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Reg 160509 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 Rick Cox, Director of Recreation, Culture & Park Services Jeff Smith, Fire Chief Tricia Smith, Deputy Clerk Regrets: Kevin De Leebeeck, Director of Operations 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, May 09, 2016, be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 09, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, May 9, 2016 - 2 - 3. Moment of Silence The Mayor extended best wishes to the recovery efforts in Fort McMurray. 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 25, 2016 Minutes, April 25, 2016 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of April 25, 2016, be approved. Carried 6. Delegations and Presentations 6.1. Oxford/Ontario Health Coalition Delegation By: Bryan Smith, Chair Delegation Request Council Presentation Beyond Limits Report Final Submission Fact Sheet Staff to allow the placement of ballet boxes for the Ontario Health Coalition Referendum in the Customer Service Centre and Community Centre. Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation regarding health cuts to local hospitals and services, as information. Carried Council Meeting Minutes, May 9, 2016 - 3 - 6.2. OPP 2015 Year End Report Presentation By: Larry Scanlan, Chair PSB & Anthony Hymers, Acting Inspector Detachment Commander Presentation Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the presentation regarding the OPP 2015 Year End Report, as information. Carried Council recognized John Smith for his continued years of service on the Police Services Board as his term of office is coming to an end. 6.3. Gospel in the Park - Request to Waive Special Events Policy Form SE-003 Delegation By: Mark Hasson Delegation Hasson Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the delegation regarding Gospel in the Park, Request to waive Special Events Policy Form SE-003, as information. Carried 7. Reports from Departments 7.1. Recreation, Culture & Park Services 7.1.1. RCP 16-16 – Gospel in the Park Waiver Requirement RCP 16-16 - Gospel in the Park Waiver Requirement Special Events Waiver Form Resolution #6 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 16-16 – Gospel in the Park Waiver Requirement; Council Meeting Minutes, May 9, 2016 - 4 - AND THAT Council requires the applicant to comply with the requirements of the Special Events Policy. Carried 8. Committee Reports & Presentations 8.1. CAO 16-05, Town Hall Project Steering Committee Space Needs Study Report Delegation By: Marty Klein, Chair of the Town Hall Project Task Force and Mr. Stephan Namisniak, KNY Architects Town Hall Project Steering Committee Space Needs Study Report Town Hall Steering Committee Terms of Reference Town Hall Space Needs Study Final Report The Town Hall Project Steering Committee will be bringing a report back to council with options for a town hall location. Public comments can be made through the Town CAO to the Town Hall Steering Committee. Resolution #7 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CAO 16-05 Town Hall Project Steering Committee Space Needs Study Project; AND THAT Council approves the Town Hall Project Steering Committee’s continued work on investigating site locations, budget requirements and possible financing options for a future Town Hall building. Carried 9. Information Items 9.1. Bill 180, Workers Day of Mourning Act 2016 04 29 - Support Bill 180 - Workers Day of Mourning Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Town of Tillsonburg supports Bill 180, Workers Day of Mourning Act, 2016; Council Meeting Minutes, May 9, 2016 - 5 - AND THAT a copy of this support resolution be sent to MP, Dave MacKenzie, MPP, Ernie Hardeman, AMO, all Ontario Municipalities and the Oxford Regional Labour Council. Carried 9.2. Memorandum re Delegate Request - AMO Conference, Ministry of Municipal Affairs & Housing Memorandum Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives item 8.2, as information. Carried 9.3. AMO Support for Fort McMurray - Call to Action AMO Support Letter Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the correspondence regarding AMO Support for Fort McMurray – Call to Action, as information. Carried Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres WHEREAS the devastating fires in Alberta have impacted the people, families and commerce of Fort McMurray and surrounding area; AND WHEREAS the impacts our fellow Canadians has a direct and impactful influence on the residents and communities across this great Nation; AND WHEREAS the Residents and Council of the Town of Tillsonburg extend our heartfelt best wishes to a quick end to the fires and a move towards a swift and complete recovery period; Council Meeting Minutes, May 9, 2016 - 6 - THEREFORE be it resolved that Council for the Town of Tillsonburg contributes up to $5,000.00 from General Reserves to the Canadian Red Cross for relief efforts; AND THAT the Town matches, up to this $5,000.00 level, all private donations received at the Customer Services Centre up to and including May 29, 2016 and that the total dollars raised be forwarded to the Canadian Red Cross to be matched by the Federal Government’s matching fund commitment; AND FURTHER THAT confirmation of this initiative is forwarded to AMO and municipalities within Oxford County. Carried 10. Reports from Departments 10.1. Clerk’s Office 10.1.1. CL 16-10 Development Committee Appointments CL 16-10 Dev Com App Resolution #12 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report CL 16-10 Development Committee Appointments; AND THAT Deb Gilvesy and Mel Getty be appointed to fill the vacancies on the Development Committee; AND THAT an amendment to By-Law 3876, Committee Appointments be brought forward for Council consideration. Carried 10.1.2. CL 16-12, Fire Services Strategic Plan Committee CL 16-12 Fire Strat Plan Com Strategic Planning Committee Terms of Reference-draft Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 16-12 Fire Services Strategic Plan Committee; Council Meeting Minutes, May 9, 2016 - 7 - AND THAT John Prno, Mel Getty, Ian Messenger, Gord Collins, John Bamford, Shane Curtis, Ted Sanders and Mike Dean, be appointed to the Fire Services Strategic Plan Committee; AND THAT Councillor Jim Hayes, be appointed to represent Council on the committee. Carried 10.1.3. CL 16-08 Delegation of Powers and Duties Policy CL 16-08 Delegation of Powers 2-006 Delegation Council directed staff to add the definition for Policy under section 2.0 of the Delegation and Duties Policy. Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 16-08, Delegation of Powers & Duties Policy; AND THAT a By-Law to authorize the policy, be brought forward for Council consideration. Carried 10.2. Development and Communication Services 10.2.1. DCS 16-17, Economic Development and Marketing First Quarter Report DCS 16-17 Economic Development and Marketing First Quarter Report Resolution #15 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 16-17 Economic Development and Marketing First Quarter Report, as information. Carried Council Meeting Minutes, May 9, 2016 - 8 - 10.3. Finance 10.3.1. FIN16-21 2016 Budgetary Estimates and Tax Rates FIN 16-21 2016 Budgetary Estimates and Tax Rates 2016 Final Levy Bylaw 4015 Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report FIN16-21 2016 Budgetary Estimates and Tax Rates; AND THAT the 2016 Final Levy By-Law No. 4015, be brought forward for Council consideration. Carried 10.4. Operations 10.4.1. OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Attachment 1 - Existing Encroachment on Municipal Property Policy OPS 16-16 Attachment 2 - Proposed Enroachment By-law OPS 16-16 Attachment 3 - Encroachment Agreement Template Resolution #17 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report OPS 16-16 Encroachments on Highways and Public Lands; AND THAT a By-Law to regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be brought forward for Council consideration; AND THAT the existing Encroachment on Municipal Property Policy, be rescinded and considered null and void upon adoption of the proposed Encroachment By-Law. Carried Council Meeting Minutes, May 9, 2016 - 9 - 10.4.2. OPS 16-17 Results for Tender F2016-003 Roads Service Truck OPS 16-17 Results for Tender F2016-003 Roads Service Truck Resolution #18 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson Council defers item 9.4.2 OPS 16-17 Results for Tender F2016-003 Roads Service Truck until the Council meeting of May 24, 2016. Carried 11. Motions Resolution #19 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council approve the waiving of fees for the Lion’s Auditorium for a Fort McMurray fundraiser by Tillsonburg Minor Hockey. Carried Resolution #20 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT staff be directed to remove Section 10.4 Municipal Significant Events from the Delegation of Powers & Duties policy. Councillor Adam requested a recorded vote. NAME VOTE IN FAVOUR VOTE AGAINST Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x Councillor Rosehart x Councillor Stephenson x Council Meeting Minutes, May 9, 2016 - 10 - The recorded vote reflects the vote is 3 in favour of the Motion and 4 against the Motion. The motion is "defeated" 12. By-Laws By-Laws from the Meeting of Monday, May 09, 2016 Resolution #21 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 12.1. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings); AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees; AND THAT By-Law 4017, To Adopt the Delegation of Powers and Duties Policy; AND THAT By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be read for a first and second reading and this constitutes the first and second reading thereof. Carried Resolution #22 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 12.2. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings); AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same and place the corporate seal thereunto. Carried Council Meeting Minutes, May 9, 2016 - 11 - Resolution #23 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.3. THAT By-Law 4020, To confirm the proceedings of Council at its meeting held on the 9th day of May, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 13. Items of Public Interest 14. Adjournment Resolution #24 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, May 09, 2016 be adjourned at 9:04 p.m. Carried Table of Contents Agenda 3 Minutes, April 25, 2016 Minutes, April 25, 2016 11 Oxford Health Coalition, Presented By: Bryan Smith & Cathy Mott Delegation Request 25 Council Presentation 27 Beyond Limits Report 29 Final Submission 101 Fact Sheet 113 OPP 2015 Year End Report Presentation 115 Gospel in the Park - Request to Waive Special Events Policy Form SE-003 Delegation Hasson 140 CAO 16-05, Town Hall Project Steering Committee Space Needs Study Report Town Hall Project Steering Committee Space Needs Study Report 144 Town Hall Steering Committee Terms of Reference 146 Town Hall Space Needs Study Final Report 149 Bill 8, Workers Day of Mourning Act 2016 04 29 - Support Bill 180 - Workers Day of Mourning 188 Memorandum re Delegate Request - AMO Conference, Ministry of Municipal Affairs & Housing Memorandum 190 AMO Support for Fort McMurray - Call to Action AMO Support Letter 191 CL 16-10 Development Committee Appointments CL 16-10 Dev Com App 193 CL 16-12, Fire Services Strategic Plan Committee CL 16-12 Fire Strat Plan Com 195 Strategic Planning Committee Terms of Reference-draft 197 CL 16-08 Delegation of Powers and Duties Policy CL 16-08 Delegation of Powers 202 2-006 Delegation 205 DCS 16-17, Economic Development and Marketing First Quarter Report DCS 16-17 Economic Development and Marketing First Quarter Report 216 FIN16-21 2016 Budgetary Estimates and Tax Rates FIN 16-21 2016 Budgetary Estimates and Tax Rates 219 2016 Final Levy Bylaw 4015 220 1 OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Encroachment on Highways and Public Lands 223 OPS 16-16 Attachment 1 - Existing Encroachment on Municipal Property Policy 225 OPS 16-16 Attachment 2 - Proposed Enroachment By- law 238 OPS 16-16 Attachment 3 - Encroachment Agreement Template 252 OPS 16-17 Results for Tender F2016-003 Roads Service Truck OPS 16-17 Results for Tender F2016-003 Roads Service Truck 263 RCP 16-16 – Gospel in the Park Waiver Requirement RCP 16-16 - Gospel in the Park Waiver Requirement 264 Special Events Waiver Form 266 By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings) By-Law 4010 Text 267 Schedule A 269 Explanatory Note 270 Key Map 271 By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016 2016 Final Levy Bylaw 4015 272 By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees By-Law 4016 275 By-Law 4017, to Adopt the Delegation of Powers and Duties Policy By-Law 4017 Delegation 281 2-006 Delegation 282 By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg By-Law 4019 293 By-Law 4020, To confirm the proceedings of Council By-Law 4020 307 2 = 1. Call to Order 2. Adoption of Agenda Moved By: Seconded By: Proposed Resolution #1 THAT the Agenda as prepared for the Council meeting of Monday, May 09, 2016, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 25, 2016 Minutes, April 25, 2016 Moved By: Seconded By: Proposed Resolution #2 THAT the Minutes of the Council Meeting of April 25, 2016, be approved. 6. Delegations and Presentations 6.1. Oxford/Ontario Health Coalition Presentation By: Bryan Smith, Chair & Cathy Mott, Member Delegation Request Council Presentation Beyond Limits Report The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 09, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - Final Submission Fact Sheet Moved By: Seconded By: Proposed Resolution #3 THAT Council receives the presentation regarding health cuts to local hospitals and services, as information. 6.2. OPP 2015 Year End Report Presentation By: Larry Scanlan, Chair PSB & Anthony Hymers, Acting Inspector Detachment Commander Presentation Moved By: Seconded By: Proposed Resolution #4 THAT Council receives the presentation regarding the OPP 2015 Year End Report, as information. 6.3. Gospel in the Park - Request to Waive Special Events Policy Form SE-003 Delegation By: Mark Hasson Delegation Hasson Moved By: Seconded By: Proposed Resolution #5 THAT Council receives the delegation regarding Gospel in the Park, Request to waive Special Events Policy Form SE-003, as information. 7. Committee Reports & Presentations 7.1. CAO 16-05, Town Hall Project Steering Committee Space Needs Study Report Presentation By: Marty Klein, Chair of the Town Hall Project Task Force and Mr. Stephan Namisniak, KNY Architects Town Hall Project Steering Committee Space Needs Study Report Town Hall Steering Committee Terms of Reference 4 Council Meeting – Agenda - 3 - Town Hall Space Needs Study Final Report Moved By: Seconded By: Proposed Resolution #6 THAT Council receives Report CAO 16-05 Town Hall Project Steering Committee Space Needs Study Project; AND THAT Council approves the Town Hall Project Steering Committee’s continued work on investigating site locations, budget requirements and possible financing options for a future Town Hall building. 8. Information Items 8.1. Bill 180, Workers Day of Mourning Act 2016 04 29 - Support Bill 180 - Workers Day of Mourning Moved By: Seconded By: Proposed Resolution #7 THAT the Town of Tillsonburg supports Bill 180, Workers Day of Mourning Act, 2016; AND THAT a copy of this support resolution be sent to MP, Dave MacKenzie, MPP, Ernie Hardeman, AMO, all Ontario Municipalities and the Oxford Regional Labour Council. 8.2. Memorandum re Delegate Request - AMO Conference, Ministry of Municipal Affairs & Housing Memorandum Moved By: Seconded By: Proposed Resolution #8 THAT Council receives item 8.2, as information. 5 Council Meeting – Agenda - 4 - 8.3. AMO Support for Fort McMurray - Call to Action AMO Support Letter Moved By: Seconded By: Proposed Resolution #9 THAT Council receives the correspondence regarding AMO Support for Fort McMurray - Call to Action, as information. 9. Reports from Departments 9.1. Clerk’s Office 9.1.1. CL 16-10 Development Committee Appointments CL 16-10 Dev Com App Moved By: Seconded By: Proposed Resolution #10 THAT Council receives Report CL 16-10 Development Committee Appointments; AND THAT Deb Gilvesy and Mel Getty be appointed to fill the vacancies on the Development Committee; AND THAT an amendment to By-Law 3876, Committee Appointments be brought forward for Council consideration. 9.1.2. CL 16-12, Fire Services Strategic Plan Committee CL 16-12 Fire Strat Plan Com Strategic Planning Committee Terms of Reference-draft Moved By: Seconded By: Proposed Resolution #11 THAT Council receives Report CL 16-12 Fire Services Strategic Plan Committee; AND THAT John Prno, Mel Getty, Ian Messenger, Gord Collings, John Bamford, Shane Curtis, Ted Sanders and Mike Dean be appointed to the Fire Services Strategic Plan Committee; AND THAT ___________________ be appointed to represent Council on the committee. 6 Council Meeting – Agenda - 5 - 9.1.3. CL 16-08 Delegation of Powers and Duties Policy CL 16-08 Delegation of Powers 2-006 Delegation Moved By: Seconded By: Proposed Resolution #12 THAT Council receives Report CL 16-08, Delegation of Powers & Duties Policy; AND THAT a By-Law to authorize the policy be brought forward for Council consideration. 9.2. Development and Communication Services 9.2.1. DCS 16-17, Economic Development and Marketing First Quarter Report DCS 16-17 Economic Development and Marketing First Quarter Report Moved By: Seconded By: Proposed Resolution #13 THAT Council receives Report DCS 16-17 Economic Development and Marketing First Quarter Report, as information. 9.3. Finance 9.3.1. FIN16-21 2016 Budgetary Estimates and Tax Rates FIN 16-21 2016 Budgetary Estimates and Tax Rates 2016 Final Levy Bylaw 4015 Moved By: Seconded By: Proposed Resolution #14 THAT Council receives report FIN16-21 2016 Budgetary Estimates and Tax Rates; AND THAT the 2016 Final Levy By-Law No. 4015, be brought forward for Council consideration. 9.4. Operations 9.4.1. OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Encroachment on Highways and Public Lands 7 Council Meeting – Agenda - 6 - OPS 16-16 Attachment 1 - Existing Encroachment on Municipal Property Policy OPS 16-16 Attachment 2 - Proposed Enroachment By-law OPS 16-16 Attachment 3 - Encroachment Agreement Template Moved By: Seconded By: Proposed Resolution #15 THAT Council receives Report OPS 16-16 Encroachments on Highways and Public Lands; AND THAT a By-Law to regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be brought forward for Council consideration; AND THAT the existing Encroachment on Municipal Property Policy, be rescinded and considered null and void upon adoption of the proposed Encroachment By-Law. 9.4.2. OPS 16-17 Results for Tender F2016-003 Roads Service Truck OPS 16-17 Results for Tender F2016-003 Roads Service Truck Moved By: Seconded By: Proposed Resolution #16 THAT Council receives Report OPS 16-17 Results for Tender F2016-003 Roads Service Truck; AND THAT Council approves the post-tender negotiations and awards Tender F2016-003 to Oxford Dodge Chrysler Ltd. at the post-tender negotiated cost of $119,588.00 plus applicable taxes. 9.5. Recreation, Culture & Park Services 9.5.1. RCP 16-16 – Gospel in the Park Waiver Requirement RCP 16-16 - Gospel in the Park Waiver Requirement Special Events Waiver Form 8 Council Meeting – Agenda - 7 - Moved By: Seconded By: Proposed Resolution #17 THAT Council receives Report RCP 16-16 – Gospel in the Park Waiver Requirement; AND THAT Council requires the applicant to comply with the requirements of the Special Events Policy. 10. Notice of Motions 11. By-Laws By-Laws from the Meeting of Monday, May 09, 2016 Moved By: Seconded By: Proposed Resolution #18 11.1. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings), Schedule A, Explanatory Note, Key Map AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees; AND THAT By-Law 4017 , To Adopt the Delegation of Powers and Duties Policy Policy; AND THAT By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be read for a first and second reading and this constitutes the first and second reading thereof. 12. Moved By: Seconded By: Proposed Resolution #19 12.1. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings), Schedule A, Explanatory Note, Key Map AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; 9 Council Meeting – Agenda - 8 - AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same and place the corporate seal thereunto. Moved By: Seconded By: Proposed Resolution #20 12.2. THAT By-Law 4020, To confirm the proceedings of Council at its meeting held on the 9th day of May, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 13. Items of Public Interest 14. Adjournment Moved By: Seconded By: Proposed Resolution #21 THAT the Council Meeting of Monday, May 09, 2016 be adjourned at _____ p.m. 10 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Regrets: Councillor Maxwell Adam 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 & 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 Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, April 25, 2016, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, April 25, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 11 Council Meeting Minutes, April 25, 2016 - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 11, 2016 Minutes, April 11, 2016 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of April 11, 2016, be approved. Carried 6. Delegations and Presentations 6.1. Presentation By: Emma Searles, Represented Canada at the World Dance Championships Emma Searles Dance Team Emma Searles single Emma Searles Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the presentation by Emma Searles, as information. Carried 6.2. Volunteer Achievement Award Presentation – John Twinem Presented By: Councillor Stephenson and Mayor Molnar 6.3. 2016 Assessment Update, Property Assessment Notices for Residential Properties Presentation By: Jennifer Lajoie, MPAC MPAC Delegation Request Presentation 12 Council Meeting Minutes, April 25, 2016 - 3 - Resolution #4 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the presentation regarding the 2016 Assessment Update, as information. Carried 6.4. Parks & Recreation Advisory Committee Resolutions Delegation By: Mel Getty, Committee Chair Delegation Request Mel Getty appeared before Council to speak to the Parks & Recreation Advisory Committee Resolutions. Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation from Mel Getty, as information. Carried 7. Committee Reports 7.1. PRA 16-01, Pump Track Report PRA 16-01 Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives the information regarding the Pump Track from the Parks & Recreation Advisory Committee; AND THAT Council supports fundraising efforts by Terry Smith in order to provide the addition of a pump track to the Kolin Smith Memorial Skateboard Park. Carried 7.2. PRA 16-02, Advertising on Ball Diamond Fencing PRA 16-02 Staff to provide a report to Council on an exit strategy in regards to the Ball Diamond Fencing Advertising and identify alternative resources and advertising options. 13 Council Meeting Minutes, April 25, 2016 - 4 - Staff to provide a report to Council defining advertising and sponsorship signage. Resolution #7 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report PRA 16-02, Advertising on Ball Diamond Fencing, as information; AND FURTHER THAT advertising signs posted on ball diamond fencing be positioned to face spectators in the stands; AND FURTHER THAT no advertising signs be posted in parks and natural areas, or on public trails in the community. Carried 7.3. PRA 16-03, Off-Leash Dog Park Report PRA 16-03 Resolution #8 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the update regarding the Off Leash Dog Park from the Dog Park Sub-Committee, as information. Carried 7.4. PRA 16-04, Parking at Trottier Park PRA 16-04 Resolution #9 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the information regarding parking at Trottier Park from the Parks & Recreation Advisory Committee; AND THAT Council endorses the placing of a parking lot at Trottier Park and that the parking lot be laid out as recommended by the Advisory Committee. Carried 14 Council Meeting Minutes, April 25, 2016 - 5 - 7.5. PRA 16-05, Memorial Park Revitalization Project PRA 16-05 Staff to provide a report to Council when additional names are received for appointment to the Sub-Committee. Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the request from the Parks & Recreation Advisory Committee; AND THAT Council endorses the Terms of Reference for the Sub-Committee; AND THAT Council appoints Mike Cerna, Mel Getty, Susan Labanich, Dace Zvanitajs, Rosemary Dean, Scott Vitias, Derek Partlo, Trevor Lamb, Chris Parker, John Glass, Shane Curtis, Lance McKenzie, Cedric Tomico, Scott McKenzie and Terry Smith to the Memorial Park Revitalization Project Sub-Committee. Carried 8. Information Items 8.1. 2016 Ontario Senior Achievement Award 2016 Ontario Senior Achievement Award 8.2. Long Point Region Conservation Authority Year End Financial Statements and Annual Report LPRCA_Annual_Report 2015 2015 FS Final after Audit Comm meeting Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives items 7.1 and 7.2, as information. Carried 9. Mayor 9.1. MYR 16-05 MYR 16-05 15 Council Meeting Minutes, April 25, 2016 - 6 - Resolution #12 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report MYR 16-05, as information. Carried 10. Quarterly Reports 10.1. FIN 16-18 2016 First Quarter Financial FIN 16-18 First Quarter Financial Results 2016 Actual Variances - Q1 Resolution #13 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 16-18, 2016 First Quarter Financial results, as information. Carried 10.2. FIN 16-19 2016 First Quarter Finance Department FIN 16-19 First Quarter Finance Department Results Resolution #14 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 16-19, 2016 First Quarter Finance Department results, as information. Carried 10.3. DCS 16-16 Building, Planning, By-Law Services 2016 First Quarter Report DCS 16-16 Building, Planning, By-Law Services 2016 First Quarter Report Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report DCS 16-16, Building/Planning/By-Law Services 2016 First Quarter Report, as information. Carried 16 Council Meeting Minutes, April 25, 2016 - 7 - 10.4. OPS 16-13 2016 First Quarter Operations Services OPS 16-13 2016 First Quarter Operations Services Resolution #16 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report OPS 16-13, 2016 First Quarter Operations Services, as information. Carried 10.5. RCP 16-10 - Recreation, Culture and Parks 2016 Q1 Results RCP 16-10 - Recreation, Culture and Parks 2016 Q1 Results Resolution #17 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report RCP 16-10, Recreation, Culture and Parks 2016 First Quarter Results, as information. Carried 10.6. FRS 16-05 First Quarter Fire & Rescue Services Results FRS 16-05 Fire Q1 2016 Fire Chief to circulate a copy of the Tiered Response Agreement to Council. Resolution #18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report FRS 16-05, First Quarter Fire & Rescue Services Results, as information. Carried 11. Reports from Departments 11.1. Clerk’s Office 11.1.1. CL 16-09 Tillsonburg Old Sox Baseball Club - Municipal Significant Event CL 16-09 Old Sox Annual Municipal Significant Event Old Sox Baseball Request 17 Council Meeting Minutes, April 25, 2016 - 8 - Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Tillsonburg Old Sox Baseball Club Annual BBQ/Fundraiser event be designated an “Annual Municipal Significant Event” for the purposes of obtaining a Special Occasion Permits under the Alcohol and Gaming Commission of Ontario. Carried 11.2. Finance 11.2.1. FIN 16-20 Assessment Reduction 51 Clearview FIN 16-20 Assessment Reduction 51 Clearview FIN 16-22 51 Clearview Additional Taxation Information Resolution #20 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine That Council receives Report FIN 16-20, Assessment Reduction 51 Clearview, as information. Carried 11.3. Fire and Emergency Services 11.3.1. FRS 16-04 Elmwood Fire Department Fire Communications Contract FRS 16-04 Fire Communications Elmwood Elmwood Agreement Staff to provide a Memorandum to Council regarding expenses arising from the Fire Communications Agreement. Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FRS 16-04 Elmwood Fire Department Fire Communications Contract; AND THAT Council authorizes the Mayor and Clerk to enter into an agreement with the Elmwood Fire Department Joint Board of Management, the Municipality 18 Council Meeting Minutes, April 25, 2016 - 9 - of Brockton and the Municipality of West Grey for the provision of Fire Dispatch and Communications Services; AND THAT a By-Law be brought forward for Council consideration. Carried 11.4. Operations 11.4.1. OPS 16-14 Transfer Station Public Engagement Summary OPS 16-14 Transfer Station Public Engagement Summary OPS 16-14 Attachment 1 - Transfer Station Survey Results OPS 16-14 Attachment 2 - Summary of Survey Additional Comments OPS 16-14 Attachment 3 - Public Consultation Summary Resolution #22 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report OPS 16-14, Transfer Station Public Engagement Summary; AND THAT Council directs staff to develop conceptual design alternatives that reflect the framework of the preferred solution. Carried 11.4.2. OPS 16-15 Corridor Management Initiative - Pedestrian Crossing on Broadway at Glendale Drive OPS 16-15 Corridor Management Initiative - Pedestrian Crossing on Broadway at Glendale Drive The Director of Operations noted that the identified Public Works Q1 surplus variance projection of $10,000 will be used to fund the third party consultant work for the Corridor Management Initiative (Broadway & Glendale). Resolution #23 Moved By: Deputy Mayor Seconded By: Councillor Esseltine THAT Council receives Report OPS 16-15, Corridor Management Initiative - Pedestrian Crossing on Broadway at Glendale Drive; 19 Council Meeting Minutes, April 25, 2016 - 10 - AND THAT Council authorizes staff to retain a third party consultant to conduct the Pedestrian Crossover Warrants and site a suitable crossing facility location. Carried 11.5. Recreation, Culture & Park Services 11.5.1. RCP 16-11 Sole or Single Source Procurement Authorizations RCP 16-11 – Sole or Single Source Procurement Authorizations Resolution #24 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report RCP 16-11, Sole or Single Source Procurement Authorizations; AND THAT Council authorizes staff to procure the products and services listed in Report RCP 16-11 from the indicated sole or single source. Carried 11.5.2. RCP 16-14 Recreation, Culture & Parks Pricing Policy RCP 16-14 - Recreation, Culture & Parks Pricing Policy RCP Pricing Policy Resolution #25 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report RCP 16-14, Recreation, Culture & Parks Pricing Policy; AND THAT Council adopts the RCP Pricing Policy for the Town of Tillsonburg; AND THAT a By-Law be brought forward for Council consideration. Carried 11.5.3. RCP 16-15 – Revised Commemorative Naming Policy RCP 16-15 - Revised Commemorative Naming Policy Commemorative Naming Policy and Schedules RCP 15-23 - Commemorative Naming Policy Staff to compile a list of the Town’s named assets for Council’s information. 20 Council Meeting Minutes, April 25, 2016 - 11 - Resolution #26 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report RCP 16-15, Revised Commemorative Naming Policy; AND THAT Council adopts the Commemorative Naming Policy for the Town of Tillsonburg; AND THAT a By-Law be brought forward for Council consideration. Carried 12. Staff Information Reports 12.1. RCP 16-13 – Picnic Pavilion Usage and Revenue RCP 16-13 - Picnic Pavilion Usage and Revenue Resolution #27 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report RCP 16-13, Picnic Pavilion Usage and Revenue, as information. Carried 13. Committee Minutes & Reports 13.1. Minutes, Accessibility Advisory Committee Minutes, March 9, 2016 13.2. Minutes, Cultural Advisory Committee Minutes, January 9, 2016 Minutes, March 9, 2016 13.3. Minutes, HBC Committee Minutes, March 3, 2016 13.4. Minutes, Museum Advisory Committee Minutes, February 25, 2016 13.5. Minutes, Parks & Recreation Advisory Committee Minutes, March 8, 2016 13.6. Minutes, Physician Recruitment Committee Minutes, March 9, 2016 13.7. Minutes, Police Services Board 21 Council Meeting Minutes, April 25, 2016 - 12 - Minutes, January 20, 2016 13.8. Minutes, Special Awards Committee Minutes, March 23, 2016 13.9. Minutes, Town Hall Steering Committee Minutes, March 10, 2016 Resolution #28 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Minutes of the Accessibility Advisory Committee for March 9, 2016; the Cultural Advisory Committee for January 9, 2016 and March 9, 2016; the Heritage, Beautification & Advisory Committee for March 3, 2016; the Museum Advisory Committee for February 25, 2016; the Parks & Recreation Advisory Committee for March 8, 2016; the Physician Recruitment Committee for March 9, 2016; the Police Services Board for January 20, 2016; the Special Awards Committee for March 23, 2016 and the Town Hall Steering Committee for March 10, 2016, as information. Carried Resolution #29 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson RESOLVED THAT the Town of Tillsonburg work towards assembling a committee of interested parties to work toward planning Canada 150 activities and events in the town. Carried 13.10. Minutes, LPRCA Minutes, April 6, 2016 Resolution #30 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Minutes of the LPRCA for April 6, 2016, as information. Carried 22 Council Meeting Minutes, April 25, 2016 - 13 - 14. Committee Minutes & Reports 14.1. SAC 16-01, Ontario Senior of the Year Award Special Awards Committee 16-01 Resolution #31 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council endorses the recommendation of the Tillsonburg Special Awards Committee regarding a nomination for the Ontario Senior of the Year Award; AND THAT Town Staff be directed to submit the formal nomination for Gayle Vermeersch to the Ontario Ministry of Citizenship, Immigration and International Trade. Carried 14.2. SAC 16-02, Favourite Son/Daughter Award Criteria Special Awards Committee 16-02 Favourite Son-Daughter CRITERIA Resolution #32 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council adopts the Criteria for the Town of Tillsonburg Favourite Son/Daughter Award, as recommended by the Special Awards Committee. Carried 15. Notice of Motions 16. By-Laws By-Laws from the Meeting of Monday, April 25, 2016 Resolution #33 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 16.1. THAT By-Law 4006, To Prohibit and Regulate the Fortification and Protective Elements to Land within the Town of Tillsonburg; AND THAT By-Law 4007, To regulate fences in the Town of Tillsonburg; AND THAT By-Law 4008, To regulate swimming pool enclosures in the Town of Tillsonburg, be read for a third and final reading and that the Mayor and the Clerk 23 Council Meeting Minutes, April 25, 2016 - 14 - be and are hereby authorized to sign the same and place the corporate seal thereunto. Carried Resolution #34 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 16.2. THAT By-Law 4011, Fire Service Dispatch Agreement; AND By-Law 4012, To Adopt the Town of Tillsonburg Commemorative Naming Policy; AND By-Law 4013, To Adopt the Town of Tillsonburg RCP Pricing Policy, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Resolution #35 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine 16.3. THAT By-Law 4014, To confirm the proceedings of Council at its meeting held on the 25th day of April, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 17. Items of Public Interest Keep Tillsonburg Beautiful Day, Saturday, May 7, 2016 from 9 a.m. to Noon at South Ridge Public School. The Tillsonburg Transfer Station will be opening Mondays from 2:30 p.m. to 5:30 p.m. starting May 1st, 2016. 18. Adjournment Resolution #36 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, April 25, 2016 be adjourned at 9:50 p.m. Carried 24 25 26 Council Presentation Oxford Health Coalition In conjunction with Ontario Health Coalition And Oxford Coalition for Social Justice Honourable Council Members, Mayor Ontario’s health care system has been cut to the point of crisis. The Ontario government has cut hospital global budgets for eight years, and we are now entering the ninth consecutive year of real-dollar hospital budget cuts, the longest period of cuts in our history. This means that hospitals are not able to keep up even with basic inflation. These are choices being made by the Ontario government, not necessities Ontario is currently ninth out of ten provinces when it comes to funding our hospitals – far below the average of the other provinces. As a result, Ontario has the fewest hospital beds of any province in Canada by far, and the most dangerously overcrowded hospitals. Ontario has less nursing care per patient than any province in Canada, and the gap is growing wider. · Ontario has the highest readmission rate in the country. Patients are being discharged too sick and end up back in the emergency department. Our readmission rate continues to go up every year. The evidence is overwhelming, that these are choices being made by the Ontario government, not necessities – virtually every other province is better than us on most if not all measures, which shows that our government could do better too. In our own community from 2012 to 2015 Alexandra Hospital we have seen our outpatient lab close, sending physicians and out patients to a private lab. Alexandra lost 9 complex continuing care beds and a further 13 complex continuing care beds were relocated to London Stratford General (which is accessed by some Oxford Residents as closest hospital) currently has only 21 medical beds for the entire community which has pushed 27 occupancy rate to over 100% This occupancy rate has led to the regular use of overflow beds and patients being transferred to distant sites making it difficult for families to visit. Tillsonburg District Memorial has had cuts of 16 continuing care beds with a further 14 beds moved to London In 2016 stroke care is to be eliminated from Woodstock General and 23 complex continuing beds will be moved to London In Oxford we are an admittedly under serviced area, with an aging population. With such a population, and the loss of essential beds and services, and the creeping unseen user fees charged by private industry, we can see that the future course this latest round of cuts will set us upon is not an enviable or viable proposition for our Hospitals, Physicians, Nurses, Staff, Patients, or their families. In light of the deep, unprecedented cuts announced in Ontario’s budget, on Monday, April 25th 2016 the Oxford Health Coalition joined the Ontario Health Coalition's launch of a province wide campaign to save local community hospital services. What are we doing? We are joining with communities across Ontario who are participating in a cross-province, volunteer-led referendum. We’ll need lots of support! This is a province-wide vote, led by volunteers in communities across Ontario. The goal is to get as many votes as possible in order to get the Wynne government to listen to regular Ontarians who do not want to see any more hospital cuts. We’ll have voting stations around the community, at corner stores, drug stores, other stores, cafes and malls that will be staffed by volunteers. We’ll also be holding workplace votes and advance voting stations. It would be ideal if local Councils could see their way to providing an advance poll in local offices, places where the community feels comfortable. We will be releasing the full list of voting stations to the public within the next few weeks. It is our hope that your Council will publicly support and aid our efforts. Thank You for Hearing our voices 28 Beyond Limits Ontario’s Deepening Hospital Cuts Crisis April 13, 2016 Ontario Health Coalition 15 Gervais Drive, Suite 604 Toronto, Ontario M3C 1Y8 Tel: 416-441-2502 Email: ohc@sympatico.ca www.ontariohealthcoalition.ca 29 2 30 Mission and Mandate Our primary goal is to protect and improve our public health care system. We work to honour and strengthen the principles of the Canada Health Act. We are led by our shared commitment to core values of equality, democracy, social inclusion and social justice; and by the five principles of the Act: universality; comprehensiveness; portability; accessibility and public administration. We are a non-profit, non-partisan public interest activist coalition and network. To this end, we empower the members of our constituent organizations to become actively engaged in the making of public policy on matters related to our public health care system and healthy communities. We seek to provide to member organizations and the broader public ongoing information about our health care system and its programs and services, and to protect our public health system from threats such as cuts, delisting and privatization. Through public education and support for public debate, we contribute to the maintenance and extension of a system of checks and balances that is essential to good decision-making. We are an extremely collaborative organization, actively working with others to share resources and information. Who We Are The Ontario Health Coalition is comprised of a Board of Directors, committees of the Board as approved in the Coalition’s annual Action Plan, Local Coalitions, member organizations and individual members. Currently the Ontario Health Coalition represents more than 400 member organizations and a network of Local Health Coalitions and individual members. Our members include: seniors’ groups; patients’ organizations; unions; nurses and health professionals’ organizations; physicians and physician organizations that support the public health system; non-profit community agencies; student groups; ethnic and cultural organizations; residents’ and family councils; retirees; poverty and equality-seeking groups; women’s organizations, and others. 3 31 4 32 Table of Contents Hospital Crisis Deepens: ........................................................................................................................... 7 Another Year of Cuts for Ontario’s Hospitals ...................................................................................... 7 Purposeful Underfunding Forced Dismantling of Community Hospitals ............................................. 8 Ontario Hospital Funding Lowest in Canada ...................................................................................... 8 2016 Budget: Eight consecutive years of global budget cuts ............................................................ 13 Change to funding formula squeezes community hospitals ........................................................... 13 What is the Bottom Line? .......................................................................................................................... 14 Disproportionate Cuts .......................................................................................................................... 15 Small, Rural, Northern & Amalgamated Hospitals Hit with Debilitating Cuts....................................................... 15 Cuts Reported in Large Urban Centres ......................................................................................................... 16 Cuts Reported in Mental Health Services ...................................................................................................... 17 Beyond Limits List of Hospital Cuts & Closures Across Ontario ........................................................ 19 Northern .................................................................................................................................................... 20 Eastern ..................................................................................................................................................... 25 Toronto ..................................................................................................................................................... 32 Central ...................................................................................................................................................... 37 South Western ........................................................................................................................................... 46 References ................................................................................................................................................... 57 5 33 6 34 Hospital Crisis Deepens: Another Year of Cuts for Ontario’s Hospitals A year has passed since the release of Code Red: Ontario’s Hospital Cuts Crisis, Ontario Health Coalition’s revealing report on the mounting cuts in Ontario’s hospitals and their adverse affects on patient care. In the past years, there has been no improvement. In fact, the cuts have deepened. Today, Ontario’s hospitals have been cut beyond limits. The evidence shows that no peer jurisdiction has undertaken such radical cuts to community hospitals. Canada’s Health Act entitles every Canadian citizen to publicly funded health care services, based on the principles of universality, comprehensiveness, portability, accessibility and public administration.1 However, eight consecutive years of real-dollar cuts to community hospitals’ global budgets has put hospitals in the position of making decisions based on dollars, instead of what is the best for patient care and the health of the community.2 Ultimately, patients and their families suffer. Lack of funding has lead to the delay of vital surgeries, elimination of front-line hospital staff, departmental cuts in various units, and threatened closure of entire hospitals. • The data from the Canadian Institute for Health Information (CIHI) has revealed that Ontario’s hospital readmission rate has increased from 8.3 to 9.1 per 100 patients since 2009-2010 through 2013-2014.3 This is an increase of 9.6% in just over four years.4 Ontario is above the national average, which is 8.9%, in re-admissions compared to Canada as a whole.5 • Patients are forced to travel longer distances, as integral services are cut and transferred to farther hospitals. • Ontario has continually seen a decrease in nurse to patient ratios, which threatens the quality care of patients. • Ontario’s hospitals are now dangerously overcrowded and understaffed, yet bed closures, staff lay-offs and service cuts continue. This overcrowding leads to poor patient outcomes, increased morbidity and mortality, infectious disease outbreaks, increased risk of medical errors and high patient dissatisfaction. • Virtually every service cut from local hospitals is privatized, subject to new user feeds, or moved further away. Furthermore, the massive number of cuts in the past years is leading to an increase in user fees and extra-billing of patients. Private clinics bill OHIP while charging patients in addition with two- tier user fees. Many of these patients are seniors who live on a limited income. Patients face early discharge to home care, or often, to home care wait lists where, too often, they do not receive the community care they need and instead have to face rationed, expensive and privatized health care. These trends are clearly against all principles of the Canada Health Act. 7 35 Purposeful Underfunding Forced Dismantling of Community Hospitals: Ontario Hospital Funding Among Lowest in Canada The cuts to Ontario’s hospital global budgets are a result of provincial budget choices, not necessities. By every measure, most or all provinces in Canada fund their hospitals at a better rate than Ontario. The evidence shows that Ontario and Quebec are funding their hospitals far less per person than the rest of the provinces. For the last several years, Ontario and Quebec have been virtually tied in last place in Canada for hospital funding, for below the average of the other provinces. Table 1: Ontario & Quebec Compete for Last Place in Hospital Funding Public Hospital Funding Per Person, 2015 Current $ Newfoundland & Labrador $2,406 Alberta $2,245 Prince Edward Island $1,995 New Brunswick $1,971 Nova Scotia $1,907 Manitoba $1,818 British Columbia $1,797 Saskatchewan $1,761 Ontario $1,419 Quebec $1,382 Average of the other provinces $1,920 Difference between Ontario and the average of the other provinces Ontario funds hospitals at $501 per person less Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 8 36 As of 2015, Ontario’s public hospital funding as percentage of provincial gross domestic product is second lowest in Canada at 2.64% and considerably below the provincial average of 3.59%. Table 2: Ontario 2nd Last in Country- Public Hospital Funding as a Percentage of Provincial GDP Public Hospital Funding as % of Provincial GDP 2015 PEI 4.73 % New Brunswick 4.45 % Nova Scotia 4.31 % Newfoundland & Labrador 3.82 % Manitoba 3.59 % British Columbia 3.35 % Quebec 2.97 % Alberta 2.67 % Ontario 2.64 % Saskatchewan 2.38 % Average of the other provinces 3.59 % Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 As a measure of the provincial budget --that is, spending on all public programs and services— Ontario’s funding for public hospitals shows as low relative to our peers. We are 8th out of 10 provinces in hospital funding as a share of total funding for all public services. Table 3: Ontario Near Bottom of Country- Public Hospital Funding as Percentage of All Provincial Program Funding Public Hospital Funding as % of All Provincial Program Funding 2014 Nova Scotia 20.72 % British Columbia 19.44 % New Brunswick 18.95 % Alberta 18.91 % Newfoundland & Labrador 18.61 % Manitoba 17.94 % PEI 17.56 % Ontario 15.34 % Saskatchewan 14.73 % Quebec 11.16 % Average of other provinces 17.56 % Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 9 37 As a result of decreased provincial funding and massive bed cuts, large numbers of Ontario’s hospitals, are in “code gridlock”, which means that hospital beds are at full capacity. In fact, a sampling of bed occupancy rates from the final quarter of 2013 reveals that hospital beds are not only full, but are beyond capacity. Currently, Ontario only has to 2.3 hospital beds per 1000, which is significantly lower than many provinces’ averages of 3.5 hospital beds per 1000.6 This means Ontario has 16,440 less hospital beds than the average.7 Ontario has cut more than 18,000 hospital beds since 1990.8 Table 4: Ontario Ranks at the Bottom of the Country – Hospital Beds Per Population Hospital Beds Per 1000 (population) By Province 2013-14 Newfoundland & Labrador 4.6 New Brunswick 3.8 Saskatchewan 3.6 Nova Scotia 3.4 Manitoba 3.3 PEI 3.3 British Columbia 3 Alberta 2.8 Ontario 2.3 Average of other provinces 3.5 Source: Canadian Institute for Health Information, Data Table: Hospital Beds Staffed and in Operation 2013-14. Population statistics from Canadian Institute for Health Information, National Health Expenditures Database 2015. 10 38 Table 5: Ontario Ranks Near Bottom of entire OECD –Hospital Beds Per Hospital Beds Per Population Table 6: Ontario Hospitals Beyond Capacity 9 Source: OECD, Health Statistics 2015 at http://stats.oecd.org/Index.aspx?DataSetCode=HEAL TH_REAC Sampling of Hospital Bed Occupancy Rates (Final Quarter 2013) Napanee/Lennox/Addington 123 % Sault Ste Marie area 114 % Toronto Hosp. for Sick Kids 110 % Toronto Central 110 % London Health Sciences Centre 108 % Exeter South Huron 106 % Burlington Joseph Brant 106 % Hamilton Niagara Haldimand Brant 106 % Niagara Health System 104 % Windsor Hotel Dieu Grace 101 % Erie St. Clair 101 % Oakville Halton Health 101 % Mississauga Halton 101 % The Ottawa Hospital 101 % Barry's Bay St Francis 101 % Thunder Bay Regional 100 % Newmarket Southlake Regional 100 % OECD Hospital Beds Per 1000 Population 2013 Japan 13.3 Korea 11.0 Germany 8.3 Austria 7.7 Hungary 7.0 Poland 6.6 Czech Republic 6.5 France 6.3 Belgium 6.3 Slovak Republic 5.8 Luxembourg 5.1 Estonia 5.0 Finland 4.9 Greece 4.8 Switzerland 4.7 Slovenia 4.6 Norway 3.9 Australia 3.8 Italy 3.4 Portugal 3.4 Iceland 3.2 Israel 3.1 Denmark 3.1 Spain 3.0 United States 2.9 Ireland 2.8 New Zealand 2.8 United Kingdom 2.8 Canada 2.7 Turkey 2.7 Sweden 2.6 Ontario 2.3 Chile 2.2 Mexico 1.6 OECD Average 4.8 11 39 The continuous lack of funding has forced hospitals to cut vital front line and support staff, which include nursing, social work, lab, cleaning and other support and health professionals’ services important to patient care. These cuts have negatively impacted Ontario’s nurse-to patient ratio, making it the worst in Canada. Ontario has significantly lower nursing hours per patient than other provinces, at a rate of 42.81 hours per hospital weight case, compared to the national average of 48.2 hours per hospital weighted case.10 This includes registered nurses’ and registered practical nurses’ care. Table 7: Ontario Nurse-to-Patient Ratio Worse in Canada Nursing Inpatient Services Total Worked Hours per Weighted Case 2007- 2008 2008- 2009 2009- 2010 2010- 2011 2011- 2012 NFLD 52.2 53.26 54.48 55.9 52.9 PEI 83.48 N/R 62.19 62.46 61.66 N. S. 56.79 57.34 U U 54.95 N.B. 54.98 55.46 56.26 57.29 58.13 Quebec 49.73 50.06 50.82 50.73 52.47 Ontario 44.98 44.76 43.71 42.81 42.88 Manitoba 54.41 54.27 53.87 53.06 53.97 Sask. 49.37 51.42 51.28 52.95 54.18 Alberta 54.12 54.65 54.52 54.24 54.36 B.C. 44.24 45.27 45.03 45.87 46.27 NWT U 83.05 88.51 69.48 N/R Yukon 48.84 48.97 50.25 56.31 54.51 Weighted Average 48.59 48.8 48.36 48.2 48.98 Source: Canadian Institute for Health Information, 2013. 12 40 2016 Budget: Eight consecutive years of real- dollar global budget cuts Ontario’s government has been claiming that it has increased public hospital funding this year by 2.1 per cent. This would not be sufficient to meet population growth and health care inflation levels, even were it true. But the truth is that most of Ontario’s hospitals are not getting anywhere near a 2.1 per cent funding increase. The fact is that Ontario’s 2016 budget leaves Ontario’s hospitals the ninth consecutive year of real-dollar global hospital budget cuts unless the government changes course. To be clear, in the 2016 Ontario Budget, global hospital funding is not increasing by 2.1 per cent. It is increasing by 1 per cent. Ontario’s government had frozen hospital funding for the last four years with 0 per cent increases for global budgets. It has now moved off of the freeze but the fact remains that the 2016 budget prescribes another year real-dollar budget cuts for most hospitals because funding does not keep pace with inflation. Given the losses over the last decade and the deep hole that many hospitals now find themselves in, another year of real-dollar cuts will only deepen Ontario’s hospital cuts crisis. At the same time as setting real-dollar global funding cuts, Ontario’s government has changed the hospital funding formula. As a proportion of total hospital funding, global funding (which covers overhead costs and general hospital operational costs) has been shrinking. Today, global funding is only 1/3 of hospital budgets. The hospital global funding crunch accounts for a great deal of the hospital cuts that we are seeing across Ontario. Change to funding formula squeezes community hospitals Ontario’s government has changed the hospital funding formula. The government has been steadily shifting money for procedures like cataract and hip & knee surgeries to force these services to be centralized into fewer towns. The government is purposely underfunding community hospitals to force them to reduce the scope of services that they provide. Each hospital has to specialize in fewer and fewer services. Birthing units, mammography, complex continuing care beds, acute care beds, operating rooms, and all kinds of other services are closing down from a combination of real-dollar cuts to global funding and shifting monies that are tied to procedures. Patients have to drive from town to town to access care. The result? Across Ontario community hospitals have been gutted. In addition, the new funding formula is taking money out of communities to shift it to high-growth areas, even if the hospital budgets in the communities’ losing funding are already too low to meet their needs. Currently, the new funding formula means: • Approximately 1/3 of hospital funding goes to global (overall) hospital budgets. • The other 2/3 is made up of HBAM funding (Health Based Allocation Method --which takes money from some communities to move it to high growth areas) and pay-for- procedure funding (which is specified for cataract, hip & knee surgeries and other volume-based procedures and unused portions must be returned if volumes are not met). Note: even for high-growth areas, HBAM funding does not meet population growth and inflation needs. 