH AND SAFETY………………………………………….........................................7
9.0 CO-OPERATIVE PURCHASING…..…………………………………………..…..…….…7
10.0 DISPOSAL OF SURPLUS……………………………………………….……..……..….....7
11.0 TIE BIDS…………………….…………………….……………............................................7
12.0 DELEGATON OF AUTHORITY TO PURCHASE............................................................7
13.0 OTHER..............................................................................................................................7
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BY-LAW No.
OF THE
CORPORATION OF THE TOWN OF TILLSONBURG
A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS:
1.0 DEFINITIONS
In this By-Law:
a) “Agent” shall mean the Treasurer or designate who has the sole authority to authorize,
save and except the Mayor and Clerk, to execute contract documents on behalf of the Town;
b) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal;
c) “Buyer” shall mean the employee responsible for the procurement of goods and services for the Town; individual responsible for ensuring that the purchasing by-law,
policies and procedures are consistently applied in the departments, and who serves as a resource to Departments in support of the purchasing function;
d) “CAO” shall mean the Chief Administrative Officer of the Town of Tillsonburg; and
e) “Clerk” shall mean the Clerk of the Town appointed pursuant to the Municipal Act 2001, as amended, or in her absence, the Deputy-Clerk or such other person
designated by the Council by resolution for the purposes of this By-Law;
f) “Department Manager” shall mean the individual or designate who is accountable for
the budget and responsible for the operations of any single department or division within the Town;
g) “Director” shall mean the individual accountable for the operation of overall departments within the Town;
h) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause
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damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential
service to a minimum level;
i) "Goods and Services" shall include all supplies, materials, equipment, furniture,
fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property;
j) “His” shall in all cases mean his or her and "he" shall in all cases mean he or she;
k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part
of the purchasing procedure guidelines as approved by the CAO;
l) “Professional Services” shall mean the services of architects, engineers, designers,
surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services
required by the Town;
m) “Purchase” shall mean the acquisition of Goods and Services or any interest therein
by purchase, lease, rental or otherwise;
n) "Quotation" shall mean a written request for vendor bids for the supply of goods or
services, from selected sources of supply, not opened in public;
o) "Request for Proposal" shall mean a formal request for details on the supply of goods
or the provision of services, which cannot be fully defined or specified at the time of the request;
p) “Supplier” shall mean any company or organization that provides, or has the capacity to provide, certain Goods or Services to the Town in accordance with the terms of this
By-Law;
q) "Tender" shall mean a formal request for sealed Bids for the supply of Goods and
Services in response to an advertised solicitation;
r) “Town” shall mean The Corporation of the Town of Tillsonburg;
s) "Vendor of Record" shall mean an approved vendor.
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2.0 POLICY STATEMENT
2.1 Objectives
The objective of the policy is to ensure:
a) best value is achieved consistent with the required quality and service; b) integrity in the purchasing process; c) openness, accountability and transparency and fair treatment of all bidders.
2.2 Guidelines
a) No Purchase shall be made except as provided in this By-Law.
b) No Purchase shall be split so as to avoid the purchasing process as outlined within this By-Law.
c) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution.
d) Prior to the approval of the current year’s business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This
shall include the payment of expenditures on previously approved capital items and projects.
e) No contract shall be entered into and no expenditure shall be authorized unless Council has provided funds for such purpose in the annual budget or agreed to the
provision of such funds.
f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and
Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department.
g) This purchasing policy may be overridden by Council if Council, in its own discretion determines it to be appropriate and in the best interest of the Town.
h) The Director of Finance shall maintain written procurement procedures and procurement shall adhere to those procedures.
3.0 ESTABLISHING PRICE RANGE
Purchase prices shall be obtained as follows:
• Up to $2,500 – For purchases up to $2,500, comparison pricing must be completed by
the assigned Buyer.
• $2,500 to $10,000 - For any purchases, other than those covered by a vendor of record, when the amount is between $2,500 to $10,000, the assigned Buyer making
the purchase shall obtain quotations from more than one source using catalogues, suppliers' lists, online pricing or through negotiations, upon assuring themselves that
all prices offered are fair and equitable.
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• $10,000 to $35,000 - For all purchases between $10,000 and $35,000, a minimum of
3 written quotations must be obtained by the assigned Buyer.
• Over $35,000 – By Tender or Request for Proposal.
The above prices shall be on a before-tax basis. Adherence to the above does not apply to
circumstances addressed in section 6.
QUICK GUIDE TO PURCHASING GUIDELINES
Purchasing Mechanism Dollar Value of Purchase Approval Authority & Authority to Award
Small Order Purchase Up to $2,500 Department Manager
Price Quotes $2,500 – $10,000
Department Manager or
Director approves;
purchaser made through
Departmental Buyer
Written Quotation
$10,000 –
$35,000
Department Manager
Director or CAO
Tender, Request for Proposals or Sole Source Purchases
$35,000 + Council
4.0 ACCOUNTABILITY
a) The CAO shall maintain accountability to Council during the procurement process.
b) No purchase of Goods and Services shall be made by the Town for the personal use of elected or appointed officials or employees of the Town.
c) No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the CAO.
d) The Agent oversees the Town’s purchasing process and compliance thereof. Only the Agent, Mayor or Clerk has the authority to execute contract documents on behalf of
the Town.
