The URL can be used to link to this page

161114 Council MIN= 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 Janelle Costantino, Manager of Finance Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Jeff Smith, Fire Chief Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Closed Session Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: 1.Personal matters about an identifiable individual, including municipal or local board employees (THI). Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 14, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, November 14, 2016 - 2 - 3. Adoption of Agenda Resolution #2 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the Delegation Register; AND THAT the Agenda as prepared for the Council meeting of Monday, November 14, 2016, be adopted as amended. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of September 15, 2016 and October 24, 2016 Minutes, September 15, 2016 Minutes, October 24, 2016 Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meetings of September 15, 2016 and October 24, 2016 be approved. Carried 7. Delegations and Presentations 7.1. Senior Centre Activities Update Delegation By: Nancy Boutin, Administrator Gayle Vermeersch, President Carlton Ross, Treasurer Delegation Request Report Council extended an invitation to the Senior Centre for a member to sit on the Tillsonburg Canada 150 Committee. Council Meeting Minutes, November 14, 2016 - 3 - Resolution #4 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the delegation regarding the Senior Centre Activities Update, as information. Carried 7.2. Future Oxford Update Presentation By: Miranda Fuller, Program Director Delegation Request Presentation Presentation was deferred to the November 28, 2016 Council meeting due to a scheduling conflict. 7.3. Habitat for Humanity Presentation By: Linda Armstrong, Past CEO & Board Chair Brian Elliott, New CEO Presentation Delegation Request Habitat for Humanity is seeking a larger parcel of land in Tillsonburg for a multi-year affordable housing project. Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Habitat for Humanity presentation, as information. Carried 7.4 Draft Taxi By-Law Delegation By: Mike Christiaens, Why Wait Taxi & Delivery Mike Christiaens appeared before Council to share his concerns in regards to the draft Taxi By-Law. Council Meeting Minutes, November 14, 2016 - 4 - His concerns related to non-profit vehicle exemption under the proposed by-law; the flex route for the Group Transportation Vehicle; and additional cost of the Vehicle Fitness Report and annual inspection of natural gas/propane systems in taxi vehicles. 7.5 Draft Taxi By-Law Delegation By: Teresa McMerty, KTN Taxi Teresa McMerty appeared before Council to share her concerns in regards to the draft Taxi By-Law. Her concerns related to the proposed increased licensing fee for Taxi drivers. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Delegations regarding the draft Taxi By-Law; AND THAT the information, be forwarded to Agenda Item 11.1.1, Report DCS 16-39, Draft Taxi By-Law for deliberation. Carried 8. Public Meetings 8.1. Building Permit Fee Study Presentation By: Geno Vanhaelewyn, Chief Building Official Glenn Tunnock, Tunnock Consulting Ltd. DCS 16-38 Building Permit Fee Review Building Permit Fee Study Building Permit Fee Study - Presentation Opportunity was provided for questions and comments. Herman Sinke, Grassmere Construction appeared before council to express his concerns regarding the proposed fee structure for smaller Industrial and Commercial construction projects. The fees for commercial and industrial construction projects under the proposed Building Permit Fee structure would move to a fixed base fee. No other member of the public provided questions or comments. Council Meeting Minutes, November 14, 2016 - 5 - Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive the Town of Tillsonburg Building Permit Fee Review Study completed by Tunnock Consulting Ltd.; AND THAT staff provide a report at the December 12, 2016 Council meeting regarding the public consultation and consultants recommendations contained within the review/study. Carried 9. Delegations and Presentations 9.1 Memorial Park Diamond Relocation Delegation By: Mike Dean Mike Dean appeared before Council to express his concerns regarding the proposed Memorial Park Diamond relocation. His concerns related to the installation of lighting and fencing around the diamond and future use of the area by the Fair. Resolution #8 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Delegation regarding the Memorial Park Diamond Relocation; AND THAT the information, be forwarded to Agenda Item 11.4.3 RCP 16-38, Memorial Park Diamond Relocation for deliberation. Carried 10. Planning Applications 10.1. Site Plan Application TSPC 7-168 - 253 Broadway Presentation By: Eric Gilbert, Senior Planner – County of Oxford CASPO Report 2016-271 Report Attachments Central Area Design Study Excerpts Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2016-271 for the application for Site Plan approval. Opportunity was given for comments and questions. Council Meeting Minutes, November 14, 2016 - 6 - No member of the public appeared in support of or in opposition to the application. Council passed the following resolution: Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson That Council direct staff to approve Site Plan Application TSPC 7-168, to facilitate a 3-storey mixed use development, submitted by Rego Management Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. Carried 11. Information Items 11.1. Canadian Red Cross regarding For McMurray donations Red Cros Fort McMurray Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive item 10.1, as information. Carried Council recessed at 8:09 p.m. Council resumed at 8:15 p.m. 12. Reports from Departments 12.1. Development and Communication Services 12.1.1. DCS 16-39 Draft Taxi By-Law DCS 16-39 Draft Taxi By-Law Current Taxi By-Law 2995 Draft Taxi By-Law 4051 Licensing issued in 2016 under the current Taxi By-Law will be extended to April, 2017 to coordinate with Norfolk County’s expiration date. Staff to include a follow-up report to Council at a future meeting for consideration prior to the first reading of the By-Law. Council Meeting Minutes, November 14, 2016 - 7 - Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 16-39 Draft Taxi By-Law, as information. Carried 12.2 Recreation, Culture & Park Services 12.2.1 RCP 16-37 TCT Extension Project Work Plan Update RCP 16-37 TCT Extension Project Work Plan Update PW 2016-64 Trans Canada Trail - Revised Trail Route Work Plan Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report RCP 16-37, TCT Extension Project Work Plan Update; AND THAT pursuant to Section 12.1 of the Trans Canada Trail (TCT) Agreement between the County of Oxford and Town of Tillsonburg, Town Council approve the route change shown on Schedule “A” eliminating Oxford Road 20 and relocating this section to the former CASO Right of Way. Carried 12.2.2 RCP 16-38 – Memorial Park Diamond Relocation RCP 16-38 - Memorial Park Diamond Relocation Memorial Park CMP Working Layout Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report RCP 16-38, Memorial Park Diamond Relocation; AND THAT any endorsement, be deferred pending a supplemental staff report providing additional information as requested by Council. Carried 12.3 Finance 12.3.1 FIN 16-32 Fire Communications Infrastructure Issuance of Debt FIN16-32 Fire Communications Infrastructure Issuance of Debt Updated ARL - Fire Comm infrastructure debt - Nov 14, 2016 Council Meeting Minutes, November 