13 41 There is other hospital funding that is specifically directed to cover post-construction operating costs and special funding envelopes directed specifically for specialized care such as organ transplants or children’s hospitals, but that funding only goes to those select procedures in those select hospitals. What is the Bottom Line? Ontario hospitals are being cut. Across the board, hospital budgets’ global funding increase this year is less than 1 per cent. This is far below the consumer rate of inflation which is projected to be 1.8 per cent this year and 2 per cent in 2017 (and the health care inflation rate is significantly higher than general consumer price index increases). This follows four years of 0 per cent funding increases. It is the ninth consecutive year of real-dollar hospital cuts, meaning that hospital global funding increases have not even met the rate of inflation. This forces local hospitals to cut ever more services. A minority of hospitals – usually larger hospitals and those in high growth areas and those that have highly specialized services like provincial childrens’ hospitals or those that do organ transplants – will get a 2.1 per cent funding increase this year. Even so, this rate is not enough to meet their population growth and inflationary costs. In addition, the provincial government is continuing with its funding formula changes to force the dismantling of community hospitals as we know them, to force specialization and centralization of care into fewer locations with patients forced to travel further for services. 14 42 Disproportionate Cuts Small, Rural, Northern & Amalgamated Hospitals Hit with Debilitating Cuts Northern Hospitals Northern and small town hospitals in Ontario are experiencing a disproportionate amount of cuts. Across the northeast, hospitals from Timmins to Sault Ste. Marie, Sudbury and North Bay have seen enormous cuts. For example, Matthews Memorial Hospital on St. Joseph’s Island is at risk of closing their emergency department. The current plan, if not stopped, is to close the 24 hour emergency department and to open an Urgent Care Unit, which is essentially a walk-in clinic, from 7 a.m. to 7 p.m.11 Matthews Memorial Hospital provides 24 hour emergency services to a catchment area from Echo Bay to Bruce Mines, including St. Joseph Island and traveling patients across central Algoma.12 In 2015, 133 ambulance calls were received after 7 p.m. at Matthews Memorial Hospital. If their emergency department is closed, patients will have to drive an hour to Sault Ste. Marie. However, Sault Area Hospital is suffering from these cuts as well, with devastatingly long wait times in the emergency department. Patients, on average, wait 28 to 30 hours in the emergency department, with 1 in every 10 patients waiting over 48 hours.13 15 to 20 patients are often seen waiting for inpatient beds and some reports of admitted patients reveal a wait time of 146 hours, which is equivalent to 5.8 days.14 Due to the consistent overcrowding, patients are seen in stretchers along the hallways, in lounges, and in storage areas with no access to call beds and oxygen outlets.15 Small Community Hospitals Small hospitals have been the victims of devastating and disproportionate cuts, In some communities, entire hospitals have been closed down. In others, hospital services have been gutted, leaving once proud and vibrant community hospitals mere skeletons of their former selves, robbed of all but a few core services. For example: • Sydenham District Hospital in Wallaceburg is also at risk of losing their entire emergency department.16 • Georgian Bay General Hospital (GBGH) in Midland is at risk of closing their entire obstetrics unit, along with the proposed reduction in medical and intensive care unit beds, and the number of surgeries.17 18 • Next door, Penetanguishene’s hospital lost all its inpatient services two years ago..19 • Niagara-On-The-Lake Hospital closed down all inpatient services in 2015. • For instance, North Bay Regional Health Center in North Bay is currently facing numerous cuts to the hospital which have led to proposed elimination of services. There is no policy to support the closure of rural hospitals. The government does not have a mandate to pursue this plan. There is no effective transportation system, no plan to mitigate 15 43 increased patient risk, and no methods of addressing the difficulty in access resulting from these deep cuts. Community hospitals are essential in the safety and effectiveness of acute care services and community health. The moratorium on hospital closures and policy should be reinstated and redeveloped to restore community hospital services across the province. Cuts Reported in Large Urban Centres This year, the impact of insufficient hospital funding has also impacted hospitals in large urban centres. There have been cuts across the board in these hospitals, ultimately negatively affecting patient care. As a result of these cuts, the prominent trends have appeared in hospitals located in large urban centres: • Cancelled surgeries due to lack of funding or no beds for patient recovery. • Closure of Operation Rooms, even though operation room is vitally needed. • Emergency room overcrowding. • Bed and entire department closures regardless of community need. • Crisis-level overcrowding. • Systematic closure and privatization of outpatient services • Layoffs of vital health professionals and support staff. • Extremely high workloads. • Patients discharged when they are too frail. • Code Gridlock. • High rate of readmissions. The scale of these cuts is unprecedented. Despite irrefutable evidence that these hospitals are running at extremely high levels of overcrowding, cuts are continuing: • Hamilton Health Sciences eliminated 100 full-time jobs due to a $30 million budget deficit.20 21 They are considering closing one entire hospital within the next ten years.22 • London Health Sciences planned to make $32 million cuts to balance its budget. These cuts occurred in various departments, including vascular cardiology, mental health, intensive care, oncology, and stroke rehabilitation. In 2015, 97 full-time nursing health care and support staff positions were eliminated, which is equivalent to 190,000 hours of patient care and support lost per year. • In Hamilton, St. Joseph’s Health planning to cut 136 jobs and closing two clinics in an attempt to balance $26 million budget deficit. In addition, six respiratory rehabilitation beds were eliminated and community health services were discontinued. Furthermore, the organization has planned to eliminate four RNs in neonatal intensive care, a unit with vulnerable, unstable and unpredictable infants that require skills within the RN scope. However, this decision was stopped by a strong public outcry.23 • In Windsor, cuts are proposed to every department and floor. More than one hundred and sixty Registered Nurse positions are being eliminated24 16 44 Cuts Reported in Mental Health Services Mental health services have recently faced cuts, devastating for an already vulnerable population. For example: • In Northern Ontario, the Mental Health Rehabilitation Unit was slated for closure at North Bay Regional Health Center.25 • Health Sciences North in Sudbury experienced departmental cuts across the Ontario, including in-patient psychiatry, mental health services and the emergency department. • In Hamilton, St. Joseph’s Health System is closing their east end general psychiatric clinic, which serves 30% of total visits in the region for patients with addiction, depression, anxiety and psychiatric disorders. The hospital officials are aware that this consolidation of 2757 King St. E services to St. Joe’s West 5th psychiatric hospital will pose transportation challenges for patients, fewer staff, and patient hardships.26 • In London, cuts to emergency department services have seriously impacted patients with mental illness. London Health Science’s Emergency Department currently reached it capacity, resulting in staff converting a classroom in Victoria’s Hospital into an emergency ward for the mentally ill.27 Another night, 22 mentally ill patients were waiting for open beds in the psychiatric ward, where another 22 patients who no longer needed to occupy a bed were unable to offer the beds because no one in the community were ready to look after them. The crisis center reached capacity within 24 hours of opening because there is not enough mental health care centers in the community.28 Patients with mental illness had to sleep on the ER floor due hospital being overcrowded. 17 45 18 46 Northern Ontario Beyond Limits: List of Hospital Cuts & Closures Across Ontario 2012-2016 19 47 Northern Ontario Northern Health Sciences North Sudbury Cuts Reported in 2015 • 4 surgical beds to be cut.29 These cuts are on top of years of bed cuts that have increased hospital overcrowding to dangerous levels. Hospital staff report that the hospital is frequently running above full capacity with patients on stretchers in hallways waiting for beds. • Cuts to vital patient support services, including hospital cleaning. • Cuts across hospital departments, including in-patient psychiatry, day surgery, the surgical units, obstetrics, mental health services, oncology, critical care and the emergency department. • The staffing cuts to date equate to 85,000 hours of nursing and direct patient care per year. We expect to hear more of the cuts to health professionals’ services soon.30 • RPN positions eliminated.31 • 35 full-time equivalent non-management positions or 1% of unionized positions and 6.4 full-time equivalent management positions or around 3% of total management employees to be cut.32 Cuts Reported in 2012 • $3.5 million deficit.33 • 60 beds to be cut. These would be the last beds remaining in the Memorial site.34 • 30 beds to be cut at the Functional Assessment and Outcome Unit at the Sudbury Outpatient Centre (formerly the Memorial site). Planned cut of o remaining 30 beds.35 36 Lake-Of-The-Woods District Hospital Kenora Cuts Reported in 2015 • Reported deficit of more than $1.1 million.37 • The hospital closed five beds, reducing the amount of beds from 76 to 71.38 Matthews Memorial Hospital Richards Landing Cuts Reported in 2016 • Proposed closure of emergency department.39 • Proposal to have an “Urgent Care Center”, which is essentially a walk-in clinic, open for 12 hours a day.40 Without an emergency department, there is no hospital. This proposal threatens the future of Matthews Memorial Hospital. 20 48 Northern Ontario North Bay Regional Health Centre North Bay Cuts Reported in 2016 • Cuts to outpatient laboratory services began February 16. The services will only be provided to patients receiving direct care and visiting NBRHC associated clinics. 25% of outpatient services will be impacted.41 Two part-time and 3 full-time technician positions to be eliminated.42 • 354 positions cut and dozens of beds eliminated in the last three years (2013-2016).43 44 Cuts Reported in 2015 • $50 million cut over the last 3 years, resulting in cuts to nursing, emergency, cleaning, portering, cataract surgery, psychiatric care and forensic units.45 • $5.1 million cut from its budget.46 • Closure of Mental Health Rehabilitation Unit announced.47 • 60 beds closed, dramatically affecting patient care.48 • 8 surgical beds and 8 medical beds to be cut. • 158 full-time equivalent positions cut, including allied health workers such as social workers, dietitians, occupational therapists, as well as nurses and cleaning staff.49 50 • 55 full-time and 20-part-time positions cut, in addition to 25 non-union jobs already cut.51 • 94 full-time and 34 part-time hospital employees cut in the last three years.52 • Staffing equivalent to 80,000 hours of direct patient care per year to be cut. Cuts Reported in 2014 • $7 million in cuts planned.53 • 60 beds to be cut to trim an $18 million deficit54, including 22 acute care beds and 37 complex continuing care/specialized mental health beds.55 • 34 positions to be cut.56 • Downsized its fleet of vehicles and telecommunications by 50%.57 Cuts Reported in 2013 • 40 nursing positions eliminated to counter a $14 million deficit (equivalent to 80,000 hours of patient care per year).58 • 20 nursing positions to be cut in assessment, rehabilitation, and mental health units.59 21 49 Northern Ontario Sault Area Hospital Sault Ste. Marie Cuts Reported in 2016 • One part-time Bone Health Nurse position cut due to a cease in funding. • Child life professional position eliminated. This role is vital to children, as they are the ones who help children through uncomfortable procedures and describes the process of care to them in suitable language. This decision was made without consultation with paediatricians, and was not announced. • 2 full-time registered nurse positions cut in Maternity Unit and Surgical Day Care. • Due to cuts, it takes nurses 15 to 20 minutes to respond to a patient’s call bell. • On February 17, 2016, SAH CEO reported that their performance for time taken to get patients that have been admitted to their bed is among the worst in Ontario.60 • Continuous problems in the Emergency Department:61 o Average wait time in the neighbourhood is approximately 28 to 30 hours. o 1 in every 10 patients waits over 48 hours for a bed. o There are frequently 15 to 22 patients waiting for inpatient beds. o There have been reports of admitted patients waiting 140 hours (5.8 days) for a bed. o Due to overcrowding, patients have to stay in stretchers along hallways, in lounges, and in storage areas with no access to call bells and oxygen outlets. o In January, 10 to 30 patients were seen waiting in the emergency room for beds on a regular basis. • Despite these continuous problems, Wing 1B, a 30 bed medical unit, remains closed as of February/March, because they are “non-funded” beds.62 • On March 14th, 40 bed acute medical unit converted into a 30 bed acute medical/short stay unit and 10 overflow beds. • Patients are frequently discharged early, regardless of the appropriate care services in their community and home. Premature discharge leads to hospital readmission.63 • Due to staffing shortages, food delivery staff only have a few minutes to distribute all the meal trays on the floor. There is often not enough time to set up all the trays for patients, resulting in patients going hungry.64 Cuts Reported in 2015 • Closure of 56 beds proposed, including 20 in acute care.65 • 59,000 nursing and direct patient care hours per year to be cut,66 across the hospital, including operating rooms, intensive care unit, oncology, surgery, hemodialysis, infection control, patient care coordination, nursing and personal support, and others. • 35 full-time and 7 part-time positions to be cut due to a $10 million shortfall.67 22 50 Northern Ontario • One infection control nurse, 2 full-time oncology nurse navigators, and 4 patient care coordinators have been eliminated.68 • Over 45,000 hours of hands-on nursing care cut per year.69 Cuts Reported in 2014 • The hospital is chronically overcrowded. It is the second most crowded hospital in Ontario with an occupancy rate of 114%.70 Cuts Reported in 2013 • Matthews Memorial Hospital de-amalgamated from Sault Ste. Marie and joined Blind River District Health Centre in 2013.71 St. Joseph's Care Group Lakehead Psychiatric Hospital Thunder Bay Cuts Reported in 2012 • 28 geriatric unit beds closed and cut 22,000 hours of direct patient nursing care.72 73 St. Joseph's Hospital Thunder Bay Cuts Reported in 2014 • 11 RPN positions to be cut.74 St. Joseph's Continuing Care Centre of Sudbury Sudbury Cuts Reported in 2014 • 2.8 full-time equivalent RPN positions (equates to 5,600 hours of patient care per year) to be cut.75 Temiskaming Hospital New Liskeard Cuts Reported in 2014 • 50% of operating room time to be closed. 18,000 hours of nursing care to be eliminated. Cleaning and cafeteria to be reduced.76 • Cut one full-time position from the sterile processing department.77 23 51 Northern Ontario Thunder Bay Regional Health Sciences Centre Thunder Bay Cuts Reported in 2015 • Deficit of $6 million.78 Cuts Reported in 2014 • Cut 5.5 full-time nursing positions from the emergency department (equivalent to 11,000 hours of patient care per year).79 Timmins and District General Hospital Timmins Cuts Reported in 2014 • 26 beds and 40 full-time positions to be cut due to a $4.5 million deficit.80 o 10 positions to be cut through attrition and reduced hours. o 12-15 positions to be cut through early retirement.81 • Announced cuts of 26 beds.82 24 52 Eastern Ontario Eastern Almonte General Hospital Almonte Cuts Reported in 2015 • 6 full-time and 4 part-time registered practical nurses were cut (equivalent to 10,000 hours of patient care lost per year).83 Brockville General Hospital Brockville Cuts Reported in 2015 • Deficit reported to be around $1.8 million to $1.9 million.84 • Maternity unit (birthing) threatened with closure due to deficit.85 • Reduction of more than 26 full-time positions announced in July, including registered nurses, registered practical nurses, personal support workers and support service jobs, equivalent to 16,000 hours of hands-on care cut.86 • Major direct care cuts to intensive care unit, operating room, complex care, palliative care, emergency, the stress test clinic, day surgery, diagnostic imaging, medical/surgical, and the switchboard.87 • Services impacted by cuts: ACU, OR, ICU, Med Surg, Complex Care, Palliative Care, Emergency, Stress Test Clinic, Nurse Practitioner, Diagnostic Imaging, Switchboard, Day Surgery. • Cut nursing positions: o ICU –one full-time RN eliminated (existing charge nurse role) 1.2 FTE. o Outpatient Clinic – 1) elimination of part-time Nurse Practitioner .5 FTE 2) reduction in hours to 2 part-time RNs totalling .4 FTE. o Rehab/Palliative Care – elimination of one part-time RN .4 FTE. o Emergency – reduction in hours to 5 part-time RNs 4.2 FTE. o Surgical Services – elimination of one full-time RN, elimination of one part-time RN, 6 part-time RNs reduction in hours 2.4 FTE. Cuts Reported in 2012 • Reported deficit of $1.6 million with a projected shortfall of $2.2 million.88 Bruyere Continuing Care Inc. Élisabeth Bruyère Hospital Ottawa Cuts Reported in 2015 • 30 cleaners and 12 dietary staff positions to be cut.89 25 53 Eastern Ontario Cuts Reported in 2012 • 28 jobs, cafeteria hours, and laundry services to be cut. This is to eliminate a 3.1 million deficit.90 • 120-150 positions to be cut between 2012-201491; including 20 personal care attendants who worked in rehabilitation and palliative care.92 • Closure of 10 geriatric rehabilitation, 10 stroke rehabilitation, and 5-10 palliative beds proposed.93 Campbellford Memorial Hospital Campbellford Cuts Reported in 2013 • Forecasted deficit between $360,000 and $492,000 and planned staff cuts.94 Children's Hospital of Eastern Ontario (CHEO) Ottawa Cuts Reported in 2015 • 50 nursing positions to be cut due to a $6.7 million budget shortfall for 2015-16.95 • 2-3% of its 1,750-staff labour force to be cut to cover a budget shortfall.96 • Hospital departments affected by these cuts include neonatal intensive care, pediatric intensive care, ambulatory care, in-patient surgical and medical units.97 • Proposed cuts will equate to 90,000 hours of RN care per year loss for pediatric patients.98 • Cut 15 positions, 10 of which are in management Hôpital Montfort Ottawa Cuts Reported in 2012 • Reported a $1.2 million shortfall.99 Northumberland Hills Hospital Cobourg Cuts Reported in 2016 • The equivalent of 13.17 full-time equivalent positions and direct patient care and support services to be cut as part of a restructuring plan. The planned cuts could affect nursing staff, laboratory staff, physiotherapists, respiratory therapists, hospital support workers, housekeeping, maintenance, and clerical workers.100 26 54 Eastern Ontario Cuts Reported in 2014 • Closure of public cafeteria on weekends proposed.101 • Reduction of ambulatory clinic and operating room hours proposed.102 Cuts Reported in 2011 • 26 beds to be cut. • Diabetes Education Centre, outpatient physiotherapy, and occupational therapy to be closed, forcing thousands of patients to drive to Peterborough or Ottawa for physiotherapy or find a private clinic in Oshawa. As a result of the community fightback, many of the cuts were rolled back, but not all were stopped. The Ottawa Hospital Ottawa Cuts Reported in 2015 March Cuts • $26 million in cuts, including 35 full-time positions to be eliminated in the first round of cuts. Planned cuts include the following103: • 13 full-time vacant positions. • 5.2 full-time equivalents in nursing (10,400 hours of patient care per year). • 9.1 full-time equivalents in unionized administration/support. • 4.2 full-time equivalents in other health professionals. • 3.2 full-time equivalents in non-unionized admin.104 May Cuts • 87.96 full-time equivalent positions to be cut in an effort to cut $12 million. Of these positions, 25.83 are vacant positions that were eliminated, according to hospital. • The net positions cut include105: • 13.56 full-time equivalents in unionized administrative and support services. • 32.57 full-time equivalents in other health professionals (physiotherapy, clinical nutrition, social work). • 3 full-time equivalents in nursing. • 13 full-time equivalents in non-unionized administrative positions. Cuts Reported in 2014 • Closed the endoscopy clinic106 at the Riverside site. Some of these services were privatized to for-profit clinics. • Shortened the discharge of mothers from 48 hours to 24 hour after delivering a baby, therefore, increasing risk of neonatal mortality and morbidity.107 27 55 Eastern Ontario o Recommended discharge is 36 hours.108 Cuts Reported in 2013 • Deficit of $31 million.109 • Cut services at the endoscopy unit110 at the Riverside site.111 • 290 jobs to be cut. These include 90 nursing jobs, 100 administrative positions, 100 health professionals (e.g., social workers, psychologists, physiotherapists).112 This proposal could mean a cut of 4,000 cataract surgeries per year, decreased cafeteria hours, and reduced outpatient services.113 114 Cuts Reported in 2012 • 16 beds to be cut due to a $23 million deficit.115 • 1,600 cataract surgeries per year to be cut.116 • 96 jobs to be cut, including 66 support staff, 4 nursing jobs, and 24 therapist/technologist positions.117 Perth and Smiths Falls District Hospital Perth & Smiths Falls Cuts Reported in 2014 • Cuts to hip, knee and cataract surgeries, the day hospital, palliative care, physician recruitment and non-emergency surgery proposed.118 Cuts Reported in 2013 • 12 beds to be cut, which include 6 beds at each site to find 6% in savings. Proposed cuts include physiotherapy and more than three full-time positions at the hospital.119 • Pulmonary rehabilitation program to be eliminated.120 • Physiotherapy and day hospital services to be cut.121 Cuts Reported in 2012 • $4 million to be cut, affecting day hospital services, domestic/sexual assault program, diagnostic imaging, nursing, support services, paramedical and office staff.122 Pembroke Regional Hospital Pembroke Cuts Reported in 2015 • Closed 5 medical and 2 paediatric beds due to a budget deficit.123 • Outsourcing of sterilization of surgical instruments to a Toronto company proposed. Unfortunately, the experience with this company is not positive, 28 56 Eastern Ontario with blood and bone matter found on instruments returned from this service.124 Peterborough Regional Health Centre Peterborough Cuts Reported in 2012 • Hospital announced it had accumulated $90 million in capital debt.125 Providence Healthcare Kingston Cuts Reported in 2013 • 80-90 full-time and part-time jobs to be cut in spring, which is equivalent to approximately 60 full-time jobs.126 • Hospital departments that may be affected include nursing, housekeeping, clinical & support services, and food services • Reduction of in-patient wards to 120 beds127 announced with the target of only 104 beds by spring 2014. Queensway-Carleton Hospital Queensway-Carleton Hospital Ottawa Cuts Reported in 2012 • Faced a budget shortfall of over $2 million.128 Quinte Healthcare Corporation Cuts Reported in 2015 • 86 staff positions to be cut, mainly registered nurses, across all sites129 • 33 full-time and 12 part-time registered nurses to be cut (equivalent to 100,000 of hands-on care lost).130 • 9 non-union jobs were cut, and approximately 30 unionized jobs may be cut.131 Cuts Reported in 2013 • Quinte sought to cut a $15 million.132 • Proposal to cut a total 25 beds in Picton, Trenton and Belleville.133 Cuts Reported in 2012 • Cuts to outpatient physiotherapy proposed.134 135 29 57 Eastern Ontario Belleville General Hospital Belleville Cuts Reported in 2013 • 11 beds to be cut, leaving 198 remaining.136 Prince Edward County Memorial Hospital Picton Cuts Reported in 2014 • 3 beds to be cut.137 Cuts Reported in 2013 • 9 beds to be cut, and endoscopy programs cancelled.138 • Closure of entire maternity ward in August.139 Trenton Memorial Hospital Trenton Cuts Reported in 2015 • 2,400 surgeries in Trenton in urology, gynaecology, and dentistry cut.140 Patients now must have to travel to Belleville for these surgeries. Cuts Reported in 2013 • 5 inpatient beds to be cut and the laboratory and outpatient physiotherapy eliminated.141 Renfew Victoria Hospital Renfew Cuts Reported in 2014 • Birthing and obstetrics units closed. Resulted in 7 nurse layoffs and 2 beds cut.142 30 58 Eastern Ontario Ross Memorial Hospital Kawartha Lakes Cuts Reported in 2016 • Closing one end of the surgical unit. • Proposed bed cuts to the surgical unit. • 1 operating room to be closed. • Laboratory and housekeeping facing cuts. • Microbiology and pathology laboratory tests being moved to Peterborough. Cuts reported in 2015 • Cataract surgery operating room time cut by 25% resulting in the cancellation of 150 appointments. Cuts reported in 2014 • Cataract surgeries suspended for the month of March. St. Francis Memorial Hospital Barry’s Bay Cuts Reported in 2015 • 1 registered nurse to be cut.143 31 59 Toronto & GTA Toronto Centre for Addiction and Mental Health – CAMH Toronto Cuts Reported in 2016 • RN cuts announced.144 Cuts Reported in 2015 • 20% reduction in funding of The Toronto Drug Treatment Court (run out of CAMH), which previously had a budget of $750 000.145 • 3 ½ staff positions cut throughout the years.146 Cuts Reported in 2012 • Physiotherapy services eliminated.147 Holland Bloorview Kids Rehabilitation Hospital Toronto Cuts Reported in 2012 • Lack of federal and provincial funding left hospital heavily reliant on private donations for equipment.148 Cuts Reported in 2010 • The hospital posted a $1.1 million deficit in spring.149 Humber River Regional Hospital Humber River Regional Hospital originally had three hospitals sites, Keele, Church and Finch, however, it has been reconstructed into one site, the Wilson site. Humber River Regional Hospital – Church Site Toronto Cuts Reported in 2016 • The site closed on October 2015. Services lost included emergency, geriatric and mental health services. It temporarily re-opened in March 2016 for dialysis, out-patient physiotherapy and Community Care Access Center wound and skin clinic. The North West Toronto Family Health group will move to this site.150 151 32 60 Toronto & GTA Humber River Regional Hospital – Keele Site Toronto Cuts Reported in 2016 • Site permanently closed.152 50 beds closed offering psychiatric and acute mental health services.153 • All mental health programs and services moved to Wilson site. • Physiotherapy, CCAC, and dialysis services moved to Church Site.154 Humber River Regional Hospital – Finch Site Toronto Cuts Reported in 2016 • Converted to “Urgent Care Centre”, this is not a hospital. This is equivalent to a walk-in clinic.155 156 MacKenzie Richmond Hill Hospital Richmond Hill Cuts Reported in 2012 • Outpatient mental health program services reduced.157 Mount Sinai Hospital Toronto Cuts Reported in 2016 • 59 RN positions cut.158 Ontario Shores Centre for Mental Health Sciences Whitby Cuts Reported in 2015 • Additional 12 beds in the Psychiatric Rehab B inpatient unit to be cut.159 Cuts Reported in 2014 • 13 beds in the Psychiatric Rehab B inpatient unit to be cut.160 Cuts Reported in 2013 • 47 positions cut.161 o 31 full-time positions. o 16 part-time positions. • Decreased hours at dental clinic (from 4 days/week to 2 days/week). 33 61 Toronto & GTA Cuts Reported in 2010 • 52 positions cut, affecting areas in adolescent inpatient services and the dual diagnosis service unit.162 • 14 personal care aides on forensic unit to be cut.163 Rouge Valley Health System Rouge Valley Centenary Hospital Toronto Cuts Reported in 2013 • Cataract surgery services cut. o Patients must travel to private clinics, The Scarborough Hospital Birchmount Campus or Lakeridge Health in Bowmanville.164 Runnymede Healthcare Centre Toronto Cuts Reported in 2016 • 32 full-time and 35 part-time/casual registered nurse positions to be cut to only 14 full-time and 20 part-time/casual positions (equivalent to 82,000 hours of RN care cut to only 41,000 hours per year).165 Southlake Regional Health Care Newmarket Cuts Reported in 2015 • 17 registered nurse positions (equivalent to 32,000 hours of RN care per year) to be cut.166 St. Joseph's Health Centre Toronto Cuts Reported in 2012 • After-hours, pain, cardiac rehabilitation and audiology clinics closed.167 The Scarborough Hospital The Scarborough General Hospital Toronto Including Birchmount Campus Cuts Reported in 2013 • Closure of two operating rooms, 5 emergency beds and 20 surgical beds announced.168 169 34 62 Toronto & GTA • Arthritis clinic closed in June. • Approx. 200 staff positions cut, including nurses, health professionals and support staff.170 This is equivalent to 345,000 hours of nursing, therapies and support services. • Staff cuts proposed in 30 departments, including cardiorespiratory, critical care, spiritual and religious care.171 • Attempted to close birthing, maternal and childcare, and pediatrics at one campus172 • Centralization of chronic kidney disease and dialysis clinics to the Scarborough General site proposed.173 • Hospital had $17 million budget shortfall.174 175 • Daybed reduction, less spending on non-urgent transportation and outpatient electroencephalograms.176 Cuts Reported in 2012 • 85 unionized staff positions to be cut, including 60 nurses in February.177 Toronto East General Hospital Toronto Cuts Reported in 2012 • Closed the physiotherapy clinics.178 Trillium Health Partners Mississauga Hospital Mississauga Cuts Reported in 2013 • 30 complex continuing care beds to be closed and 100 staff cut, including 70 nurses and 30 staff that consist of occupational therapists, physiotherapists and unit clerks.179 University Health Network Princess Margaret Cancer Centre Lodge London Cuts Reported in 2012 • 9 full-time and 3 casual part-time nurse given layoff notices.180 Toronto General Hospital and Toronto Western Hospital Toronto Cuts Reported in 2016 35 63 Toronto & GTA • 51 RN positions cut.181 Toronto Rehabilitation Institute Toronto • Hospital posted a deficit of just under $1 million.182 William Osler Health System Brampton Civic Hospital & Etobicoke General Hospital Toronto Cuts Reported in 2013 • 20 positions to be cut.183 36 64 Central-West-Niagara Central Brant Community Healthcare Brantford General Hospital Brantford Cuts Reported in 2012 • 18 full-time RNs cut in medical surgical units and complex care (equivalent to 35,000 hours of RN care).184 • Reduction of RN hours by 75% in Complex Care Integrated Program proposed.185 • Reduction from 5 day and 3 night RNs to 3 day and 2 night RNs in the 36 bed Medical unit proposed.186 • Reduction from 5 day and 4 night RNs to 3 day and 2 night RNs in the 36 bed Surgical unit proposed.187 Cambridge Memorial Hospital Cambridge Cuts Reported in 2015 • 33 nurses cut, which included 19 RNs and 14 RPNs in medical, surgical and rehabilitation departments.188 • ONA announced that 22 RN positions, equivalent to 38,000 hours of RN care will be cut.189 Georgian Bay General Hospital Georgian Bay General Hospital - Midland Midland Cuts Reported in 2016 • Closure of the obstetrics unit proposed.190 • Medical and intensive care unit beds, and the number of surgeries to be reduced.191 192 Cuts Reported in 2015 • Reported a $12 million debt.193 • Reported 108 recommendations that include cutting Intensive Care Unit and medical beds, slashing surgeries to three days a week, and eliminating the obstetric unit. • Obstetrics, Gynecology, Paediatric surgery, after-hours endoscopy threatened with closure and Intensive Care Unit to be downgraded.194 • Outpatient lab services to be cut.195 37 65 Central-West-Niagara GBGH - Penetanguishene Penetanguishene All inpatient hospital services closed in Penetanguishene, including emergency and acute care.196 Cuts Reported in 2014 • All inpatient hospital services closed in Penetanguishene, including emergency and acute care.197 198 • This is one of the oldest communities in Ontario and has had a hospital for hundreds of years Grand River Hospital Kitchener- Waterloo Cuts Reported in 2016 • 38 staff members have received layoff notices.199 • 33 positions to be eliminated through attrition, including 14 nurses and 9 registered practical nurses.200 Cuts Reported in 2015 • 45 employees (equivalent to 24 full-time positions) to be cut.201 • 15 full-time and 4 part-time registered nurses (60,000 hours per year) to be cut.202 Cuts Reported in 2014 • 13 registered nurse positions and 2 nurse practitioner positions cut (equivalent to 30,000 hours of care).203 • 10 recovery beds to be cut.204 Cuts Reported in 2013 • Child and adolescent psychiatry outpatient hours cut.205 Guelph General Hospital Guelph Cuts Reported in 2015 • 15 PSW positions to be cut.206 • One full-time and 9 part-time positions and 20 casual positions to be eliminated. Patient support workers will be affected by proposed layoffs to hire more security.207 However, in 2016, the Ontario Nurses’ Association reported that Guelph General Hospital lacked safety measures to protect its nurses.208 38 66 Central-West-Niagara Haldimand War Memorial Hospital Dunnville Cuts Reported in 2014 • Outpatient physiotherapy reduced and cafeteria privatized. • 3 positions to be eliminated: a full-time outpatient physiotherapist, a materials management personnel worker, and the hospital’s director of finance.209 Haliburton Highlands Hospital Service Minden Cuts Reported in 2016 • The Haliburton Highlands Hospital Services is under threat. The hospital CEO has now twice publicly speculated a proposal to close down all remaining hospital services in Minden. Hamilton Health Sciences Cuts Reported in 2016 • 100 full-time jobs to be cut to address $30 million budget shortfall, because hospital funding has been frozen for the last four years. 40 out of 97 full-time equivalent jobs are vacant. Hospital offered retirement packages and redeployment opportunities.210 • Closure of entire hospital site proposed within next ten years.211 • Despite cuts and budget shortfall, HHS spent nearly $1.1 million on CEO salaries in 2014. In 2016, it paid $562,000 in severance to a departing vice-president.212 Chedoke Hospital Hamilton Cuts Reported in 2011 • Regional joint assessment program cut.213 Juravinski Cancer Centre Hamilton Cuts Reported in 2014 • Closure of Lakeview Lodge proposed. This is a lodge for out-of town patients scheduled for cancer surgery and outpatient treatments.214 Hamilton General Hospital Hamilton 39 67 Central-West-Niagara Cuts Reported in 2013 • All hospital departments were cut by 2% due to a $25 million deficit.215 Cuts Reported in 2012 • Faced a $15 million deficit.216 • Proposed cuts included:217 o $1 million in service cuts to operating rooms, the West-End Urgent Care Center and musculoskeletal outpatient physiotherapy. o $2.9 million shaved from administration and support. o $0.8 million from pharmacy, lab and allied health, including reducing social work hours. o $0.1 million in amalgamating services such as the library. o $1.8 million in finding ways to generate more revenue in services such as retail pharmacy. McMaster Children’s Hospital Hamilton Cuts Reported in 2014 • Acquired brain injury bi-weekly clinic to be closed.218 West Lincoln Memorial Hospital Grimsby Cuts Reported in 2012 • $136 million redevelopment project has been paused.219 This puts the future of the hospital in doubt as the hospital was built in the 1940s. It has since amalgamated with the Hamilton Hospitals and plans were underway to convert this hospital to a site that has fewer services and is no longer a community hospital. Joseph Brant Hospital Burlington Cuts Reported in 2013 • 10% decrease in surgeries performed projected due to a budget deficit.220 Cuts Reported in 2012 • $2.2 million in projected budget cuts.221 Muskoka Algonquin Healthcare 40 68 Central-West-Niagara Closure of hospital site is being considered. The hospital already closed the Burk’s Falls site in 2009. There are no hospitals between Huntsville and North Bay anymore. Huntsville District Memorial Hospital Huntsville Cuts Reported in 2015 • Removal of some acute care services being considered.222 Cuts Reported in 2013 • 5 acute care beds to be cut.223 South Muskoka Memorial Hospital Bracebridge Cuts Reported in 2015 • Removal of some acute care services being considered.224 • 8 complex continuing care beds (equivalent to 6.6 full-time jobs) to be cut.225 Cuts Reported in 2013 • Planned cut of 10 acute care beds to be replaced by 6 complex continuing care beds due to a $2.4 million projected deficit.226 Cuts Reported in 2012 • Faced a $4.1 million deficit.227 • $803,000 cut due to a provincial funding cut of $423,000.228 • Faced a capital deficit of $10 million.229 Niagara Health System Douglas Memorial Hospital Fort Erie Cuts Reported in 2014 • The Minister of Health approved a plan to close this hospital entirely. This despite the fact that current occupancy levels for complex continuing care beds across the Niagara Health System are over 93% (overcrowding levels that are unsafe). Cuts Reported in 2013 • Closure of emergency departments and operating rooms proposed.230 This, after years of devastating cuts. 41 69 Central-West-Niagara Greater Niagara General Hospital Niagara Falls Cuts Reported in 2014 • The Minister of Health approved a plan to close this hospital entirely. This despite the fact that current occupancy levels for acute care beds across the Niagara Health System are over 102% (overcrowding levels that are unsafe). Cuts Reported in 2013 • Closure of operating rooms in Niagara Falls for six weeks proposed in order to address budget deficit.231 • Maternity and child-inpatient care wards closed in spring.232 • NHS reported a $13 million deficit. • Parking fees at all NHS sites have increased.233 • Nurse and staffing positions to be cut despite shortages across the NHS.234 • Closure of Niagara Falls site recommended, to be consolidated in St. Catharines.235 • 48 nursing positions to be cut.236 Niagara-On-The-Lake Hospital Niagara-On-The-Lake Cuts Reported in 2015 • All 22 hospital beds237 and all inpatient services slated to be closed by April 1.238 Cuts Reported in 2014 • The Minister of Health approved a plan to close this hospital entirely. See notes on unsafe levels of hospital overcrowding above. Port Colborne General Hospital Port Colborne Cuts Reported in 2014 • The Minister of Health approved a plan to close this hospital entirely. This despite the fact that current occupancy levels for complex continuing care beds across the Niagara Health System are over 93% (overcrowding levels that are unsafe). The date for the closure is not set. Cuts Reported in 2013 42 70 Central-West-Niagara • Emergency departments and operating rooms closed.239 This after years of devastating cuts. St. Catharines Hospital St. Catharines Cuts Reported in 2013 • Closure of operating rooms for six weeks proposed to address budget deficit.240 Welland County General Hospital Welland Cuts Reported in 2015 • Closure of entire hospital threatened.241 Cuts Reported in 2013 • Maternity and child-inpatient care wards closed.242 Cuts Reported in 2012 • Closure of Welland Hospital proposed, to be consolidated in St. Catharines.243 • Operating rooms shut down for six weeks.244 • In-patient mental health services, children’s health, maternity services and in-patient women’s health services slated for closure.245 Norfolk General Hospital Simcoe Cuts Reported in 2013 • Projected a $1.3 million shortfall, and the CEO reported there are few options available for cuts.246 Orillia Soldiers' Memorial Hospital Orillia Cuts Reported in 2016 • Facing a $5 million funding gap.247 Cuts Reported in 2015 • Hospital was asked to reduce staffing by 20 full-time job equivalents.248 • Geriatric day hospital closed.249 43 71 Central-West-Niagara • 7 complex continuing care beds to be cut.250 • Reduction of operating rooms from 4 to 3 proposed.251 Cuts Reported in 2012 • 5 surgical beds & 2 pediatric beds to be closed.252 • Projected deficit of $1.3 million.253 St. Joseph’s Health Centre Guelph Cuts Reported in 2014 • 12 beds for patients in transition to be cut.254 St. Joseph's Health System Hamilton Cuts Reported in 2016 • 136 positions to be cut, of which 30-40255 are layoffs and 84256 are RN positions from units that include: recovery room, neo-natal intensive care, operating room, nephrology (kidney program), cardiology, acute mental health, complex care, respirology, pre-surgery assessment, dialysis, day surgery, medicine, medical rehab and geriatric outreach.257 • Reported $26 million shortfall.258 • 6 respiratory rehab beds to be removed, to become an outpatient service.259 • Community day therapy services to be discontinued.260 • 3 maternity beds to be cut.261 • 4 registered nurses certified in neonatal intensive care to be eliminated by July 2016 (plan is now under review after strong public outcry).262 • Two clinics closed.263 • East-end general psychiatry clinic closed, which served 30 percent of total visits for the region. The clinic had treated patients with addiction, depression, anxiety and other psychiatric disorders.264 Cuts Reported in 2015 • Approx. $10 million in cuts by March 31, 2015. • Mental health unit closed at St. Joseph’s.265 • Harbour North East number two closed. This was a seven-bed mental health treatment unit at St. Joseph's Healthcare in Hamilton.266 267 • In-house transportation services reduced.268 Cuts Reported in 2014 44 72 Central-West-Niagara • 58 RN positions cut. This equates to 52 full-time equivalents and 104,000 hours of RN care cut.269 • 600 cataract surgeries stopped due to insufficient hospital funding.270 Cuts Reported in 2012 • St. Joseph’s Hamilton was looking to cut $7.5 million.271 45 73 South-Western Ontario South Western Alexandra Hospital Ingersoll Cuts Reported in 2014 • Outpatient lab to be closed.272 • Hospital cut 9 complex continuing care beds.273 • 13 complex continuing care beds to be cut and relocated to London at LHINs recommendation. Bluewater Health Cuts Reported in 2013 • Therapeutic pool to be closed, lab services moved.274 Cuts Reported in 2012 • $1 million deficit reported.275 Charlotte Eleanor Englehart Hospital Petrolia Cuts Reported in 2014 • Endoscopy services reduced. Sarnia General Hospital Sarnia Cuts Reported in 2015 • 33 nursing positions to be cut in order to resolve a $6 million budget shortfall. • ONA reported that they were told the number of RN cuts is actually 39 positions.276 Cuts Reported in 2013 • $5 million277 in cuts announced by Bluewater, mainly to intensive care and cardiac care. • Staff to be cut as well as a merger of their 16-bed intensive care unit and 8 eight bed cardiac care unit, potentially reducing staffing ratios from 1:3 nurses to patients to 1:5 nurses to patients.278 46 74 South-Western Ontario Chatham-Kent Health Alliance Chatham-Kent Health Alliance Chatham Cuts Reported in 2013 • Ended the fiscal year (2012-13) with a reported $1.5 million deficit.279 • 22 full-time positions to be cut to balance budget.280 Cuts Reported in 2012 • 22 beds to be closed and 23.5 full-time equivalent staff to be cut as a result of a $2.6 million projected deficit for the 2013-2014 fiscal year.281 • 7 medical beds, 2 surgical beds, and 3 pediatric beds to be cut. • 2.8 full-time equivalent technicians to be cut, converted to point-of-care devices for the testing lab (cut lab technologists).282 Sydenham District Hospital Wallaceburg Cuts Reported in 2016 • Closure of emergency department proposed in order to target a $1.8 million budget deficit.283 Cuts Reported in 2013 • 22 full-time positions to be cut in an attempt to balance the budget.284 Cuts Reported in 2012 • Closure of the entire 10 bed complex continuing care unit285 and the laboratory. • At the time, the hospital promised to offset these cuts by adding beds at the Chatham-Kent site, but this never materialized. • The hospital has been gutted by cuts over the years. It has only 5 beds remaining and only one emergency department left.286 Grey Bruce Health Services (Owen Sound Hospital) Owen Sound Cuts Reported in 2015 • Relocation of acute stroke care services proposed in Grey and Bruce area into existing Designated Stroke Centre at Owen Sound Hospital. This means other hospitals will lose stroke services. 47 75 South-Western Ontario Huron Perth Healthcare Alliance There have been serious cuts to beds and care planned across the HPHA. In 2014, HPHA cut 11 acute care beds and 6 chronic care beds across the alliance. The cuts amount to a cut of 9% of the remaining hospital beds. Clinton Public Hospital Clinton Cuts Reported in 2015 • OB services closed. Patients now have to travel to Stratford to access this care.287 • 3.5 full-time equivalent nursing positions to be eliminated through the pending consolidation of two patient care units.288 Cuts Reported in 2014 • 3 complex continuing care and 2 medical beds cut. Seaforth Community Hospital Seaforth Cuts Reported in 2014 • The HPHA realigned services, removing most hospital services from Seaforth, leaving only rehabilitation and causing patients to travel to Stratford or other towns to access other hospital services. • 50% of the remaining medical beds in the HPHA cut. The hospital only has 4 medical beds left. 30% of the remaining complex continuing care beds cut, leaving only 7 left. • 5 rehab beds cut. • 5 complex continuing care beds to be cut and relocated to London at LHINs recommendation.289 St. Marys Memorial Hospital St. Marys Cuts Reported in 2014 • Emergency services to be cut at St. Marys. This has remained a persistent threat since 2010 when the local community successfully fought off a plan to close the emergency department during nights.290 • Despite community advocacy, the emergency department overnight intake staff were cut without notifying the community in late 2014 to early 2015. Patients accessing the hospital emergency department at night are told to phone to reach reception at another hospital site. 48 76 South-Western Ontario • One-third of the remaining medical beds closed. • 5 complex continuing care beds opened. Stratford General Hospital Stratford Cuts Reported in 2016 • At present, only 21 medical beds remaining for the entire community, which has pushed occupancy rate to over 100%. • The occupancy rate has led to the regular use of overflow beds and patients being transferred to distant sites (e.g., Clinton, Seaforth, St. Marys), making it difficult for families to visit. Cuts Reported in 2015 • Acute stroke care services to be cut and moved from seven hospitals into Stratford General Hospital. Cuts Reported in 2014 • 28 beds to be cut: 9 rehabilitation beds, 13 complex continuing care beds, 3 surgical beds and 3 medical beds are threatened.291 Leamington District Memorial Hospital Leamington Cuts Reported in 2015 • Obstetrics unit threatened with closure. This was subsequently stopped by strong public outcry. Cuts Reported in 2014 • 16 RNs, 9 RPNs to be cut and 12 PSWs cut, amounting to approximately 50,000 hours/year of nursing team care.292 Listowel Wingham Hospitals Alliance Listowel Memorial Hospital Listowel Cuts Reported in 2014 • 17 complex continuing care beds to be cut and relocated to London at LHINs recommendation.293 49 77 South-Western Ontario Wingham And District Hospital Wingham Cuts Reported in 2014 • 10 complex continuing care beds to cut and relocated to London at LHINs recommendation.294 • 2 full-time, 5 part-time, 2 casual orderlies, 1 part-time and 5 casual porters to be cut. Other staff, including RPNs have had their hours reduced.295 • 46 full-time equivalent staff to be cut from departments across the hospital as a result of $726,000 budget shortfall. • This a huge cut for such a small hospital. According to CUPE, it is the largest percentage of staff cut in Ontario.296 London Health Sciences Centre In 2015, London Health Sciences Centre needed to find $26 million in cuts. They planned to cut 97 full-time positions across hospital departments.297 Cuts Reported in 2015 • 500 surgeries delayed at University and Victoria hospitals. That is 1 in every 20 surgeries scheduled from January to March, including some operations to remove gall bladders and repair hernias.298 • $32 million in cuts planned in order to balance its budget. Vascular cardiology, mental health, intensive care, oncology, stroke rehabilitation and other departments cut. • 97 full-time nursing, health professional and support staff positions to be eliminated (equivalent to 190,000 hours/year of patient care and support). • 22 patients with mental illness waited for a bed in the psychiatric ward. Psychiatric ward patients cannot be discharged, due to lack of community supports in place.299 • Mental health and addictions crisis centre full within 24 hours of opening.300 Cuts Reported in 2014 • 107 positions to be cut, including 27 nurses and 41 cleaners.301 • 52,000 nursing hours/year and 80,000 cleaning hours/year to be cut.302 Cuts Reported in 2013 • $30 million budget shortfall. • 50-60 positions to be cut, including 24 nursing and administration and support areas.303 50 78 South-Western Ontario Victoria Hospital London Cuts Reported in 2015 • 4 of its existing 14 palliative care beds closed. The hospital no longer has a specialized palliative care unit. • With these bed cuts, the community only has 14 acute palliative beds, with 4 of 14 being located at University Hospital. • Emergency ward space exhausted in Victoria Hospital. The classroom had to be converted into a space for mentally ill patients needing emergency services with a single security guard watching.304 University Hospital London Cuts Reported in 2015 • Realignment of stroke care patient volumes from 5 hospitals to London Health Sciences proposed. Cuts Reported in 2014 • $37 million to be cut from budget, including 52,000 nursing hours/year and 80,000 hours/year of cleaning.305 Cuts Reported in 2012 • $47 million budget shortfall reported, which resulted in $30 million in cuts.306 • $18 million in proposed cuts to “non-critical” areas.307 Middlesex Hospital Alliance Strathroy Middlesex General Hospital Strathroy Cuts Reported in 2016 • Stroke care to be cut and $716,000 to be cut from $38 million budget. This is almost a 2% loss.308 Royal Victoria Regional Health Center Barrie Cuts Reported in 2016 • Facing an $8 million deficit.309 • 56 jobs to be cut, including 24 full-time vacant and 32 active full-time equivalent jobs. 310 51 79 South-Western Ontario Cuts Reported in 2015 • Equivalent of 15 full-time jobs to be cut in order to fund $10.6 million in cost savings.311 South Bruce Grey Health Centre Chesley and District Site Chesley Cuts Reported in 2015 • Closure of the restorative care unit at the Chesley and District site312 in May 2015 announced. • Outpatient physiotherapy services cut in 2009.313 Kincardine Site Kincardine Cuts Reported in 2012 • Cancelled previously approved redevelopment of site.314 Future of hospital is uncertain. • Outpatient physiotherapy services cut in 2009.315 Walkerton Site Walkerton Cuts Reported in 2013 • 3 administrative positions to be cut. • $150,000 to be cut to address a projected deficit of $250,000. • Outpatient physiotherapy services cut in 2009.316 South Huron Hospital Exeter Cuts Reported in 2014 • 3 complex continuing care beds to be relocated to London at LHINs recommendation.317 St. Joseph's Health Care London Cuts Reported in 2016 • $8.5 million in cuts reported in the past four years due to 0% funding increases and Health System Funding Reform.318 52 80 South-Western Ontario • Faced $17 million gap in budget.319 • Despite an increase to hospital base funding announced in Ontario, the hospital will still carry a budget deficit.320 • 60 positions to be cut, including 49 full-time, 7 part-time and 4 casual positions. 12 of the 60 positions will be layoffs.321 Cuts Reported in 2014 • 59 jobs to be cut in an effort to cut $6.4 million, resulting in 37 layoffs and 22 positions cut through attrition at various sites. • 4 jobs to be cut in corporate offices across all campuses. • 15% of medical imaging hours to be cut.322 • Nearly $11 million to be cut to balance the budget. • Every department of the hospital would be impacted by the planned cuts, including the elimination of 32 full-time jobs and 1 part-time position.323 Cuts Reported in 2013 • 30 positions to be cut.324 Parkwood Institute London Cuts Reported in 2016 • Closure of the Transitional Care Unit proposed due to lack of funds.325 • 12 temporarily funded transitional care beds to be removed in October 2016 and 3 beds to be transferred to the Complex Care Program.326 Cuts Reported in 2015 • Regional stroke rehabilitation and other complex needs to be centralized in Parkwood Institute, which means a loss of stroke care at other hospitals. Cuts Reported in 2013 • 9 jobs to be cut at Parkwood Hospital, and 7 to be cut at Regional Mental Health London.327 • 30 beds to be cut in the Veterans Care program.328 Cuts Reported in 2010 • 36 beds to be cut in the Veterans Care program.329 53 81 South-Western Ontario Southwest Centre for Forensic Mental Health Care St. Thomas Cuts Reported in 2013 • 59 jobs to be cut in an effort to cut $6.4 million. This will result in 37 layoffs. o 9 jobs to be cut in St. Thomas.330 St. Thomas Elgin General Hospital St. Thomas Cuts Reported in 2016 • 11 full-time positions to be cut in information technology, operating room scheduling and the health records departments due to a $1 million budget shortfall.331 • Outpatient laboratory to be closed. • Gastric diagnostic imaging services to be reduced from 4 days a week to only 2 days a week.332 Cuts Reported in 2015 • Volumes for stroke care to be realigned from 1 hospital to St. Thomas Elgin General Hospital. Cuts Reported in 2014 • 28 complex continuing care beds to be relocated to London at LHINs recommendation.333 Tillsonburg District Memorial Hospital Tillsonburg Cuts Reported in 2014 • 16 complex continuing care beds to be cut.334 • 14 complex continuing care beds to be relocated to London at LHINs recommendation.335 Windsor Regional Hospital Windsor Regional Hospital – Metropolitan Campus Windsor Cuts Reported in 2016 • 169 RN positions to be cut.336 • 46 full-time equivalent nursing positions to be cut (equivalent to 92,000 hours per year of patient care).337 54 82 South-Western Ontario • Every department and every floor to be impacted by cuts.338 • Closure and privatization of outpatient clinics proposed.339 • 4 ICU beds closed at Ouellette Campus.340 Cuts Reported in 2015 • 80 beds to be cut.341 Cuts Reported in 2013 • 24 full-time and 10 part-time registered nurses laid off (This equals more than 68,000 hours/year of hands-on patient care).342 • 30 acute-care beds to be cut at the Metropolitan campus.343 • Faced a shortfall of $4.2 million.344 • 9 positions eliminated along with the closure of the Acute Injuries Rehabilitation and Evaluation Centre.345 Cuts Reported in 2012 • Outpatient services threatened by cuts and closures as a result of projected $4.4 million budget shortfall.346 Woodstock General Hospital Woodstock Cuts Reported in 2016 • Stroke care to be eliminated.347 Cuts Reported in 2014 • 23 complex continuing care beds to be relocated to London at LHINs recommendation.348 55 83 56 84 References 1 Justice Laws Website. “Canada Health Act”. Government of Canada. March 8, 2016. 