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5.0 PRESCRIBED COUNCIL APPROVAL
The following Purchases shall be subject to Council approval:
a) any contract prescribed by statute to be made by Council;
b) any contract that requires debt financing;
c) any contract where this By-Law is being waived;
d) any contract where Council has expressly directed staff to report prior to an award;
e) any contract where a submission in response to a call for Bid contains an irregularity that cannot be resolved by terms of the Bid; or,
f) any contract for a Purchase made in accordance with section 6.0 (b);
g) any contract for a tender or request for proposal as required under this policy.
Council may waive, by resolution, the application of any part of this By-Law in respect of any given procurement.
6.0 EXCEPTIONS
a) When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property,
or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required
Goods or Services upon consultation with the Director or CAO. A follow-up report to
Council is required for all Emergency Purchases over $5,000.
b) The Tendering, RFP or purchasing process may not be required where the Goods or
Services are proprietary to one vendor, where there is only one supplier that can meet the Town’s needs within a reasonable distance or where the cost of changing
suppliers for a product or service already in place is deemed to be exorbitant by the CAO. Upon written staff recommendations, Council shall, in its’ sole discretion
determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution.
c) Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal
purchasing procedures detailed herein;
i) Petty cash items
ii) Training and education including conferences, courses and seminars
iii) Mileage, travel and accommodations
iv) Payroll related expenses
v) Utilities, postage, bank charges
vi) Licensing, maintenance and software support for prior purchases;
vii) Professional Services.
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7.0 NO LOBBYING
No bidder shall contact any member of Council or any Town staff in an attempt to influence
the award of a contract.
If a bidder contacts any member of Council or any Town staff in an attempt to influence the
award of a contract, the bidder may be disqualified at the discretion of the CAO.
8.0 HEALTH AND SAFETY
The Town is committed to the health and safety of their employees, contractors, visitors and
the general public. This includes a commitment to Health and Safety in the procurement process.
9.0 CO-OPERATIVE PURCHASING
The Town may participate with other government agencies or public authorities in co-
operative purchasing. The policies of the government agencies or public authorities calling the Co-operative Bid are to be the accepted policy of that particular Bid.
10.0 DISPOSAL OF SURPLUS
Where any goods or personal property of the Town are declared surplus, cannot be used by another Town department, and have a residual value greater than $1,000, the goods shall be
disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager or Buyer may dispose of the goods or personal property as deemed to be in the best interest
of the Town. This section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply.
11.0 TIE BIDS
In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid process, the Town shall determine the successful bidder by drawing a bidder’s name, as determined by the CAO.
12.0 DELEGATION OF AUTHORITY TO PURCHASE
The authority to purchase Goods and Services may be delegated or assigned to a local Board following the dollar thresholds as set out in this Policy.
13.0 OTHER
Where any other By-Law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply.
This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment.
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READ A FIRST AND SECOND TIME THIS DAY OF , 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF , 2015.
_______________________________ MAYOR – Stephen Molnar
_______________________________
CLERK - Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
PURCHASING POLICY
APPOVAL DATE:
REVISION DATE:
10/28/2015 Page 1 of 8
APPENDICES:
TABLE OF CONTENTS
1.0 DEFINITIONS.................................................................................................................2
2.0 POLICY STATEMENT....................................................................................................4
3.0 ESTABLISHING PRICE RANGE....................................................................................4
4.0 ACCOUNTABILITY.........................................................................................................5
5.0 PRESCRIBED COUNCIL APPROVAL...........................................................................6
6.0 EXCEPTIONS.................................................................................................................6
7.0 NO LOBBYING…………………………………………………...………………...………..7
8.0 HEALTH AND SAFETY…………………………………………...7
9.0 CO-OPERATIVE PURCHASING…..………………………………………..…………..…….…7
10.0 DISPOSAL OF SURPLUS……………………………………………….………..……..….....7
11.0 TIE BIDS…………………….…………………….……………7
12.0 DELEGATON OF AUTHORITY TO
PURCHASE.............................................................................................7
13.0 OTHER.............................................................................................7
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BY-LAW No.