14, 2016 - 8 - Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report FIN 16-32, Fire Communications Infrastructure Issuance of Debt; AND THAT Council receive the updated annual repayment limit calculation; AND THAT By-Law 4053, be brought forward for Council’s consideration. Carried 12.4 Operations 12.4.1 OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Attachment 1 - Agency Consultation Summary Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report OPS 16-30, Broadway Pedestrian Crossing Pre- Consultation Summary; AND THAT Council approve a pedestrian crossing be located at the south leg of Broadway and Glendale Drive intersection; AND THAT Paradigm Transportation Solutions Limited continue to be retained for this assignment; AND THAT the unfunded project cost of $50,000, be referred to the 2017 budget deliberations. Carried 12.4.2 OPS 16-31 Airport Comprehensive Review OPS 16-31 Airport Comprehensive Review Resolution #16 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report OPS 16-31, Airport Comprehensive Review; AND THAT Council refer the identified opportunities and infrastructure improvements outlined in report OPS 16-31 to the 2017 capital budget deliberations; Council Meeting Minutes, November 14, 2016 - 9 - AND THAT Council refer report OPS 16-31 to the Airport Advisory Committee. Carried 12.4.3 OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus Resolution #17 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report OPS 16-32, Negotiated Results for RFP 2016-002 Fire Pumper Apparatus; AND THAT Council approve the post-tender negotiations and awards RFP 2016- 002 to Darch Fire Inc. of Ayr, Ontario at a cost of $498,279.03 (net HST included); AND THAT Council authorize the re-allocation of 2016 approved debt proceeds from the Connecting Link Resurfacing project in the amount of $62,500 to fund the remaining project cost. Carried 12.4.4 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Attachment 1 - NBCF -SCF Agreement File Number SCF-0686 Resolution #18 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 16-33, New Building Canada Fund - Small Communities Fund Contribution Agreement SCF-0686; AND THAT a By-law authorizing Mayor and Clerk to execute Agreement SCF- 0686 with the Province of Ontario, be brought forward for Council’s consideration; AND THAT the Town’s portion of $350,000 be funded by debenture and included in the 2017 budget. Carried Council Meeting Minutes, November 14, 2016 - 10 - 12.4.5 OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Attachment 1 - OPS 16-06 Summary of Candidate Projects OPS 16-34 Attachment 2 - OCIF Top-Up Application Resolution #19 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report OPS 16-34, Ontario Community Infrastructure Fund Top-Up Application as information. Carried 12.5 Recreation, Culture & Park Services 12.5.1 RCP 16-35 – Rotary Clock Tower RCP 16-35 – Rotary Clock Tower Presentation by B. Clark, Rotary President Staff to ensure the clock tower bell is functional. Resolution #20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report RCP 16-35, Rotary Clock Tower; AND THAT Council direct staff to negotiate an Agreement with the Club and bring the Agreement back to Council for approval. Carried 13. Committee Minutes & Reports 13.1. Minutes, Memorial Park Revitalization Sub-Committee Minutes, October 31, 2016 13.2. Minutes, Parks & Recreation Advisory Committee Minutes, October 18, 2016 13.3. Minutes, Physician Recruitment Committee 161005 Phys MIN 13.4. Minutes, Town Hall Steering Committee 161018 Town Hall MIN Council Meeting Minutes, November 14, 2016 - 11 - 13.5. Minutes, Special Awards Committee 161005 SAC MIN Resolution #21 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Memorial Park Revitalization Sub- Committee for October 31, 2016, the Parks & Recreation Advisory Committee for October 18, 2016, the Physician Recruitment Committee for October 5, 2016, the Town Hall Steering Committee for October 18, 2016 and the Special Awards Committee for October 5, 2016, as information. Carried 13.6. Minutes, LPRCA Minutes, October 5, 2016 Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Long Point Region Conservation Authority for October 5, 2016, as information. Carried 14. Notice of Motions 15. By-Laws By-Laws from the Meeting of Monday, November 14, 2016 Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 15.1. THAT By-Law 4052, To authorize an Agreement with the Ministry of Agriculture, Food & Rural Affairs (New Building Canada Fund - Small Communities Fund Agreement); AND THAT By-Law 4053, To Authorize the Issuance of Debt for Fire Communications Infrastructure, 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 Council Meeting Minutes, November 14, 2016 - 12 - Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 15.2. THAT By-Law 4054, To confirm the proceedings of Council at its meeting held on the 14th day of November, 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 16. Items of Public Interest The Overnight Parking Ban is now in effect between 2 a.m. to 6 a.m. until March 31, 2016 to allow for winter road maintenance. 17. Adjournment Resolution #25 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Council Meeting of Monday, November 14, 2016 be adjourned at 10:13 p.m. Carried Table of Contents Agenda 3 Minutes, September 15, 2016 Minutes, September 15, 2016 12 Minutes, October 24, 2016 Minutes, October 24, 2016 16 Senior Centre Activities Update Delegation Request 29 Report 31 Future Oxford Update Delegation Request 33 Presentation 35 Habitat for Humanity Presentation 49 Delegation Request 66 Building Permit Fee Study DCS 16-38 Building Permit Fee Review 68 Building Permit Fee Study 69 Building Permit Fee Study - Presentation 115 Site Plan Application TSPC 7-168 - 253 Broadway CASPO Report 2016-271 135 Report Attachments 141 Central Area Design Study Excerpts 149 Canadian Red Cross regarding For McMurray donations Red Cros Fort McMurray 156 DCS 16-39 Draft Taxi By-Law DCS 16-39 Draft Taxi By-Law 157 Current Taxi By-Law 2995 163 Draft Taxi By-Law 4051 180 FIN 16-32 Fire Communications Infrastructure Issuance of Debt FIN16-32 Fire Communications Infrastructure Issuance of Debt 204 Updated ARL - Fire Comm infrastructure debt - Nov 14, 2016 206 OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Broadway Pedestrian Crossing Pre- Consultation Summary 207 OPS 16-30 Attachment 1 - Agency Consultation Summary 211 OPS 16-31 Airport Comprehensive Review OPS 16-31 Airport Comprehensive Review 217 OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus 1 OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus 224 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 231 OPS 16-33 Attachment 1 - NBCF -SCF Agreement File Number SCF-0686 233 OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application 279 OPS 16-34 Attachment 1 - OPS 16-06 Summary of Candidate Projects 282 OPS 16-34 Attachment 2 - OCIF Top-Up Application 284 RCP 16-35 – Rotary Clock Tower RCP 16-35 – Rotary Clock Tower 294 Presentation by B. Clark, Rotary President 296 RCP 16-37 TCT Extension Project Work Plan Update RCP 16-37 TCT Extension Project Work Plan Update 297 PW 2016-64 Trans Canada Trail - Revised Trail Route Work Plan 298 RCP 16-38 – Memorial Park Diamond Relocation RCP 16-38 - Memorial Park Diamond Relocation 303 Memorial Park CMP Working Layout 306 Minutes, Memorial Park Revitalization Sub-Committee Minutes, October 31, 2016 307 Minutes, Parks & Recreation Advisory Committee Minutes, October 18, 2016 310 Minutes, Physician Recruitment Committee 161005 Phys MIN 313 Minutes, Town Hall Steering Committee 161018 Town Hall MIN 317 Minutes, Special Awards Committee 161005 SAC MIN 319 Minutes, LPRCA Minutes, October 5, 2016 322 By-Law 4052, To authorize an Agreement with the Ministry of Agriculture, Food & Rural Affairs (New Building Canada Fund - Small Communities Fund Agreement) By-Law 4052 326 Agreement 327 By-Law 4053, To Authorize the Issuance of Debt for Fire Communications Infrasturcture Bylaw 4053 issuance of debt 11142016 - Fire Comm Infrastructure - $86760 373 By-Law 4054, To confirm the proceedings of Council By-Law 4054 375 2 = 1. Call to Order 2. Closed Session Proposed Resolution #1 Moved By: Seconded By: THAT Council move into Closed Session to consider: 1. Personal matters about an identifiable individual, including municipal or local board employees (THI). 