2 Frketich, J. “Nursing cuts: St. Joe’s replaces RNs with RPNs in neonatal intensive care.” Hamilton Spectator. March 3, 2016. 3 Canadian Institute of Health Information. “All patients readmitted to hospital details for Ontario”. Your Health System. N.D. 4 Ibid. 5 Ibid. 6 National Health Coalition. “Against Privatization: Canada Health Coalition Demands Funding for Hospitals”. Global Research. Feburary 5, 2016. 7 Ibid. 8 Ibid. 9 Sher, J. “Ontario health ministry data on hospital overcrowding riddled with errors”. The London Free Press. March 7, 2014. 10 Ontario Council of Hospital Unions. “Ontario hospital length of stay in rapid decline, Canadian average now 21% longer”. March 15, 2016. 11 Schell, D. “Islanders say emergency hospital care still necessary after 7 p.m”. SooToday. March 4, 2016. 12 Schell, D. “Islanders say emergency hospital care still necessary after 7 p.m”. SooToday. 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March 3, 2016. 24 Ontario Nurses Association. “Registered nurses at Windsor Regional says cuts are far worse for our patients than first thought”. Ontario Nurses’ Association. January 18, 2016. 25 CBC News. “North Bay hospital cuts 75 jobs, aims to increase outpatient services”. January 9, 2015. 26 Moro, T. “East-end psychiatric clinic ‘consolidating’ at West %th: St. Joseph’s”. Hamilton Spectator. Feburary 4, 2016. 27 Sher, J. “Critical bed shortage for mentally ill in London raised at Queen’s Park”. The London Free Press. March 4, 2016. 28 Sher, J. “Critical bed shortage for mentally ill in London raised at Queen’s Park”. The London Free Press. March 4, 2016. 29 Mulligan, C. “Hospital cuts stir concern”. Sudbury Star. March 15, 2015. 30 CBC News. “Health Sciences North budget sees surplus, despite funding constraints”. CBC News. June 19, 2015. 31 Leeson, B. “Sudbury nurses protest cuts”. Sudbury Star. October 23, 2015. 32 Migneault, J. “Hospital’s cost-saving plan risky for patients, Assoc. says”. Sudbury Northern Life. May 28, 2015. 33 Ibid. 34 Mulligan, C. “60 beds to close at Memorial”. The Sudbury Star. February 3, 2012. 35 Mulligan, C. “60 beds to close at Memorial”. The Sudbury Star. February 3, 2012. 36 Stricker, L. “ALC crisis: Seniors get day clinic”. The Sudbury Star. Saturday, November 17, 2012. 37 Hale, A. S. “Lake of the Woods District Hospital in tight spot with end of fiscal year looming”. The Daily Press. March 5, 2015. 38 Lamb, S. “Too many patients, too few beds at Kenora hospital”. Miner and News. January 11, 2016. 39 Schell, D. “Islanders say emergency hospital care still necessary after 7 p.m”. SooToday.com. March 4, 2016. 40 Schell, D. “Islanders say emergency hospital care still necessary after 7 p.m”. SooToday.com. March 4, 2016. 41 Turl, J. “Hospital cuts way back on lab services”. Bay Today. January 26, 2016. 42 Ibid. 43 Ougler, J. “President of the Ontario Council of Hospital Unions/CUPE warns pre-budget hearing province’s health care in critical condition”. Sault Star. January 21, 2016 44 Hamilton- McCharles, J. “Hospital secures $6M”. The Nugget. February 4, 2016. 58 86 45Canadian Union of Public Employees. “Hospital cuts in North Bay, including 140 full-time staff, are the deepest in Ontario and the Liberal government must step in with funding”. CUPE/Canadian Union of Public Employees”. September 16, 2015.. 46 Stefanovich, O. “Demonstrators demand that Sudbury MPP Glenn Thibeault stop hospital cuts” CBC News. April 17, 2015. 47 CBC News. “North Bay hospital cuts 75 jobs, aims to increase outpatient services”. January 9, 2015. 48 CBC News. “North Bay hospital axes 158 full-time jobs to fight $14M deficit. September 17, 2015. 49 Hamilton-McCharles, J. “CUPE organizing ‘massive’ protests”. The Nugget. September 17, 2015. 50 Hamilton- McCharles, J. “Hospital secures $6M”. The Nugget. February 4, 2016. 51 CBC News. “North Bay hospital cuts 75 jobs, aims to increase outpatient services”. January 9, 2015. 52 Wilson, P. “Speakers condemn hospital cuts”. The Nugget. Feb 9, 2015. 53 Hamilton-McCharles, J. “More staff cuts on the way; HOSPITAL RESTRUCTURING”. The North Bay Nugget. November 8, 2014. 54 Hamilton-McCharles, J. “CUPE warns of bed cuts, program closures”. The North Bay Nugget. May 9, 2014. 55 Hamilton-McCharles, J. “Hospital cuts 34 jobs”. The North Bay Nugget. June 3, 2014. 56 Ibid. 57 Hamilton-McCharles, J. “More staff cuts on the way; HOSPITAL RESTRUCTURING”. The North Bay Nugget. November 8, 2014. 58 Hamilton-McCharles, J. “CUPE warns of bed cuts, program closures”. The North Bay Nugget. May 9, 2014. 59 North Bay Nugget (Staff). “Deficit ‘challenge’ at hospital”. February 6, 2013. 60 Taylor, D. “Patients admitted to ED wait too long for beds, Gagnon”. SooToday.com . February 17, 2016. 61 Ibid. 62 Taylor, D. “Patients admitted to ED wait too long for beds, Gagnon”. SooToday.com . February 17, 2016. 63 Standing Committee on Finance and Economic Affairs. “Committee Transcripts: Standing Committee on Finance and Economic Affairs – 2016-Jan-21 – Pre-budget consultations”. Legislative Assembly of Ontario. January 21, 2016. 64 Ibid. 65 Ontario Nurses Association. “OHC Public Meeting to Save Our Services, Sault Ste. Marie.” February 25, 2015. 66 Ibid. 67 CBC News (Sudbury). Sault Ste. Marie latest hospital in northeast to make cuts. January 21, 2015. 59 87 68 Ontario Nurses’ Association. “Ontario Nurses’ Association says 14 Registered Nurses Cut from Sault Area Hospital will hurt quality patient care”. January 21, 2015. 69 Ibid. 70 Sher, J. “Ont. health ministry data on hospital overcrowding riddled with errors”. The London Free Press. March 7, 2014. 71 Blind River District Health Centre. “History”. Blind River District Health Centre. n. d. 72 Ontario Council of Hospital Unions. “Pushed out of Northern Ontario hospitals, abandoned at home”. Ontario Council of Hospital Unions. n. d. 73 Labine, J. “Supporters continue fight for long-term care facility.”. Thunder Bay News. October 5, 2012. 74 Ireland, N. “St. Joseph’s Hospital eliminating 11 nursing positions”. CBC News. May 16, 2014. 75 Migneault, J. “St. Joseph’s to cut registered practical nurse jobs”. Sudbury Northern Life. June 16, 2014. 76 Ontario Council of Hospital Unions/CUPE. “Hospital staff from northeastern Ontario to rally against cuts at Temiskaming Shores Hospital”. . December 2, 2014. 77 Stefanovich, O. “Demonstrators demand that Sudbury MPP Glenn Thibeault stop hospital cuts”. CBC News. April 17, 2015. 78 CBC News. “Thunder Bay hospital bed gridlock forces budget into deficit”. March 13, 2015 79 CBC News (Staff). “Thunder Bay hospital cuts nurses from ER department”. January 13, 2014. 80 The Timmons Times (Staff). Timmins & District Hospital announces 40 job cuts. October 17, 2014. 81 Gillis, L. “Timmins & District Hospital announces 40 job cuts”. The Timmins Times. October 17, 2014. 82 Ibid. 83 Kveton, A. “Nursing cuts at Almonte Hospital prompt rally”. Kanata Kourier-Standard. April 3, 2015. 84 Zajac, R. “Not enough nurses at Brockville hospital, union warns.” Brockville Recorder and Times. March 4, 2015. 85 Zajac, R. “Numbers not sole consideration in hospital cuts.” Recorder and Times. March 26, 2015. 86 Zajac, R.“More BGH Cuts?” The Recorder and Times. September 3, 2015. 87 Zajac, R. “Brockville hospital cuts hurt patients: Union”. Recorder and Times. July 28, 2015. 88 Burke, M. “Hospital awaits expert cost-saving ideas”. Brockville Recorder and Times. September 26, 2012. 89 Canadian Union of Public Employees. “Patients at increased risk of infection as Elisabeth Bruyere cuts 30 cleaners”. Dec 2, 2015. 90 Diablogue. “Bruyere cuts 28 jobs – Tip of the Iceberg?” June 5, 2012. 91 Cook, M. “Bruyere to cut 120 to 150 jobs over two years”. Ottawa Citizen. March 1, 2013. 60 88 92 CBC News. “Elisabeth Bruyere to cut 20 personal care attendant jobs”. CBC News. May 15, 2012. 93 Cook, M. “Bruyere to cut 120 to 150 jobs over two years”. Ottawa Citizen. March 1, 2013. 94 Campbell, J. “Difficult choices to be made on hospital’s financial health”. Northumberlandnews.com, February 12, 2013. 95 Crawford, B. “CHEO job cuts to meet shrinking budget just the beginning, union leader says”. Ottawa Citizen. March 11, 2015 96 Jackson, E. “CHEO job cuts will come from nursing staff: union”. West Carlton EMC. March 26, 2015. 97 Ontario Nurses’ Association. "CHEO Cuts More than 50 Registered Nursing Positions: Patients Pay the Price for Underfunding”. March 18, 2015 98 Ibid. 99 Tam, P. “New payment model forces Montfort to find $1.2M in cuts; No layoffs planned as facility seeks savings in administrative costs.” Ottawa Citizen. May 5, 2012. 100 Macdonald, V. “Layoffs looming at NHH; Equivalent of just over 13 full-time positions in patient care and support services will be lost”. Northumberland Today. January 22, 2016. 101 Longwell, Karen. “Northumberland Hospital Faces Budget Crunches.” Northumberland News. March 7, 2014 102 Ibid. 103 Cobb, C. “Cuts lead to layoffs at Ottawa Hospital; Quality of care will slide if austerity continues, official warns.” Ottawa Citizen. March 25, 2015. 104 Dube, D. “Ottawa Hospital to axe 35 positions”. Ottawa Sun. March 24, 2015. 105 CBC News. “Ottawa Hospital announces more cuts to balance budget”. May 28, 2015. 106 CBC News. “Riverside Hospital endoscopy clinic closing”. CBC News. November 21, 2012. 107 Conner, K. “Budget cost-cutting in Ottawa hospitals put newborns at risk”. JNM Journal. April 3, 2014. 108 Ibid. 109 Hofley, C. “Ottawa Hospital cuts 290 full-time jobs to trim $31 million”. Ottawa Sun. January 30, 2013. 110 CBC News. “Riverside Hospital endoscopy clinic closing”. CBC News. November 21, 2012. 111 The Ottawa Hospital. “Endoscopy Clinic”. The Ottawa Hospital. Date accessed: March 30, 2016 112 113 Heaton, S. “Ottawa Health Coalition Denounces Privatization”. The Leveller. March 15, 2013. 114 Hofley, C. “Ottawa Hospital cuts 290 full-time jobs to trim $31 million”. Ottawa Sun. January 30, 2013. 115 Tam, P. “Ottawa Hospital blames funding cuts for more closed beds”. Ottawa Citizen. September 27, 2012. 61 89 116 CBC News (staff). “The Ottawa Hospital cuts 290 full-time jobs.” CBC News. January 30, 2013. 117 Tam, P. “Ottawa Hospital to cut 96 jobs.” Ottawa Citizen. May 12, 2012. 118 CUPE SFCP Ontario. “Eastern Ontario ground zero for hospital downsizing with deep service and bed cuts at Renfrew, Arnprior, Perth, Smiths Falls and Ottawa hospitals”.. CUPE SFCP Ontario. February 24, 2014. 119 n. a. “Smiths Falls and Perth communities tackle deep hospital cuts”. Diablogue. January 14, 2013. 120 Perth Courier. “SOS joins provincial day of action at Smiths Fall hospital”. Inside Ottawa Valley. February 28, 2013. 121 Ibid. 122 Ontario Council of Hospital Unions. “Sweeping hospital cuts include surgery, day hospital services, domestic/sexual assault program”. Marketwired. November 8, 2012. 123 Ontario Council of Hospital Unions. “Campaign to stop bed cuts and privatization at Prembroke Regional Hospital picks up steam”. Ontario Council of Hospital Unions/ Canadian Union of Public Employees. July 15, 2015. 124 Ontario Council of Hospital Unions. “Campaign against cuts at Pembroke Regional Hospital begins with community postcard”. Ontario Council of Hospital Unions/ Canadian Union of Public Employees. June 29, 2015. 125 Gordon, K. “Peterborough Regional Health Centre hoping to qualify for provincial relief funding for $90M legacy debt”. Peterborough Examiner. September 27, 2012. 126 MacAlpine, I. “Job cuts coming to Providence Health Care Mental Health Services”. The Kingston Whig- Standard. August 16, 2013. 127 Ibid. 128 Tam, P. “Hospitals confused about funding changes”. Ottawa Citizen. March 6, 2012 129 Hendry, L. “QHC Proposes More Cuts” Belleville Intelligencer. March 5, 2015. 130 Ontario Nurses’ Association. “Quinte Health Care Cuts 33 Full-Time, 12 Part-Time Registered Nurses, Risks Patient Safety”. April 1, 2015. 131 Hendry, L. “QHC Cuts Staff”. The Intelligencer. December 4, 2014. 132 Van Brenk, D. “St. Joe’s cuts 59 jobs, warns wait time will go up.” The London Free Press. February 12, 2013. 133 Hendry, L. “QHC proposes cuts.” The Intelligencer. January 10, 2013. 134 Quinte Health Care. “QHC proposes changes to its outpatient physiotherapy services”. Quinte Health Care. June 14, 2012. 135 Hendry, L. “QHC proposes physio cuts”. The Intelligencer. June 14, 2012. 136 Hendry, L. “QHC proposes cuts.” The Intelligencer. January 10, 2013. 137 The Times. “More cuts to Picton hospital”. April 4, 2014. 62 90 138 Administrator (staff). “Have your say on hospital concerns by Feb. 19 deadline.” Prince Edward County News. February 12, 2013. 139 Broderick, T. “Picton hospital maternity ward closing announced last week”. QnetNews. June 21, 2013. 140 Hendry, L. “Trenton Hospital here to stay”. The Intelligencer. November 3, 2015. 141 Everson, K. “Hospital cutbacks not popular with councillors.” Quinte EMC. January 24, 2013 142 CBC News. “Renfew hospital to close birthing unit”. Feburary 15, 2014. 143 Ontario Nurses Association. “Media Release: St. Francis Hospital Cuts More Registered Nurses: ONA President Says Cuts Will Devastate Patient Care, and the Future of the Hospital”. CNW. February 10, 2015. 144 Ontario Nurses’ Association. “Registered Nurse Cuts Hit Toronto Hospitals: ONA President says ‘enough is enough’”. February 4, 2016. 145 Fiorito, J. “We can’t afford to make cuts to drug court: Fiorito”. The Star. September 13, 2015. 146 Ibid. 147 Rogers, K. “CAMH closes physiotherapy services in keeping with province-wide trend”. The Toronto Star. August 27, 2012. 148 Kaplan, B. “With the prospect of a decline in government funding, Toronto hospitals look to private donations to improve care”. National Post. June 9, 2012. 149 Babbage, M. “More than one-third of Ontario hospitals bleeding red ink for 2nd year running”. The Globe and Mail. August 13, 2012. 150 Kurek, D. “Humber River Hospital temporarily re-opens Church Street site for some medical services”. 151 Ibid. 152 Humber River Hospital. “Humber River Hospital Four Important Changes That You Need To Know”. Humber River Hospital. 2015. 153 York University website. Practicum / Links / Humber River Regional Health Centre. 2014 154 Humber River Hospital. “Humber River Hospital Four Important Changes That You Need To Know”. Humber River Hospital. 2015. 155 Ibid. 156 Humber River Hospital. “What is happening to the current Finch avenue site?”. Humber River Hospital. n. d. 157 Rogers, K. “CAMH closes physiotherapy services in keeping with province-wide trend”. The Toronto Star. August 27, 2012. 158 Ontario Nurses’ Association. “Registered Nurse Cuts Hit Toronto Hospitals: ONA President says “enough is enough”. February 4, 2016. 159 Pessian, P. “Job Cuts at Whitby’s Ontario Shores”. Durhamregion.com. November 16, 2013. 63 91 160 Ibid. 161 Ibid. 162 Ibid. 163 OPSEU. “Demonstrating at Ontario Shores Centre for Mental Health Sciences”. March 22, 2010. http://opseu.org/content/demonstration-ontario-shores-centre-mental-health-sciences-0 164 Rouge Valley Hospital.“Cataract Services in Scarborough”. October 19, 2012. http://www.rougevalley.ca/hospital-stories/cataract-services-in-scarborough 165 Ontario Nurses Association. “Toronto’s Runnymede Healthcare Centre cuts registered nurse care by half”. October 20, 2015. 166 Ontario Nurses’ Association. “Hospital RN Cuts Hit the GTA: Southlake Regional cuts more than 32, 000 hours of RN care”. Ontario Nurses’ Association. April 1, 2015. 167 Rogers, Kaleigh. “CAMH closes physiotherapy services in keeping with province-wide trend”. The Toronto Star. August 27, 2012. 168 Boyle, T. “Scarborough Hospital facing more cuts, more turmoil”. Toronto Star. May 03, 2013. 169 Adler, M. “The Scarborough Hospital considers number of service changes”. Scarborough Mirror. February 6, 2013. 170 Boyle, T. “Scarborough Hospital facing more cuts, more turmoil”. Toronto Star. May 03, 2013. 171Ibid. 172 Adler, M. “The Scarborough Hospital considers number of service changes”. Scarborough Mirror. February 6, 2013. 173 Ibid. 174 Boyle, T. “Scarborough Hospital facing more cuts, more turmoil”. Toronto Star. May 03, 2013. 175 Adler, M. “The Scarborough Hospital considers number of service changes”. Scarborough Mirror. February 6, 2013. 176 Ibid. 177 Dempsey, A. “Nursing Layoffs: Scarborough Hospital to cut 60 RN jobs” Toronto Star, February 16, 2012. 178 Rogers, K. “CAMH closes physiotherapy services in keeping with province-wide trend”. The Toronto Star. August 27, 2012. 179 Boyle, T. “Mississauga’s Trillium hospital plans to close 30 continuing care beds, issue 100 layoff notices”. Toronto Star. April 25, 2013. 180 Boyle, T. “Nurses cut from Princess Margaret cancer patients’ lodge”. August 31, 2012. 64 92 181 Ontario Nurses Association. “Registered nurse cuts hit Toronto hospitals: ONA president says ‘enough is enough’”. February 4, 2016. 182 Babbage, Maria. “More than one-third of Ontario hospitals bleeding red ink for 2nd year running”. The Globe and Mail. August 23, 2012. 183 Boyle, T. “Scarborough Hospital facing more cuts, more turmoil”. Toronto Star. May 03, 2013. 184 Ontario Nurses Association. “Nurses Fear for Patient Safety in Brantford: Brant community Healthcare System spinning facts to public on RN cuts”. June 15, 2012. 185 Ibid. 186 Ibid. 187 Ibid. 188 Monteiro, Liz. “Cambridge hospital laying off 33 nurses to ‘improve the patient experience’“. The Record (Metroland Publishing). March 12, 2015. 189 Ontario Nurses Association. “RN cuts at Cambridge Memorial Hospital will harm patient care: Loss of 22 RN positions meanS more death and disease for patients”. March 18, 2015. 190 CTV Barrie. “Georgian Bay General Hospital Cuts to be discussed on Monday night”. January 25, 2016. 191 Ibid. 192 CTV Barrie. “GBGH considering cuts to number of surgeries, obstetrics unit”. January 26, 2016. 193 Dunning, J. “Midland hospitals debt stumps participants in health care meeting”. Simcoe (Metroland Publishing). February 2, 2015. 194 CTV Barrie. “GBGH considering cuts to number of surgeries, obstetrics unit”. January 26, 2016. 195 Dunning, J. “Cutting outpatient lab services will help balance Midland hospital budget”. Midland Mirror. April 21, 2015. 196 Community Reach. “Georgian Bay General Hospital”. Community Services in North Simcoe. March 16, 2016. 197 Community Reach. “Georgian Bay General Hospital”. Community Services in North Simcoe. March 16, 2016. 198 Dunning, J. “Penetanguishene hospital supporters taking fight to Queen’s Park”. Our Windsor. November 13, 2014. 199 Weidner, J. “Staff cuts at Grand River Hospital; hospital says care won’t be affected by 38 lay-off notices”. Waterloo Region Record. January 13, 2016. 200 Ibid. 201 Paul, G. “Grand River Hospital handing out layoff notices to 45 employees”. Waterloo Region Record. April 1, 2015. 65 93 202 Ontario Nurses’ Association. “Grand River Hospital cuts registered nurses to balance budget”. Ontario Nurses’ Association. April 1, 2015. 203 Ibid. 204 Metro News. “Kitchener, Guelph hospitals cut beds as home care expands”. Metroland News Service. May 1, 2014. 205 St. Denis, B. “Grand River Hospital cuts psychiatry outpatient service”. CBC. May 22, 2013. 206 Mercer, M (Moderator). “Sudbury Health Coalition Holding Public Meeting Tonight on Cuts to Nursing Positions.” Up North. CBC Radio 1 (Sudbury). March 24, 2015. 207 Kirsch, V. “Guelph General beefs up security, cuts patient support works”. Guelph Mercury. July 24, 2015. 208 Ontario Nurses’ Association. “Guelph General Hospital failing to take safety seriously: RN assaulted, lack of protective equipment exposed”. Ontario Nurses’ Association. March 15, 2016. 209 Day, M. “Dunnville Hospital makes budget cuts”. The Sachem. January 24, 2014. 210 Frketich, J. “HHS chopping nearly 100 jobs to balance the budget”. Hamilton Spectator. March 4, 2016. 211 Frketich, J. “Hamilton Health Sciences considers closing a hospital”. Hamilton Spectator. March 1, 2016. 212 Frketich, J. “HHS paid $562,000 in severance to former VP”. Hamilton Spectator. March 4, 2016. 213 Frketich, J. “Public being asked what should become of Chedoke hospital”. The Hamilton Spectator. February 23, 2016. 214 Van Dongen, M. “Juravinski to close haven for cancer patients”. Hamilton Spectator. November 10, 2014. 215 Frketich, J. “Hamilton Health Sciences takes scalpel to budget”. Hamilton Spectator. January 24, 2013. 216 Frketich, J. “Hamilton-area hospitals cutting $24.7 million”. Hamilton Spectator. July 27, 2012. 217 Ibid. 218 Moro, T. “Changes at Mac children’s brain clinic trouble MPP”. The Hamilton Spectator. February 21, 2014. 219 Bolichowski, J. & Jeffords, S. “Life for West Lincoln hospital project?” The St. Catherine’s Standard. May 4, 2012. 220 Burlington Post. “Joseph Brant Hospital slashing surgeries”. March 21, 2013. 221 Frketich, J. Hamilton-area hospitals cutting $24.7 million. Hamilton Spectator. July 27, 2012. 222 CTV News (staff). “Hundreds rally to stop potential service cuts at two local hospitals.” CTV Barrie. March 21, 2015 223 Good, K. “Cuts coming to South Muskoka hospital”. Huntsville Forester. April 24, 2013. 224 CTV News (staff). “Hundreds rally to stop potential service cuts at two local hospitals.” CTV Barrie. March 21, 2015 225 Steel, P. “Beds closing, staff cuts at Bracebridge hospital”. Bracebridge Examiner. April 16, 2016. 66 94 226 Good, K. “Cuts coming to South Muskoka hospital”. Huntsville Forester. April 24, 2013. 227 Harris, D. “Deficit Recovery Plan”. October 2, 2011. 228 Brownlee, A. “Muskoka Algonquin Healthcare’s budget tightens with funding constraints”. Huntsville Forester. July 4, 2012 229 Ibid. 230 Lafleche, G. “NHS attacks $13M deficit.” QMI Agency Niagara. January 24, 2013 231 Ibid. 232 Ricciuto, T. “Maternity ward closes at Greater Niagara General Hospital”. Niagara Falls Review. March 19, 2013. 233 Lafleche, G. “NHS attacks $13M deficit.” QMI Agency Niagara. January 24, 2013 234 Draper, D. “Niagara Health System moves to find $13 million in cost savings this year” Niagara At Large, January 17, 2013. 235 Smith, K. “Report to the Honorable Deb Matthews, Minister of Health and Long-Term Care on Restructuring of the Niagara Health System”. Niagara Health System. September 2012. 236 Nadeau, K. “Spend health care dollars on patients, not new buildings”. Niagara This Week. May 7, 2013. 237 Cheevers, M. “Group fighting to keep NOTLs hospital open”. NIAGARA this WEEK. January 15, 2015. 238 Cheevers, M. “NOTL hospital’s in-patient beds removed”. Niagara-On-The-Lake town Crier. April 2, 2015. 239 Lafleche, G. “NHS attacks $13M deficit.” QMI Agency Niagara. January 24, 2013 240 Ibid. 241 Firth, M. “Petition launched to save Welland hospital”. St. Catharines Standard. January 11, 2015. 242 Ricciuto, T. “Maternity ward closes at Greater Niagara General Hospital”. Niagara Falls Review. March 19, 2013. 243 Smith, K.” Report to the Honorable Deb Matthews, Minister of Health and Long-Term Care on Restructuring of the Niagara Health System”. Niagara Health System. September 2012. 244 Lafleche, G. “NHS attacks $13M deficit.” QMI Agency Niagara. January 24, 2013 245 Robbins, J. “MPP accuses province of allowing Welland hospital to suffer death by a thousand cuts”. Niagara News Now. October 4, 2012. 246 Pearce, D. R. “Deficit plagues Norfolk General Hospital”. Simcoe Reformer, February 7, 2013. 247 Matys, F. “Nurses fear job cuts at Orillia hospital”. Orillia Today. March 17, 2016. 248 Ramsay, J. “Barrie hospital working to trim $10.6 million to balance budget”. Simcoe.com. April 16, 2016. 249 Orillia Packet and Times. "New geriatric clinic coming together as a result of community collaboration". Orillia Packet and Times. February 17, 2016. 67 95 250 Bales, P. “Hospital plans to eliminate geriatric day hospital”. Orillia Packet & Times. May 27, 2014. 251 Ibid. 252 Carson, Sara. “OSMH poised to eliminate services close beds in effort to slash deficit”. Orillia Packet & Times. June 26, 2012. 253 CottageCountryNow. “Orillia hospital threatens to move chemotherapy to Barrie”. July 18, 2012. 254 Metro News. “Kitchener, Guelph hospitals cut beds as home care expands”. Metroland News Service. May 1, 2014. 255 Bennett, K. “St. Joe’s cutting 136 jobs, up to 40 from layoffs”. CBC. February 16, 2016 256 Ontario Nurses’ Association. “ONA President to Join St. Joseph's Healthcare Hamilton RNs at Rally to Stop RN Cuts”. February 29, 2016. 257 Ontario Nurses’ Association. “St. Joseph’s Hamilton Cuts 61 RNs, Putting Patients at Risk”. Ontario Nurses’ Association. February 2, 2016. 258Ibid. 259 Ibid. 260 Ibid. 261 Ibid. 262 Frketich, J. “Nursing cuts: St. Joes replaces RNs with RPNs in neonatal intensive care”. Hamilton Spectator. March 3, 2016. 263 Frketich, J. “HHS paid $562,000 in severance to former VP”. Hamilton Spectator. March 4, 2016. 264 Moro, T. “East-end psychiatric clinic ‘consolidating’ at west 5th: St. Joseph’s”. The Hamilton Spectator. February 4, 2016. 265 Carter, A. “Mental health unit closing at St. Joe’s, union warns of more cuts”. CBC News. 2015. 266 Ibid. 267 CHCH. “Union expects more cuts to healthcare”. December 5, 2015. 268 Frketich, J. “St. Joseph’s files grievance against union for revealing what it spends on taxis”. The Hamilton Spectator. May 13, 2015. 269 Hayes, M. “58 Registered nursing jobs to be cut at St. Joe’s”. Hamilton Spectator. September 4, 2014. 270 Frketich, J. “Cataract surgery will go on: health minister: St. Joe’s, LHIN at odds over funding issue”. The Hamilton Spectator. January 18, 2014. 271 Frketich, J. “Hamilton-area hospitals cutting $24.7 million”. Hamilton Spectator. July 27, 2012. 272 Tapley, J. Seeking a Healthier System. Ingersoll Times. July 9, 2014. 68 96 273 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 274 Tyler K. “Bluewater Health planning to cut 33 positions to save close to $5.8 million”. Sarnia Observer. January 28, 2015. 275 J.D. “Bluewater Health continues to provide more services without knowing now much provincial funding it will get”. Lambton Shield. October 25, 2012. 276 Michaels, L. “ONA Says Bluewater Health Cutting 39 Nurses”. Blackburn News. February 3, 2015. 277 Van Brenk, D. “St. Joe’s cuts 59 jobs, warns wait time will go up.” The London Free Press. February 12, 2013. 278 QMI Agency. “Hospital staff cuts expected”. January 15, 2013 . 279 Patis, Ashton. “CKHA to run deficit” Blackburn News, February 7, 2013. 280 Gough. V. “Hospital cutting 22 jobs”. Chatham Daily News. November 15, 2013. 281 Patis, Ashton. “CKHA to run deficit” Blackburn News, February 7, 2013. 282 Gough, D. “Bed closing expected”. The London Free Press. July 31, 2012. 283 Veneza, R. “Wallaceburg ER Worries Ramping Up”. BlackburnNews.com. March 23, 2016. 284 Ibid. 285 Gough, D. “Bed closing expected”. The London Free Press. July 31, 2012. 286 Gough, D. “Changes at hospital a cause for concern”. Postmedia Network. Novemeber 15, 2013 287 Montgomery, B. “Rural Maternity Wards Declining in Huron and Perth”. Blackburn News. March 16, 2015. 288 Brain L. “Clinton Hospital to cut nursing jobs”. Telegram & Gazette. March 13, 2015. 289 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 290 Slater, S. “Cuts in continuing care beds outlined in LHIN recommendation”. South Western Ontario (Metroland Publishing). November 17, 2014. 291 Chessell, B. “Stratford and Huron Perth Health Alliance Hospital Cuts”. Stratford Beacon-Herald. August 22, 2014. 292 CTV Windsor. “Public meeting on fate of Leamington OB unit”. CTV News Windsor. November 12, 2014. 293 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 294 Ibid. 295 Kerr, P. “Community support need to save Wingham hospital”. SouthwesternOntario.com. May 21, 2014. 296 Ibid. 69 97 297 Sher, J. “City hospitals must cut $32 million” London Free Press. March 31, 2015. 298 Sher, J. “Surgeons point finger at LHIN, which blames hospitals”. The London Free Press. December 7, 2015. 299 Sher, J. “Critical bed shortage for mentally in London raised at Queen’s Park”. The London Free Press. March 4, 2016. 300 Ibid. 301 Sher, J. “London Health Sciences Centre eliminating 27 nursing positions, 41 cleaners to balance budget”. The London Free Press. March 31, 2014. 302 Sher, J. “London Health Sciences Centre eliminating 27 nursing positions, 41 cleaners to balance budget”. The London Free Press. March 31, 2014. 303 Miner, J. “London Health Sciences Center announces up to 60 job cuts”. The London Free Press. April 3, 2013. 304 Sher, J. “Critical bed shortage for mentally in London raised at Queen’s Park”. The London Free Press. March 4, 2016. 305 AM980 News (staff). “NDP Questions Elective Surgery Slowdown At LHSC.” CFPL AM – AM980. March 25, 2015. 306 Sher, J. “Big cuts in works for London hospitals”. The London Free Press. June 7, 2012. 307 Richardson, T. “Hospital network hit by new formula”. The Kincardine News. November 27, 2012. 308 Sher, J. “Funding change seen as a blow to community hospital care”. Times-Journal (St. Thomas). February 24, 2016. 309 Matys, F. “Nurses fear job cuts at Orillia hospital”. Orillia Today. March 17, 2016. 310 Burton, B. “Barrie hospital balances 2016-2017 budget”. Barrie Examiner. March 8, 2016. 311 Ramsay, J. “Barrie hospital working to trim $10.6 million to balance budget”. Simcoe.com. April 16, 2016. 312 Brandt, R. “MPPs Hope To Save Chesley Restorative Care”. Blackburn News. February 4, 2015. 313 Crosby, D. “Outpatient physio could return to South Bruce Grey Health Center Kincardine by Dec. 1”. September 28, 2015. 314 SBGHC News. “Kincardine Site Redevelopment Project Update.” SBGHC website. July 16, 2014. 315 Crosby, D. “Outpatient physio could return to South Bruce Grey Health Center Kincardine by Dec. 1”. September 28, 2015. 316 Ibid. 317 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 318 Kernaghan, G. “2016-2017 budget update”. 319 CTV London. “Facing a $5.9M deficit, St Joseph’s to reduce staff by 60 positions”. CTV London. March 30, 2016. 70 98 320 Kernaghan, G. “2016-2017 budget update”. 321 CTV London. “Facing a $5.9M deficit, St Joseph’s to reduce staff by 60 positions”. CTV London. March 30, 2016. 322 Van Brenk, D. “St. Joe’s cuts 59 jobs, warns wait time will go up.” The London Free Press. February 12, 2013. 323 Donachie, M. “Jobs cut as St. Joseph’s Health Care London balances budget”. Metro. February 25, 2014. 324 Van Brenk, D. “St. Joe’s cuts 59 jobs, warns wait time will go up.” The London Free Press. February 12, 2013 325 Kernaghan, G. “2016-2017 budget update”. 326 Ibid. 327Ibid. 328 Kitching, S. “Parkwood Cutting More Veterans Beds.” Blackburn News. September 3, 2013. 329 Ibid. 330 Van Brenk, D. “St. Joe’s cuts 59 jobs, warns wait time will go up.” The London Free Press. February 12, 2013 331 Bieman, J. “Jobs cut at St. Thomas Elgin General Hospital attempts to stem $1 million operating budget deficit.” St. Thomas Times. Feburary 5, 2016. 332 Bieman, Jennifer. “St. Thomas Elgin General Hospital finding it difficult to keep pace with rising costs.” St. Thomas Times. February 20, 2016. 333 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 334 Jean, K. “Tillsonburg reaction to continuing care bed cut recommendations.” Mitchell Advocate. June 19, 2014 335 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 336 Ontario Nurses Association. “Registered nurses at Windsor Regional says cuts are far worse for our patients than first thought”. Ontario Nurses’ Association. January 18, 2016. 337 Ibid. 338 Ibid. 339 Ibid. 340 Ibid. 341 Cross, B. “Loss of nursing home beds will strain the system, says hospital CEO”. Windsor Star. December 13, 2015. 342 Fantoni, B. “Windsor Regional Hospital to cut 34 nurses” Windsor Star, February 7, 2013. 71 99 343 Ibid. 344 Ibid. 345 CBC News (staff). “9 Jobs cut at Windsor Regional Hospital.” CBC News Windsor. January 21, 2013 346 CBC News (staff). “Hospital out-patient services on chopping block.” CBC News Windsor. October 5, 2012. 347 Sher, J. “Funding change seen as a blow to community hospital care”. Times-Journal (St. Thomas). February 24, 2016. 348 Gibson, E. et al. “Access to Care: CCC/Rehab Steering Committee Phase 2 Bed Realignment Recommendations Report”. June 2, 2014. 72 100 Submission to the Standing Committee on Finance & Economic Affairs January 31, 2016 Ontario Health Coalition 15 Gervais Drive, Suite 604 Toronto, ON M3C 1Y8 Tel: 416-441-2502 Email: ohc@sympatico.ca www.ontariohealthcoalition.ca 101 2 102 Mission and Mandate Our primary goal is to protect and improve our public health care system. We work to honour and strengthen the principles of the Canada Health Act. We are led by our shared commitment to core values of equality, democracy, social inclusion and social justice; and by the five principles of the Act: universality; comprehensiveness; portability; accessibility and public administration. We are a non-partisan public interest activist coalition and network. To this end, we empower the members of our constituent organizations to become actively engaged in the making of public policy on matters related to our public health care system and healthy communities. We seek to provide to member organizations and the broader public ongoing information about our health care system and its programs and services, and to protect our public health system from threats such as cuts, delisting and privatization. Through public education and support for public debate, we contribute to the maintenance and extension of a system of checks and balances that is essential to good decision-making. We are an extremely collaborative organization, actively working with others to share resources and information. Who We Are The Ontario Health Coalition is comprised of a Board of Directors, committees of the Board as approved in the Coalition’s annual Action Plan, Local Coalitions, member organizations and individual members. Currently the Ontario Health Coalition represents more than 400 member organizations and a network of Local Health Coalitions and individual members. Our members include: seniors’ groups; patients’ organizations; unions; nurses and health professionals’ organizations; physicians and physician organizations that support the public health system; non-profit community agencies; ethnic and cultural organizations; residents’ and family councils; retirees; poverty and equality-seeking groups; women’s organizations, and others. 3 103 Priority Recommendation: Stop Devastating Hospital Cuts & Restore Funding to Average of Other Provinces Hospital global funding increases have been set below the rate of inflation since at least 2008. Since 2012/13 global hospital budget funding levels have been frozen. In sum, this means that global hospital budgets have been cut in real dollar terms (inflation-adjusted dollars) for 8 years in a row. This is the longest period of hospital cuts in Ontario’s history and there is no end in sight. The evidence shows that the hospital funding formula and austerity measures that have cut global hospital budgets in real dollar terms for almost a decade, have resulted in a dramatic reduction in needed services. By key measures, Ontario now ranks at the bottom of comparable jurisdictions in key measures of hospital care levels. As a result, hospitals large and small in every geographic region of Ontario are cutting needed services. Hospitals are now at dangerous levels of overcrowding; staffing levels have dropped precipitously; and patients are suffering as they are forced to wait longer and drive further to access care and are discharged before they are stable. A sampling of recent cuts: • North Bay – 30 – 40 beds closing and 140 staff positions to be cut. • Brockville – 17 Registered Nurses cut affecting departments across the hospital. • London – up to 500 surgeries including hip, knee, gall bladder and others cancelled until next fiscal year due to inadequate funding of surgery budgets. • Woodstock – hip, knee and other surgeries cancelled til next fiscal year. • Trenton – virtually all surgeries cut and closed down along with half the remaining acute care beds. • Minden – the hospital CEO is speculating openly about closing the Minden hospital. • Niagara – five entire hospitals to be closed and replaced with one. • Windsor -- > 160 nurses and staff positions to be cut affecting departments across the hospital. • Kitchener-Waterloo – 68 staff positions to be cut affecting departments across the hospital. • Midland – at risk: birthing, cafeteria, OR closure 2 days per week, ICU beds to be cut, along with beds and other services. The Ontario Health Coalition is deeply concerned about the cuts to our province’s public hospitals and has focused our pre-budget submission on one key recommendation: Recommendation: The hospital cuts must be stopped immediately. Hospital funding must be restored to the average of the other provinces in Canada and funding must go to restoring and improving service levels to meet population need. 4 104 Ontario Ranks at the Bottom in Key Indicators of Hospital Care Levels The evidence is indisputable that Ontario’s government has cut hospital care to the lowest levels of all provinces in Canada. As illustrated in Chart 1, Ontario has the fewest hospital beds left per capita of any province, and that number is declining. In 2008-09, Ontario had 2.5 hospital beds per 1000 population, according to Canadian Institute for Health Information (CIHI) data. Today that number has dropped to 2.3 hospital beds per 1000 population. The other provinces average 3.5 hospital beds per 1000 people. The difference of 1.2 beds per 1,000 population is vast. On an aggregate per capita basis Ontario now has 16,440 less hospital beds than the average. In fact, Ontario’s government has cut more than 18,000 hospital beds since 1990 and still the cuts are continuing. Chart 1. Hospital Beds Per 1000 (population) By Province 2013-14 Newfoundland & Labrador 4.6 New Brunswick 3.8 Saskatchewan 3.6 Nova Scotia 3.4 Manitoba 3.3 PEI 3.3 British Columbia 3 Alberta 2.8 Ontario 2.3 Average other provinces 3.5 Author’s calculations from: Canadian Institute for Health Information, Data Table: Hospital Beds Staffed and in Operation 2013-14. Population statistics from Canadian Institute for Health Information, National Health Expenditures Database 2015. 5 105 Not only has Ontario cut more hospital beds than any other province in Canada, we also now rank at the bottom of international data on hospital beds per population. Compared to 33 countries of the OECD, Ontario is third last in hospital beds per capita, followed only by Mexico and Turkey. Chart 2. Source: OECD, Health Statistics 2015 at http://stats.oecd.org/Index.aspx? DataSetCode=HEALTH_REAC OECD Hospital Beds Per 1000 Population 2013 Japan 13.3 Korea 11.0 Germany 8.3 Austria 7.7 Hungary 7.0 Poland 6.6 Czech Republic 6.5 France 6.3 Belgium 6.3 Slovak Republic 5.8 Luxembourg 5.1 Estonia 5.0 Finland 4.9 Greece 4.8 Switzerland 4.7 Slovenia 4.6 Norway 3.9 Australia 3.8 Italy 3.4 Portugal 3.4 Iceland 3.2 Israel 3.1 Denmark 3.1 Spain 3.0 United States 2.9 Ireland 2.8 New Zealand 2.8 United Kingdom 2.8 Canada 2.7 Turkey 2.7 Sweden 2.6 Ontario 2.3 Chile 2.2 Mexico 1.6 OECD Average 4.8 6 106 As hospital beds continue to be cut and closed down, nurses, health professionals and support staff have also been cut dramatically. Ontario has dropped to the bottom of the country in nurse to patient ratios. Data from the Canadian Institute for Health Information shows that Ontario now has the least hours of nursing care per hospital patient. Yet nurse staffing levels continue to be cut. Chart 3. Nursing Inpatient Services Total Worked Hours per Weighted Case 2007- 2008 2008- 2009 2009- 2010 2010- 2011 2011- 2012 NFLD 52.2 53.26 54.48 55.9 52.9 PEI 83.48 N/R 62.19 62.46 61.66 N. S. 56.79 57.34 U U 54.95 N.B. 54.98 55.46 56.26 57.29 58.13 Quebec 49.73 50.06 50.82 50.73 52.47 Ontario 44.98 44.76 43.71 42.81 42.88 Manitoba 54.41 54.27 53.87 53.06 53.97 Saskatchewan 49.37 51.42 51.28 52.95 54.18 Alberta 54.12 54.65 54.52 54.24 54.36 B.C. 44.24 45.27 45.03 45.87 46.27 NWT U 83.05 88.51 69.48 N/R Yukon 48.84 48.97 50.25 56.31 54.51 Weighted Average 48.59 48.8 48.36 48.2 48.98 Source: Canadian Institute for Health Information, 2013. Across Canada, patients receive 14.2 per cent more nursing care than do patients in Ontario’s hospitals. Chart 3 illustrates the growing gap between Ontario and the rest of Canada in nursing hours per patient (ie. per weighted case). In 2007 – 08 Ontario’s nurse staffing hours were 3.61 hours below the average of Canada per weighted case. By 2011-12, Ontario’s nurse staffing hours were 6.1 hours below the average of the country. That is a 69 per cent increase in the differential in just four years. As the hospital cuts have continued and escalated since 2011-12, we can expect that gap to be even wider when more recent data becomes available. 7 107 Eight Years of Real-Dollar Cuts Mean Ontario Has Dropped to the Bottom of the Country in Hospital Funding The above data gives a statistical overview of some key indicators of hospital service levels in Ontario compared to other jurisdictions in Canada and internationally. The following section measures hospital funding compared to other provinces in Canada. As noted above, Ontario’s government has set global hospital operating funding increases below the rate of inflation for 8 consecutive years – the longest period of hospital cuts in our province’s history. For the last four years, hospital global funding has been frozen. In real dollar terms, Ontario is in its eighth year of hospital cuts. Today, by all measures, Ontario has dropped far below the other provinces in hospital funding. Measured on a per capita basis, the most recent data from the Canadian Institute for Health Information National Health Expenditures Database shows that Ontario ranks second-last in hospital funding. For the last few years, Ontario and Quebec have traded places for lowest ranking in the country. We are significantly below the national average. In fact, Ontario’s government funds our public hospitals $501 less per person than the average of the other provinces. Chart 4. Public Hospital Funding Per Person, 2015 Current $ Newfoundland & Labrador $2,406 Alberta $2,245 Prince Edward Island $1,995 New Brunswick $1,971 Nova Scotia $1,907 Manitoba $1,818 British Columbia $1,797 Saskatchewan $1,761 Ontario $1,419 Quebec $1,382 Average of the other provinces $1,920 Difference between Ontario and the average of the other provinces Ontario funds hospitals at $501 per person less Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 Hospital spending per person is a clear comparison of how many resources our government is allocating to these services. To measure economic sustainability or affordability, GDP (which measures economic output) is used as the comparator. As measured as a percentage of provincial GDP, the results are the same. Ontario is second last in Canada, followed only by Saskatchewan which saw significant GDP 8 108 growth in recent years. This measure shows that Ontario has room to improve hospital funding while keeping funding at sustainable levels, as long as funding goes to improving services. Chart 5. Public Hospital Funding as % of Provincial GDP 2015 PEI 4.73 % New Brunswick 4.45 % Nova Scotia 4.31 % Newfoundland & Labrador 3.82 % Manitoba 3.59 % British Columbia 3.35 % Quebec 2.97 % Alberta 2.67 % Ontario 2.64 % Saskatchewan 2.38 % Average of the other provinces 3.59 % Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 Sustainability can also be measured in terms of expenditure as a proportion of the provincial budget. In Ontario, hospital funding as a share of the provincial budget has been declining for decades. The most recent data show that we are third last among Canadian provinces for hospital spending as a proportion of total program spending. Again, the data show that we are considerably lower than the average of the other provinces and there is room to improve hospital funding to stop the cuts and restore service levels to meet population need. Chart 6. Public Hospital Funding as % of All Provincial Program Funding 2014 Nova Scotia 20.72 % British Columbia 19.44 % New Brunswick 18.95 % Alberta 18.91 % Newfoundland & Labrador 18.61 % Manitoba 17.94 % PEI 17.56 % Ontario 15.34 % Saskatchewan 14.73 % Quebec 11.16 % Average of other provinces 17.56 % Source: Author’s calculations from CIHI, National Health Expenditures Database 2015 9 109 Hospital Overcrowding, Cuts and Early Discharges: Impact on Patients Ontario has not conducted a hospital bed study to measure population need and assess how many hospital beds should be planned for more than fifteen years. To the extent that data is being used in planning at all, the numbers that are being used are two decades out of date. Instead of using an evidence- based planning approach, Ontario’s health policy has centred on constraining hospital budgets, cutting services and reducing patient length of stay. As a result, Ontario is suffering from a shortage of hospital beds and services that is negatively affecting patients’ access to care and safety. Ontario’s hospital occupancy levels are extraordinarily high. According to Ministry of Health data, by 2010 there were, on average, 30,164 inpatients1 in Ontario’s 30,810 hospital beds.2 The provincial hospital bed occupancy rate is 97.8%, much higher than other jurisdictions. By comparison, the OECD reports an average occupancy rate for acute care beds of 75%.3 In the United States, the average hospital occupancy rate is 68.2%.4 Most often cited in the academic literature, a target hospital occupancy rate to reduce access blockages and improve outcomes is 85%. The consequences of hospital overcrowding warrant public attention. Within hospitals, overcrowding is associated with serious quality of care issues. Overcrowded emergency departments do not have appropriate staffing ratios for critical care or intensive care patients who require intensive monitoring by specially trained staff. Across Europe, hospital occupancy rates have been cited as a determining factor in hospital-acquired infections (HAIs), and indeed Ontario has experienced repeated waves of Hospital Acquired Infection outbreaks. Cancelled surgeries and prolonged waits are associated with poorer health outcomes. Ontario’s extremely high occupancy poses a significant threat to patient safety and quality of care. Emergency room overcrowding is epidemic among large and medium-sized community hospitals in Ontario, and a frequently noted factor in ER wait times is the unavailability of acute care beds.5 In 2011, 1 See: http://www.healthsystemfacts.com/Client/OHA/HSF_LP4W_LND_WebStation.nsf/page/Average+Number+of+Inpa tients+on+Any+Given+Day+Ontario 2 Ontario Hospital Association at http://www.healthsystemfacts.com/Client/OHA/HSF_LP4W_LND_WebStation.nsf/page/Beds+staffed+and+in+ope ration+Ontario+1990+to+large 3 OECD “Health at a Glance 2009” page 95. 4 National Center for Health Statistics, “Health, United States 2010”, 2011, page 354. 5 See: Forster, A.J. et al “The Effect of Hospital Occupancy on Emergency Department Length of Stay and Patient Disposition” Academic Emergency Medicine, 2003; CIHI “Understanding Emergency Department Wait Times”; Sampling of hospital bed occupancy rates (final quarter 2013) • Napanee/Lennox/Addington: 123% • Sault Ste Marie area: 114% • Toronto Hosp. for Sick Kids: 110% • Toronto Central: 110% • London Health Sciences Centre: 108% • Exeter South Huron: 106% • Burlington Joseph Brant: 106% • Hamilton Niagara Haldimand Brant: 106% • Niagara Health System: 104% • Windsor Hotel Dieu Grace: 101% • Erie St. Clair: 101% • Oakville Halton Health: 101% • Mississauga Halton: 101% • The Ottawa Hospital: 101% • Barry's Bay St Francis: 101% • Thunder Bay Regional: 100% • Newmarket Southlake Reg.: 100% From Ministry of Health data accessed by Jonathan Sher, London Free Press. See: http://www.torontosun.com/2014/03 /07/ont-health-ministry-data-on- hospital-overcrowding-riddled-with- errors 10 110 Ontario had, on average 592 patients waiting in emergency departments for admission to an inpatient bed. This represents almost 4% of Ontario’s total acute care beds.6 A study by Ontario researchers has demonstrated that long waiting times increase the risk of death and hospital readmission for patients who have been discharged from the emergency department. This study, published in the British Medical Journal looked at 22 million patient visits to Ontario emergency departments over a five year period, and found that the risk of death and hospital readmission increased with the degree of overcrowding at the time the patient arrived in the emergency department. The authors estimate that if the average length of stay in the emergency department was an hour less, about 150 fewer Ontarians would die each year.7 Not only is there a problem getting into hospitals, there is also a serious issue of patients being discharged too early and without placement in home care and in long term care homes. The Advocacy Centre for the Elderly reports that they receive frequent complaints from patients who are subject to pressure tactics to move them out of hospitals. Hospital policies may include statements that if person refuses to pick from short lists of long term care facilities that are not of their choosing, or if the patient refuses to take first available bed, then will be charged a large per diem ranging from $600 a day to $1800 a day.8 In many cases the charges levied against patients in an attempt to move them out of hospital are unlawful. In addition to reduced hospital beds and shorter lengths of stay for hospital patients, entire departments have been systematically cut from local hospitals. Outpatient rehabilitation, social work, laboratories and an array of outpatient services have been slashed. In many cases this care is moved far away from patients’ home communities, privatized and subject to new user fees, or simply inaccessible. B.H.Rowe et al., “Frequency, Determinants, and Impact of Overcrowding in Emergency Departments in Canada” 2006; OHA, OMA, MOHLTC, “Improving Access to Emergency Care: Addressing System Issues” 2006. 6 Ontario Hospital Association, “ALC Study”, June 2011. 7 BMJ 2011; 342:d2983 8 Wahl, Judith, Advocacy Centre for the Elderly. “ALC, Hospital Discharge, Long Term Care and Retirement Home – What Happened to the Law and Ethics ?” Power Point presentation 2011. Consequences of Emergency Department Overcrowding • Patient suffering, dissatisfaction and inconvenience • Poor patient outcomes • Increased morbidity and mortality • Poor quality of care • Contribution to infectious disease outbreaks • Violence aimed at hospital staff and physicians • Decreased physician and nursing productivity • Deteriorating levels of service • Increased risk of medical error • Negative work environments • Negative effects on teaching and research Source: Physician Hospital Care Committee Report to the Ministry of Health and Long-Term Care, Ontario Medical Associaiton and Ontario Hospital Association Tripartite Committee, Improving Access to Emergency Care: Addressing System Issues, August 2006. 11 111 Misalignment with Provincial Government Policy & Requirements of the Canada Health Act Under the Canada Health Act, hospital and physician services are to be provided without financial barrier on equal terms and conditions to all Canadians. That means that the cost of illness and injury is to be shared by all Canadians, and care is to be provided through our public taxes so that people are not burdened when they are ill, injured or dying; when they are least able to pay. The fundamental principles of compassion and equity, of which Canadians are rightfully so proud, are embodied in this system of health care for all. The Canada Health Act was passed with unanimous support from all political parties in Parliament. Provincial governments are expected to uphold the principles of Public Medicare for all, as enshrined in the Canada Health Act. But when public hospital services are cut, and services are offloaded from public hospitals, services are inequitable, subject to user fees, ad hoc and almost always privatized. Patients are faced with burgeoning user fees and costs that cause hardship and suffering, just when people are least able to bear them. As hospital services have been cut, an increasing scope of care has been offloaded to private clinics. The Ontario Health Coalition has conducted repeated rounds of research aimed at determining how many private clinics are charging extra user fees to patients for medically necessary services. In our studies in 2008 and 2014, we found a significant number of private clinics that are charging patients hundreds to thousands of dollars on top of billing OHIP for services. In a significant number of cases, private clinics are charging patients for medically necessary services, in violation of the Canada Health Act. Increasingly, clinic operators are also using manipulative and confusing information to persuade patients that they will have poorer health outcomes if they do not pay hundreds or even thousands of dollars for their cataract surgeries and associated tests and assessments. The evidence shows that ownership matters. Cuts to public hospital services are resulting in for-profit privatization of needed care, and private clinic operators are eroding the first principle of Public Medicare in Canada, that care must be provided equally, based on need not wealth. 12 112 March 2016 Our Hospitals are Facing Serious Cuts On the Chopping Block Across Ontario: • Hospital beds, emergency departments, birthing and surgical units, palliative care and many other services. • Hundreds of nursing positions, along with the thousands of hours/year of hands-on care that they provide to patients. • Laboratories, diagnostics, outpatient clinics and vital housekeeping and clerical support services. If we don’t stop them What do the cuts mean for our communities? As staff, beds and services are cut, our hospitals are less able to meet our communities’ needs. The cuts mean: • Patients waiting for days in the emergency department or on stretchers in hallways because there are no beds available. • Surgeries cancelled because of too little funding or because there are no beds. • Patients being discharged much too early. • Patients being forced to pay user fees in a private clinic for medically-necessary care. Ontario Health Coalition @OntarioHealthC 604 - 15 Gervais Dr. Toronto ON, M3C 1Y8 ohc@sympatico.ca www.ontariohealthcoalition.ca 416-441-2502 Communities That Fight Back, Win! Communities across the province are facing round after round of devastating cuts. All across Ontario, regular people are taking up the call and are planning local campaigns to fight back against the cuts in their communities. Communities that have been vocal, have had some success in stopping the cuts. Working with local communities we have successfully stopped the closure of small and rural hospitals, saved emergency departments, cancer care and birthing services, and won the re-opening of hospital beds. What We Can Do to Save Our Services  Help distribute this fact sheet in your neighbourhood/community.  Send an email to your local Member of Provincial Parliament (MPP) and ask them to put pressure on the Liberal government to stop the hospital cuts.  Join your local Health Coalition and get involved in helping to save local hospital services. http://www.ontariohealthcoalition.ca/index.php/ get-involved/find-a-local-health-coalition/ 113 Did You Know? Ontario’s government has been pursuing the most aggressive hospital cuts plan of anywhere in Canada, and anywhere in the developed world. Ontario is currently in the ninth straight year of real-dollar hospital cuts by our provincial government. This is the longest period of hospital cuts in Ontario’s history and there is no end in sight. As a result of the funding cuts by our provincial government, Ontario’s hospitals have cut more hospital beds than any other province in Canada. In fact, we have dropped far below the rest of Canada. Among all developed countries, only Mexico and Chile have fewer hospital beds than Ontario. Hospital Beds Per 1000 (population) By Province 2013-14 Newfoundland & Labrador 4.6 New Brunswick 3.8 Saskatchewan 3.6 Nova Scotia 3.4 Manitoba 3.3 PEI 3.3 British Columbia 3 Alberta 2.8 Ontario 2.3 Average other provinces 3.5 Source: Calculated from Canadian Institute for Health Information, National Health Expenditures Database 2015 Due to funding cuts, Ontario now has the most overcrowded hospitals in the country with patients left on stretchers in hallways for days waiting for beds. We are calling on the Ontario government to:  Stop the devastating hospital cuts and improve hospital funding to at least the average of the other provinces.  