OF THE
CORPORATION OF THE TOWN OF TILLSONBURG
A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS:
1.0 DEFINITIONS
In this By-Law:
a) “Agent” shall mean the Treasurer or designate who has the sole authority to authorize,
save and except the Mayor and Clerk, to execute contract documents on behalf of the Town;
b) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal;
c) “Buyer” shall mean the employee responsible for the procurement of goods and services for the Town; individual responsible for ensuring that the purchasing by-law,
policies and procedures are consistently applied in the departments, and who serves as a resource to Departments in support of the purchasing function;
d) “CAO” shall mean the Chief Administrative Officer of the Town of Tillsonburg; and
e) “Clerk” shall mean the Clerk of the Town appointed pursuant to theMunicipal Act, 2001, as amended, or in her absence, the Deputy-Clerk or such other person
designated by the Council by resolution for the purposes of this By-Law;
f) “Department Manager” shall mean the individual or designate who is accountable for
the budget and responsible for the operations of any single department or division within the Town;
g) “Director” shall mean the individual accountable for the operation of overall departments within the Town;
h) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause
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damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential
service to a minimum level;
i) "Goods and Services" shall include all supplies, materials, equipment, furniture,
fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property;
j) “His” shall in all cases mean his or her and "he" shall in all cases mean he or she;
k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part
of the purchasing procedure guidelines as approved by the CAO;
l) “Professional Services” shall mean the services of architects, engineers, designers,
surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services
required by the Town;
m) “Purchase” shall mean the acquisition of Goods and Services or any interest therein
by purchase, lease, rental or otherwise;
n) "Quotation" shall mean a written request for vendor bids for the supply of goods or
services, from selected sources of supply, not opened in public;
o) "Request for Proposal" shall mean a formal request for details on the supply of goods
or the provision of services, which cannot be fully defined or specified at the time of the request;
p) “Supplier” shall mean any company or organization that provides, or has the capacity to provide, certain Goods or Services to the Town in accordance with the terms of this
By-Law;
q) "Tender" shall mean a formal request for sealed Bids for the supply of Goods and
Services in response to an advertised solicitation;
r) “Town” shall mean The Corporation of the Town of Tillsonburg;
s) "Vendor of Record" shall mean an approved vendor.
2.0 POLICY STATEMENT
2.1 Objectives
The objective of the policy is to ensure:
a) best value is achieved consistent with the required quality and service;
.
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b) integrity in the purchasing process;
c) openness, accountability and transparency and fair treatment of all bidders.
2.2 Guidelines
a) No Purchase shall be madeexcept as provided in this By-Law.
b) No Purchase shall be split so as to avoid the purchasing process as outlined within this By-Law.
c) Council has the ultimate authority for all expenditures. Council delegates this authority
by the authorization of budgets or by specific resolution.
d) Prior to the approval of the current year’s business plan and budget, a department
may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and
projects.
e) No contract shall be entered into and no expenditure shall be authorized unless
Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds.
f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and
Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. ) g) This purchasing
policy may be overridden by Council if Council, in its own discretion determines it to be appropriate and in the best interest of the Town.
h) The Director of Finance shall maintain written procurement procedures and procurement shall adhere to those procedures.
3.0 ESTABLISHING PRICE RANGE
Purchase prices shall be obtained as follows:
• Up to $2,500 – For purchases up to $2,500, comparison pricing must be completed by the assigned Buyer.
• $2,500 to $10,000 - For any purchases, other than those covered by a vendor of
record, when the amount is between $2,500 to $10,000, the assigned Buyer making the purchase shall obtain quotations from more than one source using catalogues,
suppliers' lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable.
• $10,000 to $35,000 - For all purchases between $10,000 and $35,000, a minimum of
3 written quotations must be obtained by the assigned Buyer. Over $35,000 – By
Tender or Request for Proposal.
The above prices shall be on a before-tax basis. Adherence to the above does not apply to
circumstances addressed in section 6.
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QUICK GUIDE TO PURCHASING GUIDELINES
Purchasing Mechanism Dollar Value of Purchase Approval Authority & Authority to Award
Small Order Purchase Up to $2,500
Department Manager
Price Quotes $2,500 – $10,000
Department Manager or
Director approves;
purchaser made through Departmental Buyer
Written
Quotation
$10,000 –
$35,000
Department Manager
Director or CAO
Tender, Request for Proposals or Sole Source
Purchases
$35,000 + Council
4.0 ACCOUNTABILITY
a) The CAO shall maintain accountability to Council during the procurement process.
b) No purchase of Goods and Services shall be made by the Town for the personal use
of elected or appointed officials or employees of the Town. c) No Goods and Services shall be purchased from an employee of the Town, or from any associate of
such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the CAO.
d) The Agent oversees the Town’s purchasing process and compliance thereof. Only the Agent, Mayor or Clerk have the authority to execute contract documents on behalf of
the Town.
5.0 PRESCRIBED COUNCIL APPROVAL
The following Purchases shall be subject to Council approval:
a)any contract prescribed by statute to be made by Council;
b)any contract that requires debt financing;
c)any contract where this By-Law is being waived;
d)any contract where Council has expressly directed staff to report prior to an award;
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171
e)any contract where a submission in response to a call for Bid contains an irregularity that cannot be resolved by the terms of the Bid; or,
f)any contract for a Purchase made in accordance with section 6.0 (b);
g)any contract for a tender or request for proposal as required under this policy.
Council may waive, by resolution, the application of any part of this By-Law in respect of any given procurement.
6.0 EXCEPTIONS
a)When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or
Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department
Manager or his/her designate may purchase through sole sources, such required Goods or Services upon consultation with the Director or CAO. A follow-up report to
Council is required for all Emergency Purchases over $5,000.
b)The Tendering, RFP or purchasing process may not be required where the Goods or
Services are proprietary to one vendor, where there is only one supplier that can meet the Town’s needs within a reasonable distance or where the cost of changing
suppliers for a product or service already in place is deemed to be exorbitant by the CAO. Upon written staff recommendations, Council shall, in its’ sole discretion
determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution.
c)Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal
purchasing procedures detailed herein;
i) Petty cash items
ii) Training and education including conferences, courses and seminars
iii) Mileage, travel and accommodations
iv) Payroll related expenses
v) Utilities, postage, bank charges
vi) Licensing, maintenance and software support for prior purchases;
vii) Professional Services.