3. Adoption of Agenda Proposed Resolution #2 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, November 14, 2016, be adopted. 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meetings of September 15, 2016 and October 24, 2016 Minutes, September 15, 2016 Minutes, October 24, 2016 The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 14, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - Proposed Resolution #3 Moved By: Seconded By: THAT the Minutes of the Council Meetings of September 15, 2016 and October 24, 2016, be approved. 7. Delegations and Presentations 7.1. Senior Centre Activities Update Delegation By: Nancy Boutin, Tillsonburg Senior Centre Delegation Request Report Proposed Resolution #4 Moved By: Seconded By: THAT Council receive the delegation regarding the Senior Centre Activities Update, as information. 7.2. Future Oxford Update Presentation By: Miranda Fuller, Future Oxford Delegation Request Presentation Proposed Resolution #5 Moved By: Seconded By: THAT Council receive the presentation regarding the Future Oxford Update, as information. 7.3. Habitat for Humanity Presentation By: Linda Armstrong, Habitat for Humanity Presentation Delegation Request 4 Council Meeting – Agenda - 3 - Proposed Resolution #6 Moved By: Seconded By: THAT Council receive the Habitat for Humanity presentation, as information. 8. Public Meetings 8.1. Building Permit Fee Study Presentation By: Geno Vanhaelewyn, Chief Building Official Glenn Tunnock, Tunnock Consulting Ltd. DCS 16-38 Building Permit Fee Review Building Permit Fee Study Building Permit Fee Study - Presentation Proposed Resolution #7 Moved By: Seconded By: THAT Council receive the Town of Tillsonburg Building Permit Fee Review Study completed by Tunnock Consulting Ltd.; AND THAT staff provide a report at the December 12, 2016 Council meeting regarding the public consultation and consultants recommendations contained within the review/study. 9. Planning Applications 9.1. Site Plan Application TSPC 7-168 (253 Broadway) CASPO Report 2016-271 Report Attachments Central Area Design Study Excerpts Proposed Resolution #8 Moved By: Seconded By: THAT Council direct staff to approve Site Plan Application TSPC 7-168, to facilitate a 3-storey mixed use development, submitted by Rego Management Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. 5 Council Meeting – Agenda - 4 - 10. Information Items 10.1. Canadian Red Cross regarding Fort McMurray donations Red Cross Fort McMurray Proposed Resolution #9 Moved By: Seconded By: THAT Council receive item 10.1, as information. 11. Reports from Departments 11.1. Development and Communication Services 11.1.1. DCS 16-39 Draft Taxi By-Law DCS 16-39 Draft Taxi By-Law Current Taxi By-Law 2995 Draft Taxi By-Law 4051 Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report DCS 16-39, Draft Taxi By-Law, as information. 11.2. Finance 11.2.1. FIN 16-32 Fire Communications Infrastructure Issuance of Debt FIN16-32 Fire Communications Infrastructure Issuance of Debt Updated ARL - Fire Comm infrastructure debt - Nov 14, 2016 Proposed Resolution #11 Moved By: Seconded By: THAT Council receive Report FIN 16-32, Fire Communications Infrastructure Issuance of Debt; AND THAT Council receive the updated annual repayment limit calculation; AND THAT By-Law 4053, be brought forward for Council’s consideration. 6 Council Meeting – Agenda - 5 - 11.3. Operations 11.3.1. OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Attachment 1 - Agency Consultation Summary Proposed Resolution #12 Moved By: Seconded By: THAT Council receive Report OPS 16-30, Broadway Pedestrian Crossing Pre- Consultation Summary; AND THAT Council approve a pedestrian crossing to be located at the south leg of Broadway and Glendale Drive intersection; AND THAT Paradigm Transportation Solutions Limited continue to be retained for this assignment; AND THAT the unfunded project cost of $50,000, be referred to the 2017 budget deliberations. 11.3.2. OPS 16-31 Airport Comprehensive Review OPS 16-31 Airport Comprehensive Review Proposed Resolution #13 Moved By: Seconded By: THAT Council receive Report OPS 16-31, Airport Comprehensive Review; AND THAT Council refer the identified opportunities and infrastructure improvements outlined in Report OPS 16-31 to the 2017 capital budget deliberations; AND THAT Council refer report OPS 16-31 to the Airport Advisory Committee. 11.3.3. OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report OPS 16-32, Negotiated Results for RFP 2016-002 Fire Pumper Apparatus; 7 Council Meeting – Agenda - 6 - AND THAT Council approve the post-tender negotiations and award RFP 2016- 002 to Darch Fire Inc. of Ayr, Ontario at a cost of $498,279.03 (net HST included); AND THAT Council authorize the re-allocation of 2016 approved debt proceeds from the Connecting Link Resurfacing project in the amount of $62,500 to fund the remaining project cost. 11.3.4. OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Attachment 1 - NBCF -SCF Agreement File Number SCF-0686 Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report OPS 16-33, New Building Canada Fund - Small Communities Fund Contribution Agreement SCF-0686; AND THAT a By-law authorizing the Mayor and Clerk to execute Agreement SCF-0686 with the Province of Ontario, be brought forward for Council’s consideration; AND THAT the Town’s portion of $350,000 be funded by debenture and included in the 2017 budget. 11.3.5. OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Attachment 1 - OPS 16-06 Summary of Candidate Projects OPS 16-34 Attachment 2 - OCIF Top-Up Application Proposed Resolution #16 Moved By: Seconded By: THAT Council receive Report OPS 16-34, Ontario Community Infrastructure Fund Top-Up Application, as information. 8 Council Meeting – Agenda - 7 - 11.4. Recreation, Culture & Park Services 11.4.1. RCP 16-35 – Rotary Clock Tower RCP 16-35 – Rotary Clock Tower Presentation Proposed Resolution #17 Moved By: Seconded By: THAT Council receive Report RCP 16-35, Rotary Clock Tower; AND THAT Council direct staff to negotiate an Agreement with the Club and bring the Agreement back to Council for consideration. 11.4.2. RCP 16-37 TCT Extension Project Work Plan Update RCP 16-37 TCT Extension Project Work Plan Update PW 2016-64 Trans Canada Trail - Revised Trail Route Work Plan Proposed Resolution #18 Moved By: Seconded By: THAT Council receive Report RCP 16-37, TCT Extension Project Work Plan Update; AND THAT pursuant to Section 12.1 of the Trans Canada Trail (TCT) Agreement between the County of Oxford and Town of Tillsonburg, Town Council approve the route change shown on Schedule “A” eliminating Oxford Road 20 and relocating this section to the former CASO Right of Way; 11.4.3. RCP 16-38 – Memorial Park Diamond Relocation RCP 16-38 - Memorial Park Diamond Relocation Memorial Park CMP Working Layout Proposed Resolution #19 Moved By: Seconded By: THAT Council receive Report RCP 16-38, Memorial Park Diamond Relocation; 9 Council Meeting – Agenda - 8 - AND THAT Council endorse the recommendations from the Parks & Recreation Advisory Committee with respect to the relocation of the ball diamond in the Memorial Park Revitalization Project. 