Spend our health care dollars on providing direct, front-line patient care and vital support services. Public Hospital Funding Per Person, 2015 Current $ Newfoundland & Labrador $2,406 Alberta $2,245 Prince Edward Island $1,995 New Brunswick $1,971 Nova Scotia $1,907 Manitoba $1,818 British Columbia $1,797 Saskatchewan $1,761 Ontario $1,419 Quebec $1,382 Average of the other provinces $1,920 Difference between Ontario and the average of the other provinces Ontario funds hospitals at $501 per person less 114 Oxford Detachment 2015 Year End Ontario Provincial Police 115 Detachment Personnel – Staff Strength Headcount Uniform (Oxford County) Inspector -1 Staff Sergeant -2 Sergeant -9 Constable - 90 TOTAL Uniform- 102 Civilian (Tillsonburg) 3 Court Officer 7 Clerical Excludes Unclassified Civilians and Casual Part-Time Police.Source: Workforce Information Network (WIN) Extract 21Apr2016) 116 Tillsonburg Costing Summary 2016 Estimate $2,963,984 OT within Estimate $72,984 Savings over 2015 Estimate $171,423 2015 Estimate $3,135,407 OT within Estimate $72,933 Estimates are not reduced for CPP or 1000 officer Grants. 117 Prisoner Escort Refund – Tillsonburg 2015 Jan $810 Jan $1,080 Feb $810 Feb $1,215 Mar $810 Mar $810 Apr $810 Apr $1,080 May $2,295 May $945 Jun $1,215 Jun $1,080 Jul $1,350 Jul $945 Aug $1,215 Aug $675 Sep $945 Sep $810 Oct $1,080 Oct $1,350 Nov $1,350 Nov $810 Dec $945 Dec $810 TOTAL $13,635 TOTAL $11,610 2015 vs 2014 118 9-1-1 & Alarm Calls For Service 2014 2015 Alarms (All alarm calls reported, excluding Fire) 346 274 9-1-1 Calls (Misdial, Accidental, Kids Playing, Phone line issues) 374 339 Source: Ontario Provincial Police, Daily Activity Reporting System, 18Apr2016 119 Crime 2014 2015 County / Tburg County / Tburg Possession 70 26 62 33 Trafficking 43 18 20 13 Importation & Production 15 6 3 0 Total Drugs 128 50 85 46 Source: BI Cube . Printed 18Apr2016 Number of Persons County Number of Persons Tillsonburg 14 3 2015 Intelligence- Led Policing – Crime Abatement Strategy Drug Related Source: Daily Activity Reporting (DAR), Local Statistics Area, 18Apr2016 120 Crime con’t Major Crimes (actual incidents) Offence 2014 County / Tillsonburg 2015 County / Tillsonburg 01-Sexual Assault 59 12 31 11 02-Robbery 6 1 4 0 03-Assault 228 70 185 74 04-Break & Enter 293 71 156 16 05-Auto Theft 89 8 81 10 06-Theft Over 18 3 29 4 07-Theft Under 532 135 324 84 08-Mischief 352 80 345 108 09-Impaired 77 16 71 14 Total 1654 425 1226 321 121 Provincial Offences Tickets written in Tillsonburg 2014 2015 1,179 968 122 Type of Ticket # of Tickets % of tickets issued Speeding 190 20% Failure to Obey Sign/Light 66 7% Plate/Permit/Insurance 355 37% Trespass/Liquor 82 8% Seatbelt 31 3% Drive Handheld Device 77 8% Improper Turn/Fail to Yield 89 9% Careless 21 2% Other 57 6% Total 968 100% Tickets written in Tillsonburg 2015 123 Fatal Motor Vehicle Collisions on Roadways For Oxford County (Includes Roadway, All-Terrain Vehicle and Motorized Snow Vehicle Collisions) All County 2014 2015 Total Fatal MVCs 10 6 # of Fatal MVCs where speed is a Factor 4 2 # of Fatal MVCs where alcohol is a Factor 0 2 # of Fatalities where lack of seatbelt use is a Factor 4 2 # of Fatal MVCs where distracted driving is a Factor 3 1 # of Fatal MVCs where wildlife is a Factor 0 0 Source: Ontario Provincial Police Collision Reporting System (CRS), 18Apr2016 124 MOTOR VEHICLE COLLISIONS TOWN OF TILLSONBURG 2015 Motor Vehicle Collision Type 2015 Totals Personal Injury 30 Personal Injury Fail to Remain 2 Property Damage Non-Reportable 68 Property Damage Reportable 135 Property Damage Fail to Remain 34 Fatality 1 Other Motor Vehicle Collision 5 Totals 275 The above table represents the number of incidents per collision category in 2015 (Source BI Cube, UCR 8521, & sub categories, 0010, to 0070 printed 18Apr2016) 125 Locations of Motor Vehicle Collisions in Tillsonburg 2015 126 Primary Collision Locations within Tillsonburg 2015 (Top 10 Locations) Town Centre Mall - parking lots 29 Other parking lots along Broadway Street 18 Simcoe Street 15 Oxford Street 10 Tillson Avenue 9 Broadway at Brock 7 Concession Street 7 Broadway at Ridout 6 Bidwell Street 5 North Street 5 127 Breakdown of Break and Enter Types Tillsonburg – 2015 Residential - 9 Business - 2 Other (shed/out buildings) - 5 ** Total 19 reported, 3 Unfounded, 16 Actual Source RMS UCR code 2120. printed 18Apr2016) 128 Town of Tillsonburg Break and Enter Report Five Year Trend Analysis BREAK AND ENTER INCIDENTS 2011 2012 2013 2014 2015 Reported 50 44 30 78 19 Unfounded 4 7 2 10 3 Actual 46 37 28 68 16 Clearance Rate 22% 22% 21% 14.5% 12.5% The above chart shows the 5 year trend in the number of Break and Enter Incidents in the Town of Tillsonburg 2012 to 2015. (Source BI Cube Crime Stats for 2015 Break and Enters 18Apr2016 129 Town of Tillsonburg Break and Enter 2015 Projected vs Actual Incidents 130 Locations of Break and Enters – Tillsonburg 2015 131 Speed Signs The signs will continue to be placed where speeding is suspected or complaints have been received. 132 SCAMS The Canadian Anti Fraud Centre/1-888-495-8501 reports that in 2015, mass marketing scams, on-line and telephone, represents $61,000,000* lost. “Romance/Heartbreak Scam” alone accounted for $15,000,000* lost in 2015. (* This number represents complaints received in 2015, but the actual number of attempts made, successful or not, is anyone’s guess. CAFC suggests this represents only 5% of actual losses) 133 2015 Top 10 SCAMS (reported by Better Business Bureau) 1.CRA (Canada Revenue Agency) – 2.9 million 2.Romance – $15 million 3.Lottery – $6.6 million 4.Investment Fraud – $6 million 5.Secret/Mystery Shopper – $3.9 million 6.Subscription Scam – $3 million 7.Imposter/ Phishing Scam – $5.8 million 8.Private Sale/ Craig’s List /Kijiji – $5.3 million 9.Grandparent/Emergency – $1.9 milllion 10.Lending/Up front Fees Scam – $1 million Locally – Tillsonburg Hydro www.antifraudcentre.ca **Does not include Identity Theft 134 Citizen Self Reporting Online Citizen Self Reporting www.opp.ca/reporting Using the Citizen Self Reporting system, specific incidents can be reported online at your convenience without attending a detachment or waiting for an officer. Do NOT use if there is an EMERGENCY. 135 Citizen Self Reporting Use this online reporting system to report: Theft Under $5,000 Mischief/Damage to Property Under $5,000 Mischief/Damage to Vehicle Under $5,000 Theft From Vehicle Lost/Missing Property Stolen Licence Plates Driving Complaint (after the fact) 136 Citizen Self Reporting All submissions will be reviewed by an officer, and you may be contacted to provide more information. You must have a valid e-mail address in order to submit a report. Please note: This system is not compatible with mobile handheld devices such as phones or tablets. 137 “Our Community” “Our Safety” 9-1-1 EMERGENCIES ONLY Police- Crimes in progress, motor vehicle collisions, home invasion, assaults, child abduction. NON-EMERGENCY: 1-888-310-1122 Police- Traffic concerns, suspicious activity, drug location, crimes where suspect has left scene, community issues TILLSONBURG OPP Admin Office 519-688-6540 Police – For admin purposes only, clearance letters, community events 138 Questions? Thank You A/Inspector Anthony Hymers Oxford County OPP 139 140 141 142 143 Report Title Town Hall Project Steering Committee Space Needs Study Report Report No. CA0 16-04 Author David Calder on behalf of the Town Hall Project Steering Committee Meeting Type Council Meeting Council Date May 9, 2016 Attachments • TOWN OF TILLSONBURG SPACE NEEDS STUDY • TOWN HALL STEERING COMMITTEE TERMS OF REFERENCE RECOMMENDATION THAT Council receive report CAO 16-05 Town Hall Project Steering Committee Space Needs Study Project. AND THAT Council approve the Town Hall Project Steering Committee’s continued work on investigating site locations, budget requirements and possible financing options for a future Town Hall building. EXECUTIVE SUMMARY The purpose of the Town Hall Project Steering Committee is to provide input, feedback, advice and recommendations on the business and financial decisions for the location and construction/renovation of a building for the purpose of a Tillsonburg Town Hall. The primary function of the Town Hall Project Steering Committee is to take responsibility for establishing a business case and the achievement of outcomes of the Tillsonburg Town Hall Project as identified in the Terms of Reference. The first step in the Committee’s work was to define space needs for a standalone Town Hall taking into account the need for public space, joint space, Council Chambers, meeting rooms and Town administration offices. CONSULTATION/COMMUNICATION The Committee has met a number of times over the last number of months to oversee the Space Needs Study as contracted with KNY Architects. The final Space Needs Study report is being presented to Council by the consultant. Chair Marty Klein will be in attendance to provide a brief overview of the Committee’s work to date and introduce Mr. Stephan Namismniak, Architect, Vice President, KNY Architects Inc. who will present the Town of Tillsonburg Space Needs Study. Page 1 / 2 Town Hall Project Steering Committee Spa 144 With the completion of the Space Needs Study, the Town Hall Project Steering Committee would like to continue its work and investigate site locations, possible partnership opportunities, budget requirements and financing options for a future Town Hall. COMMUNITY STRATEGIC PLAN IMPACT Excellence in Local Government through the development of a standalone Town Hall as the seat of government for the municipality of the Town of Tillsonburg. Ensure the implementation of an appropriate communication strategy to inform the community and obtain input from the community as the project moves forward. FINANCIAL IMPACT/FUNDING SOURCE The Town Hall Project Steering Committee will continue to require some Town funding for meeting expenses which can be accommodate within the current budget. Any other funding requests would come to Council for approval prior to any resources being allocated. This could include the need for cost consultants, architectural services, realty services and legal services. As well, should a building/renovation project be recommended a funding plan, budget and sources of funding would be required. Page 2 / 2 CAO 145 Town Hall Project Steering Committee TERMS OF REFERENCE Mandate: The high level objective of the project is to construct a modern, efficient and functional Town Hall that will accommodate current and future needs of the Corporation to be able to provide the various public services. The Town Hall Project Steering Committee will advise Council and make recommendations to Council on the feasibility, business case and the achievement of outcomes for the Town Hall Project. The Town Hall Project Steering Committee will monitor and review the project status and provide oversight as project deliverables are rolled out. Goals for 2015-2016 Term: The committee should use the Mandate to set out a clear plan for the term. Set out Goals the committee will work towards accomplishing. Create a Project Charter to define the scope and establish the framework and overall approach for the Town Hall Project. 1.0 Role of the Town Hall Project Steering Committee 1. Advise Council on matters related to the Town Hall Project which may include, space needs, building location, joint use, etc. 2. Advise and inform Council of budget needs based on building location, space needs, and furniture and equipment. 3. Advise and develop working relationships with various stakeholders. 4. Advise and assist with the development of a public engagement program and promote the activities of the Committee. 2.0 Organization of the Committee: The Committee should be composed of people with technical skill sets, interested citizens and council representatives who demonstrate a strong commitment to the terms of reference. A cross section of people should attempt to be chosen in order to bring to the committee relevant technical and professional expertise as well as strong advocacy, communication and organizational skills. 2.1 Appointment will be advertised in local newspapers as per Town's procedures for Committees of Council. 2.2 Committee Members will be appointed by Council. 2.3 The term of a Committee Member is for four (4) years or until the project is completed whichever comes first. 2.4 Additional members may be appointed throughout the term. 2. 6 One member will be appointed by vote of the committee at the first meeting to chair the meetings for that term. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.7 Municipal staff including the CAO shall interact in an advisory manner to the committee as needed. 146 3.0 Meetings: 3.1 The Committee will hold a minimum of eight (8) meetings a year. 3.2 The date and time of the regular meetings will be established at the first meeting of each term. 3.3 Meetings will have a formal agenda. 3.4 Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail, or fax) to Committee Members prior to each meeting. 3.5 A majority of Council appointed Committee Members will constitute quorum for the transaction of business. 3.6 The members may meet occasionally informally to discuss issues as warranted. 4.0 Role of The Chair: The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1 Calling the meetings to order. 4.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3 Creating an agenda in consultation with the Secretary. 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 4.6 Representing the Committee on other committees when necessary. 4.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law 4.8 In the absence of the Chair, these responsibilities will be undertaken by a the Vice-Chair. 5.0 Role of the Secretary: The Secretary is responsible for ensuring a complete up to date record for the Committee. 5.1 In liaison with the Chair, arrange date, time and venue for meetings. 5.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3 Circulate draft minutes to the members. 5.4 Keep a complete up to date record of the committee minutes. 6.0 Role of Members: Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1 Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2 Review all information supplied to them. 6.3 Prepare information for use in the development of materials for the Committee. 6.4 Promote the role of the Committee. 6.5 Offer input to committee reports to Council. 147 6.6 Attend training as required to effectively perform their role as a committee member. 6.7 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0 Role of Municipal Staff: The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 7.1 Acting as an information resource. 7.2 Orientation of Committee members at the first meeting after Council appointment. 7.3 Assist the Committee in its reporting to Council (see Sec. 7.0). 7.4 Provide correspondence to the Committee. 8.0 Reports to Council: The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1 Verbally by a Council representative. 8.2 Verbally by the Chair or the designated representative. 8.3 Minutes from the Committee meetings 8.4 Written reports An annual report will also be submitted to Council at the beginning of each new year outlining the Committee’s accomplishments in the previous twelve months. 148 Town of Tillsonburg Space Needs Study Final Report – May 2, 2016 a r c h i t e c t u r e / p l a n n i n g / i n t e r i o r s / m a n a g e m e n t B r a n t f o r d – B u r l i n g t o n 3190 Harvester Road Suite 202 Burlington, Ontario L7N 3T1 T 905.639.6595 www.knyarchitects.com 149 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 2 TABLE OF CONTENTS Executive Summary 1. INTRODUCTION 1.1. Background 1.2. Statement of Need 1.3. Purpose of the Project 1.4. Objective 1.5. Project Deliverables 1.6. Workplan 2. SUMMARY OF EXISTING CONDITIONS 2.1. Corporate Structure 2.2. Current Facilities 3. OVERVIEW OF SURVEY RESULTS 3.1. Questions 3.2. Survey Responses 3.3. Survey Results 3.4. Summary of Spaces 4. SITE DESIGN CONCEPTS 4.1. Concept One 4.2. Concept Two 4.3. Concept Three 5. SITE SELECTION – GUIDING PRINCIPALS 5.1. Site Selection Criteria / Location Determinants 5.2. Location 5.3. Size 5.4. Sustainable Design 5.5. Cost 5.6. Cultural Factors 5.7. Technical Factors 5.8. Civic Architecture and Civic Spaces 6. BASIS FOR INTERIOR DESIGN – GUIDING PRICIPALS 6.1. General Design Guidelines 6.2. Typical Workstation Components 6.3. Full Height Movable Walls / Partial Height Panels 6.4. Fit-Up Workstation Electrical 6.5. Private Offices 6.6. Prototype Office Arrangements 6.7. Support Spaces 6.8. Council Chambers 7. ACCESSIBILITY IN THE WORKPLACE 7.1. General 7.2. Accessible Routes 7.3. Accessible Entrances 7.4. Accessible Washrooms 7.5. Accessible Kitchens / Coffee Areas 7.6. Access Between Floors 7.7. Offices / Meeting / Program Rooms 7.8. Signage 7.9. Public Phones 8. CONCLUSIONS 9. RECOMMENDATIONS / NEXT STEPS 150 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 3 EXECUTIVE SUMMARY In January 2016 KNY Architects Inc. was retained to develop a space needs assessment outlining current / future needs, for administrative functions and determining an anticipated functional size, for a site and building, for a new Town Hall. The objective is to consolidate existing customer services, currently operating in several Town facilities, with the intent to create operational efficiencies. KNY Architect, Stephan Namisniak reviewed each facility and met with the Town Hall Steering Committee which included: Marty Klein, Chair, Mayor Stephen Molnar, Councillor Penny Esseltine, David Calder, CAO, Andrew Gilvesy, Rick Strouth, and John Veldman KNY Architects also provided value added services in a form of a descriptive, regarding site selection, spacing planning, sustainability, accessibility guidelines and a cost plan for the project. Study Summary 1. The total area of the three buildings reviewed are as follows: 200 Broadway Office / Amenity Area - 9,000 SF. +/- 10 Lisgar St. Office Area – 8,496 SF / Warehouse – 10,114 SF / Total – 18,609 SF. +/- 20 Spruce St. Office Area – 3,326 SF / Warehouse – 14,327 SF - Total – 17,653 SF. +/- 2. Not reviewed for the study was Fire Hall at 80 Concession and Annadale House at 30 Tillson. 3. These reviewed facilities accommodate 111 staff. 4. From this total, the new facility is to accommodate 46 plus 1 future Town staff. 5. The program area required for a new Town Hall is approximately 21,046 - 23,828 SF. and includes, provisions the BIA and Chamber of Commerce and the following Town departments and staff: Office of the CAO / Council – 14 Clerk – 3 (plus 1 future) Building / Planning / Bylaw – 8 Finance – 12 Recreation, Culture & Parks – 3 Operation Services - 5 6. Parking requirements for the required building size would require 98 - 111 parking spaces. 7. Depending on the extent of outdoor public space, the property area required for the building and to accommodate future additions and future parking, would range from 2.6 - 4.4 acres in site area. 8. Future building expansion area is desirable and suggested at 10,463 – 15,887 SF. 9. Future additions would require additional parking ranging from 49 – 76 parking spaces. 10. The building height would be either a 2 or 3 storey structure depending on available site area available. 11. A consensus by many stakeholders is necessary in order to validate the need, desire, cultural and financial commitment for the project to be realized. A budget needs to be defined, land secured, and a variety of consulting services retained. A detailed Architectural design is necessary to define the relationship between site and building and to finalize the departmental relationships determined in this space needs study. The process could take 2 – 3 years in order to get the project to a “shovel ready” stage and through to completion depending on the many variables described in this study. 151 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 4 1.0 INTRODUCTION 1.1 Background 1. The Town is served by traditional municipal services of Public Works, Parks, Recreation and Culture, Economic Development, Building, Planning / By-law, Fire Services and Corporate Services. 2. The Town Council is comprised of a Mayor, Deputy Mayor and 6 Councillors all elected at large. 3. Customer Service is provided from the Customer Service Building which also houses Tillsonburg Hydro Inc. located at 10 Lisgar Street. 4. There are operational and administrative staff located at the Public Works Building located at Spruce Street and Recreation Complex located on Hardy Street and at the Town of Tillsonburg Cemetery located on Simcoe Street. 5. Fire Services are provided from a standalone Fire Hall which includes dispatch, administration, training room and fire fleet. 6. Annandale House, has 3 staff working from the location on Tillson Ave. 7. All these locations are under the ownership of the Town of Tillsonburg. 8. Corporate staff and Mayor and Council operate out of the Tillsonburg Town Centre, 200 Broadway Street Tillsonburg which is a combination of retail stores on the main floor and office space on the second floor. 9. The Town is currently leasing approximately 9,000 square feet of space at this location for general administration which also includes the Council Chamber with public seating. 10. The Town owns a municipal airport with support staff working from the airport terminal building. 1.2 Statement of Need With staff providing customer services to the public at multiple facilities, some departments are disconnected functionally, with inappropriate adjacencies, some vacant and underutilized. Others are overcrowded environments. The need is to evaluate how to improve administrative and operational efficiencies in a consolidated facility, in order to provide effective delivery of services to the public and equally improve safety, working and business environments for staff and users. 1.3 The Purpose of the Project 1. The Corporation of the Town of Tillsonburg is seeking a study to evaluate the current facilities and to evaluate land and interior space requirements for a possible Town Hall construction. 2. Currently municipal staff work out of multiple locations. 3. The purpose of the evaluation is to determine an optimal “one-building” solution to increase efficiency and reduce operational costs. 4. Town of Tillsonburg has not secured a site, requires an opinion of space summary needs, a determination of property size to accommodate building, parking and any projected amenity spaces. 5. Review the current space allocations over multiple physical locations housing staff (administrative and operational) and Town Council, review layouts and facility limitations and make short and long term recommendations for space rationalization. 152 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 5 6. Provide facility options to include new construction, location change and rationalization of current space in Town owned facilities. 1.4 Objective 1. This project will result in a report that includes a comprehensive review of the current and future space needs, including a Council Chamber. 2. To develop a plan to insure adequate space is accounted for in any proposed Town Hall project. 3. To develop and outline assumptions to guide the study and report. 4. To undertake stakeholder engagement meetings to gather information. 5. To identify current Town Hall square footage requirements and to provide for a 20 year growth component. 6. Consider alternative uses for outdoor space that would complement a new Town Hall. 7. The consultant will work closely with the Town Hall Steering Committee. 1.5 Project Deliverables 1. A comprehensive report outlining the space usage as outlined in the project purpose. 2. Recommendation as to required space, taking into consideration a number of factors:  A continuation of approved direction to incorporate modular workstations into design plans. The City has designed some floors with a combination of fixed offices, open concept areas with modular workstations.  This direction was chosen as an alternative to constructing additional space.  Recommended adjacencies amongst functional areas.  Requirements for meeting rooms/training spaces.  Space for transient staff who work regularly at Town Hall or other facilities 3. A phased plan for implementation, with costing implications, taking into account a number of factors: business disruptions, budget dollars, timing. 1.6 Work Plan These tasks, which represent our methodology for the project, are accomplished through their corresponding activities: Task 1: Project Start - Up 1. Meeting with Stakeholders for Requirements 2. Review and discuss administrative procedures 3. Confirm terms of references or discuss changes that may affect the process 4. Reaffirm objectives and expectations and seek necessary clarification 5. Confirm milestone and refine project schedule 6. Identify and arrange of relevant data 7. Site visit and review existing facilities 8. Take inventory of existing conditions 9. Confirm areas and dimensions of the existing spaces 153 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 6 10. Document base floor plan drawings which are available 11. Interim Report Task 2: Assess Needs of Departments 1. Review and document the Corporate Organizational Structure by department / individual 2. Prepare a survey questionnaire for data collection / opinions roles and responsibilities 3. Review industry trends and identify best practices and benchmarks 4. Assessment of the suitability of the current facilities, strategies and best practices 5. Review legislated accessibility requirements and functionality 6. Review standards for space related to parking requirements 7. Review common service areas and spaces 8. Review of administrative staff needs per square foot 9. Review senior management, CAO, Mayor’s office, Council Chambers use per square foot 10. Review Town master plans in order to establish future growth projections and office space needs 11. Interim Report Task 3: Strategic Planning / Analysis 1. Through stakeholders meetings, review and discuss the following issues: 2. Review / Propose Town’s accommodation standards, including those for modular workstations and support spaces 3. Adjacency requirements amongst functional areas 4. Current functional adequacy of each Department / Division 5. Current short-term and long-term operational plan of each Department / Division 6. Future needs in short and long term within the next 5 years 7. Analyze collected data 8. Recommend and define options for individual work spaces and amenities 9. Refine options by engaging in discussions with stakeholders 10. Review the Site and Building space needs to meet projected accommodation needs, parking and site amenities 11. Develop Space Planning Design Concepts for individual space needs 12. Interim Report Task 4: Space Need Plan 1. The consultant shall prepare a Space Needs Analysis for the Town including the chosen options to address the long and short term requirements. The Space Needs Plan will include a summary of all staff spaces program requirements, (Offices, workstations, for both full time and transient staff, meeting rooms, lunch room needs washroom needs, required support amenity spaces, parking needs, site area required etc.) 2. Develop Site and Building Plan depicting alternative size concepts for a new facility 3. Interim Report Task 5: Develop Final Report 1. Develop Conclusion / Recommendations / Next Steps Action Plan 2. Prepare a generalized Cost Plan for Development 3. Presentation to Council / Stakeholders 154 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 7 2.0 SUMMARY OF EXISTING CONDITIONS 2.1 Corporate Structure The Town of Tillsonburg administration consists of 5 Departments, Development and Communication Services, Finance, Fire Services, Parks and Recreation and Operations which includes Tillsonburg Hydro Inc., plus the Office of the Chief Administrator and guided by Mayor and 6 Councilors’. Each department is led by a Director, who is a corporate leader and liaison between corporate and their department. General Overview Office of the Chief Administrative Officer Each of the five above mentioned municipal departments are headed by specialists who are understandably focused on the needs of their departments. The CAO is the senior administrator of the Town and is responsible to city council for the effective and efficient operation of the Town. All Town departments report to council through the CAO. The CAO ensures that the advice and recommendations provided by staff to council are balanced and broad in perspective. Clerk The Clerk’s office coordinates Council agenda and minutes, marriage and burial certificates, committee of Council, by-laws and record management. The expanded role includes performing statutory duties and duties of public interest and ensuring compliance with statutory requirements and municipal policy. Building, Planning / By-Law The Building / Planning / Department is responsible for providing a wide range of advisory and regulatory services that pertain to land use matters as well as the enforcement of the Ontario Building Code and Town By-laws. 155 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 8 The department functions in order to enforce property standards and related by-laws and is responsible for the review and administration of applications for development planning and building approvals. Finance and CSC The Finance Department is responsible for providing a variety of services to all departments throughout the Town, such as treasury functions, maintenance of the general ledger, and budgets, through audited financial statements and quarterly reports. Human Resources also falls under this department. Recreation, Culture and Parks This department includes the majority of the city’s customer-direct service / face to face interaction with the public on a daily basis. The department provides community-oriented programs and services, facilities, and recreational and cultural opportunities for the community. The department also delivers cemetery services, environmental and conservation protection and facility maintenance to the Town. Operations Services The Town’s Operations Services generally operates engineering, fleet services, water, Tillsonburg Hydro and general infrastructure services responsible for infrastructure design, construction, operations and management. The department ensures the Town’s environment is efficient, safe, livable, prosperous and vibrant through quality road and sewer infrastructure. Fire Services Emergency response is the core of the department’s mission. The Tillsonburg Fire Department is staffed by a career Chief and Deputy Chief with 28 on call volunteer firefighters operating from one station. The Department protects the Town of Tillsonburg and responds outside this area on a mutual aid basis as part of the Oxford County Mutual Aid Association. Emergency dispatch services operate out of the Fire Hall. 156 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 9 2.2 Current Facilities 200 Broadway Street Town Hall Office / Amenity Area - 9,000 SF. +/-  Year Built 1980  Located on the second floor of Tillsonburg Town Centre  Functions for Mayor, Council, CEO, Clerk, Finance  Spaces include Council Chambers, Offices, and amenity spaces  No. of Offices – 10  No. of Workstations - 10  Spaces are not contiguous in operations  Public access is via an elevator or fire stair  Lacks sense of arrival, presence and spirit of a Town Hall  Staff working environment is dated with poor access to natural daylight  Expansion for more space is unknown at this time  Chamber is not presentation friendly  Accessibility and way finding is a problem  Chamber space suggested to be multi-functional 157 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 10 10 Lisgar Street Customer Service Centre Office Area – 8,496 SF+/- Warehouse – 10,114 SF+/- Total – 18,609 SF+/-  Year Built - Circa 1970  Functions for Customer Services, Building, Engineering Tillsonburg Hydro  Call Centre for Town Departments  Spaces include Offices, truck storage and amenity spaces  No. of Offices – 10  No. of Workstations - 15  Spaces are connected via corridors  Public access at grade  Staff working environment is dated, however acceptable  The building envelop requires a great detail of repair  Expansion to this building would be difficult  Was constructed for public utilities 158 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 11 20 Spruce Street Operation Services Office Area – 3,326 SF+/- Warehouse – 14,327 SF+/- Total – 17,653 SF+/-  Year Built – Circa 1970  Functions for Public Works, Roads, Water  Spaces include Offices, Fleet Warehouse and amenity spaces  No. of Offices – 6  No. of Workstations - 0  Spaces are connected via corridors  Public access at grade  Staff working environment is dated, however acceptable  Expansion to this building is possible but unlikely for a location for a Town Hall 159 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 12 45 Hardy Avenue Tillsonburg Community Centre Office Area – 1,600 SF+/-  Year Built – Circa 1970 with Multiple Additions since  Functions as the Recreation, Culture and Parks  Spaces include Offices, Arena, Pool, Senior Centre, Outdoor Recreation  No. of Offices – 3 Plus 2 not seen  No. of Workstations - 7  Spaces are accessed behind a Customer Service  Public access at grade / elevator at rear of building  Staff Environments are acceptable  This building is a dedicated recreational use building 160 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 13 80 Concession Street East Tillsonburg Fire Hall  Year Built – Circa 1979  Function – Fire Hall with Dispatch Services  Spaces include – 3 Bay Apparatus Area, Offices, Dispatch, Crew spaces  Spaces are connected via corridors / Stairs  Public access at grade only  Staff working environment is acceptable  Not reviewed for the study 30 Tillson Avenue Annandale Museum  Year Built – 1883  National Historic Site  Not reviewed for the study 161 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 14 3.0 OVERVIEW OF SURVEY 3.1 Questions Survey questions focused on the following discussion items: a) The 5 most critical products / services provided by that Division; b) Level of interaction with the public as well as personal or confidential information; c) Level of interaction with other staff / Divisions / Departments; d) Space requirements for seasonal / temporary / visiting staff; e) Projected growth of staff population (within 5 years); and f) Specific amenity needs of each department. 3.2 Survey Responses Seven (7) Survey responses were completed and received:  Office of the CEO  Clerk  Building / Planning / Bylaw  Finance + CSC  Recreation, Culture & Parks  Operation Services Fire Services 3.3 Survey Results Refer to the following pages: 162 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 15 3.3 Survey Summary 163 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 16 3.3 Survey Summary 164 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 17 3.4 Summary of Spaces Number Alternate Current Future Required Area (SF) Area (SF) Office of the CAO / Council Chief Administrative Officer / President THI 1 0 Office 1 14 x 18 252 252 Mayor 1 0 Office 1 14 x 18 252 252 Lounge / workspace Councillor 6 0 Workspace 1 15 x 20 300 300 Workspaces are shared Assistant to CAO / Mayor 10Workspace 1 8x864 54 Commissioner of Economic Development 1 0 Office 1 10 x 14 140 140 Marketing / Partnership Officer 1 0 Workspace 1 8 x 8 64 54 Manager of Human Resources 1 0 Office 1 10 x 14 140 140 HR Assistant / Payroll 1 0 Office 1 10 x 14 140 140 General Manager / CEO THI 1 0 Office 1 10 x 14 140 140 Total 14 0 9 1492 1472 Clerk Clerk 1 Office 1 10 x 14 140 140 Deputy Clerk 1 Office 1 10 x 14 140 140 Records Management Coordinator 1 Workspace 1 8 x 8 64 54 Part Time / Student 0 1 Workspace 1 8 x 8 64 54 3 1 4 408 388 Building / Planning / Bylaw Chief Building Official 1 0 Office 1 10 x 14 140 140 Deputy Chief Building Offical 1 0 Office 1 10 x 14 140 140 Property Standards / Bylaw Officer 1 0 Office 1 10 x 14 140 140 Municipal By‐Law Officer 1 0 Office 1 10 x 14 140 140 Development Technician 1 0 Workspace 2 8 x 8 128 108 Reception counter with 2 workspaces County Planner 1 0 Office 1 10 x 14 140 140 Summer Students 2 0 Workspace 2 8 x 8 128 108 Total 8 0 9 956 916 Finance Director 1 0 Office 1 10 x 14 140 140 Deputy Treasurer 1 0 Office 1 10 x 14 140 140 Budget Analyst 1 0 Workspace 1 8 x 8 64 54 Purchasing Coordinator 1 0 Workspace 1 8 x 8 64 54 Accounts Payable / Accounts Receivable 1 0 Workspace 1 8 x 8 64 54 Revenue Manager 1 0 Office 1 10 x 14 140 140 Tax Clerk 1 0 Workspace 1 8 x 8 64 54 Customer Service Reps / Billing Support Clerks 4 0 Workspace 4 8 x 8 256 216 Information Technology 1 0 Workspace 1 8 x 8 64 54 Total 12 0 12 996 906 Recreation, Culture & Parks Director 1 0 Office 1 10 x 14 140 140 Manager of Parks & Facilities 1 0 Office 1 10 x 14 140 140 Unassigned / Spare 1 0 Office 1 10 x 14 140 140 Total 3 0 3 420 420 Number Alternate Capacity Future Required Area (SF) Area (SF) Operations Services Director 1 0 Office 1 10 x 14 140 140 Operations Administrator 1 0 Workspace 1 8 x 8 64 54 Manager of Engineering 1 0 Office 1 10 x 14 140 140 Senior Operations Technologists 1 0 Workspace 1 8 x 8 64 54 Asset Management Technologists 1 0 Workspace 1 8 x 8 64 54 Total 5 0 5 472 442 Department Staff Space Type Proposed REMARKSRoom Size Department Staff Space Type Proposed REMARKSRoom Size 165 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 18 3.4 Summary of Spaces Number Alternate Current Future Required Area (SF) Area (SF) Office / Work Space Summary Office of the CAO / Council 14 0 1,492 1,472 Clerk 3 1 408 388 Building / Planning / Bylaw 8 0 956 916 Finance 12 0 996 906 Recreation, Culture & Parks 3 0 420 420 Operation Services 5 0 472 442 Total 45 1 0 4,744 4,544 Number Alternate Capacity Future Required Area (SF) Area (SF) Common Spaces Entry Vestibule 8 x 10 80 80 Staff Vestibule 8 x 10 80 80 Reception 10 x 10 100 100 Main Lobby / Welcome Area / Display Area 20 x 20 400 300 Council Chamber 100 50 x 75 3,750 3,000 Board Room ‐ 1 12 14 x 20 280 280 With servery /presentation space Board Room ‐ 2 6 10 x 15 150 150 Training Room 20 20 x 25 500 0 Break ‐ Out Room ‐ 1 8 x 10 80 80 Break ‐ Out Room ‐ 2 8 x 10 80 80 Lunch Room / Kitchen ‐ Staff 15 x 30 450 450 Mail Room 8 x 10 80 80 Copy Room 10 x 15 150 150 File Room 10 x 15 150 150 Library Room 10 x 12 120 120 Map Room 10 x 15 150 150 Plotter Room 10 x 15 150 150 Washrooms ‐ Public 12 x 25 300 300 Washrooms ‐ Staff 12 x 25 300 300 Universal Barrier Free Washroom 10 x 10 100 100 Waste Recycling Room 10 x 12 120 120 Loading Area 8x8 64 0 General Storage 20 x 30 600 550 Vault 15 x 20 300 250 IT / Server Room 15 x 15 225 200 Mechanical Room 15 x 15 225 200 Electrical Room 15 x 15 225 200 Sprinkler Room 15 x 15 225 200 Elevator 10 x 10 100 100 Elevator Equipment Room 10 x 10 100 100 Stair 1 10 x 25 250 250 Stair 2 10 x 25 250 250 Stair 3 15 x 25 375 325 Total Common Space 10,509 8,845 Total Common Space + Office Space 15,253 13,389 Chamber of Commerce ‐ 20 Oxford St.800 800 BIA ‐ 41 Bridge St. W.400 400 Unassigned 1,852 1,600 Sub ‐ Total 18,305 16,189 Circulation & Walls ‐ 30%5,523 4,857 Total 23,828 21,046 Department Staff Proposed REMARKSRoom Size Department Staff Space Type Proposed REMARKSRoom Size 166 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 19 4.0 Site Design Concepts 4.1 Concept One 2 Storey Building – 23,828 SF. Required Parking – 111 Spaces Future Addition – 10,887 SF. Required Parking – 76 Spaces Total Area – 34,290 SF. Total Parking – 160 Spaces Site Area = 193,732 SF – Parking 1 space / 20 SM 4.4 Acres 1.8 Ha 167 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 20 4.2 Concept Two 2 Storey Building – 23,828 SF. Required Parking – 111 Spaces Future Addition – 10,462 SF. Required Parking – 49 Spaces Total Area – 34,290 SF. Total Parking – 160 Spaces Site Area = 148,148 SF – Parking 1 space / 20 SM 3.4 Acres 1.4 Ha 168 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 21 4.3 Concept Two 3 Storey Building – 23,828 SF. Required Parking – 111 Spaces Future Addition – 10,462 SF. Required Parking – 49 Spaces Total Area – 34,290 SF. Total Parking – 160 Spaces Site Area = 114,750 SF – Parking 1 space / 20 SM 2.6 Acres 1.0 Ha 169 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 22 5.0 Site Selection – Guiding Principles 5.1 Site Selection Criteria / Location Determinants Many factors determine the most appropriate and cost-effective location for a New Town Hall. The final decision will be a balance of both tangible and intangible selection criteria and preferences. The site selection process should include various types of properties and should include an investigation of both “greenfield and brownfield” parcels that could have the greatest impact in improving Downtown’s, neighborhoods and communities overall. 5.2 Location The most critical determinant for the location of a Town Hall is “Community Presence,” one that is prominent and easily visible and recognizable as leader in local government, for staff, and visitors and the Community customer is serves. 5.3 Size Ensure adequate site space is available to accommodate current needs and future expectations. Accommodate a desired level of public space for arts, entertainment, and recreation. Accommodate staff parking, visitor parking, and accommodate the needs for future expansion. The size of site will also dictate whether the building becomes a multiple floor structure (1, 2 or 3 storey structure). 5.4 Sustainable Design The sustainability component of the site selection and development process should focus on the selection of sites that will have:  Least negative impact on the environment  Fewest possible threats from the environment  Require the least extraction of natural resources for site preparation, construction, and operation  Redevelopment and Rehabilitation Potential  Alternative Transit Availability  Energy Efficiency or Reduction in Usage  Habitat Preservation or Improvement 5.5 Cost The cost to purchase property at fair market value is understood to impact any development budget. The building site itself is a powerful determinant of construction costs. Sloped sites cost more to build on than level sites. Sites with poor soils conditions, high ground water tables, environmentally sensitive parcels of land, often require special and expensive construction methods. Investment in additional studies and evaluations to understand site conditions and development challenges before the purchase is critical to uncover some of the hidden development costs that will need to eventually be dealt with during the detailed design of the site. 170 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 23 An evaluation of sites should include the following: 5.6 Cultural Factors Existing Use, Ownership and Control Site Context / Location Type of Land Ownership – Municipal or Private Legal property description, including limits of property, easements, rights of ways, and north indication. Zoning Bylaws and Local Codes / Function and Pattern of Land Use Current Uses / Adjacent Uses Setbacks Staff / Public Parking Traffic and Transportation Apparatus driveway and Point of entry - front door Vehicular turning radius Delivery / service entrance Transit / Walkability Traffic Capacity Immediate Surroundings Neighbourhood structures Shading and solar access Noise from streets, emergency services, aircraft, Odours, etc. Views and vistas Site History - Former Site Uses Hazardous dumping Landfill Old foundations Archaeological grounds Historic worth / History of existing structures 171 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 24 5.7 Technical Factors Utilities Potable water Sanitary Sewer Service Storm drainage (surface , sub-surface) Electricity Gas Telephone Cable / data / communications Fire Protection Climate Solar Orientation Shading of (or from) adjacent structures, natural features and vegetation Prevailing Winds Topography / Hydrology Topography Contours and spot elevations Slopes: percentage, aspect, orientation Erosion Channels Extent, location, and general configuration of rocks, ledges, outcrops, ridges, drainage lines, and other unique features Visual characteristics Potential problem areas during construction: siltation, erosion, etc. Analysis of physical features, including major focal and vantage points and their relationship within, into, and out from the site. Existing access and circulation Vehicular Pedestrian Vegetation Existing water bodies Drainage Canals: rivers, streams, marshes, lakes, ponds, etc. Natural and built 172 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 25 Alignments and gradients Existing water way easements Surface Sub-surface Surface Drainage Patterns on and off the site (location of streams and washes) Proximity to floodplains Maximum flood level Frequently flooded areas Local watershed areas, amount of runoff collected, and location of outfalls Swampy and concave areas of land without positive drainage and other obstacles that may interrupt or obstruct natural surface drainage Potential areas for impoundments, detention/retention ponds. Subsurface / Geotechnical Soil Conditions Basic surface soil type: sand, clay, silt, rock, shale, gravel, loam, limestone, etc. Rock and soil type: character/formation and origin Geologic formation process and parent material Inclination Bearing capacity Bedrock Depth to Bedrock Bedrock Classification Seismic Conditions / Requirements Environmental Hazards Financial Factors Site Acquisition and Relocation Costs Demolition/Remediation Costs Site Construction and Preparation Costs Infrastructure Improvements 5.8 Civic Architecture and Civic Spaces Civic Architecture and Civic Spaces are institutions, such as town halls, city halls, court houses, libraries, and cultural facilities, public markets, parks and squares, police stations and fire halls, are all the foundations of a civil society and the cornerstones of democracy. 173 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 26 They nurture and define a community’s identity by instilling a greater sense of pride, they foster frequent and meaningful contact between citizens, they provide comfort in their public spaces and they encourage an increasingly diverse population to use them. The design of Civic Architecture has been and always will be the highest calling for an Architect. These building are designed to last, they are a record of history, which reflect the architectural preferences of their era, and equally are reflective of community preferences and the needs of a developing population. Kingston Belleville Milton Goderich Napanee Ingersoll Town Halls promote and enhance the quality of life of the community. In many cases, Town Halls serve not only as buildings for government functions, and transactions for public business, but also have facilities for various civic and cultural activities. These may include art shows, stage performances, exhibits and festivals. Town Halls are often designed with a great variety and flexibility of purpose in mind. As symbols of local government, Town Halls have distinctive architecture, and the buildings have great historical significance. Town Hall buildings serve as cultural icons that symbolize their Town. 174 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 27 6.0 BASIS FOR INTERIOR DESIGN – GUIDING PRINCIPALS 6.1 General Design Guidelines New space planning has considered the following principles:  Recognize people as the most important asset of any organization.  New space planning must meet the functional needs of individuals, teams, departments and the customer being provided the service.  Realize organizational values of openness.  Provide more opportunity for team work / collegiality.  Improve flexibility in space use. This principle recognizes that fewer barriers to change, less disruption when change does occur, and lower costs in money and time can be accomplished.  Workspace should be practical. This principle recognizes that simply allocating office space to people based on their position or rank in an organizational hierarchy rather than the functional needs of their work may result in a less productive workplace and additional costs.  Allocate office space in a rationalized, simplified and streamlined way.  Use open space planning whenever practical.  Reduce the number of different sizes of spaces.  Standardizing the sizes of as many work spaces as possible.  Use daylight and views.  Reduce wasted double circulation.  Enclosed offices are to be provided for senior managers.  Offices in general are to be 10’ x 14’  Enclosed offices should be positioned on the building core and provided with glazing to receive natural light.  The supervision of staff and/or occasional confidential meetings is not usually considered sufficient cause for an enclosed workstation.  Confidential meetings for staff in general are to be conducted in meeting rooms and quiet rooms a considered a more efficient and functional solution.  Quiet Rooms can be provided for small group meetings and work requiring privacy.  Quiet Rooms should be equipped with furniture, computer equipment and communications connections.  Workspaces in general are to be 8’ x 8’ in size,  Work space screens should be 1.65m (65") or lower in height.  Departments should consider sharing support spaces and equipment.  Utilize space efficiently with appropriately sized workstations: it is less costly to relocated people than to relocate workstations.  Departments should be empowered to plan their office space. This principle recognizes that, if office space is treated as an administrative resource and managers are given the opportunity to plan office space using simplified  Standards and guidelines, more creative, cost-effective solutions to satisfying office space needs will result. 175 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 28 The following space planning concepts could be considered: 6.2 Typical Workstation Components  Workstations are based on an 8’ x 8’ (64 sq. ft.) workstation module. The module is comprised of furniture components that meet the basic needs of most positions within a work environment providing for work surface, shelving, filing, general and personal storage. Consideration could also be given to 6’ X 9’ workstations. 6.3 Full Height Movable Walls / Partial Height Panels  Movable walls / panels can be used as the alternative to drywall construction. This alternative supports sustainable practices and allows for future flexibility of office reconfigurations and reduced waste.  The size, height and number of panels used to define a workstation or workspace area vary to suit proximity to major corridors or windows. For example, panels parallel to exterior windows will be lower to allow for the transfer of natural light to interior spaces.  Selection of panel heights should reflect the optimum balance between visual privacy for the occupant and lighting efficiency (transfer of daylight and uniform illumination from overhead lighting fixtures). Where appropriate, graduated panel heights and/or glazed screen panels will be considered. 6.4 Fit-Up Workstation Electrical  Each workstation is provided with one duplex power outlet, one voice / data outlet, and one power bar.  The power bar provides for an additional six power receptacles. This accommodates typical workstation requirements for telephone, computer, computer monitor, cell phone charger and a task light. 6.5 Private Office Private offices are defined as individual spaces requiring full height enclosure based on the following criteria:  Positions conducting unscheduled and sensitive Human Resource related conversations on a frequent and daily basis.  Positions requiring confidentiality frequently dealing directly with the public if separate interview and / or meeting rooms are not provided for that function. Private offices require the additional considerations:  Separate light switching and light controls.  Supply and return air diffuser grill. Private offices size: 140 square feet (10’ x 14’) (13.9m²)  To maximize the transfer of daylight into the general office area, private offices are to be located along the interior of the building.  Private offices will be provided with glazing to provide access to natural light. 176 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 29 6.6 Prototype Office Arrangements 177 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 30 6.6 Support Spaces A. Enclosed Meeting Rooms Space guidelines for meeting rooms are based on the number of people they are to accommodate. As a guide, an area allowance of 1.85 m² (20 sq. ft.) per person for table seating is used for room calculations. Consideration should be given to the requirements for; window coverings, lighting, electrical, map rails, Smart Board, audio visual, equipment etc. The following are examples of meeting room sizes:  Small Meeting Rooms: to accommodate meeting table and chairs for 4 - 6 people.  Medium Meeting Rooms: to accommodate meeting table and chairs for 8 -14 people with possible storage space for audio/visual equipment and a possible horizontal surface for refreshment layout.  Large Meeting Rooms (Boardrooms / Training Rooms): to accommodate meeting table and chairs for 20+ people with storage space for audio/visual equipment and a horizontal surface for refreshment layout.  Consideration for folding / sliding partition separations should be considered for rooms exceeding 400 square feet. 178 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 31 B. Break – Out Rooms  Typical: 10’ x 8’ (80 sq. ft.) (7.4 m² )  Break - out rooms are spaces intended for use by personnel who normally occupy open area workstations. These rooms provide a quite area to support work requiring a high level of concentration, private telephone conversations. Data drop, power and phone lines should also be considered.  As a guide, the recommended planning ratio is one break - out room for every 45 staff. As a minimum, one break - out room per floor must accommodate the accessibility guideline for required turning radius. C. File / Storage Areas  File and / or storage rooms may be open, semi-enclosed or enclosed spaces. File areas may require structural review for floor loading capacity. For storage areas, free standing shelving units are recommended. As a guide, allow:  Area allowance of 10 sq. ft. (1 m² ) per file or storage unit  Area allowance of 20 sq. ft. (1.9m² ) per plan storage cabinet D. Reception  Reception areas should be programmed as two separate components consisting of the Waiting Area and the other being the Reception Workstation. E. Waiting Area (sized to suit requirements)  Waiting areas may include chairs, coat storage, display material (bulletin board, pamphlet rack etc.), child play area, and public access workstations.  Wheelchair accessible areas should include open space for a minimum of one wheelchair to wait complete with a 5’ 6’ turning radius. F. Reception Workstation (8.4m² or 90 square feet)  Reception workstations must provide a minimum of one 36’ wide section for barrier free access as per Universal Design Guidelines. 179 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 32 G. Centralized Shared Office Equipment Room  Sized to suit program requirements  Where possible, an enclosed centrally located equipment room should be provided as a shared function for various groups and be located such that it is accessible from a common corridor. The space should be sized to suit the Client’s needs & equipment sizes.  