7.0 NO LOBBYING
No bidder shall contact any member of Council or any Town staff in an attempt to influence
the award of a contract.
If a bidder contacts any member of Council or any Town staff in an attempt to influence the
award of a contract, the bidder may be disqualified at the discretion of the CAO.
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8.0 HEALTH AND SAFETY
The Town is committed to the health and safety of their employees, contractors, visitors and
the general public. This includes a commitment to Health and Safety in the procurement process.
9.0 CO-OPERATIVE PURCHASING
The Town may participate with other government agencies or public authorities in co-operative purchasing. The policies of the government agencies or public authorities calling the
Co-operative Bid are to be the accepted policy of that particular Bid.
10.0 DISPOSAL OF SURPLUS
Where any goods or personal property of the Town are declared surplus,cannot be used by another Town department, and have a residual value greater than $1,000, the goods shall be
disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager or Buyer may dispose of the goods or personal property as deemed to be in the best interest
of the Town. This section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply.
11.0 TIE BIDS
In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid process, the Town shall determine the successful bidder by drawing a bidder’s name, as
determined by the CAO.
12.0 DELEGATION OF AUTHORITY TO PURCHASE
The authority to purchase Goods and Services may be delegated or assigned to a local Board
following the dollar thresholds as set out in this Policy.
13.0 OTHER
Where any other By-Law exists which is in conflict with a provision of this Policy, the provision
of this Policy shall be deemed to apply.
This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the
date of its enactment.
_______________________________ MAYOR
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_______________________________ CLERK
_______________________________
DATED
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STAFF REPORT FINANCE
Title: IT WORK PLAN UPDATE
Report No.: FIN 15-43
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL BUDGET MEETING
Council/Committee Date: NOVEMBER 9, 2015
Attachments:
RECOMMENDATION
THAT Council receives report FIN 15 - 43 IT Work Plan Update as information.
EXECUTIVE SUMMARY
To provide a status report on the IT work plan to Council.
- ThinnkDocs, Cambridge Solutions and IT completed the migration of Domino Docs
to Laserfiche. IT and staff worked with ThinkDocs and Cambridge Solutions to
convert the Domino Docs repository (bylaws, agendas etc.) to Laserfiche.
- IT staff installed a MS Licensing server.
- IT staff completed a deployment plan for MS Office 2010.
- MS office deployment completed.
– New print server installed.
- Tillsonburg Clerk and staff working on the security groups needed to secure the
Laserfiche installation.
- Tillsonburg Fire Department- new server installed for the implementation of E911.
IT will make the Fire Department location survivable in the event of an emergency
by creating a sub domain. This will ensure that staff has access to their files and
programs in the event of a network outage caused by an emergency (weather,
power etc.).
- Completed the migration of Lotus notes to Microsoft Exchange.
- New Blackberries rolled out.
- Upgraded key Town systems: Class; and Great Plains.
- IT supported the installation of new budget software.
1
CAO
176
In accordance with the attached 2014 Deloitte IT Strategic Review, with the network,
servers, end users, and major applications upgraded in 2015, this completes the IT 2015
work plan. IT is on track with the Deloitte 5 year roadmap. In 2016, IT will support the
business areas in developing business continuity plans. However, business continuity plans is a significant Town project and resources may be required in 2017.
2
CAO
177
STAFF REPORT
OPERATION SERVICES
Report Title: BALDWIN PLACE PHASE 9B – PRE-SERVICING AGREEMENT
Report No.: OPS 15-36
Author: Jeff Molenhuis, P.Eng., Manager of Engineering
Meeting Type: COUNCIL MEETING
Council Date: NOVEMBER 9, 2015
Attachments: BALDWIN PLACE PHASE 9B PRE-SERVICING AGREEMENT WITH TILLSONBURG DEVELOPMENTS INC.
RECOMMENDATION:
THAT Council receive Report OPS 15-36 Baldwin Place Phase 9B Subdivision Pre-Servicing Agreement;
AND THAT a By-law authorizing Mayor and Clerk to enter into the Pre-Servicing
Agreement between the Town and Tillsonburg Developments Inc. be brought forward for Council consideration.
SUMMARY
The purpose of the Pre-Servicing Agreement is:
1) To allow the Developer to proceed with installation of municipal services with reduced
performance security in advance of finalizing the Subdivision Agreement that requires
full performance security;
2) To protect Town interests through proper insurance documentation and by retaining security to address site safety, if necessary; and
3) Documents that the Developer specifically acknowledges and agrees to enter into a
Subdivision Agreement with the Town and County
The Developer recognizes that by entering into a Pre-Servicing Agreement that the Town will
not issue any Building Permits relative to the lands until a Subdivision Agreement has been
entered into and all conditions thereof complied with.
The installation of the pre-servicing works and all activity related thereto is entirely at the risk, expense, and cost of the Developer without any claim or recourse whatsoever against the
Town or County.