12. Committee Minutes & Reports 12.1. Minutes, Memorial Park Revitalization Sub-Committee Minutes, October 31, 2016 12.2. Minutes, Parks & Recreation Advisory Committee Minutes, October 18, 2016 12.3. Minutes, Physician Recruitment Committee Minutes, October 5, 2016 12.4. Minutes, Town Hall Steering Committee Minutes, October 18, 2016 12.5. Minutes, Special Awards Committee Minutes, October 5, 2016 Proposed Resolution #20 Moved By: Seconded By: THAT Council receive the Minutes of the Memorial Park Revitalization Sub- Committee for October 31, 2016, the Parks & Recreation Advisory Committee for October 18, 2016, the Physician Recruitment Committee for October 5, 2016, the Town Hall Steering Committee for October 18, 2016 and the Special Awards Committee for October 5, 2016, as information. 12.6. Minutes, LPRCA Minutes, October 5, 2016 Proposed Resolution #21 Moved By: Seconded By: THAT Council receive the Minutes of the Long Point Region Conservation Authority for October 5, 2016, as information. 10 Council Meeting – Agenda - 9 - 13. Notice of Motions 14. By-Laws By-Laws from the Meeting of Monday, November 14, 2016 Proposed Resolution #22 Moved By: Seconded By: 14.1. THAT By-Law 4052, To authorize an Agreement with the Ministry of Agriculture, Food & Rural Affairs (New Building Canada Fund - Small Communities Fund Agreement), Agreement; AND THAT By-Law 4053, To Authorize the Issuance of Debt for Fire Communications Infrastructure, 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. Proposed Resolution #23 Moved By: Seconded By: 14.2. THAT By-Law 4054, To confirm the proceedings of Council at its meeting held on the 14th day of November, 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. 15. Items of Public Interest 16. Adjournment Proposed Resolution #24 Moved By: Seconded By: THAT the Council Meeting of Monday, November 14, 2016, be adjourned at _____ p.m. 11 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation Culture and Parks Michael Desroches, General Manager THI Jeff Smith, Fire Chief Regrets: Councillor Maxwell Adam 1. Call to Order The meeting was called to order at 12:34 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Thursday, September 15, 2016, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. The Corporation of the Town of Tillsonburg COUNCIL MEETING Thursday, September 15, 2016 12:30 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 12 Council Meeting – Agenda - 2 - 4. Council Priorities 4.1. Strategic Priorities The purpose of this session is to garner Council’s insight, perspective, and longer-term vision for the Town, and generate ideas and identify key areas of priority for the remainder of the council term, 2017 and 2018. This is a brainstorming and prioritization session in order to bring forward a strategic budget for 2017. To begin the session, a sample of potential focus areas has been identified below:  Transportation - Integrate public transit into the Town - T-GO Transit will be providing a report within the next month or so. - Staff is currently doing research to determine if Gas tax can be used for future public transportation. - Regional transportation – to allow individuals transportation to the city, London or Woodstock.  Infrastructure renewal - SCG funding application was successful - $350,000 capital infrastructure planned for Newel Road - Second stage of Riverview Broadway North Connecting Link - OCIF top up funding Councillor Rosehart joined the meeting at 1:01 p.m. - Staff will be providing Council with a report regarding the reconstruction project on North Street once they receive the report from the County of Oxford. Staff direction to draft a letter to be signed by the Mayor regarding the reconstruction project on North Street, and the timing for reconstruction and a second letter sent from the CAO regarding the timing. - Town Hall project – steering committee - Young Street property development – to determine status. - Downtown beautification - Roof repairs at the Community Centre. - Library Lane covered breezeway replacement - Customer Service Centre Building brick work needs attention - Energy Conservation - Caso Line North St. to Quarter Town Line – consideration regarding a new trail. - Tillsonburg Airport’s future. - Dog Park  Strong community - Volunteer appreciation - Branding project - New website updates - Maintain social media (facebook & twitter) 13 Council Meeting – Agenda - 3 - - Museum storage issues - Canada 150 Events - Beautification committee – community involvement – local landscapers involved in an amenity area and keep the area vibrant - Community parks projects – look at community groups to look after a park. - Maintenance and watering of beatification – cost analysis and bring the beautification element into parks. To look at staff doing this internally. - Internal grass cutting - Council requested that they be offered a few alternatives prior to vehicle RFP’s going out so that they can determine the specs prior to the document going out. - Events to celebrate community hero’s - CIA to continue.  Economic development - Industrial subdivision/Business Park to insure it is shovel ready. - Town has to invest approximately 1.1 million in the identified industrial park on highway 3. - To look at the fair market value of the land - will the cost per acre recover the costs to service the land. To do cost analysis to determine costs recovery. - Retail marketing plan – inventory of retail and retail incentives. - Attract people to live here, retain affordable housing – provide additional commercial/retail property. - Staff to provide a report to council regarding costs to develop future industrial infrastructure. - Promote lower costs for power - Hydro One is much higher than Tillsonburg. - Attract youth - Municipal Boundaries – natural areas of influence. - Economic development projects by local developers and development charges regarding change of use projects – may need to look at compensating developers for County Development Charges.  Environmental leadership - Focus on green energy – energy saving concepts. - To determine the Town representative on Energy Oxford - Sustainability Oxford – town will have to come in line with that plan to be net 0 by 2050. - MSA, MOUD, By-laws of THI review to be completed. - LED Street Lighting replacement review - Transfer station review and amend the ECA - allowable uses.  