Requirements may include photocopiers, fax, printers, shredder, recycling, scanner, work tables, mail sorting slots, and/or supply storage. Appropriate clearances and electrical should be noted. H. Supplementary Equipment / Printer Stations  Typical: 25 sq. ft (2.3 m² )  In addition to centralized office rooms, supplementary equipment / printer stations may be provided in common open areas. I. Staff Rooms  Staff Rooms may be provided when staff counts exceed 10 staff and a government contracted cafeteria is not provided.  Only one staff room will be provided when multiple government tenants occupy an entire floor plate and a government contracted cafeteria is not provided.  Staff Room size should be based on one third of the staff count.  Each Staff Room should provide 7’-6” linear feet of built-in counter, complete with cabinets, sink, microwave area, optional under counter dishwasher, and area for fridge.  Counters exceeding the typical 7’-6” counter length, must adjust sink height to meet accessibility standards.  Electrical provision to be provided for all equipment including small appliances. J. Coffee Stations  Typical: 63 sq. ft. (5.8 m²)  A Coffee Station may be provided when a Staff Room is not provided (i.e. when the staff count is less than ten).  Supplementary Coffee Stations in addition to Staff Rooms may be considered where the floor plate is greater than 20,000 square feet.  A Coffee Station should include built-in counter, complete with cabinets, sink, microwave area, and under counter fridge.  Consideration should be given for recycling waste and the inclusion of a water cooler.  Electrical provision is to be provided for all equipment including small appliances. 180 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 33 6.8 Council Chambers Careful consideration must be given to plan and shape of the Chambers. Non – fixed seating can provide for a multi – purpose space that could be intended for a variety of uses. The following are some alternative visual images, intended for discussion and inspiration only. 181 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 34 7.0 ACCESSIBILITY IN THE WORKPLACE On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025. A disability is any restriction or incapacity that prevents one from doing something. A disability can be visible or invisible, for example:  Mobility - People requiring the use of a mobility device (wheelchair or scooter), an assistive device (cane/crutch or walker) or persons of short stature.  Sensory - People experiencing deficits in sight, hearing or smell.  Coordination - People with multiple sclerosis, arthritis or pregnant women.  Strength and endurance - People with heart conditions or breathing difficulties.  Cognitive - People who experience memory loss or have an intellectual disability. Planning For Accessibility: Key Points 7.1 General  The goal of renovations should be to provide universal access for all people, including all ages and abilities, an overall functional environment, which will benefit everyone and offer equal opportunity to employment, community services and volunteer experiences.  Design considerations should include accommodation of the needs of persons with mobility/agility impairments, sensory impairments, co-ordination impairments, strength/endurance impairments and cognitive impairments. 7.2 Accessible Routes  The minimum turning radius required by most mobility devices is 1500 mm (5'). Appropriate maneuvering space should be available in areas such as landings, at intervals along longer paths and within any room type (washrooms, offices, meeting rooms). 7.3 Accessible Entrances  Main entrances should provide barrier-free access. However, where it is not possible to alter these entrances, an alternate accessible entrance may be provided in conjunction with the above accessible routes and parking.  It is recommended that access be provided to main accessible entrances by both ramps and stairs with handrails.  Ramp slopes should be a maximum of 1:12. Slopes of 1:16 to 1:20 are easier for most people to negotiate. That is: for every 1" of vertical rise, 12" of horizontal ramp is required (e.g. a 5" step would require a 60" ramp to be built). 182 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 35  Accessible doors and doorways within the building should provide a minimum of 850 mm (33-1/2") of clear space. That is, when the door is open, the space from the door to the opposite side of the doorframe should be a minimum of 850 mm (33-1/2").  Accessible door hardware should be lever-type, push/pull or d-shaped.  If an automatic door is available, the 'push-pad' should be a minimum 150 mm (6") diameter button with the international symbol of accessibility clearly identified.  Windows or glass panels should be clearly identifiable (colour contrasting frames, markings on glazing).  Changes in colour and texture as well as appropriate signage should be considered.  Appropriate lighting should be provided in these areas. 7.4 Accessible Washrooms  If modifying an existing washroom is not possible, design of at least one individual accessible unisex washroom should be considered. Although larger in size, unisex washrooms provide an individual with the ability to have assistance by a caregiver.  Appropriate transfer space on one side and in front of the toilet should be provided. Flush controls should be located on the transfer side of the toilet. Dispensers and other accessories should not obstruct or interfere with the safe use of the grab bars, transfer or maneuvering space.  Accessories (such as light switches, mirrors, soap dispensers, paper towel dispensers, hand dryers, coat hooks, garbage receptacles and shelves) should be mounted at a height that is accessible from a seated position. Appropriate clear floor space beneath and/or in front of each fixture should be considered. 7.5 Accessible Kitchens / Coffee Areas  Kitchens should provide appropriate clear floor space in front of appliances and work spaces. Custom millwork and careful product selection will give you the opportunity to design areas, which are fully accessible.  Accessible workspaces should have appropriate clear space underneath.  Switches, outlets and controls should be located at the front of appliances and counters.  Cabinets should provide some shelving that is accessible from a seated position or a pantry could be constructed.  Sinks should be mounted so that appropriate knee and toe space is provided underneath. Faucets should have handles that are lever-type. Pipes and drains under the sink should be insulated to prevent injury.  Any vending machines, coffee makers, microwave or other appliances should be accessible. 7.6 Access between Floors  Elevating devices should be considered where any significant change in level cannot be safely or feasibly accommodated.  Space for maneuvering of a variety of mobility devices and for transportation of two people, where assistance to travel between floors is required, should be considered. 7.7 Offices and / or Meeting / Program Rooms 183 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 36  All meeting rooms, program rooms and staff areas should be accessible. All furniture and office accessories/equipment should be located so that they do not obstruct accessible paths of travel or interfere with interior room maneuvering spaces. 7.8 Signage  Signage will be important to all people using the building. To improve the environment for persons with visual impairments, signage should be mounted at a consistent height of 1525 mm (5'). 7.9 Public phones  If public phone(s) are available, at least one should be installed with a clear knee space of 720 mm (29") with the maximum highest point no more than 1200 mm (47"). 8.0 SUSTAINABLE OFFICE ENVIRONMENTS A sustainable office environment and design requires building an office to the highest quality and functional standard, understanding aesthetic, environmental and social benefits, and always based on cost assessments that reflect the whole office interior life cycle, in order that the investment can be responsibly maintained. Modifications to existing spaces should be considered with the integration of sustainable design principles. Environmental aspects could include:  Plan to enhance work environments through healthy and vibrant internal environments including excellent levels of natural light and ventilation with personal control.  Does not endanger the health of the occupants through exposure to pollutants, the use of toxic materials or providing host environments to harmful organisms - Use renewable and recycled and recyclable resources and materials wherever possible.  Optimizing natural light and views to the exterior with the open office design  Reuse of materials, including carpeting, and other salvaged materials and equipment.  Selection of low emitting materials and recycled content materials  Installation of energy-efficient lighting with sensors and a sophisticated control system to significantly reduce the use of electricity in the office  Maintained the majority of the existing construction, reused some components within the project, and recycled most of the construction waste  Commitment to the space through a long term lease, lengthening the cycle of tenant fit-ups that often occurs with short-term leases  Green housekeeping practices by the property manager and tenant complement the sustainable principles of the project.  Uses materials that are environmentally friendly in manufacture, use and disposal 184 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 37  Planning the space to optimize the exterior views and to use natural light as a resource for all occupants.  Finishes should be chosen for their durability, their recyclability, and their low toxicity.  Use of energy efficient fixtures and renewable, sustainable products and materials were specified.  Reuse of existing materials.  Use of recycled content for carpet, sheet flooring and fabrics.  Use of low VOC interior paints and other floor, wall and ceiling finishes.  Light colours are used on large walls and ceiling surfaces to reflect as much natural light as possible.  Overhead lighting can be switched / controlled by photocells that detect if enough daylight is illuminating the open space.  Occupancy sensors in the private offices and conference rooms assure that overhead lighting is turned off automatically when the rooms are not occupied. 185 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 38 10.0 CONCLUSIONS 1. The total area of the three buildings evaluated are as follows: 200 Broadway Office / Amenity Area - 9,000 SF. +/- 10 Lisgar St. Office Area – 8,496 SF / Warehouse – 10,114 SF / Total – 18,609 SF. +/- 20 Spruce St. Office Area – 3,326 SF / Warehouse – 14,327 SF - Total – 17,653 SF. +/- 2. Not reviewed for the study was Fire Hall at 80 Concession and Annadale House at 30 Tillson. 3. These facilities accommodate 111 staff. 4. From this total, the new facility is to accommodate 46 staff which include 1 future staff. Plus BIA and Chamber staff. 5. The new facility requires the following space: New Office 4,544 - 4,744 SF. Common Space 8,845 - 10,509 SF. Total 13,389 - 15,253 SF. Add: Chamber of Commerce 800 SF. BIA 400 SF. Unassigned space 1,600 SF. Add: Circulation & Walls – 30% 4,857 - 5,523 SF. Total Building Area 21,046 - 23,828 SF. 6. The building size required by the various consolidated departments is a building 2 – 3 storeys in height and a building area of approximately 21,046 - 23,828 SF. 7. Future building expansion area is desirable and suggested at 10,463 – 15,887 SF. 8. Parking requirements for the required building size would require 98 - 111 parking spaces. 9. Depending on the extent of outdoor public space, the property area required for the building and to accommodate future additions and future parking, would range from 4.4 – 2.6 acres in site area. 10. Future additions would require additional parking ranging from 49 – 76 parking spaces. 11. The geometric configuration of the properties is an important consideration of the efficiency of a building and site layout, which must be studied in further detail. 12. The budget cost plan should be considered very broad, since specifics of the site, building, technical details, timelines, etc. are unknown and beyond the scope of this study. As a result of this study the committee identified alternative sites for consideration. These sites would require further evaluation with regards to appropriate location, property size, zoning, setbacks, landscape, parking – surface or underground, usage and or demolition of existing building and expropriation of existing properties etc. 186 Town of Tillsonburg - Space Needs Study KNY Architects Inc. 39 11.0 RECOMMENDATIONS / NEXT STEPS 1. Further design study would be required, on the above noted sites with regards to appropriate location, property size, zoning, setbacks, landscape, parking – surface or underground, usage and or demolition of existing building(s) and expropriation of existing properties etc. 2. The building design in terms of height and configuration will be subject to the site selected. 3. Ideally a 2 storey facility would provide good efficiencies in design and workspace efficiencies, a 3 storey to a lesser extent. 4. It would not be recommended that the building height be increased to a 4 storey facility due to a small footprint, demanding and inflexible layout, make departmental adjacencies less efficient and less desirable, with added inefficiencies in design from a building plan and height ratio, which would increase construction costs. 5. Parking will be a design challenge if only surface parking is desired. Off site or underground parking should be considered to meet current bylaws and equally considered with an added expense. 6. A detailed lot survey would be required to ensure the accurate size of the property is well defined. Once the preferred site is determined meeting specific criteria of cultural and technical attributes of the design a detail site survey, geotechnical and environmental reports are necessary for a detail design, and construction documents intended tendering will be required. 7. Detailed costing should be done during various stages of design development in order that the design is working towards a target budget. 8. Naturally, properties will need to be purchased and consolidated for Town ownership. Prior for this work to evolve and proceed. A general project schedule could include the following timeline.  Evaluation of above noted site – 2 months  Land Acquisition – 12 months  Detailed Site Survey – 2 months  Geotechnical / Environmental Reports – 2 months  Schematic Design of a Preferred Site – 2 months  Detailed Design of Preferred Site – 4 months  Construction Documents – 6 months  Tendering / Council Approval – 2 months  Construction – 11 months  Final Occupancy – 1 month Going Forward… A consensus by many stakeholders is necessary in order to validate the need, desire, cultural and financial commitment for the project to be realized. A budget needs to be defined, land secured, and a variety of consulting services retained. A detailed Architectural design is necessary to define the relationship between site and building and to finalize the departmental relationships determined in this space needs study. The process could take 2 – 3 years in order to get the project to a “shovel ready” stage and through to completion depending on the many variables described in this study. 187 Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 April 29, 2016 VIA EMAIL Percy Hatfield, MPP for Windsor-Tecumseh Community Office 5452 Tecumseh Rd. E., Unit 1 Windsor, ON N8T 1C7 Dear Mr. Hatfield, Please be advised that at its meeting held on April 25th, 2016, Amherstburg Town Council passed the following motion: Resolution # 20160425-183 - That the Town SUPPORT Bill 180, Workers Day of Mourning Act, 2016, and send a letter of support to AMO and all municipalities. Regards, Tammy Fowkes Deputy Clerk cc: Taras Natyshak, MPP for Essex Tracey Ramsey, MP for Essex Association of Municipalities of Ontario (AMO) Ontario Municipalities Attached: Bill 180 - Correspondence 188 189 NOTICE The Government of Ontario Process for Ministers’ and Parliamentary Assistants’ Delegations at the AMO Conference Sunday August 14 – Wednesday August 17, 2016 Windsor, Ontario Individual Ministers and Parliamentary Assistants are being asked to participate in municipal delegations. Please note that not all Ministers and Parliamentary Assistants will be taking delegations. If your municipality wishes to meet with a Minister or Parliamentary Assistant, we ask that you complete and submit the online form. Please note all request forms must include the name of a contact person who is knowledgeable about the issue and available to respond to ministry inquiries in a timely manner. The Ministry of Municipal Affairs and Housing (MMAH) will respond to delegation requests for the Minister of Municipal Affairs and Housing. MMAH will advise other Ministers and Parliamentary Assistants of delegation requests. Decisions on delegation requests for other ministers will be made and given to you by the requested ministers. To assist in expediting your delegation request, we ask that you use the Municipal Delegation Request Form rather than going through your MPP or directly to the Ministers’ Offices. In order to facilitate municipalities in planning their delegation schedules we will advise municipalities of their delegation times prior to the conference. As a result, no delegation requests will be accepted after the DEADLINE of WEDNESDAY, JUNE 29, 2016. Municipalities will be contacted by the respective ministries about their requests and, if applicable, the meeting time and location, approximately one week before the conference. You can now submit one form to request delegation meetings with up to four ministries. To request delegation meetings with more than four ministries, please submit a new form. Please limit issues for discussion to a maximum of three per ministry. We ask that delegates not meet with more than one minister on a given issue. To make the most of the delegation time available (delegations usually run 15 minutes), please ask to discuss your issue only with the Minister or Parliamentary Assistant responsible for that issue. Thank you. Roji Seevachandran Municipal Programs and Education Branch Ministry of Municipal Affairs and Housing Telephone: 416-585-6850 E-mail : roji.seevachandran@ontario.ca 190 From:Donna Wilson To:Tricia Smith Subject:FW: AMO Support for Fort McMurray - Call to Action Date:May-05-16 1:47:18 PM Attachments:image001.png Donna Wilson Town Clerk Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 www.Tillsonburg.ca www.DiscoverTillsonburg.cawww.Facebook.com/TillsonburgON Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available to the public through the Council Agenda process. This email communication is CONFIDENTIAL AND LEGALLY PRIVILEGED. If you are not the intended recipient, use or disclosure of the contents or attachment(s) is strictly prohibited. If you have received this communication in error, please notify the author by return email and delete this message and any copy of it immediately. Thank you. þ Think about our Environment. Print only if necessary. From: AMO Communications [mailto:communicate@amo.on.ca] Sent: May-05-16 12:52 PMTo: Donna WilsonSubject: AMO Support for Fort McMurray - Call to Action May 5, 2016   Dear Colleagues,   Like you, I have been deeply affected by the disturbing images and the heartbreak we are seeing of those fleeing the wildfires around Fort McMurray. We appreciate the hard work of emergency services, civic employees and volunteers to assist in the multitude of efforts to tackle this situation. It is a situation that cries out for compassion and action.   AMO today challenged the 100 plus delegates at the Ontario Small Urban Conference to reach into their pockets and contribute personally. Delegates are meeting here in Goderich, the site of a devastating tornado that ripped through the community in 2011, learning more about being prepared for the unexpected, including natural disasters. In only 5 minutes, the challenge here raised $1233.00. The OSUM delegates asked me to challenge all municipal governments to donate as well. Municipal governments can contribute through AMO and we’ll ensure the funds are placed so that the Canadian government and Alberta government can match the dollars. 191   Donations can be made by cheque payable to Association of Municipalities of Ontario, with “Fort McMurray Disaster” in the description field. Let’s grow today’s $1233.00 funds so that in several weeks, we can tell our colleagues in northern Alberta and across the country that Ontario’s municipal governments care and are making a difference. Let’s help their recovery! Sincerely, Gary McNamara AMO President amopresident@amo.on.ca DISCLAIMER:   Any documents attached are final versions.  AMO assumes no responsibility for any discrepancies  that may have been transmitted with this electronic version.   The printed versions of the documents stand as the  official record. OPT-OUT: If you wish to opt-out of these email communications from AMO please Click Here. 192 Report Title DEVELOPMENT COMMITTEE APPOINTMENTS Report No. 16-10 Author DONNA WILSON Meeting Type Council Meeting Council Date May 9, 2016 Attachments RECOMMENDATION THAT Council receive Report CL 16-10 Development Committee Appointments; AND THAT Deb Gilvesy and Mel Getty be appointed to fill the vacancies on the Development Committee; AND THAT an amendment to By-Law 3876, Committee Appointments be brought forward for Council consideration. EXECUTIVE SUMMARY The Clerk’s Office was notified on April 7, 2016 that the Development Committee had two vacancies and they wished for those vacancies to be filled. An ad to fill the vacancies was placed in the Tillsonburg Update section of the Tillsonburg News on April 13th and April 20th with a cut-off date for applications on April 22, 2016. Applications were received from Deb Gilvesy and Mel Getty which were circulated prior to the meeting for your reference. CONSULTATION/COMMUNICATION The Clerk’s Office notified the Chair of the Development Committee that two applications were received and that the appointments would be brought before Council on May 9th, 2016. FINANCIAL IMPACT/FUNDING SOURCE No financial impact COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committees demonstrate culture & community by making Tillsonburg an attractive place to live. Page 1 / 2 193 Page 2 / 2 CAO 194 Report Title Fire Services Strategic Plan Committee Report No. 16-12 Author DONNA WILSON Meeting Type Council Meeting Council Date May 9, 2016 Attachments Committee Terms of Reference RECOMMENDATION THAT Council receive Report CL 16-12 Fire Services Strategic Plan Committee; AND THAT John Prno, Mel Getty, Ian Messenger, Gord Collings, John Bamford, Shane Curtis, Ted Sanders and Mike Dean be appointed to the Fire Services Strategic Plan Committee; AND THAT ________________ be appointed to represent Council on the committee. EXECUTIVE SUMMARY Fire Services provided a Terms of Reference for the Fire Services Strategic Plan Committee to Council in 2015 for endorsement. Fire Services was directed by Council to advertise for committee members and multiple ads went in the Tillsonburg Update section of the Tillsonburg News in 2015. No applications were received at that time. The matter was brought back to Council’s attention in 2016 and staff was directed to re-advertise and attempt to provide volunteers to fill the committee. The Terms of Reference set out the committee structure as follows: • Member of municipal Council • Chief Administrative Officer (ex officio) • Fire Chief (ex officio) • Fire Officer (volunteer Captain, acting Captain or Platoon Chief) • Firefighter (volunteer) • Municipal citizens(2) • Municipal business (3): o Multi-Unit Residential property owner o Industrial / Commercial property owner o Transportation representative (rail, road) Page 1 / 2 195 The following names were submitted as a result of the most recent advertisement: Community Applicants: Mel Getty John Prno Ian Messenger Gord Collins Multi-Unit Residential: John Bamford Shane Curtis FINANCIAL IMPACT/FUNDING SOURCE No financial impact COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committees demonstrate culture & community by making Tillsonburg an attractive place to live. Page 2 / 2 CAO 196 Fire Services Strategic Planning Committee TERMS OF REFERENCE Introduction Strategic Fire Planning is fundamental to managing a community’s fire protection services. Fire protection services include, but are not limited to, fire suppression (including rescue, medical assistance, hazardous materials response, vehicle extrication, water/ice rescue, high angle rescue), communications, fire prevention inspections and code enforcement, and public education programs. Developing and implementing a well thought out plan will provide the basis for understanding present and future fire protection risks to the community and facilitate implementation of a system for effective and efficient use of resources to control fire losses and fire protection that addresses our local needs and circumstances, coupled with a view of the need for fiscal responsibility to our ratepayers. It is often easy to get caught up in the day-to-day business of providing emergency response to our residents. This is certainly the most visible component of fire protection to citizens. Many are aware of the variety of other services the fire department provides and the direct and indirect costs for and benefits of providing these services to the community. In this environment, it is often easy to lose sight of the value and need for long range planning. The continued demands for improved fire suppression, fire prevention, fire safety education to the public, medical responses and rescue calls must be viewed within the framework of utilizing budgetary resources wisely. To be effective, a community must not lose sight of the strategic and long term goals necessary to maintain an effective fire service. The Fire Protection and Prevention Act, 1997, clearly establishes municipal responsibility for certain components of fire prevention (inspection on complaint and request), public fire safety education, and such other fire protection services the municipality deems necessary based on its local needs and circumstances. Strategic fire planning will provide the framework to direct future fire protection services in order to meet the requirements of provincial legislation and the identified needs of our community not only today but for years to come as well. Purpose The strategic planning process will address a number of issues in order to formulate a framework to lead our fire services into the future. The process will: • Determine the Town of Tillsonburg’s fire protection needs and circumstances including fire risk, capabilities of the existing fire service and capabilities of the municipal budget. • Determine the Town of Tillsonburg’s future fire protection needs and circumstances including fire risk, and desired capability of the fire service. • Identify options for developing and delivering fire services through efficient and effective use of all available resources. • Provide implementation strategies and schedules which will also serve as an evaluation tool to determine that the goals established meet required standards and are achieved within the prescribed time frames. • Facilitate continual monitoring and evaluation of the plan’s implementation. • Provide a mechanism whereby revisions take place in order to ensure the plan’s continued viability. • Develop Mission Statement and Vision Statement for Tillsonburg Fire & Rescue Services 197 Scope The Strategic Fire Plan for the Town of Tillsonburg is designed to address current and anticipated community risks over a period of ten (10) years. The strategic fire plan will address all aspects of the delivery of fire protection services, including: • Governance – current municipal structure • Emergency response – fire suppression, medical, hazardous materials, water/ice rescue, vehicle extrication, high angle rescue, etc. • Fire prevention – inspections, code enforcement, fire cause determination • Public fire and life safety education • Communications • Training and education of staff • Equipment and apparatus • Administration – fire department management structure Guiding Principles and Key Assumptions It is important to the development of the strategic fire plan that certain “project assumptions” be declared as it relates to directions to the steering and working committee members in functional matters such as services to be provided and levels to be attained by the Tillsonburg Fire Department. The strategic fire plan assumptions are as follows: • The following list of guiding principles will be referenced throughout the process: o Provide services that are equally accessible to the entire community. o Provide a fire service that has appropriate quality assurances and accountability measures incorporated into its function. o Provide a fire service that responds to the changing needs and circumstances of the Town of Tillsonburg. • The organization model will reflect the Office of the Ontario Fire Marshal response criteria for urban and rural areas in structure and the associated base response times will be referenced as the community guidelines: o Ten personnel on scene within 10 minutes of dispatch for urban areas (90% of time to a single family structure fire). o Six personnel on scene within 14 minutes of dispatch for rural areas (90% of time to a single family structure fire). • The organizational structure will include a staffing component to the community standard to align with response times. • The Tillsonburg Fire Department’s organizational model with respect to base response and staffing should be reviewed against the results of the risk assessment, department capabilities and gap analysis. It can then be used as a guide from which the rest of the strategic fire plan can be developed. Critical Success Factors The following critical success factors will be used to promote an effective and successful strategic planning process: • Commitment of, formal direction from and engagement of Council. • Sense of ownership and high priority. • Broad-based participation on the project team with clearly defined roles. 198 • Utilization of interdisciplinary skills and knowledge of the community. • Ongoing and regular communication with municipal Council and other stakeholders during the process. • A systematic, step-wise approach. • Reasonably achievable and agreed-upon time frame. • Strong understanding of the requirements. • Access to important and relevant information. • Objective and thorough analysis of local needs and circumstances. • Importance of public expectations and level of satisfaction. • Risks are clearly identified, understood and evaluated. • All practical options are considered. • Documentation of decisions made and rationale supporting them. • Clear implementation of plan with accountability, resources, and timelines. • Measurable outcomes that are monitored. • Identifiable benchmarks utilized for comparisons. • Annual review and revision of the plan as necessary. Process The development of the strategic fire plan will follow a ten (10) step process, based in part of the former “Shaping Fire Safe Communities” program to maximize the use of the work completed by previous committee(s). 1. Establish Planning Context 2. Establish Planning Committee & Work Teams 3. Analyze Risks and Proactive Futuring 4. Evaluate Risks and Capabilities 5. Prepare Action Plan 6. Develop Strategies to Implement Strategic Fire Plan 7. Implement the Strategic Fire Plan 8. Monitor and Evaluate 9. Benchmark 10. Revise Accountability Framework The Town of Tillsonburg is responsible for the development, implementation, monitoring, updating, and overall ownership of the strategic fire plan. To that end, the municipality commits to the following: • Assigning appropriate and sufficient resources to conduct the strategic fire planning exercise in a timely manner. • Monitoring and managing progress to ensure that the strategic fire planning process is completed within the scheduled timeframe and that resources are brought to bear in a timely way to facilitate the process. • Providing meeting facilities, all necessary documentation and other required information in order to complete the strategic fire planning process. • Establishing stakeholder focus groups as required and engaging in meaningful dialogue to gather essential input for the strategic fire plan. • Creating the strategic fire plan and any required and related documents and drafts. 199 • Committing to an implementation schedule for the strategic fire plan. • Committing to monitoring, reviewing and revising (as necessary) the strategic fire plan at least annually or more frequently as situations change that may affect the plan. The Fire Chief provides the overall technical oversight of the development, implementation and management of the strategic fire plan. The Office of the Fire Marshal will provide advice and technical assistance only and will not attend committee meetings as a sitting member. Planning Committee Structures and Responsibilities Steering Committee A Strategic Fire Planning Steering Committee shall be established to oversee the entire planning process and provide advice and direction to the working committee(s) as required. The committee shall be comprised of the following members: • Member of municipal Council • Chief Administrative Officer (ex officio) • Fire Chief (ex officio) • Fire Officer (volunteer Captain, acting Captain or Platoon Chief) • Firefighter (volunteer) • Municipal citizens(2) • Municipal business (3): o Multi-Unit Residential property owner o Industrial / Commercial property owner o Transportation representative (rail, road) Working Subcommittee(s) The Steering Committee will establish working subcommittee(s) to deal with strategic planning issues such as the following: • Economic circumstances • Geography and topography • Training of fire department personnel • Fire prevention • Fire cause determination • Public fire safety education • Human resources • Water supplies • Emergency communications • Emergency response • Public attitude • Apparatus and equipment Each working subcommittee area will be addressed by a written report to the Steering Committee. Each committee member is expected to: • Promote the progress with representative group(s) and with the fire service. • Be responsible for representing the interests of his/her organization by tabling appropriate issues and information. 200 • Taking non-confidential information and issues back to the committee or group he/she represents. • Maintain confidentiality of the information and discussions which have taken place unless otherwise directed by the project manager. • Declare, in advance, any potential conflicts of interest. • Be an active participants at all meetings, share information, offer opinions and seek the opinions of others and be open to compromise with regard to objective issues. • Show respect for the views of others. • Initiate discussion and contribute to the development of new ideas and concepts. • Evaluate, clarify, and deliberate conflicting ideas and viewpoints so that the best possible solution is maintained. Tillsonburg Fire & Rescue Services staff and municipal administrative staff will collect data and information pertaining to the policy and operational areas of the department. Regular updates on the status of the strategic planning process will be provided to Council. Deliverables and Milestones Clear and measurable time frames will be established for the creation and subsequent implementation of the plan once it is adopted and endorsed by municipal Council. The process will utilize the following milestones: • Establish planning context • Review and if necessary recommend revisions to Terms of Reference • Establish planning components and locations • Recommend working subcommittee membership to Chief Administrative Officer • Set committee and subcommittee meeting dates • Set completion dates for approved milestones • Analyze, evaluate risks / capabilities • Complete proactive futuring of community risks • Prepare action plan • Develop implementation strategies • Implement Strategic Fire Services Plan • Monitor and evaluate (ongoing) • Benchmark (ongoing) • Review and revise (ongoing) Communications Throughout the development of a Fire Services Strategic Plan, all communications with the media or public on the strategic planning process will be channeled through the steering committee via the Chief Administrative Officer. 201 Report Title DELEGATIONS OF POWERS & DUTIES POLICY Report No. 16-08 Author DONNA WILSON Meeting Type Council Meeting Council Date May 9, 2016 Attachments 2-006 DELEGATION OF POWERS AND DUTIES RECOMMENDATION THAT Council receives Report CL 16-08, Delegation of Powers & Duties Policy; AND THAT a by-law to authorize the policy be brought forward for Council consideration. EXECUTIVE SUMMARY Section 270. (1) of the Municipal Act (the Act) states that a municipality shall adopt and maintain policies with respect to the delegation of its powers and duties. 2006, c. 32, Sched. A, s. 113. Municipalities are enabled to delegate many of their powers and duties under the Act or the Planning Act, including their legislative and quasi-judicial powers, to one or more members of council, a local board, a council committee, or an individual officer, municipal employee or an agent of the Town. Council is not authorized to delegate any of the following powers: • The power to appoint or remove from office, statutory officers of the municipality • The power to pass a by-law and deal with issues relating to taxes. • The power to incorporate municipal corporations. • The power to adopt an Official Plan or an amendment to the Official Plan. • The power to pass a zoning by-law. • The power to adopt a community improvement plan. • The power to adopt or amend the budget of the municipality. Council may choose to revoke a delegation of power at any time or Council may delegate a power and specify that it cannot be revoked during the term of Council. There are a number of potential advantages to the delegation of certain powers: • Clearer focus: With some decision-making delegated to other groups, councils will have more time to focus on more strategic issues and directions. Page 1 / 3 202 • Better use of expertise: Individuals and groups with delegated authority will in many cases be closer to the action and have more specialized expertise to make the right decisions and take appropriate actions. • Faster response: The delegation of authority away from a centralized municipal council may relieve bottlenecks and speed up the decision-making process. Council of the Town of Tillsonburg has already delegated authority for certain municipal actions through a number of by-laws and in some instances through council resolution. This policy will clearly identify delegated municipal powers in one By-Law. This policy shall also bring the municipality in compliance with Section 270 (1) of the Act. Additional authority within this policy includes the authority of the CAO and a Director to enter into agreements to legally bind the Corporation without by-law approval if the subject matter is non-financial, if there is approved operating or capital budget and if the matter is administrative or operational and the term does not exceed 5 years. The policy also provides authority for the CAO and the Director of Operations to execute on behalf of the Corporation various planning agreements such as community improvement plan (CIP), site plan, easements, development, part lot control, severance and subdivision. Some approval authority has already been delegated to staff such as CIP, Easements and Site plan Control. The remainder of the planning matters are under the authority of the County of Oxford and documents are executed by the Town once the decision has been made at the County level. The delegated authority to execute the agreements shall in no way alter the approval processes in place under the Planning Act but shall streamline and speed up the final process of execution of the agreements. The CAO, in consultation with the County Development Planner, is authorized to appeal the decision of a planning application on the basis of sound planning reasons, subject to the appeal being confirmed by Council at the following Council Session. The Director of Operations and the Chief Building Official will be authorized to approve and jointly execute on behalf of the Corporation of the Town of Tillsonburg encroachment agreements for the purpose of allowing certain encroachments on town owned land for a determined period of time and to authorize temporary encroachment permits for a short period of time. The Director of Operations shall also be authorized to temporarily close a road or part of a road under the town’s jurisdiction. This would be necessary during construction, repair or improvements of the road, flooding of the road, erosion of the roadbed, trees or tree limbs fallen across the road, to facilitate movement of an oversized load, or to facilitate social, recreational, community, or athletic events. The Director would also be authorized to designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone. This policy Page 2 / 3 CAO 203 shall also authorize the Director of Operations to sign applications for environmental approvals under the Ontario Water Resources Act, R.S.O. 1990, as amended and the Environmental Protection Act, R.S.O. 1990 as amended. This policy shall authorize the Chief Building Official to execute conditional building agreements on behalf of the Town. This authority was provided by council resolution on September 28, 2015. The authority also authorized the CBO to authorize the removal of registered agreements from the Land Registry System. Council has previously delegated certain powers and duties to staff through a number of by-laws as follows: - By-Law 3513, Site Plan Control - By-Law 3798, Minor Sign Variances - By-Law 3444, Restricted Acts after Nomination Day - By-Law 2535, MFIPPA - By-Law 3933, Records Retention - By-Law 3666, Licensing of Businesses within the Town - By-Law 4006, Prohibit and Regulate the Fortification of Land - By-Law 2995, License, Regulate & Govern Taxicabs The authority delegated within these by-laws is included in this policy. This policy shall be reviewed periodically as deemed appropriate by the Chief Administrative Officer. CONSULTATION/COMMUNICATION Staff has consulted with a number of municipalities regarding best practices for a Delegation of Powers and Duties Policy. The majority of Municipalities in Ontario have passed a Delegation by-law to ensure compliance with the Municipal Act. Municipalities consulted were the County of Oxford, Town of Ingersoll, Township of East Zorra-Tavistock, City of Woodstock, Town of Orangeville, City of Ottawa, County of Prince Edward, City of Guelph and City of Brampton. FINANCIAL IMPACT/FUNDING SOURCE No financial impact 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 municipal practices and appropriate contacts. Page 3 / 3 CAO 204 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 Approval Date Revision Date Schedules A. POLICY STATEMENT The purpose of this policy is to establish provisions for the delegation of the powers and duties of Council. Previously, Council could delegate administrative matters only, but now a municipality’s authority to delegate has been broadened to include legislative and quasi-judicial powers that have traditionally been held by Council alone. This will help streamline Council’s decision-making process by enabling it to focus on larger issues as well as enhance community engagement regarding specifically defined local issues. The Council of the Town of Tillsonburg is directly accountable for all municipal powers and duties as legislated under the Municipal Act, 2001 or any other Act and at the same time recognizes that the delegation of powers and duties may provide for improved efficiencies, the utilization of a particular expertise or enhanced engagement. In determining any delegation of its powers and duties, Council shall abide by the legislative restrictions and shall also ensure that such delegation will be accomplished maintaining the principles of accountability and transparency. 1.0 Legislative Authority 1.1 Section 270 (1) of the Municipal Act, S.O. 2001, c. 25, provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties. 1.2 Section 23.1 (1) of the Act further provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 1.3 Section 23.2 of the Act restricts the delegation of legislative and quasi-judicial powers to powers under “this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed”. Page 1 / 11 2-006 Delegation 205 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 2.0 For the purposes of this Policy 2.1 “Act” shall mean the Municipal Act, S.O. 2001, c. 25. 2.2 “Officer” shall mean an employee of the Town holding some position of responsibility or authority. 2.3 “Administrative Powers” shall mean those powers that a natural person could delegate and that relate to the management of the municipal corporation. 2.4 “Legislative Powers” shall mean those powers that require policy setting and by-law making. 2.5 “Quasi-Judicial Powers” shall mean those powers that require judgement and decision making. These decisions are based less on policy and procedure, and more on the adjudication of individual rights and duties. 2.6 “Town” shall mean the Corporation of the Town of Tillsonburg. 3.0 Powers that cannot be Delegated 3.1 Section 23.3 (1) of the Act sets out the specific circumstances in which a municipality cannot delegate its powers or duties as follows: a) appointing or removing officers of the municipality whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) imposing taxes; c) incorporating corporations; d) adopting or amending the official plan; e) passing zoning by-laws; f) passing bonusing by-laws related to small businesses operating or proposing to operate in the municipality or bonusing by-laws related to the provision of municipal capital facilities; g) adopting community improvement plans which include bonusing arrangements; Page 2 / 11 206 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 h) adopting or amending the municipal budget; and i) other powers or duties as prescribed. 4.0 Restrictions Regarding Delegation of Legislative and Quasi-Judicial Powers 4.1 Legislative and quasi-judicial powers may only be delegated to the following: a) one or more members of Council or a committee of Council; b) a body having at least two members of whom at least 50 per cent are members of Council and/or Council appointees; or c) an individual who is an officer, employee or agent of the Town, but only if the power delegated is of a minor nature. 5.0 Scope of Power 5.1 All delegations of Council powers, duties or functions shall be effected by by-law. 5.2 Unless a power, duty or function of Council has been expressly delegated by by-law, all of the powers, duties and functions of Council remain with Council. 5.3 A delegation may be restricted or revoked at any time without notice unless the delegation by-law specifically limits Council’s power to restrict or revoke the delegation. This limitation to Council’s power shall not extend beyond the term of the current council and will not restrict the power of succeeding councils to revoke the delegation. 5.4 A delegation may provide that only the delegate can exercise the delegated power or that both Council and the delegate can exercise the power jointly. 5.5 Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including such conditions, approvals and appeals as Council considers appropriate. 5.6 Council has the authority to establish an appeal body to hear appeals or review decisions made under a delegated power as per Section 284.1 of the Act. This includes the power to determine procedures, powers and rules of those conducting the appeal. Page 3 / 11 207 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 5.7 Unless specifically authorized by statute or regulation, any delegation of Council decision- making powers and duties to any Board or Committee of Council shall be authorized by by-law. Such delegated powers and duties, if any, shall be set out in the terms of reference adopted by Council pursuant to the Town’s Procedure By-law. 6.0 Authorization of Expenditures 6.1 Council has the ultimate authority for all expenditures. Council delegates this authority through the authorization of budgets, the purchasing policy or by specific resolution. 6.2 The Purchasing Policy sets out the authority for Procurement and sets purchase limits. It also provides direction on the circumstances in which certain purchasing mechanisms are appropriate (i.e. informal quotes, written quotes, tender submissions or requests for proposal). 7.0 Authority to Execute Agreements 7.1 Despite Section 5 (3) of the Act, Section 23.1 (3) provides that Council may require that the delegate act by by-law, resolution or otherwise. 7.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize a Director to enter into an agreement and shall authorize the Director and the CAO to legally bind the Corporation by jointly executing said agreement without by-law approval if the following criteria are met: a) the subject matter is non-financial; b) the subject matter is financial or procured in accordance with the purchasing policy and for which approved operating or capital budget exists; c) the subject matter is of an administrative or operational nature and relates to the management of the municipal corporation; and d) the agreement is for a term not exceeding five (5) years. Page 4 / 11 208 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 8.0 Chief Administrative Officer and Director of Operations 8.1 Planning Agreements 8.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 8.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 Section 30, 41, 50, 51 and 53 to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the CAO and the Director of Operations to execute on behalf of the Corporation of the Town of Tillsonburg: a) community improvement plan agreements; b) development agreements for the purpose of site plan control; c) part lot control agreements; d) severance agreements; e) easement agreements; f) pre-servicing agreements; and g) subdivision agreements. 9.0 Chief Administrative Officer (CAO) 9.1 Site Plan Control (By-Law 3513) 9.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Site Plan Control, this policy shall authorize the CAO and the County Development Planner to: a) sign final site plans for the purpose of indicating that final approval has been granted by the approval authority and is acceptable for registration purposes; b) grant extensions of site plan approval; and c) change the conditions of site plan approved plans and draft approved site plans. Page 5 / 11 209 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 9.2 Appeal of Planning Decisions to the Ontario Municipal Board 9.2.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 to delegate certain powers and duties to staff, and for the purpose of lodging appeals prior to the end of an appeal period for a planning application, this policy shall authorize the CAO, in consultation with the County Development Planner to appeal the decision of a planning application on the basis of sound planning reasons, subject to the appeal being confirmed by Council at the following Council session. 9.3 Minor Sign Variances - Sign By-Law 3798 9.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 9.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Minor Sign Variances, this policy shall authorize the CAO or his/her designate to consider minor sign variances applications with regard to: a) Special circumstances or conditions applying to the property, building or use; b) Pre-existing special circumstances or conditions not created by the owner; c) Sign will detrimentally alter the character of the building, property or area; and d) The general intent and purpose of the Sign By-law is maintained. 9.3.2 Whereas applications that are considered not to be minor in nature will be considered by Town Council and any minor variance applications at the discretion of the CAO to be determined not to be minor in nature will be considered by Town Council for final decision. 9.3 Restricted Acts after Nomination Day (By-Law 3444) 9.3.1 In the event that Council becomes “lame duck” and restricted by the provisions of Section 275 of the Municipal Act, 2001 in an election year, the following duties shall hereby be delegated to the CAO: Page 6 / 11 210 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 a) the appointment or removal from office of any officer of the municipality, except officers whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) the hiring or dismissal of any employee of the municipality; c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, if the disposition was not included in the most recent budget; and d) making any expenditure or incurring any other liability which exceeds $50,000, if the liability was not included in the most recent budget. 9.3.2 Section 275 (6) provides that nothing in the Act “prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day”. 10.0 Town Clerk 10.1 Municipal Freedom of Information and Protection of Privacy Act (By-Law 2535) 10.1.1 Section 3 (1) of the Municipal Freedom of Information and Protection of Privacy Act, 2001, R.S.O. 1990 provides that the members of the council of a municipality may by by-law designate from among themselves an individual or a committee of the council to act as head of the municipality for the purposes of the Act. 10.1.2 Section 49 (1) of the Municipal Freedom of Information and Protection of Privacy Act further provides that a head may in writing delegate a power or duty granted or vested in the head to an officer of the institution. 10.1.3 Whereas it is desirable and expedient in the conduct of Council’s affairs to designate a head for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and to delegate certain powers and duties vested in the head to an officer of the corporation, this policy shall designate the Mayor as head and shall authorize the Town Clerk or his/her designate to act as head pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Page 7 / 11 211 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 10.2 Records Retention (By-Law 3933) 10.2.1 Whereas Section 255 (3) of the Municipal Act 2001 provides that a municipality may, subject to the approval of the municipal auditor, establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved. 10.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to establish or amend retention periods for the records of the Corporation of the Town of Tillsonburg, subject to the approval of the municipal auditor. 10.3 Licensing of Businesses with the Town of Tillsonburg (By-Law 3666) 10.3.1 Whereas Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality. 10.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to act as Licensing Officer for the purpose of issuing a Business License pursuant to the terms and conditions set out in the current By-Law to govern the licensing of businesses within the Corporation of the Town of Tillsonburg. 10.4 Municipal Significant Events 10.4.1 Whereas the Alcohol and Gaming Commission of Ontario (AGCO) Regulation 389/91 requires that an organization that is not a registered Charity Organization or does not have a not for profit organization designation, they must by designated as a ‘municipal significant event” by the municipality in order to obtain a Special Occasion Permit (SOP). 10.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to provide the designation for the purpose of obtaining a Special Occasion Permit from the AGCO. Page 8 / 11 212 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 11.0 Director of Operations 11.1 Encroachment on Municipal Land (Policy Aug 12, 2013 Council Resolution) 11.1.1 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect of encroachments on Municipal land to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the Director of Operations and the Chief Administrative Officer (CAO) to approve and jointly execute on behalf of the Corporation of the Town of Tillsonburg encroachment agreements for the purpose of allowing certain encroachments on town owned land for a determined period of time. In addition, The Director of Operations or his/her designate shall be authorized to approve temporary encroachment permits on municipal land for a short period of time. 11.2 Temporary Road Closures 11.2.