178
The Developer has provided and satisfied the following conditions necessary in order to execute the attached Pre-Servicing Agreement including:
• Deposit of the required Restoration Security
• Certificate of Insurance has been provided
• MOECC Form 1 approval for the water distribution system has been received
• MOECC ECA approval for the storm and sanitary sewers has been received
It is expected that the Developer will be working towards finalizing the Amending Subdivision
Agreement for Phase 9B in early 2016.
FINANCIAL IMPACT/FUNDING SOURCE
There is not financial impact to the Town at this time.
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179
STAFF REPORT
OPERATION SERVICES
Report Title: BALDWIN PLACE PHASE 9B – PRE-SERVICING AGREEMENT
Report No.: OPS 15-36
Author: Jeff Molenhuis, P.Eng., Manager of Engineering
Meeting Type: COUNCIL MEETING
Council Date: NOVEMBER 9, 2015
Attachments: BALDWIN PLACE PHASE 9B PRE-SERVICING AGREEMENT WITH TILLSONBURG DEVELOPMENTS INC.
RECOMMENDATION:
THAT Council receive Report OPS 15-36 Baldwin Place Phase 9B Subdivision Pre-Servicing Agreement;
AND THAT a By-law authorizing Mayor and Clerk to enter into the Pre-Servicing
Agreement between the Town and Tillsonburg Developments Inc. be brought forward for Council consideration.
SUMMARY
The purpose of the Pre-Servicing Agreement is:
1) To allow the Developer to proceed with installation of municipal services with reduced
performance security in advance of finalizing the Subdivision Agreement that requires
full performance security;
2) To protect Town interests through proper insurance documentation and by retaining security to address site safety, if necessary; and
3) Documents that the Developer specifically acknowledges and agrees to enter into a
Subdivision Agreement with the Town and County
The Developer recognizes that by entering into a Pre-Servicing Agreement that the Town will
not issue any Building Permits relative to the lands until a Subdivision Agreement has been
entered into and all conditions thereof complied with.
The installation of the pre-servicing works and all activity related thereto is entirely at the risk, expense, and cost of the Developer without any claim or recourse whatsoever against the
Town or County.
180
The Developer has provided and satisfied the following conditions necessary in order to execute the attached Pre-Servicing Agreement including:
• Deposit of the required Restoration Security
• Certificate of Insurance has been provided
• MOECC Form 1 approval for the water distribution system has been received
• MOECC ECA approval for the storm and sanitary sewers has been received
It is expected that the Developer will be working towards finalizing the Amending Subdivision
Agreement for Phase 9B in early 2016.
FINANCIAL IMPACT/FUNDING SOURCE
There is not financial impact to the Town at this time.
Page 2 / 2 CAO
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184
185
186
187
188
189
190
191
192
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194
STAFF REPORT
RECREATION, CULTURE & PARKS
Title: BRIDGES AT TILLSONBURG TOBOGGANING AGREEMENT RENEWAL 2015-2016
Report No.: RCP 15-47
Author: RICK COX
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
NOVEMBER 10, 2015
Attachments: • Tobogganing Agreement
RECOMMENDATION
THAT Council receive Report RCP 14-34 - Bridges at Tillsonburg Tobogganing
Agreement Renewal 2015-2016 for information;
AND THAT the source of funds for the $4,000 cost is considered during the 2016
budget process;
AND THAT Council authorize staff to operate the facility for the 2015-2016 season.
EXECUTIVE SUMMARY
The shared use agreement between the Town and The Bridges at Tillsonburg Golf Course for a toboggan hill requires confirmation from both parties on an annual
basis. For 2015-2016, the owners of the Course have requested an increase to the
fee for the use of the property from $1 to $4,000.
BACKGROUND
As part of the Bridges at Tillsonburg Tobogganing Agreement (attached) Town staff must seek approval from the Board of Directors at the Bridges on an annual basis
to ensure that a tobogganing facility can be set up on the golf course. The
ownership of the Golf Course has agreed in conversation with Staff to renew the Agreement for 2015-2016 with the provision of an increase to the annual fee from
$1 to $4,000. This fee is payable to the Golf Course. Staff understand that The
Bridges will be using the $4,000 to assist with parking lot snow removal and
therefore users of the toboggan hill will be allowed to park in The Bridges’ parking
lot. This will help reduce the number of cars parking in the no-parking area on Baldwin Street by the toboggan hill.
In 2013, the Town’s insurance company conducted a risk management analysis of the toboggan hill and made some recommendations. These practices were put in
place. Town staff use covered straw bales covered in bright coloured garbage bags
to create the border for the area. Parks staff complete regular inspections of this
facility and correct any unsafe conditions that may arise.
RCP 14-34 - Bridges at Tillsonburg Tobog 1/3
195
CONSULTATION/COMMUNICATION
The renewal of the Agreement has been in discussion with the owners of the Golf
Course in person and via email.
RCP 14-34 - Bridges at Tillsonburg Tobog 2/3
196
FINANCIAL IMPACT
The Agreement requires that the Town pay The Bridges at Tillsonburg an annual fee
of $1.00 to use the designated area of the golf course. The source of funding for
the increased fee of $4,000 will be considered in the 2016 budget deliberations.
The cost for the toboggan hill infrastructure (stakes, ropes & bales) and staff time
for installation and inspections is included in the Parks Division budget.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
No impact.