Corporate excellence - Downtown parking - Customer Service/Dispatch - Maintain transparent corporate activities - Level of service evaluation 14 Council Meeting – Agenda - 4 - Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Town staff prepare an analysis comparing the costs and benefits of town beautification work being managed and executed by Town Staff or by contracting out these services, for 2017 budget considerations. Carried Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council directs the Mayor and/or the CAO to contact the County of Oxford through correspondence regarding Tillsonburg’s concerns with delayed and outstanding infrastructure projects in the Municipality. Carried 5. By-Laws from the Council Meeting of Thursday, September 15, 2016 By-law Confirming 091516 Resolution # 2 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 6.1 THAT By-Law 4038, To Confirm the Proceedings of Council at its meeting held on the 16th day of September, 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 6. Adjournment Resolution # 3 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Thursday, September 15, 2016 be adjourned at 3:33 p.m. Carried 15 = 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 Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Terry Saelens, Deputy Fire Chief Tricia Smith, Deputy Clerk Regrets: Janelle Costantino, Manager of Finance 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, October 24, 2016, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, October 24, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 16 Council Meeting – Minutes, October 24, 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 October 11, 2016 and October 17, 2016 Minutes, October 11, 2016 Minutes, October 17, 2016 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meetings of October 11, 2016 and October 17, 2016, be approved. Carried 6. Delegations and Presentations 6.1. Volunteer Achievement Award Presentation - Betty Davies Presented By: Mayor Molnar, Special Awards Committee Councillor Stephenson, Special Awards Committee 6.2. Annual Legion Poppy Drive Presentation By: Don Burton, Tillsonburg Legion Mr. Burton presented the first poppy of the 2016 Remembrance Day Poppy Campaign to Mayor Molnar. The Remembrance Day ceremony will be held on Friday, November 11, 2016. The Silent Walk will commence at 10:15 a.m. at the Tillsonburg Legion with the Remembrance Day ceremony to follow at the cenotaph at 10:30 a.m. The Remembrance Day Banquet starts at 5:00 p.m. and tickets are available from the Legion Canteen for $15.00. 17 Council Meeting – Minutes, October 24, 2016 - 3 - 6.3. Report on Global Vision Trade Mission to China Presented By: Emma Cox Delegation request China Mission Report Emma Cox thanked Council for the Youth Leadership Grant funding. Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the delegation regarding the Report on the Global Vision Trade Mission to China, as information. Carried 6.4. Tillsonburg Junior A Hockey Team Update Delegation By: Ian Ellis, Owner/GM Delegation Request The Tillsonburg Hurricanes Hockey Club is looking for local families to billet additional players. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the delegation regarding the Tillsonburg Junior A Hockey Team Update, as information. Carried 18 Council Meeting – Minutes, October 24, 2016 - 4 - 6.5. Tillsonburg Kart Club Race Location Presentation By: Dave Chesterman, Club Spokesman President of Chesterman Farm Equipment Inc. Delegation Request Presentation Staff to review options for race site locations and provide a report to council. Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the presentation regarding the Tillsonburg Kart Club Race Location; AND THAT staff be directed to review the request and to provide a report at a future council meeting for council’s consideration. Carried 7. Planning Information 7.1. Town of Tillsonburg- Revised Community Improvement Plan CASPO 2016-251 CIP Report Draft CIP Text Appendices Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and provided a summary of the Revised Community Improvement Plan and potential incentive programs. Financial criteria would be required within the 2017 budget process to fund incentive programs. A Public Meeting regarding the proposed Community Improvement Plan is being planned for mid-November. 19 Council Meeting – Minutes, October 24, 2016 - 5 - Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report CASPO 2016-251; AND THAT staff be directed to advertise a public open house and undertake the required public consultation regarding the proposed Town of Tillsonburg Community Improvement Plan. Carried 8. Information Items 8.1. 1st Call for Nominations - OGRA Board of Directions 2017/18 First Call for Nominations Form Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive item 8.1, as information. Carried 9. Mayor 9.1. MYR 16-10, Update – County of Oxford MYR 16-10 Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report MYR 16-10, Update – County of Oxford, as information. Carried 10. Quarterly Reports 10.1. FIN16-30, Third Quarter Financial Results FIN16-30 2016 Third Quarter Financial Results Q3 Actuals - Variance 20 Council Meeting – Minutes, October 24, 2016 - 6 - Resolution #9 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive Report FIN 16-30, Third Quarter Financial Results, as information. Carried 10.2. FIN16-31, Finance Third Quarter Results FIN16-31 2016 Third Quarter Finance Department Results Resolution #10 Moved By: Councillor Stephenson Seconded By: Deputy Mayor Beres THAT Council receive Report FIN 16-31, Finance Third Quarter Results, as information. Carried 10.3. DCS 16-33, Building, Planning & By-Law Services Third Quarter Results DCS 16-33 Building, Planning & By-Law Services 2016 Third Quarter Report A Public Meeting will be held during the November 14, 2016 Council meeting in regards to new building permit fees. Resolution #11 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report DCS 16-33, Building, Planning & By-Law Services Third Quarter Results, as information. Carried 21 Council Meeting – Minutes, October 24, 2016 - 7 - 10.4. DCS 16-34, Economic Development & Marketing Third Quarter Results Report DCS 16-34 Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report DCS 16-34, Economic Development & Marketing Third Quarter Results, as information. Carried 10.5. OPS 16-29, Operations Services Third Quarter Results OPS 16-29 2016 Third Quarter Operations Services A report on the Airport will be coming to Council at the November 14, 2016 meeting. Resolution #13 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report OPS 16-29, Operations Services Third Quarter Results, as information. Carried 10.6. RCP 16-36 – Recreation, Culture & Parks Third Quarter Results RCP 16-36 - Recreation Culture and Parks 2016 Q3 Results Staff to review the Memorial Park Master Plan for options for the replacement of the dismantled basketball net. Two new street lights are planned for the southwest parking area. 22 Council Meeting – Minutes, October 24, 2016 - 8 - Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report RCP 16-36, Recreation, Culture & Parks Third Quarter Results, as information. Carried 10.7. FRS 16-09, Fire & Emergency Services Third Quarter Results FRS 16-09 Fire Q3 2016 Staff to investigate if the Town receives any reimbursement for attending medical/resuscitator calls. Resolution #15 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report FRS 16-09, Fire & Emergency Services Third Quarter Results, as information. Carried 11. Reports from Departments 11.1. Development and Communication Services 11.1.1. DCS 16-35, Offer to Purchase – 8 Hardy Avenue Report DCS 16-35 Offer to Purchase - 8 Hardy Avenue Offer to Purchase Resolution #16 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report DCS 16-35, Offer to Purchase – 8 Hardy Avenue; AND THAT a By-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to transfer the property known as Lot 598 on Plan 500, Part 1 on Plan 41R-6175, and Part 1 on Plan 41R-8912, 23 Council Meeting – Minutes, October 24, 2016 - 9 - and known municipally as 8 Hardy Avenue, to The Town of Tillsonburg Non Profit Housing Corporation; AND THAT the net proceeds, be contributed to reserves. Carried 11.1.2. DCS 16-36, Branded Merchandise Program Update Report DCS 16-36 Appendix A Staff to provide a follow-up report to council and include additional selection details. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT motion #17 be deferred. Carried Resolution #17 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 16-36, Branded Merchandise Program Update; AND THAT the RFP, be awarded to Talbot Marketing for a three-year period. Deferred 11.2. Fire and Emergency Services 11.2.1. FRS 16-08, Fire Communications Hanover FRS 16-08 Fire Communications Hanover Hanover Contract 24 Council Meeting – Minutes, October 24, 2016 - 10 - Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report FRS 16-08, Hanover Fire Communications Contract; AND THAT the capital costs incurred be debt financed with a term not to exceed five (5) years; AND THAT Council authorize the Mayor and Clerk to enter into an agreement with the Corporation of the Town of Hanover for the provision of Fire Dispatch and Communications Services; AND THAT a By-law, be brought forward for Council's consideration. Carried 12. Committee Minutes 12.1. Minutes, Cultural Advisory Committee Minutes, July 6, 2016 Minutes, October 12, 2016 12.2. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, October 6, 2016 12.3. Minutes, Town Hall Project Committee Minutes, September 19, 2016 Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT council receive the Minutes of the Cultural Advisory Committee for July 6, 2016 and October 12, 2016, the Heritage, Beautification & Cemetery Advisory Committee for October 6, 2016 and the Town Hall Project Committee for September 19, 2016, as information. Carried 25 Council Meeting – Minutes, October 24, 2016 - 11 - 12.4. Minutes, LPRCA Minutes, August 3, 2016 August 24, 2016 Resolution #20 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes from the Long Point Region Conservation Authority for August 3, 2016 and August 24, 2016, as information. Carried 13. Notice of Motions 14. Resolutions 14.1. AMO Seeks Council Resolution Clerks LTR AP AMO Seeks Council Resolutions 2016-10-06 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine Resolution #21 THAT Council supports the Association of Municipalities of Ontario (AMO) in its work to close the fiscal gap; so that all municipalities can benefit from predictable and sustainable revenue, to finance the pressing infrastructure and municipal service needs faced by all municipal governments; AND THAT a copy of this resolution, be forwarded to AMO. Carried 15. By-Laws By-Laws from the Meeting of Monday, October 24, 2016 26 Council Meeting – Minutes, October 24, 2016 - 12 - Resolution #22 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 15.1. THAT By-Law 4048, To authorize the sale of land (8 Hardy Avenue) to the Town of Tillsonburg Non-Profit Housing Corporation; AND THAT By-Law 4049, To authorize an agreement between The Corporation of the Town of Tillsonburg and The Corporation of the Town of Hanover for the provision of fire dispatch and communications services, 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 #23 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 15.2. THAT By-Law 4050, To confirm the proceedings of Council at its meeting held on the 24th day of October, 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 16. Items of Public Interest The Fall Leaf Collection Program will begin November 7, 2016 and information will be available on the Town website www.tillsonburg.ca. Fencing is in place at the Trottier woodlot for fuel wood removal. Denis Farrell will be recognized as Tillsonburg’s Favourite Son on Sunday, October 30, 2016 at The Bridges Golf Course in Tillsonburg from 2-4 p.m. The public is welcome to attend. 27 Council Meeting – Minutes, October 24, 2016 - 13 - 17. Adjournment Resolution #24 Moved By: Councillor Stephenson Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, October 24, 2016 be adjourned at 9:00 p.m. Carried 28 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:October-19-16 3:05:04 PM Hello, Please note the following response to Delegation Request Form has been submitted at Wednesday October 19th 2016 3:4 PM with reference number 2016-10-19-030. First Name Nancy Last Name Boutin Street Address 45 Hardy Avenue Town/City Tillsonburg Postal Code N4G 5M8 Phone Number 519-688-2520 E-mail nboutin.seniorcentre@hotmail.ca Website www.tillsonburgseniors.ca Do you or any members of your party require accessibility accommodations? No Council Meeting Date Monday, Nov. 14 Subject of Delegation BRIEF update on Senior Centre activities / thank-you to Town staff for 29 painting work Name(s) of Delegates and Position(s) Nancy Boutin, Administrator Carlton Ross, Treasurer Gayle Vermeersch, President Name of Group or Person(s) being represented (if applicable) Tillsonburg Senior Centre I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation The purpose of this presentation is to present Council with a brief written update on 2016 Senior Centre activities to date, and also, to bring thanks on behalf of the Board of Directors and members for recent painting that was done at the Senior Centre. Will there be a Power Point presentation? No Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Rick Cox I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 30 TILLSONBURG SENIOR CENTRE Fall, 2016 Update on Programs & Activities 31 Tillsonburg Senior Centre Tillsonburg Senior Centre UPDATE TO TOWN COUNCIL, NOVEMBER 201, BY NANCY BOUTIN, ADMINISTRATOR The Tillsonburg Senior Centre, located in the Tillsonburg Community Centre complex, is provider of social, recreational and educational programs and activities for adults age 50-plus from Tillsonburg and the surrounding area. We offer more than 30 regular activities designed to keep our members healthy and happy in body, mind and spirit. We draw members from Tillsonburg, north to Ingersoll, south to Port Burwell, and all points in between. It’s been a very busy and productive year at the Senior Centre; Various promotions designed to attract new members and to promote early dues renewal have been quite successful, and to date we have registered 121 new members for 2016. Total membership for 2016 is currently sitting at 439, a fact of which we’re very pleased and proud. In terms of changes to our facility, we’re making very good use of the new space in the Rotary Room, which was divided during a jointly-funded project in 2014. Having the Rotary Room space available has enabled us to offer many new programs such as drama, darts, Sociable Seniors, and a highly-successful chair yoga program. The Senior Centre has applied to the Oxford Community Foundation to fund creation of a mural on the south wall of the Rotary Room, and staff is working with Brett Rabb at Glendale High School to facilitate the involvement of local students in designing and executing the mural. This fall, the Senior Centre was the lucky recipient of a facelift courtesy of the community centre’s maintenance staff. During a summer shutdown, the main auditorium was repainted; In place of the institutional green that used to grace the walls is a new, warmer beige that our members and after-hours renters agree is a vast improvement. Our library and reception areas were also painted this fall, and on behalf of the Senior Centre members and Board of Directors, I’d like to extend a big thank-you to Terry Davis and his crew for making the project so seamless. Also, thanks is due to members of the Senior Centre who helped pack away and then unpack our library shelves. Adding to the fresh, clean look of our Centre of late is the addition of 80-plus new stacking chairs for our auditorium. Purchased with funds graciously donated by the Knights of Columbus through the We All Win lottery, as well as through Special Grant funding through the Elderly Persons Centres of Ontario (EPC), we were able to purchase more