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to temporarily close a road or any part of it under the jurisdiction of the Town for any period. 11.2.2 Such a temporary road closure is appropriate in the following circumstances: a) during construction, repair or improvement of the road or any works under, over, along, across or upon it, where the construction, repair or improvement is initiated either by the Town or a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway OR where it is privately initiated by other than a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway but only for a period not exceeding 21 days; b) where, in the opinion of the Director of Operations or his/her designate, environmental factors such as, but not limited to, flooding of the road, erosion of the roadbed, trees or tree limbs fallen across or along the road, or other material lying or being upon the road, would present a hazard to the traveling public; c) to facilitate a social, recreational, community, athletic, or cinematographic event, or any combination of them where the organization requesting the event accepts the responsibility for establishing suitable detour roads, erection and removal of barricades and signs, maintenance and restoration of detour roads and all associated costs, provide $5,000,000.00 liability Page 9 / 11 213 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 insurance naming the Town as an additional insured, and holds the Town harmless from any action or cause or style of action; or d) to facilitate the movement of an oversized load. 11.3 Environmental Approvals 10.3.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to sign applications for environmental approvals under the Ontario Water Resources Act, R.S.O. 1990, as amended and the Environmental Protection Act, R.S.O. 1990, as amended. 11.4 Construction Zone Designations 11.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone in accordance with subsection 128(8.1) of the Highway Traffic Act, R.S.O. 1990, for the purpose of reducing the maximum rate of speed. 12.0 Chief Building Official 12.1 Prohibit and Regulate the Fortification to Land (By-Law 4006) 12.1.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.1.2 Whereas The Corporation of the Town of Tillsonburg (the “Town”) deems it to be in the interest of public health, safety and well-being to regulate fortification and protective elements with respect to land, and particularly to ensure that such fortification and protective elements do not hinder the lawful access to and egress from land, building and structures by law enforcement officers, emergency services personnel and the public; 12.1.3. Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to the Chief Building Official or his or her designates pursuant to Part I of the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, to consider, grant and refuse exemptions under the “Fortification By-Law” since the exemptions provided for would be limited to particular properties and limited in their impact on the duties of law enforcement officers and emergency services personnel. Page 10 / 11 214 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 12.2 License, Regulate and Govern Taxicabs(By-Law 2995) 12.2.1 Whereas Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides, among other things, that the council of a local municipality may pass By-Laws for licensing, regulating and governing owners and drivers of taxicabs and accessible taxicabs used for hire or any class or classes thereof. 12.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Chief Building Official or his/her designate to act as Licensing Officer for the purpose of issuing a Taxicab License pursuant to the terms and conditions set out in the current By-Law to Provide for the Licensing, Regulating and Governing of Owners and Drivers of Accessible Taxicabs and Taxicabs Used for Hire within the Town. 12.3 Conditional Building Permit Agreements (Council Resolution Sept. 28, 2015) 12.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.3.2 Whereas the Building code Act, Section 8(3) authorizes Chief Building Officials at his or her discretion, to issue or not to issue a conditional permit for any stage of construction even though all the requirements to obtain a permit have not been met. 12.3.3 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Building Code Act, to delegate certain powers and duties to the Chief Building Official for the purpose of expediting the execution of conditional building permit agreements, this policy shall authorize the Chief Building Official to execute on behalf of the Corporation of the Town of Tillsonburg such agreements. 13.0 General 13.1 Where any of the delegated powers set out in this Policy are contested the matter shall be considered in accordance with Section 5.6. 13.2 This policy shall be reviewed periodically as deemed appropriate by the Chief Administrative Officer. Page 11 / 11 215 Report Title Economic Development and Marketing First Quarter Report Report No. Report DCS 16-17 Author Cephas Panschow Meeting Type Council Meeting Council Date May 9, 2016 Attachments • None RECOMMENDATION THAT Council receive Report DCS 16-17 Economic Development and Marketing First Quarter Report for information purposes. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of first quarter financial and business plan objectives. BACKGROUND Economic Development Activity Q1 2015 Q1 2015 (TARGET) Q1 2016 (ACTUAL) Lead Files Opened 13 20 14 Lead Files Closed 7 30 6 Corporate Visits 4 6 11 Client Visits 4 4 5 New Businesses Opened 4 2 2 Businesses Closed 2 N/A 1 Website Activity (Main Business Page) 776 850 895 Website Activity (Business Directory) 1,702 1,600 2,328 Page 1 / 3 Report DCS 16-17 Economic Development an 216 In general, most of the Economic Development metrics are tracking close to or above 2015 actuals with some below 2016 targets. This is due in part to an increase in some of the targets as well as focus placed on the Branding project. The most significant win in this quarter was the sale to Wise Line Metal Sales Inc for the construction of a 30,000 square foot industrial building with up to 20 jobs being relocated to Tillsonburg. The sale to Xcel Fabrication & Design Ltd is scheduled to close in Q2. The following table summarizes the status of the first quarter 2016 Business Plan objectives: Item Budget Value Target Date Status Design/Build Partnership $5,000 Q1 Deferred until Q2 due to other priorities Online Targeted Campaign $3,500 Q1 Campaign scheduled to end in May Branding Implementation – Phase 1 $10,000 Q1 – Q4 Launch scheduled for April 18 as part of CSP Open House. Other work ongoing Discover Tillsonburg $16,500 Q1 – Q4 Attendance at Tillsonburg and London Homes shows in April, Spring Home Tour on May 2 CONSULTATION/COMMUNICATION Not applicable. The Development Committee is provided with a summary of this report at their regular meetings. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department variances for the first quarter of 2016 are as follows: Department Variance Explanation Economic Development $6,524 Net revenue over budget $1,900 - SOMA; Net labour over budget $3,800; Advertising Expense over budget Page 2 / 3 CAO 217 $3,700; Development & Communications N/A Economic Development and Development & Communications actuals are anticipated to meet approved budget amounts at this time. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Not applicable. Page 3 / 3 CAO 218 Report Title 2016 BUDGETARY ESTIMATES AND TAX RATES Report No. FIN 16-21 Author DENIS DUGUAY Meeting Type Council Meeting Council Date MAY 9, 2016 Attachments • 2016 FINAL LEVY BY-LAW 4015 RECOMMENDATION THAT Council receives report FIN16-21 2016 Budgetary Estimates and Tax Rates. AND THAT the 2016 Final Levy By-Law No. 4015 be brought forward for Council consideration. EXECUTIVE SUMMARY To present By-Law 4015 adopting the 2016 budgetary estimates and tax rates for Council consideration. BACKGROUND At the Council meeting held on January 25, 2016, Council adopted the 2016 budget and business plans establishing a requirement from taxation for general purposes of $13,468,500. To meet this levy requirement, tax rates founded on the 2012 current value phase-in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. Attached is By-Law No. 4015 specifying the approved levy amount along with Schedule “A” that provides for the applicable calculated 2016 tax rates to generate the levy amounts for each requisitioning body. The By-law will be brought forward later in the meeting for three readings. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 1 / 1 FIN 16-21 2016 Budgetary Estimates and 219 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 4015 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2016. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2016, and endorsed by resolution, January 25th, 2016, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $13,468,500 . B) A special levy for core area parking of $139,200 C) A special levy for the Business Improvement Area of $118,000 2) That the tax rates hereby adopted for each class for the year 2016, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 25, 2016 SECOND INSTALMENT Thursday, October 27, 2016 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2016 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2016, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 220 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2016 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 9th DAY OF MAY, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF MAY, 2016. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 221 TOWN OF TILLSONBURG Schedule "A " to By-Law 4014 2016 TAX RATES TOTAL BASE RTC/RT Q GENERAL COUNTY SEWERS EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00723432 0.00416631 0.00023795 0.00188000 0.01351858 0.00118948 0.01470806 MT MULTI-RESIDENTIAL 0.01982204 0.01141569 0.00065198 0.00188000 0.03376971 0.00325917 0.03702888 CT COMMERCIAL 0.01375823 0.00792349 0.00045253 0.01400000 0.03613425 0.00226215 0.00192130 0.04031770 XT COMMERCIAL NEW CONSTRUCTION 0.01375823 0.00792349 0.00045253 0.01180000 0.03393425 0.00226215 0.00192130 0.03811770 CU VACANT UNITS/EXCESS LAND 0.00963076 0.00554644 0.00031677 0.00980000 0.02529397 0.00158351 0.00134491 0.02822239 CX VACANT LAND 0.00963076 0.00554644 0.00031677 0.00980000 0.02529397 0.00158351 0.00134491 0.02822239 XU COM'L NEW CONST. - EXCESS LAND 0.00963076 0.00554644 0.00031677 0.00826000 0.02375397 0.02375397 IT INDUSTRIAL 0.01902626 0.01095740 0.00062581 0.01500000 0.04560947 0.04560947 JT INDUSTRIAL NEW CONSTRUCTION 0.01902626 0.01095740 0.00062581 0.01180000 0.04240947 0.04240947 IU VACANT UNITS/EXCESS LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 IX VACANT LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 LT LARGE INDUSTRIAL 0.01902626 0.01095740 0.00062581 0.01500000 0.04560947 0.04560947 LU VACANT UNITS/EXCESS LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 PT PIPELINES 0.00911018 0.00524663 0.00029965 0.01046182 0.02511828 0.02511828 FT FARMLAND 0.00180858 0.00104158 0.00005949 0.00047000 0.00337965 0.00337965 R1 FARMLAND DEV PH 1 0.00325544 0.00187484 0.00010708 0.00084600 0.00608336 0.00608336 222 Report Title Encroachments of Highways and Public Lands Report No. OPS 16-16 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 9, 2016 Attachments • Existing Encroachment on Municipal Property Policy • Proposed Encroachment By-law • Encroachment Agreement Template RECOMMENDATION THAT Council receive Report OPS 16-16 Encroachments on Highways and Public Lands; AND THAT a By-Law to regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg be brought forward for Council consideration; AND THAT the existing Encroachment on Municipal Property Policy be rescinded and considered null and void upon adoption of the proposed Encroachment By-law. SUMMARY The existing Encroachment on Municipal Property Policy only partially addresses permanent encroachments within right-of-ways and public lands, and does not address the need for temporary short-term encroachments within right-of-ways and public lands necessary to facilitate short duration events or temporary construction related third party utility work. The purpose of the proposed Encroachment By-law is to regulate, control and outline the procedures related to both temporary short-term and permanent long-term encroachments within Town right-of-ways and public lands to ensure public safety and minimize the likelihood that an encroachment may interfere with maintenance activities or future improvements. Under the proposed by-law all temporary short-term encroachments that will be in place for less than one (1) year will be dealt with through the issuance of an Encroachment Permit. All permanent long-term encroachments that will be in place for longer than one (1) year or encroachments that reoccur on an annual basis will be dealt with through the issuance of an Encroachment Agreement. All existing encroachments authorized by the Town issued under the existing encroachment policy will be permitted to continue, unless the safety of the public is affected by the encroachment or the applicant wishes to alter the encroachment in any way. Page 1 / 2 223 CONSULTATION/COMMUNICATION The encroachment permit and agreement process of the Ministry of Transportation, City of Ottawa, Kingston, Hamilton, Mississauga, Cambridge and Owen Sound, Regional Municipality of Waterloo and Chatham-Kent were reviewed during the development of the proposed Encroachment By-law followed by a comprehensive review by the Town solicitor. FUNDING IMPACT/ FUNDING SOURCE Although there is no financial impact associated with the proposed Encroachment By-law the opportunity of an additional revenue stream is available should Council wish to implement an Encroachment Permit fee in the future. The current Encroachment Agreement fee is $1,000 per application as outlined in the Town Rates & Fees By-law. Page 2 / 2 224 Encroachments on Municipal Property Policy 1. Introduction The purpose of this policy is to establish a written process for the consideration of requests for encroachments in, on, above or under municipal Property and subsequent approval and management of encroachment agreements (“Encroachment Agreements”) approved under the Policy. 2. Definitions “Areaway” means an open subsurface space adjacent to a building used to admit light and air or as a means of access to underground storage space. “Municipality " means the Town of Tillsonburg. “Municipal Authority" means the Department of Development and Communication Services or such other Municipal department, division, group, section, official or person(s) designated from time to time by Council to act on the Municipality’s behalf. “Municipal Property" means a road allowance, park, cemetery, open space or any property owned or managed by the Municipality. “Commenting Agency” means an agency (either internal and external) that is circulated for comments on Encroachment applications. “Encroachment” means an improvement, such as a building, structure, parking, planted area or outdoor boulevard café, made to Municipal Property that is located entirely or partly in, on, under or above the Municipality’s Property authorized by an Encroachment Agreement. “Fence” means: a) a railing, wall, line of posts, wire, gate, boards, pickets, latticework, or any combination thereof, or other similar erection for the purposes of enclosing or providing privacy; and, b) a hedge or grouping of shrubs used for the purposes listed in subsection (a). “Landscaping” means a natural vegetation area, garden, constructed area such as a pathway, retaining wall, and decorative rock (save and except Fences and Trees). “Owner” means the legal registered owner of property that abuts Municipal Property. 225 “Refreshment Vehicle” means any vehicle from which refreshments are sold for consumption by the public and includes, without limiting the generality of the foregoing, carts, wagons, trailers, trucks, and bicycles, irrespective of the type of power employed to move the refreshment vehicle from point to point. “Sign” means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information or advertising purposes and includes an advertising device. “Street Furniture” means elements and amenities installed in the public right of way for the use and convenience of the public. This may include but is not limited to a bench, waste/recycling bin, shelter, telephone booth, publication box, bike rack and cigarette receptacle. “Temporary Encumbrance” means a moveable object located within the Municipality’s road allowance. This may include but is not limited to, temporary signs, fruit and vegetable stands, planters, soft drink machines and ice machines. 3. Background The Municipality is authorized to enter into Encroachment Agreements pursuant to Sections 8, 9 and 10 of the Municipal Act, 2001 which further authorizes the Municipality, amongst other things, to delegate its authority and to impose fees or charges on persons for services or activities provided or done by or on behalf of it. This policy establishes the terms and conditions upon which the municipality may enter into agreements to permit certain Encroachments in, on, under or above Municipal Property. Terms and conditions of the encroachment will be set out in the Encroachment Agreement or, where temporary in nature, a permit allowing temporary access. 4. Policy The Municipality does not encourage Encroachments on Municipal Property. Applicants must satisfy to the Municipality that the need for an encroachment is reasonable/feasible as no other alternative exists, the health and safety of the public is not in jeopardy, it is in the public’s best interest and is minor in nature. When satisfied, the Municipality may, at its discretion, enter into agreements with abutting property owners for Encroachments, such as a building, structure, or outdoor boulevard café located partially or wholly on Municipal Property, subject to the criteria set out within this policy and accompanying procedures. 4.1 Guidelines for Considering Encroachments The following guidelines are used to facilitate requests for Encroachment Agreements for various situations. 226 1. Property owners may submit a request for an encroachment in, on, under or above Municipal property, for consideration by the Municipality. Requests must be made in writing and accompanied by the appropriate fee set out in the Encroachment Procedure, as amended from time to time. 2. The Municipality may enter into an Encroachment Agreement where it has been determined that the health and safety of the public is not in jeopardy, where it is in the public’s best interest and where it is minor in nature, including but not limited to such instances as: i) awnings ii) Landscaping iii) outdoor boulevard café iv) out swinging door v) paving to replace Landscaping to minimize maintenance purposes only and where no vehicular movement is permitted vi) porch or deck vii) sign (where not otherwise prohibited) viii) steps ix) Street Furniture (where not otherwise authorized) xi) wheelchair ramps and other accessibility features xii) parking areas. 3. The Municipality generally will not enter into an Encroachment Agreement where it has been determined that the health and safety risk of the public is in jeopardy, where it is not in the public’s best interest, where it is not minor in nature or other non-permitted instances including but not limited to such instances as: i) Areaway ii) Fences iii) open spaces iv) public unassumed alleys v) Refreshment Vehicle vi) Temporary Encumbrances 4. Applicants will be advised in writing of the Municipality’s decision. Requests for reconsideration of a decision may be submitted in writing to the Director of Development and Communication Services or his/her designate and must be received within 60 days of the original decision. Such requests shall include any additional information supporting the request for reconsideration. Where concerns are identified by Municipal staff or commenting agencies, those concerns may be presented to Council for direction. 227 Encroachment Procedure 1. Process Overview An owner may apply to the Department of Development and Communication Services (DCS) to request an Encroachment Agreement. The applicant is required to pay the applicable fees set out in the Rates and Fees – current charge is $1,000.00. Upon receipt of a completed application, DCS will circulate notice of the application to relevant Commenting Agencies for their review and comment. DCS will assess the application together with the comments received to determine whether the requested Encroachment should be approved within the guidelines set out below. The applicant may be required to submit a Registered Plan (R-Plan) to the satisfaction of the municipality. If approval is granted, the Owner will execute the Encroachment Agreement and the Mayor and Municipal Clerk will execute the Encroachment Agreement on behalf of the Municipality. The Encroachment Agreement is then registered on title to the Owner’s property by the Owner’s solicitor and is not discharged until the encroachment is removed, no longer exists or has been brought to an end, as determined by the municipality, regardless of any change in ownership. 2. Encroachment Agreement Application Process PROCEDURE 1. Owner to submit a complete application by mail or in person with the applicable fee (see attached). 2. Upon receipt of a complete application and applicable fee, the appropriate staff (“Staff”) will take the required steps to open the file and process the application 3. Site visit by Staff (where deemed necessary) 4. Memo which may include maps, drawings or photos is circulated to appropriate Commenting Agencies for comments 5. Comments received and additional investigation undertaken, (may include the request to obtain a R-Plan) Staff recommendations made based on the evaluation process set out in following chart: 228 Encroachment Application Evaluation Process Approve Refuse - Conforms with Encroachment Policy - Meets Municipal guidelines - Approval from Commenting Agencies - The health and safety of the public is not in jeopardy - It is not in the public’s best interest - Is not minor in nature - Negative internal or external feedback that cannot be resolved - Where concerns are identified by Municipal staff or commenting agencies, those concerns may be presented to Council for direction. 7. If the application is denied: a) Notify applicant by letter b) Inform Municipal Law Enforcement for potential enforcement 8. If the application is approved: a) Encroachment Agreement sent to applicant and/or agent to be completed by the applicant/agent or their solicitor b) A survey showing all dimensions may be required this is paid at the applicant’s expense. c) Insurance as part of the agreement an applicant may be required to obtain liability insurance that names the Town of Tillsonburg as a 3rd Party Insured on the policy. d) Staff may elect to have the encroachment agreement registered through the Land Registry system on title. e) 3 original copies of signed agreements returned to staff with cheque for the first year annual fee f) Complete memo for Municipal Clerk and have Municipal Clerk and Mayor sign the 3 originals and return to Staff g) Staff keeps one original for file h) 2 originals sent back to applicant and/or agent for solicitor to register i) Applicant’s solicitor registers agreement on title at Land Registry where one copy is retained and original agreement or notice of registration is sent to Staff j) Staff notifies Accounts Receivable of each new encroachment agreement and annual user fee to be added to the tax roll. k) If Encroachment is condition of approval from other Municipality department (i.e. Building permit, site plan approval, Community Improvement Plan Program, Committee of Adjustment) appropriate Staff are notified that the encroachment agreement is registered and condition is met l) Original is sent to Municipal Clerk for official records keeping m) File is retained in accordance with by-law retention. 229 3. Encroachment Discharge Process PROCEDURE 1. Owner submits written application requesting discharge of Encroachment and provides copy of original agreement request to the municipality. 2. Upon receipt of the request, staff will take the required steps to open the file and process the request. 3. Site visit by appropriate Municipal staff to ensure Encroachment is removed 4. Staff sends discharge to applicant and/or agent to be completed by the applicant/agent or their solicitor 5. 3 original copies of signed discharge returned to staff by applicant/agent 6. Staff completes memo for Municipal Clerk and have Municipal Clerk and Mayor sign the 3 original and return to staff 7. Staff keeps one original discharge for file 8. 2 originals sent back to applicant /agent by staff for solicitor to register with Land Registry to remove from title 9. Applicant’s solicitor retains one copy and returns an original to staff 10. Staff notifies Accounts Receivable that the Encroachment has been removed and the user fee is to be taken off the tax roll 11. The original discharge agreement is forwarded by staff to Municipal Clerk for official records keeping and a copy is retained in the Staff file 4. Outdoor Boulevard Cafe Agreement Application Process PROCEDURE 1. Applicant must have a sketch to scale with dimensions before an application for an outdoor boulevard café will be processed 2. Owner to submit a complete application by mail or in person with the applicable fee. 3. Upon receipt of complete application and appropriate fee, Staff will take the required steps to open the file and process the application 4. Site visit by Staff 5. Memo which may include maps, drawings or photos is circulated to appropriate Commenting Agencies for comments 6. Comments received and additional investigation undertaken (may include the request to obtain a R-Plan) 7. Staff recommendations made based on the evaluation process set out in the following chart: Outdoor Boulevard Café Encroachment Agreement Evaluation Process Approve Refuse - Conforms with Encroachment Policy - Meets municipal guidelines - Approval from Commenting Agencies - The health and safety of the public is not in jeopardy - It is not in the public’s best interest - Is not minor in nature 230 - Negative internal or external feedback that cannot be resolved - Where concerns are identified by Municipal staff or commenting agencies, those concerns may be presented to Council. 9. If the application is approved: a) Encroachment Agreement sent to applicant and/or agent to be completed by the applicant/agent or their solicitor b) 3 original copies of signed agreements returned to Staff c) Complete memo for Municipal Clerk and have Municipal Clerk and mayor sign the 3 originals and return to Staff d) Staff keeps one original for file e) 2 originals sent back to applicant and/or agent for solicitor to register f) Applicant’s solicitor registers agreement on title at Land Registry where one copy is retained and original agreement or notice of registration is sent to Staff g) Staff notifies Alcohol and Gaming Commission of Ontario (AGCO) where a liquor license is involved h) Staff provides applicant with a plaque to be fastened on the outside of the building authorizing use of Municipal Property i) Staff notifies Accounts Receivable of each new Encroachment Agreement to be added to the tax roll. j) If encroachment is condition of approval from other Municipal department (i.e. Building permit, site plan approval, Community Improvement Plan Program, Committee of Adjustment) appropriate Staff are notified that the encroachment agreement is registered and condition is met k) Original is sent to Municipal Clerk for safekeeping l) File is retained in accordance with the records retention by-law. 5. Outdoor Boulevard Cafe Discharge Process PROCEDURE 1. Same process as #3 – Encroachment Discharge Process 2. With the addition of: Staff notifies Alcohol and Gaming Commission of Ontario (AGCO) that the Encroachment Agreement for the Outdoor Boulevard Café has been discharged, if applicable 231 Boulevard or Municipal Lands Parking Procedure RESIDENTIAL FRONT YARD, MUNICIPAL LANDS AND BOULEVARD PARKING POLICY 1. PURPOSE OF POLICY The purpose of this policy is to set out the policy with respect to the creation of Front Yard and Boulevard Parking in the municipality. These two types of parking are allowed by the municipality only on an "exception basis", and this policy includes criteria for consideration of such exceptions, standards relating to these types of parking, an approval process, a standard form agreement and an enforcement process. Zoning or Minor Variance Exception Front yard portions of private land may be used for parking areas according to the regulations and standards set out in the Town of Tillsonburg Comprehensive Zoning By-law(s) or as a result of an approved minor variance. Combined Zoning/Minor Variance and Boulevard Parking Agreement Exception When a situation exists where the proposed parking area is partly on the owner's land and partly on the boulevard portion of the public highway, the owner must obtain both a minor variance and a boulevard parking agreement. In these cases if the Committee of Adjustment grants the minor variance it will contain a condition requiring the owner to enter into the boulevard parking agreement without a separate approval for it being required from the Council. Boulevard Parking Agreement Exception Boulevard portions of public highways may be used for parking areas with the approval of the Council and in accordance with terms and conditions set out in an agreement that is entered into between the Municipality and the owner of the property adjoining the boulevard part of the highway/street. The Municipality of the Town of Tillsonburg generally prohibits the use of the front yard or of the boulevard for the parking of motor vehicles in single detached, semi- detached, duplex, triplex or street townhouse residential areas. Exceptions to this policy may only be granted where the applicant has obtained approval for a minor variance from the Committee of Adjustment or for use of the boulevard from Council, and where such parking complies with the policies outlined herein. 2.0 DEFINITIONS “Boulevard” shall mean that portion of every road allowance within the limits of the Town of Tillsonburg that is not used as a sidewalk, driveway, travelled roadway or shoulder. 232 “Town” shall mean the geographical area of the Town of Tillsonburg. “Municipality” shall mean The Municipality of the Town of Tillsonburg. “Council” shall mean the Municipal Council of the Town of Tillsonburg. “Driveway” shall mean the physically designated area lying between the roadway and the lot line on the boulevard and between the lot line and the parking area on the lot used primarily for vehicular ingress from the roadway to the private property or for vehicular egress from the property to the roadway. “Front Yard” shall mean those lands extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot. “Owner” shall mean any property owner or his authorized agent who applies to the Municipality for permission to park on a portion of the Municipality's boulevard. “Parking Area” shall mean that area which, in whole or part uses the front yard and/or boulevard for the temporary parking of motor vehicles accessory to a permitted use. “Roadway” shall mean the part of a highway that is improved, designated or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term "Roadway" refers to any one road way separately and not to all the roadways collectively. 3.0 CRITERIA FOR CONSIDERATION OF EXCEPTIONS 3.1 Suitable Alternatives The approval of front yard or boulevard parking will not be supported by Council where a suitable alternative exists for parking entirely on the owner's property, as described in one or more of the following situations: (a) Tandem parking is available in a legal existing driveway when the land use is single detached dwellings; (b) The use of rear service lanes is possible where such lanes are accessible and in use by more than one property owner; (c) The removal of, alteration to or relocation of accessory buildings or structures, fences and landscaping will result in the accommodation of parking entirely on the owner's property; and/or (d) The side and/or rear yard of the lot can be used for a parking area, provided such parking area does not occupy more than 25% of the total lot area. 233 3.2 Criteria for Approval of an Exception The approval of a front yard or boulevard parking exception may be supported by Council where the application for an exception meets the following criteria: (a) None of the parking area alternatives described in Section 3.1 of this policy are available; (b) The parking area exception conforms to the general intent and purpose of the Official Plan policies and Zoning By-law regulations; (c) The parking area exception is generally in compliance with the purpose and intent of the Streets By-law; (d) The change to the Zoning By-law regulations for the residential parking area is minor; (e) The parking area is generally in keeping with the scale and form of parking on surrounding properties and will have minimal negative impact on existing vegetation and/or municipal services. 3.3 Front Yard and Boulevard Parking Standards The following minimum and maximum standards apply to parking area exceptions. They are intended to generally reflect the standards currently found in the Zoning By-law as they apply to parking areas for single, semi-detached, duplex, converted two (2) unit type dwellings. No parking area will be approved which conflicts with any by-laws or regulations of the Town of Tillsonburg. (a) The Parking Area length shall not be permitted parallel to the street line. (b) The Parking Area shall not be permitted closer than 1.0 m. (3.0 feet) from an existing or future public sidewalk. (c) In the case of corner properties, where a driveway would be constructed within 10 meters (30 feet) from the intersecting road allowance, approval for permission will be at the discretion of the Manager of Engineering. (d) All parking areas and driveways shall be provided and maintained with a stable surface, treated to prevent the raising of dust or loose particles, such as any asphalt, concrete or other hard-surfaced material. (e) The Municipality reserves the right to require landscaping, fencing and buffering on and around the parking area and/or to require the preparation by the owner of a site plan for the parking area. 234 4.0 EXCEPTION POSSIBILITIES 4.1 Where the parking area is entirely in the front yard of private lands, an application to the Committee of Adjustment for a minor variance to the Zoning By- law is required. No Boulevard Parking Agreement is required for part of a driveway leading to a legal on-site parking space. 4.2 When any part of the parking area can be accommodated on private lands, this too requires an application to the Committee of Adjustment for a minor variance to the applicable Zoning By-law. In addition, as a condition of minor variance approval, the owner must enter into a Standard Form Boulevard Parking Agreement with the Municipality. The final approval of the minor variance will allow the Clerk to prepare an agreement between the Municipality and the applicant without further approvals. 4.3 Where the parking area can only be accommodated entirely on the public boulevard, an application to Council, through the Department of Development and Communication services for boulevard parking is required. The Department will prepare and present a report to Council at a public meeting. Council will then recommend approval or refusal of the application to the Council for the final decision. 5.0 PROCESS FOR CONSIDERATION OF EXCEPTIONS TO FRONT YARD AND BOULEVARD PARKING The decision to grant front yard and/or boulevard parking is based on a process which includes comments from the applicant, municipal staff, neighbouring property owners, and the public. This approach recognizes the standards set out in Section 3 of this policy and the municipal zoning by-law and the possibility of unique neighbourhood expectations about the parking area. 5.1 The application fees for both a minor variance and a boulevard parking agreement are set in the Rates and Fess By-law as amended from time to time. All application fees are non-refundable. Where the exception involves a boulevard parking agreement, the applicant must also provide the Development Technician with a cheque payable to the Minister of Finance of Ontario to cover the costs for the registration of the agreement on title through a by-law instrument. 5.2 Any application for front yard and boulevard parking must include a plan prepared to scale showing the location of the buildings, trees, public utilities, landscaping, adjoining properties and building locations where possible and the dimensions of the proposed parking area. This plan must be suitable for inclusion in the Standard Form Boulevard Parking Agreement to be entered into between the owner and the Municipality. It is strongly recommended that the plan be based on a survey drawing of the property because it is the responsibility of the owner to ensure that there are no encroachments onto adjacent properties. 235 5.3 Applications that are going to the Committee of Adjustment because they require a minor variance will be circulated by the Secretary-Treasurer of the said Committee in accordance with the Regulations under the Planning Act (to various Departments, outside agencies and to all property owners within 60 meters (200 feet) of the applicant's property). Applications that are going to a public participation meeting of the Council because a boulevard parking agreement is required will also be circulated to all property owners within 60 meters (200 feet) of the applicant's property and to applicable departments. 5.4 A public meeting of either the Committee of Adjustment or of Council is normally held within 30 days of the application being received, at which the applicant and any interested surrounding property owners would be invited to comment on the appropriateness and desirability of the front yard or boulevard parking application. 5.5 For minor variance exceptions to front yard parking, the decision of the Committee of Adjustment may be appealed to the Ontario Municipal Board. For boulevard parking exception applications, the decision of Council is final and binding. 6.0 BOULEVARD PARKING AGREEMENT 6.1 The conditions of agreement will be those contained in the Standard Form Boulevard Parking Agreement adopted by City Council as amended from time to time. 6.2 When the Boulevard Parking Agreement has been fully executed by the applicant, the Clerk will prepare and submit to the Council a standard form executory by-law to authorize the execution of the Boulevard Parking Agreement by the Municipality. Upon enactment of the by-law by the Council, the Municipality will sign the Agreement after which, and subject to (1) the receipt from the applicant by the Clerk of the registration fee referred to in section 5.1 of this Policy; and (2) written advice from the Director of Development and Communication Services (i.e. Site Plan Administrator) that it is appropriate to proceed the Clerk will register the Boulevard Parking By-law and Agreement on the title of the property. The Clerk will provide the applicant with a copy of the registered by- law/agreement showing all the registration particulars. 6.3 Boulevard Parking Agreements will be without a term certain and will run with the land upon which they are registered provided the parties to the agreement are in accord, and all of the conditions of Municipality as set out in the agreement have been and are being complied with to the satisfaction of the Manager of Engineering 236 7.0 CONSTRUCTION OF THE PARKING AREA 7.1 The removal of a curb is to be done by municipal forces at the owner's expense after a curb cut permit is obtained from the Manager of Engineering. Paving, removal of trees and relocation of utilities, or any other construction work is to be arranged by the owner through the affected Department, utility or agency, at the owner's expense, on the understanding that the approval of the Manager of Engineering must be obtained before commencement of any construction work that is required. 7.2 In the event that trees or utilities must be removed or relocated, written approval must be obtained by the owner from the appropriate authority before the application will be processed. 8.0 FRONT YARD AND BOULEVARD PARKING ENFORCEMENT 8.1 Parking on the boulevard or in the front yard shall not begin: (1) In the case of parking under a boulevard parking agreement, until the Clerk has completed registration of the by-law/boulevard parking agreement instrument in the Registry Office, or (2) In the case of parking under a minor variance, until the decision of the Committee of Adjustment (or of the Ontario Municipal Board where there is an appeal) is final. 8.2 Violations of any of the provisions of any by-law with respect to front yard and boulevard parking shall be enforced at the discretion of the municipal enforcement agencies. 8.3 In situations where a decision is reached not to approve front yard or boulevard parking, the Manager of Engineering may close illegal accesses with proper curbing and restore the appearance of the area as a proper boulevard at the expense of the offending property owner. 8.4 Where no boulevard parking agreement has been finalized on the basis outlined in paragraph 6.2 of this policy, the Municipality reserves the right to erect, temporarily, any obstacles necessary to prevent the use of the boulevard for parking, and, at the same time, the Clerk may recommend to Council that the original approval for such owner's agreement to park on the boulevard be rescinded. 237 Page 1 of 8 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4019 A BY-LAW TO REGULATE AND CONTROL THE GRANTING OF ENCROCHMENTS ON HIGHWAYS AND PUBLIC LANDS WITHIN THE TOWN OF TILLSONBURG WHEREAS The Municipal Act, 2001, S.O. 2001, c.25 (hereinafter the “Municipal Act, 2001”) provides that a lower-tier municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on highways at section 11(3) 1; Culture, parks, recreation and heritage at section 11(3) 5 and Structures, including fences and signs at section 11(3) 7; AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001; AND WHEREAS section 9(1) of the Municipal Act, 2001 provides that sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable them to govern their affairs as they consider appropriate, and (b) enhance their ability to respond to municipal issues; AND WHERAS section 391(1) of the Municipal Act, 2001 states that section 11 authorizes a lower-tier municipality to impose fees or charges on persons for services or activities provided or done by the municipality; AND WHEREAS section 429 of the Municipal Act, 2001 provides that a municipality may establish fines for offences under a by-law of the municipality; AND WHEREAS section 446 of the Municipal Act, 2001 provides that a municipality may take remedial action and recover the costs of taking remedial action; AND WHEREAS The Council of The Corporation of the Town of Tillsonburg is desirous of adopting an Encroachment by-law to regulate and control the granting of Encroachments on highways and public lands; NOW THEREFORE, The Council of The Corporation of the Town of Tillsonburg herby enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known and may be cited as the “Encroachment By-law”. 2.0 DEFINITIONS 2.1 For the purpose of this by-law, “Applicant” means the Owner or Person who makes application for an Encroachment Permit or an Encroachment Agreement; “Council” means the Council of The Corporation of the Town of Tillsonburg; “County” means the County of Oxford; “Encroachment” means any type of vegetation, natural material, man-made object, or item of personal property occupying any part of a highway or public lands and shall include any aerial, surface, or subsurface Encroachments; a.“Aerial Encroachment” means an Encroachment that is located at least 30 centimeters (12 inches) above the surface of a highway or public lands; b.“Surface Encroachment” means an Encroachment that is located anywhere between the surface of a highway or public lands to a height less than 30 centimeters (12 inches) and beneath the surface of a highway or public lands to a depth of not more than 2.5 centimeters (1 inch); c.“Subsurface Encroachment” means an Encroachment that is located beneath the surface of a highway or public lands to a depth exceeding 2.5 centimeters (1 inch); “Encroachment Agreement” means an agreement required under this by-law, prepared by the Town for execution by the Town and an Owner granting authorization to erect, place, or maintain an Encroachment; “Encroachment Permit” means a permit for an Encroachment issued under the authority of this by-law; 238 Page 2 of 8 “Existing Encroachments” means any Encroachment Permits or Encroachment Agreements that are in place prior to the date of passing of this by-law; “Highway” means a common and public highway or portion of a common and public highway, and includes any street, lane, road allowance, sidewalk, bridge, trestle, viaduct or other structure that forms part of a highway and all lands between the lateral boundaries of a highway; “Manager of Engineering” means the Manager of the Engineering Department, his or her designate or, in the event of organizational changes, another employee designated by the Town; “Owner” means any person who is the registered owner of real property as described in the records of the land registry office, or owner under agreement of real property, and includes any person in actual or apparent possession of real property under a lease, license or agreement with another owner; “Person” means any individual, partnership, association, school board, firm or corporation, business entity or club, incorporated group or organization; “Personal Property” means any object or item of property other than real property; “Public Lands” means lands owned by, leased, licensed to, or under the management of the Town, and shall include but not limited to any public highway, road, street, avenue, crescent, court, drive, lane, alley, circle, cul-de-sac, sideroad, path, place, gate, line, road allowance, thoroughfare, bridge, viaduct or trestle, culvert, common or public square, public place, sidewalk, park, woodland, storm water management facility, open space, municipal golf course or cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk; “Right-of-Way” means a person’s legal right, established by usage or by contract, to pass through grounds or property owned by another person; “Town” means The Corporation of the Town of Tillsonburg; “Town Clerk” means the Town Clerk, his or her designate or, in the event of organizational change, another employee designated by the Town; “Unauthorized Encroachment” means any Encroachment not authorized by this by-law. 3.0 AUTHORITY 3.1 Council hereby delegates decision making authority to the Director of Operations with regard to the issuance or denial of municipal Encroachments under this by-law, as Council is of the opinion that the delegated powers are of a minor nature. 4.0 EXEMPTIONS 4.1 The provisions of this by-law do not apply to: (i) lawns and private entrances that comply with the requirements of the applicable Town and County by-laws regulating private entrances or that is constructed in accordance with the terms and conditions of a subdivision agreement or site plan agreement with the Town; (ii) the activities, works, and equipment of Town forces performing construction or maintenance operations on Town highways or public lands; (iii) signs authorized by any Town by-law; (iv) sandwich board signs whose placement upon a sidewalk complies with the requirements of the applicable by-law that regulates such signs, provided that the Town has no objection to the location of the sandwich board sign from a traffic, safety, or operational point of view; (v) election signs, real estate signs and other temporary signs whose placement upon a highway or public lands complies with the requirements of the applicable by-law that regulates such signs; (vi) every rural mail box upon a highway or public lands that is erected and maintained in compliance with the requirements of the Mail Receptacles Regulations under the Canada Post Corporation Act; (vii) all existing Encroachments authorized by the Town, unless the safety of the public may be affected by the Encroachment, or the Applicant wishes to alter the Encroachment in any way. 239 Page 3 of 8 5.0 GENERAL REQUIREMENTS 5.1 No person shall close, obstruct, encumber, excavate, construct, place, erect, alter or maintain any kind of Encroachment in, on, over, or under any highway or public lands without first obtaining a valid Encroachment Permit or Encroachment Agreement, as the case may be, in accordance with the provisions of this by-law. 5.2 All Encroachments that will be in place for less than one (1) year will be dealt with through the issuance of an Encroachment Permit pursuant to this by-law. 5.3 All Encroachments reoccurring on an annual basis or that will be in place for longer than one (1) year will be dealt with through the issuance of an Encroachment Agreement pursuant to this by-law. 5.4 Where an Encroachment would restrict public access over, under, or across the proposed Encroachment area, the Town, at its sole discretion, may consider providing the appropriate notification of the proposed Encroachment to the owners directly affected by the proposed Encroachment, being those owners whose properties are within 120 meters of the proposed Encroachment. 5.5 Where an existing Encroachment is deemed to affect the Town’s ability to carry out its work within the highway or public lands or where the safety of the public may be affected by the Encroachment, the Applicant may be required by the Town to modify the Encroachment and such modification shall be at the Applicant’s expense. 5.6 Where an Applicant requests an amendment to an Encroachment Permit or an Encroachment Agreement, the amendment must be in compliance with this by-law and approved by the Town, and any modification to the Encroachment shall be at the Applicant’s expense. 5.7 All permitted Encroachments shall be deemed to be with the license of the Town and such license shall not create an easement, interest or any other real property rights over any highway or public lands. ENCROACHMENT PERMITS 6.0 PROCEDURE FOR APPLICATION 6.1 An application for an Encroachment Permit shall be made to the Manager of Engineering on the prescribed form which is attached herewith and marked as Schedule “A” to this by- law. The Manager of Engineering may, from time to time, cause amendments of an administrative nature to the Encroachment Permit. 6.2 Every application for an Encroachment Permit shall include: (i) the name of the Person performing the intended work; (ii) the intended start date and duration of any such Encroachment; (iii) a brief description of the nature and purpose of the intended works; (iv) such other information, as required by the Manager of Engineering, to understand the nature of the proposed Encroachment and its impact; (v) a sketch or plan showing the location and dimensions of the Encroachment; (vi) a traffic control plan identifying all signage and traffic control devices and detour route if required to address both vehicular and pedestrian movements; (vii) liability insurance to the satisfaction of the Town naming the Town as additional insured for the duration of the Encroachment; (viii) WSIB Clearance Certificate for the duration of the Encroachment; and (ix) the non-refundable fee required under the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law, as amended (hereinafter the Rates and Fees By-law). 6.3 Complete applications must be submitted at least seven (7) business days prior to the Encroachment or any works associated with the Encroachment. 6.4 Where a utility or public service company or commission requires an Encroachment as a result of an emergency, telephone notice shall be given immediately to the Town Customer Service Centre and to the OPP and on the next working day they shall make application for an Encroachment Permit on the prescribed form. 240 Page 4 of 8 7.0 APPROVAL OF APPLICATIONS 7.1 In deciding whether to grant an Encroachment Permit, the Manger of Engineering shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 7.2 The approval of an Encroachment Permit can take up to seven (7) business days. 7.3 An Encroachment Permit shall be granted for a period not exceeding ninety (90) days and may be renewed for further periods not exceeding ninety (90) days for each renewal, up to a maximum of four (4) renewals. If additional renewals are required or the Encroachment reoccurs annually the Applicant will be required to enter into an Encroachment Agreement. 7.4 Application for renewal of an Encroachment Permit shall be made by presenting the existing permit before its expiry date, accompanied by any required fees as per the Rates and Fees By-law. 7.5 An Encroachment Permit may limit the existence of the Encroachment to a part of the day only, to specified days, or to times otherwise deemed appropriate in the circumstances by the Manager of Engineering. 7.6 An Encroachment Permit may include additional or special conditions of approval deemed appropriate in the circumstances by the Manager of Engineering. 7.7 An Encroachment Permit is not transferable. 8.0 REVOCATION 8.1 The Manager of Engineering may revoke an Encroachment Permit for non-compliance with this by-law by sending notice of revocation by registered mail to the address of the Applicant and the permit shall be considered revoked from the second day after the day of mailing the notice. 9.0 CONDITIONS 9.1 All Encroachment Permit holders shall: (i) strictly adhere to the conditions set out in this by-law and any additional or special conditions set out in the applicable Encroachment Permit. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the applicable Encroachment Permit. The Manager of Engineering or their designate may then take actions deemed necessary to reinstate the Encroachment for public safety at the Applicant’s expense; (ii) obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; (iii) request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations; (iv) release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the Encroachment, the maintenance of the Encroachment, or any other matter relating to the Encroachment; (v) have the Encroachment Permit available for inspection at all times during which the work is in progress; (vi) keep the Encroachment in a state of good repair as determined by the Town. In the event that the Applicant fails or neglects to keep the Encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the Encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent or such other time as may be mutually agreed by the Town and the Applicant, the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to be in non- compliance or constitute a safety hazard. All costs incurred by the Town to remove the Encroachment shall be recovered from the Applicant; 241 Page 5 of 8 (vii) assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in the applicable Encroachment Permit to the satisfaction of the Town; (viii) reinstate all damage, disruption, or removal of existing infrastructure as described on the applicable Encroachment Permit, and all damages related to the work activity, to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicant’s expense; (ix) provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act and Ministry of Transportation guidelines, to the satisfaction of the Town, at the location of Encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant; (x) provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant; (xi) maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance of the Encroachment to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken; (xii) not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres; and (xiii) notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required, as prescribed in subsection 6.3. ENCROACHMENT AGREEMENTS 10.0 PROCEDURE FOR APPLICATION 10.1 Application for an Encroachment Agreement shall be made to the Director of Operations by the Owner or a representative of the Owner on the prescribed form which is attached herewith and marked as Schedule ‘B’ to this by-law. The Director of Operations may, from time to time, cause amendments of an administrative nature to the Application for Encroachment Agreement form. 10.2 Every application shall include: (i) the name and contact information of the Owner and a legal description of the real property neighbouring the proposed Encroachment; (ii) a sketch showing the location and dimensions of the proposed Encroachment; (iii) a description of the proposed Encroachment including the highway or public lands encroaching upon, the intended use of the Encroachment, and estimated length of time of the Encroachment; (iv) such other information, as required by the any of the organizational units of the Town with an interest in the matter, to understand the nature of the proposed Encroachment and its impact; and (v) the non-refundable fee required under the Rates and Fees By-law. 10.3 If the Director of Operations and all other organizational units of the Town with an interest in the matter are satisfied with the application, the Owner or representative of the Owner shall then file with the Director of Operations: (i) three (3) copies of a plan certified by an Ontario Land Surveyor showing the location and dimensions of the Encroachment and of the adjacent part of the premises to which it is or will be appurtenant, and the location of all lot lines; (ii) a registerable description of the premises to which the Encroachment Agreement is or will be appurtenant; and 242 Page 6 of 8 11.0 APPROVAL OF APPLICATIONS 11.1 In deciding whether to continue with the Encroachment Agreement Application, the organizational units of the Town with an interest in the matter shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 11.2 Any of the organizational units of the Town with an interest in the matter may impose such terms and conditions to any Encroachment Agreement as deemed relevant in the circumstances. 11.3 When all the organizational units of the Town with an interest in the matter are satisfied with the application, the Owner of the premises shall enter into an Encroachment Agreement with the Town. 11.4 The Encroachment Agreement shall then be registered by the Owner/Applicant with the land registry office against the title to which the Encroachment is appurtenant at the Owner’s/Applicant’s expense and evidence of such registration shall be provided to the Director of Operations within thirty (30) days of Encroachment Agreement approval. 12.0 REVOCATION 12.1 The execution of an Encroachment Agreement in respect of an Encroachment does not create any vested right in the Owner or occupant of the premises to which the Encroachment is appurtenant, or in any other person, and the Encroachment Agreement may be revoked in accordance with the terms set out therein. 13.0 CONDITIONS 13.1 All Applicants of Encroachment Agreements shall: (i) make no alteration to the highway or public lands, including and without limitation the removal of trees or grade changes, and shall not erect any building or structures on the highway or public lands without the Town’s written permission; (ii) carry out all authorized work in a proper and professional manner so as to do as little damage or disturbance to the highway or public land infrastructure as possible. The Applicant/Owner shall repair and make good all damage and disturbance that may be caused to the highway or public land infrastructure, to the satisfaction of the Town, at the sole expense of the Applicant/Owner; (iii) maintain the Encroachment in all respects in a state of good repair, including keeping the Encroachment in a sound, neat, safe and clean condition to the satisfaction of the Town. If the Encroachment is not kept in a state of good repair, upon seven (7) business days written notice (or such shorter time as may be required in the case of an emergency or other urgent matters) to the Applicant/Owner, the Town shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Town shall be recovered from the Applicant/Owner; (iv) upon written notice from the Town, renew, repair, or maintain the surface of the highway or public lands if at any time the Town decides to renew, repair or maintain the surface of the highway or public lands upon which the Encroachment is located. If the notice is not complied with within seven (7) business days from the date that the notice is sent or such other time as may be mutually agreed upon by the Town and Applicant/Owner, the Town may renew or repair the highway or public lands at the expense of the Applicant/Owner; (v) not obstruct, hinder, or interfere with the free access to the Encroachment by any person acting on behalf of the Town, including an employee, officer, or agent of the Town; (vi) notify the Town in writing 30 days in advance of any potential transfer or sale of their property or any part thereof, together with the name and address of the potential transferee or purchaser. For clarity, in the event that the Applicant/Owner sells the property to which the Encroachment Agreement is appurtenant, the Applicant/Owner shall instruct the transferee or purchaser of the said property to submit a new Encroachment Agreement Application to the Town for the Town’s review and approval; (vii) apply for a new Encroachment Agreement pursuant to this by-law if the Encroachment is moved, altered, or changed in any manner and will remain on the highway or public lands after such movement, alteration or change; (viii) at all times release, indemnify and save harmless the Town, its Councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to legal fees on a substantial 243 Page 7 of 8 indemnity basis, damages, actions, suits, judgements, or proceedings, or any other obligations or liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the maintenance, alteration, use or any other matter or thing, directly or indirectly, relating to the Encroachment; (ix) obtain and maintain insurance to the satisfaction of the Town naming the Town as an additional insured for the duration of the Encroachment Agreement. A Certificate of Insurance evidencing the insurance coverage shall be provided to the Town prior to the Town signing the agreement and thereafter promptly on the insurance renewal date; (x) acknowledge that the Town or Owner may terminate the Encroachment Agreement on sixty (60) days written notice for any reason whatsoever. In the event of agreement termination the Owner shall remove the Encroachment on the date of termination at their expense. If the Owner fails to remove the Encroachment on the date of termination, the Town shall provide the Owner with a notice requiring the Owner to remove the Encroachment within seven (7) working days. If the Owner fails to remove the Encroachment within the seven (7) working day period, the Town shall have the right to remove the Encroachment at the expense of the Owner. (xi) restore the highway or public lands to the condition they were in prior to the date of the Encroachment Agreement or in compliance with current Town standards upon the removal of the Encroachment from the highway or public lands, at the Owner’s sole expense; and (xii) acknowledge that the Town shall have a right to terminate the agreement in the event that the Encroachment represents a danger to the safety of the public using the highway or public lands or detrimentally interferes with future improvements. Such termination shall be by written notice to the Owner. 14.0 ADMINISTRATION OF BY-LAW 14.1 The Manager of Engineering or their designate is responsible for the administration of Encroachment Permits of this by-law on behalf of the Town, including the review of applications for Encroachment Permits, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and the issuance of Encroachment Permits. 14.2 The Manager of Engineering or any other organizational unit of the Town with an interest in the matter may impose additional conditions as a requirement of obtaining or continuing to hold an Encroachment Permit, including the requirement of an Applicant to enter into an Encroachment Agreement with the Town. 14.3 The Director of Operations or their designate is responsible for the administration of Encroachment Agreements of this by-law on behalf of the Town, including the review of Encroachment Agreement Applications, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and to ensure that approved Encroachment Agreements are registered on title by the Applicant/Owner. 14.4 An Encroachment Agreement will not be issued or approved unless all organizational units of the Town with an interest in the matter are satisfied that the Encroachment will not pose a danger to the safety of persons using the highway or public lands, or interfere with the activities or adversely affect the conditions or operation of the equipment and facilities of the Town. 14.5 All Municipal By-Law Enforcement Officers with authority to enforce the by-laws of the Town are responsible for enforcing the provisions of this by-law. 15.0 OFFENCE AND PENALTY 15.1 Any person who contravenes any provisions of this by-law is guilty of an offence and, upon conviction, in addition to any other applicable penalty, is liable to a fine pursuant to s. 429 of the Municipal Act, 2001, as follows: (i) on a first conviction to a minimum fine $500 and not more than $25,000; (ii) on a subsequent conviction to a minimum fine of $500 and not more than $100,000; and (iii) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be $500, the maximum shall be $10,000 and the total of all daily fines shall be a maximum of $100,000. 15.2 Any contravention that continues for more than one day is designated as a continuing offence. 244 Page 8 of 8 15.3 An offence in respect of two or more acts or omissions shall separately constitute an offence and even if such acts or omissions are a contravention of the same provision of this by-law. 15.4 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 16.0 ORDERS AND REMEDIAL ACTIONS 16.1 Notwithstanding any other provisions in this by-law, Encroachments that exist contrary to this by-law shall be removed by the Owner thereof within two days after service of a notice from the Town advising that such Encroachment is in contravention of this by-law. Such notice shall be in writing, shall identify by the municipal address the lands upon which the Encroachment is situate and shall specify the particulars of non-compliance with this by- law. 16.2 If such Encroachment has not been removed by the owner as required herein, the Town may cause such Encroachment to be removed at the expense of the Owner and any costs incurred by the Town may be recovered in like manner as the municipal taxes on the property where the Encroachment was located pursuant to section 446 of the Municipal Act, 2001. The remedies provided for herein may be proceeded with prior to and notwithstanding that no prosecution or conviction has been obtained under Section 15 of this by-law. 17.0 SEVERABILITY 17.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that the remainder of this by-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. 18.0 COMMENCEMENT 18.1 This by-law shall come into full force and effect upon the final passing thereof. READ A FIRST AND SECOND TIME THIS DAY OF 2016. READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF 2016. MAYOR – Stephen Molnar CLERK – Donna Wilson 245 SCHEDULE “A” TO BY-LAW 4019 1. Encroachment Permit 246 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG ENCROACHMENT PERMIT 1. Applicant Information Applicant Name: Applicant is the Owner: Mailing Address: Owner Name: City, Town, Village: Province: Postal Code: Telephone No.: Fax No.: E-mail: 2. Proposed Work Information Application is to: Construct Maintain Repair Alter Remove The following works: Start Date: Permit Expiry Date (90 days max.): 3. Description of Work Crossing the Road Parallel to the Road Other (specify) Location/Address: Road Closure: Single lane Multiple lanes Full Various locations None Check all items that may be affected by the work: roadway signs curb & gutter sidewalk boulevard trees sewers none municipal drain tile or storm sewer Distance of works from centerline: Depth of work: 4. Required Prior to Approval Liability Insurance Certificate of $2,000,000 minimum coverage naming the Town as an additional insured. WSIB Clearance Certificate. Sketch/drawing of the proposed works. Traffic Control Plan showing the appropriate lane closures, detours, etc. for review and comment only, not for approval. Note: Encroachment Permits will not be processed until all of the above items are submitted at time of application 5. Declaration of Applicant I/We hereby make application to occupy the designated space for the purpose described above and agree to abide by the terms and conditions established in this application. I/We agree to assume all liability and/or costs incurred by the Town as a result of occupying the designated space and to indemnify and save harmless the Town until final approval of the works. I/We understand that the issue of a permit by the Town does not relieve the responsibility of complying with all relevant legislation and municipal by-laws. Signature of Applicant: Date: 6. Application Approval (for office use only) Approved Additional Conditions Signature: Date: Not Approved 7. Notification (for office use only) Application returned via: Email Mail Fax In Person Date: By: Signature: For Office Use Only Permit No. ACR No. Yes No Engineering Services 247 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 8. Final Inspection Approval (for office use only) Approved Not Approved Signature: Date: 9. General Conditions of Approval 1. No person shall close, construct, encumber, excavate, or maintain any kind of encroachment in, on, over, or under a highway or public lands without first obtaining a valid Encroachment Permit in accordance with By-law 4019. 2. The application must be in the name of the person or persons performing the work and not in the name of an agent or utility for whom he/she is acting. The Applicant must indicate the intended starting date and duration of occupancy at least seven (7) business days prior to commencing the work describe in the application. The Town requires 48 hours notification before commencement of the authorized works. 3. The Applicant shall strictly adhere to the conditions set out in By-law 4019 and any other special conditions set out in this application. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the Encroachment Permit. The Manger of Engineering or their designate may then take actions deemed necessary to reinstate the encroachment for public safety at the Applicants expense. 4. The Applicant shall obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; 5. The Applicant shall request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations. 6. The Applicant shall release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the encroachment, the maintenance of the encroachment, or any other matter relating to the encroachment. 7. The Encroachment Permit shall be available for inspection at all times during which the work is in progress. 8. The Applicant shall keep the encroachment in a state of good repair. In the event that the Applicant fails or neglects to keep the encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent, or such other time as may be mutually agreed upon by the Town and Applicant the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to constitute a safety hazard. All costs incurred by the Town to remove the encroachment shall be recovered from the Applicant. 9. The Applicant shall assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in this application to the satisfaction of the Town. 10. All damage, disruption, or removal of existing infrastructure as described in this application, and all damages related to the work activity shall be reinstated to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicants expense. 11. The Applicant shall provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act, Ministry of Transportation guidelines, and to the satisfaction of the Town, at the location of encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant. 12. The Applicant shall provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant. 13. The Applicant shall maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken. 14. The Applicant shall not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres. 15. The Applicant shall notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required. Engineering Services 248 SCHEDULE “B” TO BY-LAW 4019 1. Application for Encroachment Agreement 249 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG APPLICATION FOR ENCROACHMENT AGREEMENT The following items must be submitted with your application: Photos and drawings to illustrate encroachment Proof of ownership Details of any other existing encroachments affecting the subject property for which there are agreements Application Fee in accordance with the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law Please note that this application must be typed or printed in ink and completed in full. An incomplete or improperly prepared application may not be accepted and could result in processing delays. OWNER / APPLICANT INFORMATION Applicant Name(s) Street Address City / Town Postal Code Phone (Home) Phone (Work) Email Fax Owner Name(s) (if different from applicant) Preferred Method of Contact: Mail Phone Email PROPERTY INFORMATION Civic Address Geographic Township Municipal Roll # Property Identification # Concession No. Lot(s) Registered Plan No. Lot(s) Reference Plan No. Part(s) Type of Property (Commercial, Residential, Industrial, etc.) For Office Use Only Fee Enclosed: Yes No Date Application Received: 250 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 ENCROACHMENT INFORMATION Does the encroachment require a building permit? YES NO Is there an existing encroachment? YES NO If YES approximately when was the encroachment established? Does this application relate to a modification of an existing encroachment? YES NO If YES what is the modification? Municipal Road / Property encroaching upon Dimensions of encroachment X Length of time of encroachment Please provide details including measurements of any existing structures and description of encroachment. Please attach photos and/or drawings to support your description (attach a letter if insufficient space) Please describe what alternatives have been considered to avoid the encroachment and why such alternatives have been deemed unfeasible. I acknowledge and agree that the owner of the property in the event this application is approved, will be required to enter into an Encroachment Agreement with the Town and that I will be required to retain a solicitor to complete three (3) original Encroachment Agreements which will be registered against the title to the owner’s property, all of which will be at the owner’s/applicant’s expense. I further agree and acknowledge that the information contained in this application and any documentation, including agreements, reports, studies and drawings, provided in support of the application, by myself, my agents, consultants and solicitors, constitutes public information and will become part of the public record. As such, and in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, I hereby consent to the Town of Tillsonburg making this application and its supporting documentation available to the general public, including copying and disclosing the application and its supporting documentation to any third party upon their request. Signature of Owner/Applicant Dated 251 THIS ENCROACHMENT AGREEMENT made this ____ day of _____________, 2016. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the “Town”) OF THE FIRST PART - and - APPLICANT NAME (hereinafter referred to as the “Encroaching Party”) OF THE SECOND PART WHEREAS the Encroaching Party proposes to encroach on lands owned by the Town, more particularly described in Schedule “A” attached hereto (the “Town Lands”); AND WHEREAS the Encroaching Party represents that they are the registered owners of the property adjoining Town Lands, more particularly described in Schedule “B” attached hereto (the “Encroaching Party Lands”); AND WHEREAS the purpose of the Encroachment is to {DESCRIBE PURPOSE}, which shall encroach on the Town Lands, such encroachment being within Part ______ on ___R-_______ and as shown on the sketch attached hereto as Schedule “C” (the “Encroachment”); AND WHEREAS this Encroachment Agreement shall be registered on title against the Encroaching Party Lands and the Town is entitled to enforce the provisions thereof against the Encroaching Party; NOW, THEREFORE this Agreement witnesseth that in consideration of the permission granted by the Town to the Encroaching Party to encroach, the sum of TWO ($2.00) DOLLARS of lawful money of Canada now paid by the Encroaching Party to the Town, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. The Town and the Encroaching Party agree that the above recitals are true. 2. The Town hereby grants permission to the Encroaching Party, at the sole risk and expense of the Encroaching Party, to encroach upon a portion of the Town Lands. The Encroachment authorized by the Town is as shown on the drawings attached hereto as Schedule “C”. The Town and Encroaching Party acknowledge and agree that the Encroachment shall be permitted on the Town Lands subject to the terms and conditions contained herein. Page 1 of 11 252 3. Subject to earlier termination and other conditions as provided in this Agreement, this Agreement shall be effective on the date it is signed by both parties and shall continue for a period of 20 years (the “Term”). Upon the expiration of the Term, the Encroachment shall be immediately removed and the Encroaching Party shall restore the Town Lands to the condition the Town Lands were in prior to the date of the Encroachment Agreement or as directed by the Town, acting reasonably, at the Encroaching Party’s sole expense. 4. The Encroaching Party acknowledges that no representation has been made by the Town of any authority to grant privilege to use and maintain the Encroachment and such use and maintenance by the Encroaching Party, its successors, permitted assigns, employees and invitees shall at all times be at the Encroaching Party’s risk. 5. The Encroaching Party shall not acquire title by possession, prescription or otherwise to the Town Lands and the Encroaching Party expressly acknowledges and agrees that the Town’s property on which the Encroachment is located is owned by the Town. 6. No alterations or improvements shall be made to the Encroachment, at any time, including, without limitation, the construction, installation, erection of any building or structure, removal of trees, grade changes or the installation of any materials without the prior and express written consent of the Town, save and except those works and installations required to maintain the Encroachment in a sound, neat and safe condition. Any alteration or improvements to which the Town has consented shall be performed and completed to the satisfaction of the Town, acting reasonably, at the sole risk and expense of the Encroaching Party. The Encroaching Party agrees that any alterations or improvements made to the Encroachment without the consent of the Town shall be immediately removed at the Encroaching Party’s sole risk and expense. 7. If the Encroachment is proposed to be moved, altered or changed in any manner during the Term of this Agreement and the Encroachment is to remain on the Town Lands after such movement, alteration or change, the Encroaching Party shall apply to the Town for a new Encroachment Agreement. 8. The Encroaching Party agrees that if the Encroachment is moved, altered or changed in any manner during the Term of this Agreement, without the express written consent of the Town, the Town shall have the right to immediately terminate this Agreement and upon termination of the Agreement the Encroachment shall be immediately removed by the Encroaching Party at the Encroaching Party’s sole risk and expense and the Encroaching Party shall repair and make good all damage and disturbance that may be caused to the Town Lands or the Town’s infrastructure, to the satisfaction of the Town, acting reasonably, at the sole expense of the Encroaching Party. 9. All Town approved work shall be carried out by the Encroaching Party in a proper and professional manner so as to do as little damage or disturbance to the Town Lands or the Town’s infrastructure as possible. The Encroaching Party shall repair and make good all damage and disturbance that may be caused to the Town Lands or the Town’s infrastructure, to the satisfaction of the Town, acting reasonably, at the sole expense of the Encroaching Party. 10. Prior to signing this Agreement, and in addition to the Encroachment Agreement fee listed in the Rates and Fees Bylaw, as amended, the Encroaching Party shall deposit with the Town Clerk, to cover the faithful performance of any works carried out on the Town Lands, a cash deposit or irrevocable letter of credit in the amount equal to 50% of the Engineer’s Estimate of said works or a minimum of $1,000, whichever is greater, which shall be returned upon completion of the works to the satisfaction of the Town, acting reasonably. Page 2 of 11 253 11. The Encroachment shall be maintained in all respects in a state of good repair by the Encroaching Party, including keeping the Encroachment in a sound, neat, safe and clean condition to the satisfaction of the Town. If the Encroachment is not kept in a state of good repair, upon seven (7) business days written notice to the Encroaching Party (or such shorter time as may be required in the case of an emergency or other urgent matters or as otherwise provided herein), the Town shall have the right to do any work necessary to fulfil this condition and all costs incurred by the Town shall be recovered from the Encroaching Party. 12. If at any time the Town decides to renew or repair the surface of the Town Lands upon which the Encroachment is located, the Encroaching Party, upon written notice, shall carry out such renewal or repairs to the surface of the Town Lands. If the notice is not complied with within seven (7) business days from the date that the notice is sent or such other time as may be mutually agreed to by the Town and the Encroaching Party, the Town may renew or repair the Town Lands at the expense of the Encroaching Party. 13. The Encroaching Party shall not obstruct, hinder or interfere with the free access to the Encroachment by any person acting on behalf of the Town, including an employee, officer or agent of the Town. 14. If the Encroaching Party defaults on any term, covenant, provision, requirement, or obligation of this Agreement and if such default continues for seven (7) business days after the Encroaching Party receives notice of such default by the Town (or such shorter time as may be required in the cases of an emergency situation being one which the Town reasonably considers to pose an imminent risk to the safety of any persons or property or other urgent matters or as otherwise provided for herein) , the Town shall have the right to undertake the completion of such work as the Town deems reasonably necessary at the expense of the Encroaching Party and the Town may terminate this Agreement. Any waiver by the Town of any breach by the Encroaching Party or any provision of this Agreement shall be without prejudice to the exercise by the Town of all or any of its rights or remedies in respect of any continuance or repetition of such breach. 15. In the event that the Town is required to carry out any works in respect to services located in or abutting the Town Lands, the Encroachment represents a danger to the safety of the public using the Town Lands, encroaches on the rights of others to use the Town Lands, or detrimentally interferes with future improvements, the Encroaching Party and Town acknowledge that the Town shall have the right to terminate this Agreement. Such termination shall be by written notice to the Encroaching Party, except in the case of emergency. In the case of emergency, the Encroachment Agreement may be terminated forthwith by the Town. 16. The Town and Encroaching Party may terminate this Agreement on sixty (60) days written notice for any reason whatsoever. 17. The Town shall be entitled to terminate this Agreement: a) Forthwith upon failure of the Encroaching Party to operate in accordance with all applicable laws and in accordance with the terms of this Agreement, provided the Encroaching Party has not, within seven (7) business days of receiving written notice from the Town, rectified any such non-compliance; or Page 3 of 11 254 b) Upon seven (7) business days’ written notice in the event the Town requires all or any portion of the Town Lands that are subject to the Encroachment as granted under this Agreement for municipal purpose(s) and it is not reasonably practical for the Encroaching Party to continue using the Town Lands concurrently with said municipal purpose(s). 18. In the event this Agreement is terminated, the Encroaching Party shall remove the Encroachment on the date of termination. If the Encroaching Party fails to remove the Encroachment on the date of termination, the Town shall provide the Encroaching Party written notice requiring the Encroaching Party to remove the Encroachment within seven (7) business days. If the Encroaching Party fails to remove the Encroachment within the seven (7) business day period, the Town shall have the right to remove the Encroachment and repair and make good all damage and disturbance that may be caused by the Encroachment to the Town Lands or the Town’s infrastructure at the expense of the Encroaching Party. In the case of emergency, the Town shall have the right to remove the Encroachment forthwith on the date of termination of the Agreement at the expense of the Encroaching Party. 19. Upon the removal of the Encroachment from Town Lands, the Encroaching Party shall restore the Town Lands to the condition the Town Lands were in prior to the date of the Encroachment Agreement or as directed by the Town, acting reasonably, at the Encroaching Party’s sole expense. In the event such restoration is not completed as required herein, the Town may complete such restoration work at the expense of the Encroaching Party. 20. The Encroaching Party agrees to ensure that the Encroachment complies with all applicable laws, including relevant federal, provincial, municipal laws, rules, regulations and by-laws, subject to the terms and conditions of this Agreement. 21. The Encroaching Party, at its expense, shall arrange for, obtain and maintain insurance to the satisfaction of the Town, commencing at the start of the Term and prior to any works being carried out by or on behalf of the Encroaching Party on the Town Lands and continuing for the Term of this Agreement with an insurance company licensed to conduct business in the Province of Ontario, in accordance with the following: a) Comprehensive General Liability insurance subject to limits of not less than five million dollars ($5,000,000) per occurrence for personal injury, including death, and damage to property, including loss of use thereof and such policy or policies shall name the Town as an additional insured. b) Such insurance policy or policies shall include i. a provision of cross liability and severability of interest clause; and ii. a provision that requires the insurance company to provide the Town with thirty (30) business days’ notice of termination or cancellation of such policy or policies. c) The insurance policy or policies shall not be invalidated as respects the interest of the Town by reason of any breach or valuation on any warranties, representations, declarations or conditions. d) The insurance policy or policies shall be in full force and effect for the Term of this Agreement. Page 4 of 11 255 e) The issuance of such policy or policies of insurance shall not be construed as relieving the Encroaching Party from responsibility for other or larger claims, if any, for which it may be held responsible. f) A Certificate of Insurance evidencing the insurance coverage required shall be provided by the Encroaching Party to the Town prior to the Town signing the Agreement and thereafter promptly on the insurance renewal date. g) The insurance premium for the insurance required herein shall be prepaid for a period of not less than one (1) year. h) Both parties agree to immediately notify the other party of any occurrence, incident, or event which may reasonably be expected to expose either party to liability of any kind in relation to the Encroachment. 22. In the event the Encroaching Party fails to provide a certificate of insurance when required or upon request by the Town, pay premiums or otherwise keep such policies of insurance in force, the Town may pay premiums or take out such additional policies as it considers necessary and all sums paid for this purpose shall be at the expense of the Encroaching Party. 23. The Encroaching Party agrees to defend, indemnify and save harmless the Town, its Councillors, directors, officers, employees, agents, consultants, contractors, assigns and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to legal costs on a substantial indemnity basis, damages, actions, suits, judgments, or proceedings, or any other obligations or liabilities which at any time or from time to time may be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the maintenance, alteration, use or any other matter or thing, directly or indirectly, relating to the Encroachment. The Encroaching Party waives, as against the Town, all claims of whatever nature, where such loss, damage, expense, liability or claim arises directly or indirectly out of or is attributable to the Encroachment or the exercise by the Encroaching Party or others of the rights and privileges permitted by this Agreement. 24. The Encroaching Party grants to the Town full power and authority to settle any actions, suits, claims and demands on such terms as the Town may deem advisable and hereby covenants and agrees with the Town on demand all moneys paid by the Town in pursuance of such settlement and also such sum as shall represent the reasonable costs of the Town or its lawyers in defending or settling any such actions, suits, claims or demands and this Agreement shall not be alleged as a defence by the Encroaching Party in any action by any person of actual damage suffered by reason of the Encroachment permitted by this Agreement. 25. The Encroaching Party waives any claim against the Town for damages to the Encroachment resulting from the Town’s activities on, under, upon or within the Town Lands. 26. If the Town is compelled or elects to incur any expense in connection with the removal of part or all of the Encroachment any reasonable costs so incurred by the Town, together with all interest thereon and any damages incurred shall be payable by the Encroaching Party to the Town. Page 5 of 11 256 27. Every provision of this Agreement which requires the Encroaching Party to be responsible for the expense and/or costs or make payments to the Town shall be deemed to require the Town to provide the Encroaching Party with an invoice describing the costs and/or expenses and all said costs and/or expenses shall be paid by the Encroaching Party forthwith. Upon failure by the Encroaching Party to make said payment(s) forthwith, the Town shall have the right to recover the expense by any legal means necessary including the addition of the cost to the tax roll and to collect such expenses in like manner as municipal taxes. 28. This Agreement shall be governed by and construed and interpreted in accordance with the Laws of the Province of Ontario and the Laws of Canada. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario with respect to any matter arising under or related to this Agreement. 29. This Agreement shall be read with such changes of gender and number as the context requires and all shall be construed to be several as well as joint. 30. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. 31. This Agreement and its Schedules constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, expressed or implied, collateral, statutory or otherwise, relating to the Encroachment except as provided in this Agreement. 32. Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver, even if similar in nature, unless otherwise expressly provided. 33. This Agreement is not transferable or assignable by the Encroaching Party to any third party without the prior written consent of the Town, which consent may be unreasonably withheld. Any attempt to transfer or assign any or all of the rights, duties or obligations of this Agreement by the Encroaching Party, without the prior written consent of the Town is void. 34. The Encroaching Party shall notify the Town in writing 30 business days in advance of any potential transfer or sale of their property or any part thereof, together with the name and address of the potential transferee or purchaser. For clarity, in the event that the Encroaching Party sells the property to which the Encroachment is appurtenant, the Encroaching Party shall instruct the purchaser of the said property to submit a new Encroachment Application to the Town for the Town’s review and approval. 35. Any notice required to be given to the Town or the Encroaching Party under this Agreement shall be sufficiently given if delivered or mailed postage prepaid to the addresses below. Such notice shall be deemed to have been received on the date of its delivery or in the case of mailing, three (3) business days after it was delivered to the post office. Page 6 of 11 257 Town’s Address Town Clerk 200 Broadway St. Unit 204 Tillsonburg, Ontario N4G 5A7 Encroaching Party Address 36. The Encroaching Party and the Town hereby agree that this Agreement shall be registered on title to the Encroaching Party Lands at the Encroaching Party’s expense. The Encroaching Party and the Town shall take such further deeds, actions, and execute such further documents that may be necessary to effect such registration. 37. Execution of this Agreement shall be deemed to be authorization by all parties to legal counsel for the Town to register same in the appropriate Land Titles Office or Land Registry Office without further written authorization. 38. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. Neither party may assign all or any part of this Agreement without the written approval of the other party. 39. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 40. The Encroaching Party acknowledges: a) That it has had an adequate opportunity to read and consider this Encroachment Agreement and to obtain such legal and other advise as it considers advisable; b) That it understands the Encroachment Agreement and the consequences of signing same; and c) That it is signing the Encroachment Agreement voluntarily, without coercion and without reliance on any representation, expressed or implied by the Town. Page 7 of 11 258 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the date first written above. SIGNED, SEALED and DELIVERED ) ENCROACHING PARTY ) in the presence of ) ) ) per: Witness ) Name: POSITION TITLE ) ) ) per: Witness ) ) ) I/We have authority to bind the Corporation. ) ) ) ) THE CORPORATION OF ) THE TOWN OF TILLSONBURG ) ) per: ) Stephen Molnar, Mayor ) ) ) ) per: ) Donna Wilson, Town Clerk ) ) I/We have authority to bind the Corporation. Page 8 of 11 259 SCHEDULE “A” Legal Description of the Town Lands ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of: ____________________________________________________ PIN No. ____________-_____________ (LT) Page 9 of 11 260 SCHEDULE “B” Legal Description of the Encroach Party Lands ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of Tillsonburg in the County of Oxford, being compromised of: ____________________________________________________ PIN No. ____________-_____________ (LT) Page 10 of 11 261 SCHEDULE “C” The Encroachment Page 11 of 11 262 Report Title Results for Tender F2016-003 Roads Service Truck Report No. OPS 16-17 Author Vance Czerwinski, CRS, Manager of Public Works Meeting Type Council Meeting Council Date May 9, 2016 Attachments • None RECOMMENDATION THAT Council receive Report OPS 16-17 Results for Tender F2016-003 Roads Service Truck; AND THAT Council approves the post-tender negotiations and awards Tender F2016-003 to Oxford Dodge Chrysler Ltd. at the post-tender negotiated cost of $119,588.00 plus applicable taxes. SUMMARY As per the 2016 Operations Business Plan and in accordance with the Purchasing Policy a tender with similar specifications used in recent past was issued for the supply and delivery of a new Service Truck to replace Roads Unit #23. The tender closed on April 21st 2016 with a total of six (6) plan takers and only one (1) compliant bid received. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: 1. Oxford Dodge Chrysler Ltd. $135,897.00 The above bid excludes applicable taxes. The bid from Oxford Dodge Chrysler satisfied all tendered specifications and requirements and in accordance with section 9.10 of the tender documents, staff have negotiated pricing on several items to reduce the purchase price to 119,588.00. The estimated time of delivery from order placement is approximately 22 to 24 weeks (mid October 2016). It should be noted that the last service truck purchased in 2008 had similar specifications and Oxford Dodge Chrysler was the successful bidder at that time. It is therefore staff’s recommendation to award the tender at the post-tender negotiated price to Oxford Dodge Chrysler. FUNDING IMPACT/ FUNDING SOURCE The 2016 approved budget to replacement Roads Unit #23 is $120,000 from reserves. The recommended purchase price of $119,588 plus applicable taxes is approximately $1,700 above the 2016 approved budget. Page 1 / 1 263 Report Title Gospel In The Park Waiver Requirement Report No. RCP 16-16 Author Rick Cox Meeting Type Council Meeting Council Date May 9, 2016 Attachments • SEF-003 – Special Events Waiver Form RECOMMENDATION THAT Report RCP 16-16 – Gospel in the Park Waiver Requirement be received for information; AND THAT Council requires the applicant comply with the requirements of the Special Events Policy. EXECUTIVE SUMMARY The individuals organizing several gospel music performances in Bert Newman Park scheduled for July have requested that the Town release them from some of the requirements of the Special Events Policy, specifically the requirement to sign a waiver and the requirement to supply proof of insurance naming the Town as an Additional Insured. Staff do not recommend accommodating this request. BACKGROUND The intent of the Special Events Policy is essentially to protect the Town’s interests while assisting organizers to hold a safe and enjoyable event. The Policy contains the following: “Any group or organization wishing to use public property for any length of time for the purpose of “an event” or “an organized activity” in any manner must obtain a permit from the Town of Tillsonburg (the Town).” A permit is issued once the required documentation is provided. Town staff are in place to assist event organizers with understanding what is required. Events come in all sizes, and the requirements of the Special Event Application scale up and down depending on the complexity of the proposed event. Regardless of the size of the special event, proof of insurance and a signed waiver are required. Since the Policy was implemented in 2014, all event organizers have complied with the requirements. The individuals organizing gospel music performances at Bert Newman Park for 2016 are not prepared to provide proof of insurance or sign the waiver, although they did sign the waiver for the 2015 event. Town staff is working with Frank Cowan Insurance to implement an affordable and convenient solution for event insurance that will be in place for the July 2016 Page 1 / 2 RCP 16-16 - Gospel in the Park Waiver Re 264 events. However, signing the waiver remains mandatory. The organizers have asked Council to release them from signing the waiver. CONSULTATION/COMMUNICATION The Town’s insurance company recommends that the Town requires proof of insurance coverage naming the Town as an Additional Insured and a waiver be in place for all booked events. FINANCIAL IMPACT/FUNDING SOURCE Not enforcing the insurance and waiver components of the Policy puts the Town at risk for bearing the full cost of any liability arising from the event. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Performances in local parks support the CSP Strategic Goals 4.1 (“Promote Tillsonburg as a unique and welcoming community”) and 4.2 (“Provide a variety of leisure and cultural opportunities to suit all interests”). Page 2 / 2 RCP 16-16 - Gospel in the Park Waiver Re 265 Special Event Waiver/Indemnification Form SE-003 Special Event Waiver/Indemnification Form The Corporation of the Town of Tillsonburg assumes no responsibility for any damage to, or loss of, any property of Applicant/Organizer or any of its participants, volunteers, agents, vendors or contractors at or in connection with the Event. The Applicant/Organizer of the approved Special Event, for which a permit has been applied for, agrees that the Corporation of the Town of Tillsonburg (the ‘Town’), its elected officials, employees, officers or agents will not be held liable for any injury, loss, damages or expenses (including attorney fees), however caused, which the Town may incur or suffer, directly or indirectly, resulting from the granting of this permission for use of Town owned property or from actual use of this property. The Applicant/Organizer agrees that none of the rights or authorities contracted for herein may be transferred to any other person(s) or entity whatsoever without the expressed written consent of the Town. The Applicant/Organizer acknowledges and accepts that the Town is committed to providing a Healthy and Safe work environment for its employees and for those who contract work or participate in activities on the property or in the facilities of the Town. This commitment applies to this contract. The Applicant/Organizer (or contractor, exhibitor, vendor etc.) shall abide by the Occupational Health and Safety Act and Regulations and any work guidelines provided by the Town or any other Authority and agree that the Town’s employees may intervene at any time to insure adherence to such regulations and guidelines. The Applicant/Organizer hereby indemnifies, defends and holds harmless the Town, its elected officials, employees, officers or agents (collectively “Indemnified Parties”) from any and all actions or claims made against any of the above, and against loss, damages, liability, judgments, costs or expenses of any nature whatsoever, which may be incurred or be put to by the Indemnified Parties resulting from or arising out of any act or omission on the part of the Applicant/Organizer. This indemnity will continue to be in full force and effect notwithstanding that the Special Event has been completed. Date of Application: ___________________________________________________________ Name of Applicant: ___________________________________________________________ Organization: ___________________________________________________________ Name of Event: ___________________________________________________________ Date(s) of Event: ___________________________________________________________ Signature of Applicant: ___________________________________________________________ Position: ___________________________________________________________ 266 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4010 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-21’ the zone symbol of the lands so designated ‘SC-21’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: “14.5.21 LOCATION: EAST SIDE OF BROADWAY, LOT 7, PLAN 1033, SC-21 (Key Map 9) 14.5.21.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-21 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 14.1; a medical centre. 14.5.21.2 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 9th day of May, 2016. READ a third time and finally passed this 9th day of May, 2016. Mayor 267 The Corporation of the Town of Tillsonburg By-law Number 4010 Page 2 Clerk 268 L O T 6 L O T 8 P L A N 1 0 3 3 N37°39'00"W 36.58N37°39'00"W 36.58N52°21'00"E 64.92 N52°21'00"E 64.92 BROADWAYL O T 7 SCHEDULE "A" LOT 7, PLAN 1033 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-21 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. _______________, PASSED THE 9th DAY OF MAY, 2016 TO BY-LAW No. © 5 0 5 10 152.5 METRES NW ANGLELOT 7, PLAN 1033 Þ4010 269 ZN 7-16-01 TOWN OF TILLSONBURG BY-LAW NUMBER 4010 EXPLANATORY NOTE The purpose of By-Law Number 4010 is to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-21)’ to permit a medical centre as an additional permitted use on the subject lands. The subject property is legally described as Lot 7, Plan 1033, Town of Tillsonburg. The subject property is located on the east side of Broadway, lying between Devonshire Avenue and North Street. The lands are municipally known as 584 Broadway, Tillsonburg. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4010. The public hearing was held on March 29, 2016. Any person wishing further information relative to Zoning By-Law Number 4010 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-01 (Tilldent Holdings Ltd.) Report No: 2016-52 270 NORTH S T E W OODCOCKDRTANAGERD R OWL DR ALLENST NORT H S T W LAMERS CRTBEL M O N T A V E PHEASANTCRTNORTHERNLANEPARKDRCAROLINA ST FALCONRDMOOSEST BROOK S I D E L A N E BROADWAYPARK P L WINDEME RE AV E CARDINALCRTVANCE DRROBINRDHUNTER CR ES WRE NCRT KEY MAP LANDS TO WHICH BYLAW 4010 APPLIES © 50 0 50 100 15025 METRES 271 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 4015 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2016. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2016, and endorsed by resolution, January 25th, 2016, raising the following amounts from realty taxation be adopted: A) A general municipal levy of $13,468,500 . B) A special levy for core area parking of $139,200 C) A special levy for the Business Improvement Area of $118,000 2) That the tax rates hereby adopted for each class for the year 2016, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 25, 2016 SECOND INSTALMENT Thursday, October 27, 2016 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2016 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2016, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes 272 levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5) That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2016 shall be charged on the first day of each calendar month thereafter in which default continues. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 9th DAY OF MAY, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF MAY, 2016. ____________________________________ Mayor – Stephen Molnar ____________________________________ Clerk – Donna Wilson 273 TOWN OF TILLSONBURG Schedule "A " to By-Law 4014 2016 TAX RATES TOTAL BASE RTC/RT Q GENERAL COUNTY SEWERS EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00723432 0.00416631 0.00023795 0.00188000 0.01351858 0.00118948 0.01470806 MT MULTI-RESIDENTIAL 0.01982204 0.01141569 0.00065198 0.00188000 0.03376971 0.00325917 0.03702888 CT COMMERCIAL 0.01375823 0.00792349 0.00045253 0.01400000 0.03613425 0.00226215 0.00192130 0.04031770 XT COMMERCIAL NEW CONSTRUCTION 0.01375823 0.00792349 0.00045253 0.01180000 0.03393425 0.00226215 0.00192130 0.03811770 CU VACANT UNITS/EXCESS LAND 0.00963076 0.00554644 0.00031677 0.00980000 0.02529397 0.00158351 0.00134491 0.02822239 CX VACANT LAND 0.00963076 0.00554644 0.00031677 0.00980000 0.02529397 0.00158351 0.00134491 0.02822239 XU COM'L NEW CONST. - EXCESS LAND 0.00963076 0.00554644 0.00031677 0.00826000 0.02375397 0.02375397 IT INDUSTRIAL 0.01902626 0.01095740 0.00062581 0.01500000 0.04560947 0.04560947 JT INDUSTRIAL NEW CONSTRUCTION 0.01902626 0.01095740 0.00062581 0.01180000 0.04240947 0.04240947 IU VACANT UNITS/EXCESS LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 IX VACANT LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 LT LARGE INDUSTRIAL 0.01902626 0.01095740 0.00062581 0.01500000 0.04560947 0.04560947 LU VACANT UNITS/EXCESS LAND 0.01236707 0.00712231 0.00040678 0.00975000 0.02964616 0.02964616 PT PIPELINES 0.00911018 0.00524663 0.00029965 0.01046182 0.02511828 0.02511828 FT FARMLAND 0.00180858 0.00104158 0.00005949 0.00047000 0.00337965 0.00337965 R1 FARMLAND DEV PH 1 0.00325544 0.00187484 0.00010708 0.00084600 0.00608336 0.00608336 274 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4016 A BY-LAW to amend Schedule A of By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend Schedule A – of By-Law 3876; BE IT THEREFORE ENACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1.THAT Schedule A of By-Law 3876 Committee Structure be amended as attached hereto; 2.THAT these amendments to By-Law 3876 are hereby declared to be part of that By-Law as if written therein; 3.THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 9th day of May, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 9th day of May, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 275 By-Law 4016 to Schedule “A” to Amend By-Law 3876 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Accessibility Advisory Committee Mike Cerna Robert Doerr Helen Lamos Margaret McCrimmon Michael Kadey Scot Richardson Peter Staley The mandate of the Accessibility Advisory Committee is to fulfill the duties of a Municipal Accessibility Advisory Committee, as outlined in the Accessibility for Ontarians with Disabilities Act, 2005 and to provide advice to Council on programs, policies and services provided to persons with disabilities and seniors. 7 members 1 Staff 1 Councillor Councillor Stephenson Deputy Clerk Airport Advisory Committee Rick Lee Richard Van Maele Geoffrey Lee Donna Scanlan Euclid Benoit Andre Brisson Henry Atkinson Jeremy Stockmans John Prno Mel Getty Councillor Valerie Durston (South-West Oxford) To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg Regional Airport. The Airport Advisory Committee will provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan, strategic initiatives and operational improvements. The Committee will also provide a forum for dialogue, communication and education. Councillor Rosehart Development Commissioner Last revised May 9, 2016 276 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Cultural Advisory Committee Erin Getty Josiane DeCloet Deb Beard Ann Loker 2 vacancies To advise Council on matters, issues and policies pertaining to tourism, cultural events and festivals and to actively encourage partnerships. To develop and obtain Council endorsements of sub-committees when necessary to establish events such as Turtlefest, Airshows, Tillsonburg Christmas Festival, etc. To develop relationships for coordinating events with local service groups, BIA, Chamber of Commerce, Station Arts Centre and sports groups. 6 members 1 Staff 1 Councillor Councillor Stephenson Culture & Heritage Manager Development Committee Lisa Gilvesy Steve Spanjers Randy Thornton John Veldman Andrew Burns Paul DeCloet Ashton Nembhard Kirby Heckford Lindsay Morgan – Real Estate Rep Cedric Tomico - BIA Rep Jesse Goossens – Chamber Rep Deb Gilvesy Mel Getty To advise and assist in the promotion of development within the Town. To develop alliances and partnerships to advance the Town’s strategic plan and to assist in the overall community growth within the Town. 10 members 1 BIA Rep 1 Chamber Rep 1 Real Estate Rep 2 Staff 1 Councillor Councillor Hayes CAO Development Commissioner Last revised May 9, 2016 277 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Heritage, Beautification and Cemetery Committee Paul DeCloet Sue Saelens Marion Smith Janet Wilkinson Robert Marsden Ken Butcher Charlie Baldwin Paul Wareing Christine Nagy Matthew Fenn Maurice Verhoeve To advise and make recommendations to Council on all matters with respect to architectural and historical significance, beautification of public spaces, including trees, and Tillsonburg cemeteries. To advise Council of new and relevant legislation and funding initiatives; to make recommendations and assist with the development of education programs; and to liaise with the community and other organizations to promote Tillsonburg heritage, beautification and cemeteries. 