RCP 14-34 - Bridges at Tillsonburg Tobog 3/3
197
L E A S E
Made this the 19th day of December, 2005.
B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG
(Hereinafter referred to as the "Lessee")
- and -
THE TILLSONBURG GOLF AND COUNTRY CLUB, LIMITED
(Hereinafter referred to as the "Lessor")
WHEREAS
The Lessor owns property and buildings situate thereon municipally located at 59
John Pound Road in the Town of Tillsonburg, County of Oxford, Province of
Ontario (the "Property").
The Parties have agreed to enter into this agreement (the "Lease") whereby the
Lessor will grant a lease to the Lessee over a portion of the Property (the "Premises") as outlined in yellow on Schedule "A". The Premises shall only
include that part of the Property which includes access from Baldwin Street
across number 5 fairway to the third green and down the hill from the third green
along the number 3 fairway.
In consideration of the covenants, agreements, warranties and payments herein set
forth and provided for, the Parties hereto respectively covenant and agree as follows:
1. GRANT OF LEASE
(1) The Lessor leases the Premises to the Lessee:
(a) at the Rent set forth in Section 2;
(b) for the Term set forth in Section 3; and
(c) subject to the conditions and in accordance with the covenants,
obligations and agreements herein.
(2) The Lessor covenants that it has the right to grant the leasehold interest in
the Premises free from encumbrances except as disclosed on title.
2. RENT
(1) Rent means the amounts payable by the Lessee to the Lessor pursuant to
this Section.
(2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent of $1.00 plus G.S.T. per Term, and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable at the commencement of the Term.
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3. TERMS AND POSSESSION
(1) The Lessee shall have possession of the Premises for a period of four
months, commencing on the 1st day of December, 2005 and ending on
the 31st day of March, 2006 (the "Term").
(2) Provided the Lessee is not at any time in default of any covenants within the
Lease, the Lessee shall be entitled to annually renew this Lease for additional
periods of four months (the "Renewal Periods"). It is the intention of the
Parties that this Lease shall be renewed automatically without notice from
year to year. All other terms of this Lease shall apply in the Renewal Periods
unless mutually agreed by the Parties. During the Renewal Periods the Term
shall remain from the 1st day of December to the 31st day of March. For the
purposes of interpretation, the Term shall include all Renewal Periods.
(3) Subject to the Lessor's rights under this Lease, and as long as the Lessee
is in good standing, the Lessor covenants that the Lessee shall have quiet
enjoyment of the Premises during the Term without any interruption or
disturbance from the Lessor or any other person or persons lawfully
claiming through the Lessor.
4. ASSIGNMENT
(1) The Lessee shall not assign this Lease or sublet the whole or any part of
the Premises other than to the successor of the Lessee or its agent.
5. USE
(1) During the Term the Premises shall not be used for any purpose other
than for tobogganing and similar type activities for the sliding down of the
hill on the Premises by members of the public (the "Use") without the
express consent of the Lessor given in writing.
(2) The Lessee shall not do or permit to be done at the Premises, other than
the Use or ancillary to the Use, anything which may:
(a) constitute a nuisance;
(b) cause damage to the Premises or the Property; or,
(c) make void or voidable any insurance upon the Premises.
(3) The Use shall include access to the hill on the Premises from Baldwin
Street as outlined on Schedule "A" and the supervision by the guardians
or parents of the users of the hill.
(4) The Use of the Premises shall be restricted to daylight hours only.
6. REPAIR AND MAINTENANCE
(1) The Lessee covenants that during the Term the Lessee shall keep the
Premises in good condition including all alterations made thereto, and
shall, with or without notice, promptly make all needed repairs caused by
the Use or by the Lessee's invitees, employees or customers.
(2) Upon the expiry of the Term or other determination of this Lease the
Lessee agrees to surrender peaceably the Premises, including any
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alterations or additions made thereto, to the Lessor in a state of good repair.
(3) The Lessee shall immediately give written notice to the Lessor of any
substantial damage that occurs to the Premises or Property from any
cause.
7. ALTERATIONS
(1) During the Term the Lessee shall not make any alterations to the
Premises other than providing such safety measurers and fencing as
required by the Lessee, Lessor or any insurer for the Parties or what has
been agreed by the Lessor provided that Lessee may do so at its own
expense if the following conditions are met:
(a) before undertaking any alteration or addition the Lessee shall
submit to the Lessor a plan showing the proposed alterations and
the Lessee shall not proceed to make any alteration or addition
unless the Lessor has approved the plan; and,
(b) any and all alterations or additions to the Premises made by the
Lessee must comply with all applicable building code standards
and by-laws of the municipality in which the Premises are located.
(2) The Lessee shall be responsible for and pay the cost of any alterations,
installations or improvements that any governing authority, municipal,
provincial or otherwise, may require to be made in, on or to the Premises.
(3) The Lessee shall not erect or affix any sign other than the signs required
for the Use but shall remove any signs prior to the end of the Term. If
required by the Lessor, the Lessee shall erect such signs that designate
areas of the Property that are off-limits to the public.
(4) The Lessee shall erect any sign, fence or safety measure on the
Premises if required by the Lessor or any insurer of the Lessee or Lessor.