than 80 plush, vinyl stacking chairs. All who use them agree that not only are they more comfortable, they are much more visually-pleasing as well. We hope to obtain funding to purchase more chairs in the not-too-distant future. The fact of which we’re most proud as an organization, however, is that although we were projecting to end 2016 with a deficit of more than $9,000, we are currently sitting more than $9,000 in the BLACK. Although we still have the last quarter to complete, we’ve managed to secure our financial position through careful monitoring of expenses, the addition of new and different fundraising initiatives, and the creation of new programs like chair yoga, Sociable Seniors, drama, cooking classes, Scrabble, and – on the not-too-distant horizon – PEPPER. Rest assured staff will continue to monitor our financial position closely as the year winds down, which will help us as we prepare for the 2017 budget year. With the possibility of grant funds through the Canada 150 Fund making a kitchen renovation a possibility, any surplus we might be fortunate enough to secure will be put to good use in 2017. On that note, meetings are already underway to set our budget for next year, and the plan is to have that document finalized by the last Board meeting in December. We welcome the Mayor and members of Council to drop by and see us anytime. We’re open M-F, 8:30 Page 1 32 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:September-27-16 2:09:04 PM Hello, Please note the following response to Delegation Request Form has been submitted at Tuesday September 27th 2016 2:8 PM with reference number 2016-09-27-016. First Name Miranda Last Name Fuller Street Address 21 Reeve St. Town/City Woodstock Postal Code N4S 7Y3 Phone Number 519-852-8609 E-mail mfuller@futureoxford.ca Website www.futureoxford.ca Do you or any members of your party require accessibility accommodations? No Council Meeting Date November 14, 2016 Subject of Delegation Update Council on Future Oxford 33 Name(s) of Delegates and Position(s) Miranda Fuller, Program Director Name of Group or Person(s) being represented (if applicable) Future Oxford I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Update Council on Future Oxford's achievements from this past year, presenting the short and long term strategic plan going forward and personally inviting them to join us at Future Oxford’s Second Expo, happening in 2017. Will there be a Power Point presentation? Yes Have you been in contact with a Staff member regarding the Delegation topic? No I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 34 A YEAR AT A GLANCE 2015 –2016 October 26, 2016 35 OVERVIEW §2015/2016 recap §Website and communication §Looking ahead §Expo 2017 36 2016 RECAP §2016 Expo §Future Oxford and the community §Foundation building §Partnership growth §Data analysis §Breakdown of Community Sustainability Plan §Program development 37 WEBSITE REFRESH 38 WEBSITE REFRESH More information, more engagement … *no content has been added, all images are design concept 39 LOOKING AHEAD Future Oxford 2017-2018 40 DATA AND ANALYTICS §Identify Future Oxford CSP targets by January 2017 §Strategic development and community analysis: February 2017 •Work with Pillar Committees to influence partners to integrate Future Oxford CSP into their strategic plans •Create reporting structure for target development §Create online dashboard to showcase target development •Recommendation: Tablaou software •Interactive dashboard 41 REPORT TO COMMUNITY §Future Oxford first full report to the Community to be released at the 2017 Future Oxford Expo §High-level overview of 2016 and the long-term strategic plans for each target going forward §Detailed analysis of the 2015/2016 baseline 42 EDUCATION §Partner with all libraries to provide educational information that furthers the community dialogue on sustainability issues §Host workshops that focus on targets, goals and action items within the Future Oxford CSP §Working with Oxford County Libraries and Manager of Strategic Initiatives to offer education training and demonstration projects 43 COMMUNITY ENGAGEMENT §Public forums to begin conversation about furthering the scope of the Future Oxford CSP §Starting to look at new community needs §Hosting round table discussions and world cafes to gather public input 44 EXPO 2017 April 20, 2017 45 EXPO 2017 April 20, 2017 Oxford Auditorium, Woodstock www.futureoxford.ca/expo 46 EXPO 2017 §Showcase of all partners working within the Future Oxford CSP §Dynamic speakers who represent each pillar §Student competition that challenges students to pitch a program that will advance the work of the Future Oxford CSP §Release of Future Oxford Report to the Community 47 QUESTIONS 48 Presentation to Tillsonburg council Nov 14, 2016 49 OUR MISSION Envisioning a world where everyone has a safe and decent place to live. To mobilize volunteers and partners in providing opportunities for families to achieve affordable and sustainable homeownership as a means of breaking the cycle of poverty and strengthening communities. 50 HOME OWNERSHIP HAS LASTING IMPACT •Affordable housing is •Key path out of poverty •A visible and lasting investment in the community •Proven impact for future generations •Health, education, community •$1 invested = $4 social benefit 51 HABITAT MODEL IS PROVEN TO CHANGE LIVES 52 HABITAT IMPACT ACROSS CANADA •2700 builds by 2015. Target: 350-500 per year •Developing models that have greater impact to meet the affordable housing need 228 built in 2015 53 HABITAT IMPACT LOCALLY •67 builds as of yearend 2016 •Partnered to build 3 for Community Living •Plans for ~ 24 new builds over next 3 years + Critical repairs (ReNewit) eg ‘aging in place’ 6 BUILDS in 2016 54 OXFORD COUNTY •Steering Teams active in two Oxford county locations •Good leadership from the County for affordable housing initiatives Wdsk - 3 Igsl - 2 55 HABITAT IS INTERNATIONAL WE ARE ONE HABITAT •1.6 billion people need decent shelter •HFHI operates in over 70 countries •6.8 million people helped since 1976 56 HFHHO CONTRIBUTES INTERNATIONALLY •Our tithes build 2-3 houses/year •Forest City Community Church funds 1-2 builds/year •Western University Campus club does 2 trips / year •>200 people from our four counties regularly do builds WE ARE ONE HABITAT 57 HOMEOWNERSHIP CRITERIA Need for Adequate Shelter •unsafe environment •too few bedrooms for the members in the family •paying too much in their current situation (eg 50% of income to rent) Ability to Pay •Income between $25,000 - $60,000 with manageable debt •Steady income to ensure home is affordable Willingness to Partner •500 hours of Sweat Equity •Mandatory Education – Budgeting and Home Maintenance 58 WHAT DO WE DO? •Build decent affordable homes for qualified families in Oxford, Middlesex, Elgin and Perth counties. •Primarily volunteer driven. •Prepare eligible families for home ownership through an education program and mentorship •Sell those homes to families (or partners such as CLL) •Hold the mortgage to all homes. •Reinvest every mortgage $ to next build •Five ReStores cover 100% of overhead 59 HABITAT FOR HUMANITY MORTGAGES •Partner Families BUY their home and Habitat holds their mortgage •Mortgages are INTEREST-FREE •Payments are GEARED TO INCOME (Gross X 25%) and reviewed annually •Payments include PROPERTY TAXES •Each home is sold at fair market value which then defines the approximate mortgage term 60 Habitat ‘Classic’ - typical model •Habitat chooses partner families, fundraises, advertises, handles construction •No down payment and a Fair Market Value zero interest mortgage •Families own