9 members 1 Staff 1 Councillor Councillor Esseltine Facilities Manager Museum Advisory Committee Dianne MacKeigan Robert Marsden Mary Lou Sergeant Helen Lamos 2 vacancies To research, collect, preserve, exhibit and promote the Tillsonburg Museum. To make recommendations to Council on policies and procedures pertaining to the museum. To work with the Tillsonburg Historical Society regarding trusts for restoration and artifact purchases. 6 members 1 staff 1 Councillor Councillor Rosehart Culture & Heritage Manager Last revised May 9, 2016 278 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Parks and Recreation Advisory Committee Donna Scanlan Bob McCormick Donald Baxter Dace Zvanitajs Mike Cerna Mel Getty James Payne Susan Labanich Paul DeCloet Brent Hosler Susie Wray Craig Cole To advise Council and make recommendations on the programming and utilization of Parks, Trails, Green Space and Recreational facilities within Tillsonburg. To help implement the Community Parks, Recreation & Cultural Strategic Master Plan. To develop and obtain Council endorsements of sub-committees when necessary to deal with Trails, Tillsonburg Wall of Fame, etc. 12 members 2 staff 1 Councillor Councillor Esseltine Recreation Programs Services Manager Special Awards Committee Ann Loker Mary Anne VanGeertruyde Sam Lamb Matt Scholtz To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. Councillor Stephenson Town Clerk or Designate Last revised May 9, 2016 279 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Tillsonburg Non Profit Housing Corporation Robert Hurley Evenly Fritz Ron Gasparetto Joyce Hanson Geraldine Brisebois John Stanbridge Terry Pierce Carolyn Hicks Roderick Van Riesen Councillor Adam n/a Last revised May 9, 2016 280 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4017 A BY-LAW to adopt the Delegation of Powers and Duties Policy. WHEREAS Section 270 (1) of the Municipal Act, S.O. 2001, c. 25, provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties. AND WHEREAS Section 23.1 (1) of the Act further provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. AND WHEREAS the Council of the Corporation of the Town of Tillsonburg wishes to delegate powers which are considered minor in nature, subject to specified criteria, to municipal employees; NOW THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg Delegation of Powers and Duties Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 9th day of May, 2016. Read a Third and Final Time and passed this _____day of_________, 2016. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson 281 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 Approval Date Revision Date Schedules A. POLICY STATEMENT The purpose of this policy is to establish provisions for the delegation of the powers and duties of Council. Previously, Council could delegate administrative matters only, but now a municipality’s authority to delegate has been broadened to include legislative and quasi-judicial powers that have traditionally been held by Council alone. This will help streamline Council’s decision-making process by enabling it to focus on larger issues as well as enhance community engagement regarding specifically defined local issues. The Council of the Town of Tillsonburg is directly accountable for all municipal powers and duties as legislated under the Municipal Act, 2001 or any other Act and at the same time recognizes that the delegation of powers and duties may provide for improved efficiencies, the utilization of a particular expertise or enhanced engagement. In determining any delegation of its powers and duties, Council shall abide by the legislative restrictions and shall also ensure that such delegation will be accomplished maintaining the principles of accountability and transparency. 1.0 Legislative Authority 1.1 Section 270 (1) of the Municipal Act, S.O. 2001, c. 25, provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties. 1.2 Section 23.1 (1) of the Act further provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 1.3 Section 23.2 of the Act restricts the delegation of legislative and quasi-judicial powers to powers under “this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed”. Page 1 / 11 2-006 Delegation 282 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 2.0 For the purposes of this Policy 2.1 “Act” shall mean the Municipal Act, S.O. 2001, c. 25. 2.2 “Officer” shall mean an employee of the Town holding some position of responsibility or authority. 2.3 “Administrative Powers” shall mean those powers that a natural person could delegate and that relate to the management of the municipal corporation. 2.4 “Legislative Powers” shall mean those powers that require policy setting and by-law making. 2.5 “Quasi-Judicial Powers” shall mean those powers that require judgement and decision making. These decisions are based less on policy and procedure, and more on the adjudication of individual rights and duties. 2.6 “Town” shall mean the Corporation of the Town of Tillsonburg. 3.0 Powers that cannot be Delegated 3.1 Section 23.3 (1) of the Act sets out the specific circumstances in which a municipality cannot delegate its powers or duties as follows: a) appointing or removing officers of the municipality whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) imposing taxes; c) incorporating corporations; d) adopting or amending the official plan; e) passing zoning by-laws; f) passing bonusing by-laws related to small businesses operating or proposing to operate in the municipality or bonusing by-laws related to the provision of municipal capital facilities; g) adopting community improvement plans which include bonusing arrangements; Page 2 / 11 283 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 h) adopting or amending the municipal budget; and i) other powers or duties as prescribed. 4.0 Restrictions Regarding Delegation of Legislative and Quasi-Judicial Powers 4.1 Legislative and quasi-judicial powers may only be delegated to the following: a) one or more members of Council or a committee of Council; b) a body having at least two members of whom at least 50 per cent are members of Council and/or Council appointees; or c) an individual who is an officer, employee or agent of the Town, but only if the power delegated is of a minor nature. 5.0 Scope of Power 5.1 All delegations of Council powers, duties or functions shall be effected by by-law. 5.2 Unless a power, duty or function of Council has been expressly delegated by by-law, all of the powers, duties and functions of Council remain with Council. 5.3 A delegation may be restricted or revoked at any time without notice unless the delegation by-law specifically limits Council’s power to restrict or revoke the delegation. This limitation to Council’s power shall not extend beyond the term of the current council and will not restrict the power of succeeding councils to revoke the delegation. 5.4 A delegation may provide that only the delegate can exercise the delegated power or that both Council and the delegate can exercise the power jointly. 5.5 Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including such conditions, approvals and appeals as Council considers appropriate. 5.6 Council has the authority to establish an appeal body to hear appeals or review decisions made under a delegated power as per Section 284.1 of the Act. This includes the power to determine procedures, powers and rules of those conducting the appeal. Page 3 / 11 284 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 5.7 Unless specifically authorized by statute or regulation, any delegation of Council decision- making powers and duties to any Board or Committee of Council shall be authorized by by-law. Such delegated powers and duties, if any, shall be set out in the terms of reference adopted by Council pursuant to the Town’s Procedure By-law. 6.0 Authorization of Expenditures 6.1 Council has the ultimate authority for all expenditures. Council delegates this authority through the authorization of budgets, the purchasing policy or by specific resolution. 6.2 The Purchasing Policy sets out the authority for Procurement and sets purchase limits. It also provides direction on the circumstances in which certain purchasing mechanisms are appropriate (i.e. informal quotes, written quotes, tender submissions or requests for proposal). 7.0 Authority to Execute Agreements 7.1 Despite Section 5 (3) of the Act, Section 23.1 (3) provides that Council may require that the delegate act by by-law, resolution or otherwise. 7.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize a Director to enter into an agreement and shall authorize the Director and the CAO to legally bind the Corporation by jointly executing said agreement without by-law approval if the following criteria are met: a) the subject matter is non-financial; b) the subject matter is financial or procured in accordance with the purchasing policy and for which approved operating or capital budget exists; c) the subject matter is of an administrative or operational nature and relates to the management of the municipal corporation; and d) the agreement is for a term not exceeding five (5) years. Page 4 / 11 285 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 8.0 Chief Administrative Officer and Director of Operations 8.1 Planning Agreements 8.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 8.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 Section 30, 41, 50, 51 and 53 to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the CAO and the Director of Operations to execute on behalf of the Corporation of the Town of Tillsonburg: a) community improvement plan agreements; b) development agreements for the purpose of site plan control; c) part lot control agreements; d) severance agreements; e) easement agreements; f) pre-servicing agreements; and g) subdivision agreements. 9.0 Chief Administrative Officer (CAO) 9.1 Site Plan Control (By-Law 3513) 9.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Site Plan Control, this policy shall authorize the CAO and the County Development Planner to: a) sign final site plans for the purpose of indicating that final approval has been granted by the approval authority and is acceptable for registration purposes; b) grant extensions of site plan approval; and c) change the conditions of site plan approved plans and draft approved site plans. Page 5 / 11 286 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 9.2 Appeal of Planning Decisions to the Ontario Municipal Board 9.2.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 to delegate certain powers and duties to staff, and for the purpose of lodging appeals prior to the end of an appeal period for a planning application, this policy shall authorize the CAO, in consultation with the County Development Planner to appeal the decision of a planning application on the basis of sound planning reasons, subject to the appeal being confirmed by Council at the following Council session. 9.3 Minor Sign Variances - Sign By-Law 3798 9.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 9.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Minor Sign Variances, this policy shall authorize the CAO or his/her designate to consider minor sign variances applications with regard to: a) Special circumstances or conditions applying to the property, building or use; b) Pre-existing special circumstances or conditions not created by the owner; c) Sign will detrimentally alter the character of the building, property or area; and d) The general intent and purpose of the Sign By-law is maintained. 9.3.2 Whereas applications that are considered not to be minor in nature will be considered by Town Council and any minor variance applications at the discretion of the CAO to be determined not to be minor in nature will be considered by Town Council for final decision. 9.3 Restricted Acts after Nomination Day (By-Law 3444) 9.3.1 In the event that Council becomes “lame duck” and restricted by the provisions of Section 275 of the Municipal Act, 2001 in an election year, the following duties shall hereby be delegated to the CAO: Page 6 / 11 287 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 a) the appointment or removal from office of any officer of the municipality, except officers whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) the hiring or dismissal of any employee of the municipality; c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, if the disposition was not included in the most recent budget; and d) making any expenditure or incurring any other liability which exceeds $50,000, if the liability was not included in the most recent budget. 9.3.2 Section 275 (6) provides that nothing in the Act “prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day”. 10.0 Town Clerk 10.1 Municipal Freedom of Information and Protection of Privacy Act (By-Law 2535) 10.1.1 Section 3 (1) of the Municipal Freedom of Information and Protection of Privacy Act, 2001, R.S.O. 1990 provides that the members of the council of a municipality may by by-law designate from among themselves an individual or a committee of the council to act as head of the municipality for the purposes of the Act. 10.1.2 Section 49 (1) of the Municipal Freedom of Information and Protection of Privacy Act further provides that a head may in writing delegate a power or duty granted or vested in the head to an officer of the institution. 10.1.3 Whereas it is desirable and expedient in the conduct of Council’s affairs to designate a head for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and to delegate certain powers and duties vested in the head to an officer of the corporation, this policy shall designate the Mayor as head and shall authorize the Town Clerk or his/her designate to act as head pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Page 7 / 11 288 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 10.2 Records Retention (By-Law 3933) 10.2.1 Whereas Section 255 (3) of the Municipal Act 2001 provides that a municipality may, subject to the approval of the municipal auditor, establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved. 10.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to establish or amend retention periods for the records of the Corporation of the Town of Tillsonburg, subject to the approval of the municipal auditor. 10.3 Licensing of Businesses with the Town of Tillsonburg (By-Law 3666) 10.3.1 Whereas Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality. 10.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to act as Licensing Officer for the purpose of issuing a Business License pursuant to the terms and conditions set out in the current By-Law to govern the licensing of businesses within the Corporation of the Town of Tillsonburg. 10.4 Municipal Significant Events 10.4.1 Whereas the Alcohol and Gaming Commission of Ontario (AGCO) Regulation 389/91 requires that an organization that is not a registered Charity Organization or does not have a not for profit organization designation, they must by designated as a ‘municipal significant event” by the municipality in order to obtain a Special Occasion Permit (SOP). 10.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to provide the designation for the purpose of obtaining a Special Occasion Permit from the AGCO. Page 8 / 11 289 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 11.0 Director of Operations 11.1 Encroachment on Municipal Land (Policy Aug 12, 2013 Council Resolution) 11.1.1 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect of encroachments on Municipal land to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the Director of Operations and the Chief Administrative Officer (CAO) to approve and jointly execute on behalf of the Corporation of the Town of Tillsonburg encroachment agreements for the purpose of allowing certain encroachments on town owned land for a determined period of time. In addition, The Director of Operations or his/her designate shall be authorized to approve temporary encroachment permits on municipal land for a short period of time. 11.2 Temporary Road Closures 11.2.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to temporarily close a road or any part of it under the jurisdiction of the Town for any period. 11.2.2 Such a temporary road closure is appropriate in the following circumstances: a) during construction, repair or improvement of the road or any works under, over, along, across or upon it, where the construction, repair or improvement is initiated either by the Town or a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway OR where it is privately initiated by other than a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway but only for a period not exceeding 21 days; b) where, in the opinion of the Director of Operations or his/her designate, environmental factors such as, but not limited to, flooding of the road, erosion of the roadbed, trees or tree limbs fallen across or along the road, or other material lying or being upon the road, would present a hazard to the traveling public; c) to facilitate a social, recreational, community, athletic, or cinematographic event, or any combination of them where the organization requesting the event accepts the responsibility for establishing suitable detour roads, erection and removal of barricades and signs, maintenance and restoration of detour roads and all associated costs, provide $5,000,000.00 liability Page 9 / 11 290 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 insurance naming the Town as an additional insured, and holds the Town harmless from any action or cause or style of action; or d) to facilitate the movement of an oversized load. 11.3 Environmental Approvals 10.3.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to sign applications for environmental approvals under the Ontario Water Resources Act, R.S.O. 1990, as amended and the Environmental Protection Act, R.S.O. 1990, as amended. 11.4 Construction Zone Designations 11.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone in accordance with subsection 128(8.1) of the Highway Traffic Act, R.S.O. 1990, for the purpose of reducing the maximum rate of speed. 12.0 Chief Building Official 12.1 Prohibit and Regulate the Fortification to Land (By-Law 4006) 12.1.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.1.2 Whereas The Corporation of the Town of Tillsonburg (the “Town”) deems it to be in the interest of public health, safety and well-being to regulate fortification and protective elements with respect to land, and particularly to ensure that such fortification and protective elements do not hinder the lawful access to and egress from land, building and structures by law enforcement officers, emergency services personnel and the public; 12.1.3. Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to the Chief Building Official or his or her designates pursuant to Part I of the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, to consider, grant and refuse exemptions under the “Fortification By-Law” since the exemptions provided for would be limited to particular properties and limited in their impact on the duties of law enforcement officers and emergency services personnel. Page 10 / 11 291 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 12.2 License, Regulate and Govern Taxicabs(By-Law 2995) 12.2.1 Whereas Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides, among other things, that the council of a local municipality may pass By-Laws for licensing, regulating and governing owners and drivers of taxicabs and accessible taxicabs used for hire or any class or classes thereof. 12.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Chief Building Official or his/her designate to act as Licensing Officer for the purpose of issuing a Taxicab License pursuant to the terms and conditions set out in the current By-Law to Provide for the Licensing, Regulating and Governing of Owners and Drivers of Accessible Taxicabs and Taxicabs Used for Hire within the Town. 12.3 Conditional Building Permit Agreements (Council Resolution Sept. 28, 2015) 12.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.3.2 Whereas the Building code Act, Section 8(3) authorizes Chief Building Officials at his or her discretion, to issue or not to issue a conditional permit for any stage of construction even though all the requirements to obtain a permit have not been met. 12.3.3 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Building Code Act, to delegate certain powers and duties to the Chief Building Official for the purpose of expediting the execution of conditional building permit agreements, this policy shall authorize the Chief Building Official to execute on behalf of the Corporation of the Town of Tillsonburg such agreements. 13.0 General 13.1 Where any of the delegated powers set out in this Policy are contested the matter shall be considered in accordance with Section 5.6. 13.2 This policy shall be reviewed periodically as deemed appropriate by the Chief Administrative Officer. Page 11 / 11 292 Page 1 of 8 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4019 A BY-LAW TO REGULATE AND CONTROL THE GRANTING OF ENCROCHMENTS ON HIGHWAYS AND PUBLIC LANDS WITHIN THE TOWN OF TILLSONBURG WHEREAS The Municipal Act, 2001, S.O. 2001, c.25 (hereinafter the “Municipal Act, 2001”) provides that a lower-tier municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on highways at section 11(3) 1; Culture, parks, recreation and heritage at section 11(3) 5 and Structures, including fences and signs at section 11(3) 7; AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001; AND WHEREAS section 9(1) of the Municipal Act, 2001 provides that sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable them to govern their affairs as they consider appropriate, and (b) enhance their ability to respond to municipal issues; AND WHERAS section 391(1) of the Municipal Act, 2001 states that section 11 authorizes a lower-tier municipality to impose fees or charges on persons for services or activities provided or done by the municipality; AND WHEREAS section 429 of the Municipal Act, 2001 provides that a municipality may establish fines for offences under a by-law of the municipality; AND WHEREAS section 446 of the Municipal Act, 2001 provides that a municipality may take remedial action and recover the costs of taking remedial action; AND WHEREAS The Council of The Corporation of the Town of Tillsonburg is desirous of adopting an Encroachment by-law to regulate and control the granting of Encroachments on highways and public lands; NOW THEREFORE, The Council of The Corporation of the Town of Tillsonburg herby enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known and may be cited as the “Encroachment By-law”. 2.0 DEFINITIONS 2.1 For the purpose of this by-law, “Applicant” means the Owner or Person who makes application for an Encroachment Permit or an Encroachment Agreement; “Council” means the Council of The Corporation of the Town of Tillsonburg; “County” means the County of Oxford; “Encroachment” means any type of vegetation, natural material, man-made object, or item of personal property occupying any part of a highway or public lands and shall include any aerial, surface, or subsurface Encroachments; a.“Aerial Encroachment” means an Encroachment that is located at least 30 centimeters (12 inches) above the surface of a highway or public lands; b.“Surface Encroachment” means an Encroachment that is located anywhere between the surface of a highway or public lands to a height less than 30 centimeters (12 inches) and beneath the surface of a highway or public lands to a depth of not more than 2.5 centimeters (1 inch); c.“Subsurface Encroachment” means an Encroachment that is located beneath the surface of a highway or public lands to a depth exceeding 2.5 centimeters (1 inch); “Encroachment Agreement” means an agreement required under this by-law, prepared by the Town for execution by the Town and an Owner granting authorization to erect, place, or maintain an Encroachment; “Encroachment Permit” means a permit for an Encroachment issued under the authority of this by-law; 293 Page 2 of 8 “Existing Encroachments” means any Encroachment Permits or Encroachment Agreements that are in place prior to the date of passing of this by-law; “Highway” means a common and public highway or portion of a common and public highway, and includes any street, lane, road allowance, sidewalk, bridge, trestle, viaduct or other structure that forms part of a highway and all lands between the lateral boundaries of a highway; “Manager of Engineering” means the Manager of the Engineering Department, his or her designate or, in the event of organizational changes, another employee designated by the Town; “Owner” means any person who is the registered owner of real property as described in the records of the land registry office, or owner under agreement of real property, and includes any person in actual or apparent possession of real property under a lease, license or agreement with another owner; “Person” means any individual, partnership, association, school board, firm or corporation, business entity or club, incorporated group or organization; “Personal Property” means any object or item of property other than real property; “Public Lands” means lands owned by, leased, licensed to, or under the management of the Town, and shall include but not limited to any public highway, road, street, avenue, crescent, court, drive, lane, alley, circle, cul-de-sac, sideroad, path, place, gate, line, road allowance, thoroughfare, bridge, viaduct or trestle, culvert, common or public square, public place, sidewalk, park, woodland, storm water management facility, open space, municipal golf course or cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk; “Right-of-Way” means a person’s legal right, established by usage or by contract, to pass through grounds or property owned by another person; “Town” means The Corporation of the Town of Tillsonburg; “Town Clerk” means the Town Clerk, his or her designate or, in the event of organizational change, another employee designated by the Town; “Unauthorized Encroachment” means any Encroachment not authorized by this by-law. 3.0 AUTHORITY 3.1 Council hereby delegates decision making authority to the Director of Operations with regard to the issuance or denial of municipal Encroachments under this by-law, as Council is of the opinion that the delegated powers are of a minor nature. 4.0 EXEMPTIONS 4.1 The provisions of this by-law do not apply to: (i) lawns and private entrances that comply with the requirements of the applicable Town and County by-laws regulating private entrances or that is constructed in accordance with the terms and conditions of a subdivision agreement or site plan agreement with the Town; (ii) the activities, works, and equipment of Town forces performing construction or maintenance operations on Town highways or public lands; (iii) signs authorized by any Town by-law; (iv) sandwich board signs whose placement upon a sidewalk complies with the requirements of the applicable by-law that regulates such signs, provided that the Town has no objection to the location of the sandwich board sign from a traffic, safety, or operational point of view; (v) election signs, real estate signs and other temporary signs whose placement upon a highway or public lands complies with the requirements of the applicable by-law that regulates such signs; (vi) every rural mail box upon a highway or public lands that is erected and maintained in compliance with the requirements of the Mail Receptacles Regulations under the Canada Post Corporation Act; (vii) all existing Encroachments authorized by the Town, unless the safety of the public may be affected by the Encroachment, or the Applicant wishes to alter the Encroachment in any way. 294 Page 3 of 8 5.0 GENERAL REQUIREMENTS 5.1 No person shall close, obstruct, encumber, excavate, construct, place, erect, alter or maintain any kind of Encroachment in, on, over, or under any highway or public lands without first obtaining a valid Encroachment Permit or Encroachment Agreement, as the case may be, in accordance with the provisions of this by-law. 5.2 All Encroachments that will be in place for less than one (1) year will be dealt with through the issuance of an Encroachment Permit pursuant to this by-law. 5.3 All Encroachments reoccurring on an annual basis or that will be in place for longer than one (1) year will be dealt with through the issuance of an Encroachment Agreement pursuant to this by-law. 5.4 Where an Encroachment would restrict public access over, under, or across the proposed Encroachment area, the Town, at its sole discretion, may consider providing the appropriate notification of the proposed Encroachment to the owners directly affected by the proposed Encroachment, being those owners whose properties are within 120 meters of the proposed Encroachment. 5.5 Where an existing Encroachment is deemed to affect the Town’s ability to carry out its work within the highway or public lands or where the safety of the public may be affected by the Encroachment, the Applicant may be required by the Town to modify the Encroachment and such modification shall be at the Applicant’s expense. 5.6 Where an Applicant requests an amendment to an Encroachment Permit or an Encroachment Agreement, the amendment must be in compliance with this by-law and approved by the Town, and any modification to the Encroachment shall be at the Applicant’s expense. 5.7 All permitted Encroachments shall be deemed to be with the license of the Town and such license shall not create an easement, interest or any other real property rights over any highway or public lands. ENCROACHMENT PERMITS 6.0 PROCEDURE FOR APPLICATION 6.1 An application for an Encroachment Permit shall be made to the Manager of Engineering on the prescribed form which is attached herewith and marked as Schedule “A” to this by- law. The Manager of Engineering may, from time to time, cause amendments of an administrative nature to the Encroachment Permit. 6.2 Every application for an Encroachment Permit shall include: (i) the name of the Person performing the intended work; (ii) the intended start date and duration of any such Encroachment; (iii) a brief description of the nature and purpose of the intended works; (iv) such other information, as required by the Manager of Engineering, to understand the nature of the proposed Encroachment and its impact; (v) a sketch or plan showing the location and dimensions of the Encroachment; (vi) a traffic control plan identifying all signage and traffic control devices and detour route if required to address both vehicular and pedestrian movements; (vii) liability insurance to the satisfaction of the Town naming the Town as additional insured for the duration of the Encroachment; (viii) WSIB Clearance Certificate for the duration of the Encroachment; and (ix) the non-refundable fee required under the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law, as amended (hereinafter the Rates and Fees By-law). 6.3 Complete applications must be submitted at least seven (7) business days prior to the Encroachment or any works associated with the Encroachment. 6.4 Where a utility or public service company or commission requires an Encroachment as a result of an emergency, telephone notice shall be given immediately to the Town Customer Service Centre and to the OPP and on the next working day they shall make application for an Encroachment Permit on the prescribed form. 295 Page 4 of 8 7.0 APPROVAL OF APPLICATIONS 7.1 In deciding whether to grant an Encroachment Permit, the Manger of Engineering shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 7.2 The approval of an Encroachment Permit can take up to seven (7) business days. 7.3 An Encroachment Permit shall be granted for a period not exceeding ninety (90) days and may be renewed for further periods not exceeding ninety (90) days for each renewal, up to a maximum of four (4) renewals. If additional renewals are required or the Encroachment reoccurs annually the Applicant will be required to enter into an Encroachment Agreement. 7.4 Application for renewal of an Encroachment Permit shall be made by presenting the existing permit before its expiry date, accompanied by any required fees as per the Rates and Fees By-law. 7.5 An Encroachment Permit may limit the existence of the Encroachment to a part of the day only, to specified days, or to times otherwise deemed appropriate in the circumstances by the Manager of Engineering. 7.6 An Encroachment Permit may include additional or special conditions of approval deemed appropriate in the circumstances by the Manager of Engineering. 7.7 An Encroachment Permit is not transferable. 8.0 REVOCATION 8.1 The Manager of Engineering may revoke an Encroachment Permit for non-compliance with this by-law by sending notice of revocation by registered mail to the address of the Applicant and the permit shall be considered revoked from the second day after the day of mailing the notice. 9.0 CONDITIONS 9.1 All Encroachment Permit holders shall: (i) strictly adhere to the conditions set out in this by-law and any additional or special conditions set out in the applicable Encroachment Permit. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the applicable Encroachment Permit. The Manager of Engineering or their designate may then take actions deemed necessary to reinstate the Encroachment for public safety at the Applicant’s expense; (ii) obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; (iii) request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations; (iv) release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the Encroachment, the maintenance of the Encroachment, or any other matter relating to the Encroachment; (v) have the Encroachment Permit available for inspection at all times during which the work is in progress; (vi) keep the Encroachment in a state of good repair as determined by the Town. In the event that the Applicant fails or neglects to keep the Encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the Encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent or such other time as may be mutually agreed by the Town and the Applicant, the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to be in non- compliance or constitute a safety hazard. All costs incurred by the Town to remove the Encroachment shall be recovered from the Applicant; 296 Page 5 of 8 (vii) assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in the applicable Encroachment Permit to the satisfaction of the Town; (viii) reinstate all damage, disruption, or removal of existing infrastructure as described on the applicable Encroachment Permit, and all damages related to the work activity, to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicant’s expense; (ix) provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act and Ministry of Transportation guidelines, to the satisfaction of the Town, at the location of Encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant; (x) provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant; (xi) maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance of the Encroachment to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken; (xii) not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres; and (xiii) notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required, as prescribed in subsection 6.3. ENCROACHMENT AGREEMENTS 10.0 PROCEDURE FOR APPLICATION 10.1 Application for an Encroachment Agreement shall be made to the Director of Operations by the Owner or a representative of the Owner on the prescribed form which is attached herewith and marked as Schedule ‘B’ to this by-law. The Director of Operations may, from time to time, cause amendments of an administrative nature to the Application for Encroachment Agreement form. 10.2 Every application shall include: (i) the name and contact information of the Owner and a legal description of the real property neighbouring the proposed Encroachment; (ii) a sketch showing the location and dimensions of the proposed Encroachment; (iii) a description of the proposed Encroachment including the highway or public lands encroaching upon, the intended use of the Encroachment, and estimated length of time of the Encroachment; (iv) such other information, as required by the any of the organizational units of the Town with an interest in the matter, to understand the nature of the proposed Encroachment and its impact; and (v) the non-refundable fee required under the Rates and Fees By-law. 10.3 If the Director of Operations and all other organizational units of the Town with an interest in the matter are satisfied with the application, the Owner or representative of the Owner shall then file with the Director of Operations: (i) three (3) copies of a plan certified by an Ontario Land Surveyor showing the location and dimensions of the Encroachment and of the adjacent part of the premises to which it is or will be appurtenant, and the location of all lot lines; (ii) a registerable description of the premises to which the Encroachment Agreement is or will be appurtenant; and 297 Page 6 of 8 11.0 APPROVAL OF APPLICATIONS 11.1 In deciding whether to continue with the Encroachment Agreement Application, the organizational units of the Town with an interest in the matter shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 11.2 Any of the organizational units of the Town with an interest in the matter may impose such terms and conditions to any Encroachment Agreement as deemed relevant in the circumstances. 11.3 When all the organizational units of the Town with an interest in the matter are satisfied with the application, the Owner of the premises shall enter into an Encroachment Agreement with the Town. 11.4 The Encroachment Agreement shall then be registered by the Owner/Applicant with the land registry office against the title to which the Encroachment is appurtenant at the Owner’s/Applicant’s expense and evidence of such registration shall be provided to the Director of Operations within thirty (30) days of Encroachment Agreement approval. 12.0 REVOCATION 12.1 The execution of an Encroachment Agreement in respect of an Encroachment does not create any vested right in the Owner or occupant of the premises to which the Encroachment is appurtenant, or in any other person, and the Encroachment Agreement may be revoked in accordance with the terms set out therein. 13.0 CONDITIONS 13.1 All Applicants of Encroachment Agreements shall: (i) make no alteration to the highway or public lands, including and without limitation the removal of trees or grade changes, and shall not erect any building or structures on the highway or public lands without the Town’s written permission; (ii) carry out all authorized work in a proper and professional manner so as to do as little damage or disturbance to the highway or public land infrastructure as possible. The Applicant/Owner shall repair and make good all damage and disturbance that may be caused to the highway or public land infrastructure, to the satisfaction of the Town, at the sole expense of the Applicant/Owner; (iii) maintain the Encroachment in all respects in a state of good repair, including keeping the Encroachment in a sound, neat, safe and clean condition to the satisfaction of the Town. If the Encroachment is not kept in a state of good repair, upon seven (7) business days written notice (or such shorter time as may be required in the case of an emergency or other urgent matters) to the Applicant/Owner, the Town shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Town shall be recovered from the Applicant/Owner; (iv) upon written notice from the Town, renew, repair, or maintain the surface of the highway or public lands if at any time the Town decides to renew, repair or maintain the surface of the highway or public lands upon which the Encroachment is located. If the notice is not complied with within seven (7) business days from the date that the notice is sent or such other time as may be mutually agreed upon by the Town and Applicant/Owner, the Town may renew or repair the highway or public lands at the expense of the Applicant/Owner; (v) not obstruct, hinder, or interfere with the free access to the Encroachment by any person acting on behalf of the Town, including an employee, officer, or agent of the Town; (vi) notify the Town in writing 30 days in advance of any potential transfer or sale of their property or any part thereof, together with the name and address of the potential transferee or purchaser. For clarity, in the event that the Applicant/Owner sells the property to which the Encroachment Agreement is appurtenant, the Applicant/Owner shall instruct the transferee or purchaser of the said property to submit a new Encroachment Agreement Application to the Town for the Town’s review and approval; (vii) apply for a new Encroachment Agreement pursuant to this by-law if the Encroachment is moved, altered, or changed in any manner and will remain on the highway or public lands after such movement, alteration or change; (viii) at all times release, indemnify and save harmless the Town, its Councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to legal fees on a substantial 298 Page 7 of 8 indemnity basis, damages, actions, suits, judgements, or proceedings, or any other obligations or liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the maintenance, alteration, use or any other matter or thing, directly or indirectly, relating to the Encroachment; (ix) obtain and maintain insurance to the satisfaction of the Town naming the Town as an additional insured for the duration of the Encroachment Agreement. A Certificate of Insurance evidencing the insurance coverage shall be provided to the Town prior to the Town signing the agreement and thereafter promptly on the insurance renewal date; (x) acknowledge that the Town or Owner may terminate the Encroachment Agreement on sixty (60) days written notice for any reason whatsoever. In the event of agreement termination the Owner shall remove the Encroachment on the date of termination at their expense. If the Owner fails to remove the Encroachment on the date of termination, the Town shall provide the Owner with a notice requiring the Owner to remove the Encroachment within seven (7) working days. If the Owner fails to remove the Encroachment within the seven (7) working day period, the Town shall have the right to remove the Encroachment at the expense of the Owner. (xi) restore the highway or public lands to the condition they were in prior to the date of the Encroachment Agreement or in compliance with current Town standards upon the removal of the Encroachment from the highway or public lands, at the Owner’s sole expense; and (xii) acknowledge that the Town shall have a right to terminate the agreement in the event that the Encroachment represents a danger to the safety of the public using the highway or public lands or detrimentally interferes with future improvements. Such termination shall be by written notice to the Owner. 14.0 ADMINISTRATION OF BY-LAW 14.1 The Manager of Engineering or their designate is responsible for the administration of Encroachment Permits of this by-law on behalf of the Town, including the review of applications for Encroachment Permits, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and the issuance of Encroachment Permits. 14.2 The Manager of Engineering or any other organizational unit of the Town with an interest in the matter may impose additional conditions as a requirement of obtaining or continuing to hold an Encroachment Permit, including the requirement of an Applicant to enter into an Encroachment Agreement with the Town. 14.3 The Director of Operations or their designate is responsible for the administration of Encroachment Agreements of this by-law on behalf of the Town, including the review of Encroachment Agreement Applications, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and to ensure that approved Encroachment Agreements are registered on title by the Applicant/Owner. 14.4 An Encroachment Agreement will not be issued or approved unless all organizational units of the Town with an interest in the matter are satisfied that the Encroachment will not pose a danger to the safety of persons using the highway or public lands, or interfere with the activities or adversely affect the conditions or operation of the equipment and facilities of the Town. 14.5 All Municipal By-Law Enforcement Officers with authority to enforce the by-laws of the Town are responsible for enforcing the provisions of this by-law. 15.0 OFFENCE AND PENALTY 15.1 Any person who contravenes any provisions of this by-law is guilty of an offence and, upon conviction, in addition to any other applicable penalty, is liable to a fine pursuant to s. 429 of the Municipal Act, 2001, as follows: (i) on a first conviction to a minimum fine $500 and not more than $25,000; (ii) on a subsequent conviction to a minimum fine of $500 and not more than $100,000; and (iii) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be $500, the maximum shall be $10,000 and the total of all daily fines shall be a maximum of $100,000. 15.2 Any contravention that continues for more than one day is designated as a continuing offence. 299 Page 8 of 8 15.3 An offence in respect of two or more acts or omissions shall separately constitute an offence and even if such acts or omissions are a contravention of the same provision of this by-law. 15.4 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 16.0 ORDERS AND REMEDIAL ACTIONS 16.1 Notwithstanding any other provisions in this by-law, Encroachments that exist contrary to this by-law shall be removed by the Owner thereof within two days after service of a notice from the Town advising that such Encroachment is in contravention of this by-law. Such notice shall be in writing, shall identify by the municipal address the lands upon which the Encroachment is situate and shall specify the particulars of non-compliance with this by- law. 16.2 If such Encroachment has not been removed by the owner as required herein, the Town may cause such Encroachment to be removed at the expense of the Owner and any costs incurred by the Town may be recovered in like manner as the municipal taxes on the property where the Encroachment was located pursuant to section 446 of the Municipal Act, 2001. The remedies provided for herein may be proceeded with prior to and notwithstanding that no prosecution or conviction has been obtained under Section 15 of this by-law. 17.0 SEVERABILITY 17.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that the remainder of this by-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. 18.0 COMMENCEMENT 18.1 This by-law shall come into full force and effect upon the final passing thereof. READ A FIRST AND SECOND TIME THIS DAY OF 2016. READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF 2016. MAYOR – Stephen Molnar CLERK – Donna Wilson 300 SCHEDULE “A” TO BY-LAW 4019 1. Encroachment Permit 301 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG ENCROACHMENT PERMIT 1. Applicant Information Applicant Name: Applicant is the Owner: Mailing Address: Owner Name: City, Town, Village: Province: Postal Code: Telephone No.: Fax No.: E-mail: 2. Proposed Work Information Application is to: Construct Maintain Repair Alter Remove The following works: Start Date: Permit Expiry Date (90 days max.): 3. Description of Work Crossing the Road Parallel to the Road Other (specify) Location/Address: Road Closure: Single lane Multiple lanes Full Various locations None Check all items that may be affected by the work: roadway signs curb & gutter sidewalk boulevard trees sewers none municipal drain tile or storm sewer Distance of works from centerline: Depth of work: 4. Required Prior to Approval Liability Insurance Certificate of $2,000,000 minimum coverage naming the Town as an additional insured. WSIB Clearance Certificate. Sketch/drawing of the proposed works. Traffic Control Plan showing the appropriate lane closures, detours, etc. for review and comment only, not for approval. Note: Encroachment Permits will not be processed until all of the above items are submitted at time of application 5. Declaration of Applicant I/We hereby make application to occupy the designated space for the purpose described above and agree to abide by the terms and conditions established in this application. I/We agree to assume all liability and/or costs incurred by the Town as a result of occupying the designated space and to indemnify and save harmless the Town until final approval of the works. I/We understand that the issue of a permit by the Town does not relieve the responsibility of complying with all relevant legislation and municipal by-laws. Signature of Applicant: Date: 6. Application Approval (for office use only) Approved Additional Conditions Signature: Date: Not Approved 7. Notification (for office use only) Application returned via: Email Mail Fax In Person Date: By: Signature: For Office Use Only Permit No. ACR No. Yes No Engineering Services 302 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 8. Final Inspection Approval (for office use only) Approved Not Approved Signature: Date: 9. General Conditions of Approval 1. No person shall close, construct, encumber, excavate, or maintain any kind of encroachment in, on, over, or under a highway or public lands without first obtaining a valid Encroachment Permit in accordance with By-law 4019. 2. The application must be in the name of the person or persons performing the work and not in the name of an agent or utility for whom he/she is acting. The Applicant must indicate the intended starting date and duration of occupancy at least seven (7) business days prior to commencing the work describe in the application. The Town requires 48 hours notification before commencement of the authorized works. 3. The Applicant shall strictly adhere to the conditions set out in By-law 4019 and any other special conditions set out in this application. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the Encroachment Permit. The Manger of Engineering or their designate may then take actions deemed necessary to reinstate the encroachment for public safety at the Applicants expense. 4. The Applicant shall obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; 5. The Applicant shall request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations. 6. The Applicant shall release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the encroachment, the maintenance of the encroachment, or any other matter relating to the encroachment. 7. The Encroachment Permit shall be available for inspection at all times during which the work is in progress. 8. The Applicant shall keep the encroachment in a state of good repair. In the event that the Applicant fails or neglects to keep the encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent, or such other time as may be mutually agreed upon by the Town and Applicant the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to constitute a safety hazard. All costs incurred by the Town to remove the encroachment shall be recovered from the Applicant. 9. The Applicant shall assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in this application to the satisfaction of the Town. 10. All damage, disruption, or removal of existing infrastructure as described in this application, and all damages related to the work activity shall be reinstated to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicants expense. 11. The Applicant shall provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act, Ministry of Transportation guidelines, and to the satisfaction of the Town, at the location of encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant. 12. The Applicant shall provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant. 13. The Applicant shall maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken. 14. The Applicant shall not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres. 15. The Applicant shall notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required. Engineering Services 303 SCHEDULE “B” TO BY-LAW 4019 1. Application for Encroachment Agreement 304 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG APPLICATION FOR ENCROACHMENT AGREEMENT The following items must be submitted with your application: Photos and drawings to illustrate encroachment Proof of ownership Details of any other existing encroachments affecting the subject property for which there are agreements Application Fee in accordance with the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law Please note that this application must be typed or printed in ink and completed in full. An incomplete or improperly prepared application may not be accepted and could result in processing delays. OWNER / APPLICANT INFORMATION Applicant Name(s) Street Address City / Town Postal Code Phone (Home) Phone (Work) Email Fax Owner Name(s) (if different from applicant) Preferred Method of Contact: Mail Phone Email PROPERTY INFORMATION Civic Address Geographic Township Municipal Roll # Property Identification # Concession No. Lot(s) Registered Plan No. Lot(s) Reference Plan No. Part(s) Type of Property (Commercial, Residential, Industrial, etc.) For Office Use Only Fee Enclosed: Yes No Date Application Received: 305 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 ENCROACHMENT INFORMATION Does the encroachment require a building permit? YES NO Is there an existing encroachment? YES NO If YES approximately when was the encroachment established? Does this application relate to a modification of an existing encroachment? YES NO If YES what is the modification? Municipal Road / Property encroaching upon Dimensions of encroachment X Length of time of encroachment Please provide details including measurements of any existing structures and description of encroachment. Please attach photos and/or drawings to support your description (attach a letter if insufficient space) Please describe what alternatives have been considered to avoid the encroachment and why such alternatives have been deemed unfeasible. I acknowledge and agree that the owner of the property in the event this application is approved, will be required to enter into an Encroachment Agreement with the Town and that I will be required to retain a solicitor to complete three (3) original Encroachment Agreements which will be registered against the title to the owner’s property, all of which will be at the owner’s/applicant’s expense. I further agree and acknowledge that the information contained in this application and any documentation, including agreements, reports, studies and drawings, provided in support of the application, by myself, my agents, consultants and solicitors, constitutes public information and will become part of the public record. As such, and in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, I hereby consent to the Town of Tillsonburg making this application and its supporting documentation available to the general public, including copying and disclosing the application and its supporting documentation to any third party upon their request. Signature of Owner/Applicant Dated 306 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4020 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 9th day of May, 2016 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 meeting held on May 9, 2016, 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 the 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 MAY, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF MAY, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 307