8. INSURANCE
(1) During the Term the Lessee shall and must maintain with respect to the
Premises, insurance coverage insuring against liability for bodily injury,
death or property damage sustained by third parties in the amount of ten
million ($10,000,000.00) dollars or such other amount that the Lessor
deems advisable.
(2) The Lessee covenants to keep the Lessor indemnified and save the
Lessor harmless against all claims and demands whatsoever by any
person, whether in respect of damage to person or property, arising out of
or occasioned by the maintenance, the Use or occupancy of the Premises
or any part thereof including any part of the Property or buildings on the
Property including all legal costs on a substantial indemnity basis. This
indemnity shall include any and all claims by third parties on any part of
the Property provided such third party was or had been intending to be on
the Premises or use the Property or Premises for the permitted Use. This
indemnity shall not apply if the third party was on the Property for
purposes other than the permitted Use. The Lessee further covenants to
indemnify the Lessor with respect to any encumbrance on or damage to
the Premises occasioned by or arising from the act, default, or negligence
of the Lessee, its officers, agents, servants, employees, contractors,
customers, invitees or licensees. The Lessee agrees that the terms
contained in this Article shall survive the termination of this
Lease
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notwithstanding any provisions of the Lease to the contrary.
(3) All insurance policies in this Section shall name the Lessor, where
applicable, as an additional insured and loss payee and the policy shall
include a cross-liability endorsement.
(4) Upon demand of the Lessor, the Lessee shall provide a copy of any and
all policies of insurance including renewals and terms of such policies to
the Lessor. If any policy of insurance is cancelled the Lessee shall inform
the Lessor without delay of such cancellation and shall obtain a
replacement policy without delay on the same terms as set out in this
Section. ·
9. TERMINATION UPON NOTICE AND AT END OF TERM
(1) At the end of the Term the Lessee shall surrender peaceably the Premises
to the Lessor in a state of good repair. The Lessee recognizes that the
Lessor operates a golf course from April15t to November 30th on the
Property therefore any damage caused by the Use or by the Lessee or its
employees, customers or invitees shall be repaired by the Lessee to the
satisfaction of the Lessor.
(2) The Parties hereby agree that in April of every year that this Lease is in
existence the Parties shall hold a meeting on the Premises to view the
state of repair. The meeting shall be at both Parties convenience to
determine if repairs are needed and the cost of such repairs. At the option
of the Lessor, if repairs are required in the opinion of both Parties, either
the Lessee shall undertake the repairs or undertake to pay for the repairs.
For the purposes of this paragraph the Lessee is only responsible for
damage caused to the Premises as a result of the Use.
(3) It is the intention of the Parties that this Lease shall be renewed
automatically without notice from year to year. If a Party decides not to
renew the Lease then they shall notify the other Party at the site meeting
as set out in Section 9(2) or in writing on or before the 1st day of
September prior to the commencement of the term for that year.
10. ACKNOWLEDGMENT BY LESSEE
(1) The Lessee agrees that it will at any time or times during the Term, upon
being given at least seventy-two (72) hours prior written notice, execute
and deliver to the Lessor a statement in writing certifying:
(a) that this Lease is unmodified and is in full force and effect (or
if modified stating the modifications and confirming that the
Lease is in full force and effect as modified); and,
(b) the amount of Rent being paid.
11. SUBORDINATION AND POSTPONEMENT
(1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor's interest in the property.
(2) Upon the request of the Lessor the Lessee will execute any form required
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to subordinate this Lease and the Lessee's rights to any such charge, and
will, if required, attorn to the holder of the charge.
(3) No subordination by the Lessee shall have the effect of permitting the holder
of any charge to disturb the occupation and possession of the Premises by
the Lessee as long as the Lessee performs his obligations under this Lease.
12. NOTICE
(1) Any notice required or permitted to be given by one party to the other
pursuant to the terms of this Lease shall be in writing and may be given:
To the Lessor at:
Attn: Rick Pero
59 John Pound Road
P.O. Box 54
Tillsonburg, Ontario
842-4822
and
John Pattinson
59 John Pound Road
P.O. Box 54
Tillsonburg, Ontario
842-8184
To the Lessee at:
Kelly Batt
200 Broadway
Second Floor, Suite 204
Tillsonburg, Ontario N4G 5A7
688-3009 ext. 4232
and
Justin Fidler
200 Broadway
Second Floor, Suite 204
Tillsonburg, ON N4G 5A7
688-3009 ext 4245
(2) The above addresses may be changed at any time by giving ten (10) days
written notice.
(3) Any notice given by one party to the other in accordance with the
provisions of this Lease shall be deemed conclusively to have been
received on the date delivered if the notice is served personally or
seventy-two (72) hours after mailing if the notice is mailed.
13. REGISTRATION
(1) The Lessee shall not at any time register notice of or a copy of this Lease
on title to the property of which the premises form part without consent of
the Lessor.
14. INTERPRETATION
(1) The words importing the singular number only shall include the plural, and
vice versa, and words importing the masculine gender shall include the
feminine gender, and words importing persons shall include firms and
corporations and vice versa.
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(2) Unless the context otherwise requires, the word "Lessor" and the word
"Lessee" wherever used herein shall be construed to include the executors,
administrators, successors and assigns of the Lessor and Lessee,
respectively.
(3) When there are two or more Lessees bound by the same covenants herein
contained, their obligations shall be joint and several.
15. MISCELLANEOUS
(1) If a dispute should arise between the Parties in the interpretation of this
Agreement then both parties agree that such dispute shall be referred to
binding arbitration and be bound by the result of such arbitration. The terms,
form and procedure of the arbitration shall be in accordance with the
Arbitration Act or any successor legislation. The parties further agree that the
arbitrator shall be jointly chosen and the arbitrator shall have the ability to
award costs of the arbitration.
(2) The Lessor shall have all rights of access during the Term to the Premises to
carry out inspection and general maintenance. The Lessee shall not be
responsible for the costs of such general maintenance unless occasioned by
the Use the or by invitees of the Lessee.
(3) The Parties agree that should the weather conditions be unsuitable for the
Use or that the Use may cause damage to the Property then the Lessor shall have the right to cease the permitted Use until conditions become more favourable.
(4) The Lessee agrees to pay the reasonable legal costs of the Lessor in
preparing this Lease.
(5) The Parties shall hold a joint press conference and/or issuance of a press
release outlining the rules and regulations for the Use and access to the
Premises.
(6) In the event that any clause herein should be unenforceable or be
declared invalid for any reason whatsoever, such enforce ability or
invalidity shall not affect the enforce ability or validity of the remaining
portions of the covenants and such unenforceable or invalid portions shall
be severable from the remainder of this Lease.
(7) This Lease shall be construed and enforced in accordance with the laws
of the Province of Ontario. Any proceeding commenced in the Superior
Court of Justice, or its successor court, between the Parties shall be
brought in the County of Oxford at the City of Woodstock.
(8) Should any provision of this Lease require judicial interpretation or
arbitration, it is agreed that the court or arbitrator interpreting or construing
the same shall not apply a presumption that the terms thereof shall be
more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the
party who itself or through its agent prepared the same, it be agreed that
both parties have participated in the preparation hereof.
(9) This Lease constitutes the entire agreement between the Parties hereto
pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, understandings, negotiations and
discussions, whether oral or written, of the parties and there are no
warranties, representations or other agreements between the Parties in
connection with the subject matter hereof, except as specifically set forth
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herein. No supplement, modification, waiver or termination of this Lease shall
be binding unless executed in writing by the Parties.
In Witness of the foregoing covenants the Lessor and the Lessee have executed
this Lease.
Signed at Tillsonburg this day of December, 2005
· n of the Town of Tillsonburg
en Molnar, Mayor ave authority to bind the Corporation. /
Signed at Tillsonburg this day of December, 2005
The Tillsonburg Golf & Country Club, Limited
Per:
·
fJl !t,,{E{o
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THE CORPORATION OF THE TOWN OF
TILLSONBURG BY-LAW NUMBER 3962
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 9th
day of November, 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 regular
meeting held on November 9, 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 9TH DAY OF NOVEMBER, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 9TH DAY OF NOVEMBER, 2015.
________________________________
Mayor – Stephen Molnar
________________________________
Town Clerk – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3959
A BY-LAW, to establish and appoint members to the Property Standards Committee by
The Corporation of The Town of Tillsonburg.
WHEREAS the Property Standards Committee is established in accordance with Section
15.6(1) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS The Town of Tillsonburg is desirous of establishing and appointing
members to the Property Standards Committee in accordance with Section 7 of By-Law
3638, for Prescribing Standards for the Maintenance and Occupancy of Property within
the Town of Tillsonburg.
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Town of Tillsonburg enacts as follows:
1. THAT the Property Standards Committee is hereby established;
2. THAT Paul Gyozo, Dan Pearce and Doug Shwauk, named herein, shall form
the Town of Tillsonburg Property Standards Committee for a three year term.
Such term shall expire on December 31, 2018 or until such time as the
committee members have been appointed for the next term;
3. THAT all members appointed hereby shall hold office at the pleasure of
Council, and the provisions of The Municipal Conflict of Interest Act, RSO.
1990, shall apply;
4. THAT this committee shall adhere to the policies contained in the Town of
Tillsonburg Policy for Boards and Committees;
5. THAT this by-law comes into full force and effect upon the day of passing.
READ A FIRST AND SECOND TIME THIS 9TH DAY OF November, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF November, 2015.
________________________________
Mayor – Stephen Molnar
_______________________________
Clerk – Donna Wilson
206
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3961
A BY-LAW, TO AUTHORIZE A PRE-SERVICING AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND TILLSONBURG DEVELOPMENTS INC.;
WHEREAS The Town of Tillsonburg is desirous of entering into a Pre-Servicing Agreement
with Tillsonburg Developments Inc. to allow for the pre-servicing of Baldwin Place Phase 9B;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Pre-Servicing 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.
3. THAT This By-Law shall come into force and take effect immediately after the final passing hereof.
READ A FIRST AND SECOND TIME THIS 9th DAY OF NOVEMBER, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF NOVEMBER, 2015.
_________________________
MAYOR-Stephen Molnar
_________________________
CLERK-Donna Wilson
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