their property and pay mortgage + taxes to Habitat Partner/Agency Model (e.g. Community Living) •Partner chooses the residents/families or does so jointly with Habitat •Down payment negotiated + Fair Market Value zero interest mortgage,. Both partners fundraise. Jointly submit grant requests and advertise. Habitat handles construction, while Partner/Agency owns the property and remits mortgage + taxes to Habitat. HABITAT FOR HUMANITY MODELS 61 OUR GOALS Serve more families: •Build more each year. •Engage new partners; solving community need together •Steering Teams active in each county every year ReStore fully funds overhead + starts contributing to builds •Reinvest in retail systems first, then fund builds Build wisely •More at once – semi’s, townhouses •Engage community partners Fund development •Multi year campaigns •Pursue funding sources provincially and federally •Graduate families to recoup capital and reinvest in more builds 62 KEY MILESTONES IN COMMUNITY BUILDS Engage Community Leaders – assess the need and level of interest & support Secure Land & Find Families Launch local Steering Committee Launch the build with a Groundbreaking and begin construction with local trades, volunteers Dedication Day – celebration and key ceremony 63 TILLSONBURG INTEREST •50 families interested after 2 outreach sessions and our attendance at Celebrate Tillsonburg event •So far 11 pre-applications and 4 full applications; more calls daily •Some interest by community service groups in being part of a build team 64 LAND – help find/secure an affordable suitable parcel IDEAS / COMMUNITY NEED •Identify your community needs and any partnership ideas eg Agencies needing homes. Schools closing. Development opportunities for us to jointly build homeowner models beside rental projects. SUPPORT our efforts in: •Seeking strong local leaders for committee •Achieving acceptance by neighbours of the planned use •Changing zoning and severance if required CONTRIBUTE TO AFFORDABILITY when possible, eg: •Minimizing cost of land •waiving fees, charges •Perhaps financing larger parcels ie partial discharge to allow staged builds WE WANT TO BRING MORE AFFORDABLE HOUSING TO YOUR COMMUNITY. ARE YOU INTERESTED? 65 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:October-25-16 1:26:28 PM Hello, Please note the following response to Delegation Request Form has been submitted at Tuesday October 25th 2016 1:9 PM with reference number 2016-10-25-023. First Name Linda Last Name Armstrong Street Address 40 Pacific Court Town/City London Postal Code N5V 3K4 Phone Number 519-455-6623 E-mail larmstrong@habitat4home.ca Website http://habitat4home.ca/ Do you or any members of your party require accessibility accommodations? No Council Meeting Date November 14, 2016 Subject of Delegation Habitat for Humanity Affordable Housing prospects for Tillsonburg 66 Name(s) of Delegates and Position(s) Brian Elliot - New CEO Linda Armstrong - Past CEO and Board Chair Name of Group or Person(s) being represented (if applicable) Habitat for Humanity Heartland Ontario I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Outline the community interest and pending applications from local families. Identify the # of homes we could build and the opportunity for a 6000-8000 sq ft ReStore. Share the key success factors for Habitat to successfully bring more affordable housing to the area. Review examples of new HFH partnerships and the new homeownership model that allows retention of affordable housing stock in perpetuity. We can make a lasting difference. Partners, whether corporate or municipal Will there be a Power Point presentation? No Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Cephas Panschow I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 67 Report Title Building Permit Fee Review Report No. DCS 16-38 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date NOVEMBER 14, 2016 Attachments Town of Tillsonburg Building Permit Fee Review RECOMMENDATION THAT Council receive the Town of Tillsonburg Building Permit Fee Review Study completed by Tunnock Consulting Ltd. as information; AND THAT staff provide a report at the December 12, 2016 Council meeting regarding the public consultation and consultants recommendations contained within the review/study. EXECUTIVE SUMMARY Tunnock Consulting Services Ltd. was retained by the Town to review its responsibilities under the Building Code Act related to building permit fees. BACKGROUND The current building permit fee structure was last reviewed and adopted by Municipal Council in 2006. The 2016 Building/Planning/By-Law Services business plan identified the need to complete a building permit fee study. The attached review/study provides detailed information related to the functions of Building Services, legislative requirements, and the rational for establishing fees. CONSULTATION/COMMUNICATION The Town has consulted with Tunnock Consulting Ltd. in order to establish and identify the cost to administer and enforce the Ontario Building Code Act. FINANCIAL IMPACT/FUNDING SOURCE Funding for the review/study was approved in the 2016 budget. Page 1 / 1 68 TOWN OF TILLSONBURG – BUILDING PERMIT FEE REVIEW Tunnock Consulting Ltd. Box 2032, 57 Foster Street PERTH ON K7H 3M9 Tel. 613 464-8805 E-mail: gtunnock@tunnockconsulting.ca Website: www.tunnockconsulting.ca File P-2807 October 24, 2016 69 Table of Contents 1. Introduction .......................................................................................................................................... 2 2. Building Code Act .................................................................................................................................. 2 3. Methodology ......................................................................................................................................... 4 4. Building Department Services and Other Support Services ................................................................. 5 5. Building Permit Activity – Historical and Projected Growth ............................................................... 11 6. Indirect Costs ...................................................................................................................................... 13 7. Direct Costs ......................................................................................................................................... 13 8. Total Direct and Indirect Costs ............................................................................................................ 14 9. Cost Stabilization Reserve Fund .......................................................................................................... 18 10. Calculation of Building Permit Fees ................................................................................................ 18 11. Summary ........................................................................................................................................ 22 12. Recommendations .......................................................................................................................... 23 Appendix 1 – Draft Building By-law ........................................................................................................... 24 Schedule A – Permit and Miscellaneous Fees .................................................................................... 37 Schedule B – Plans, Documents and Specifications .......................................................................... 41 Town of Tillsonburg – Building Permit Fee Review Page i File P-2807 70 TOWN OF TILLSONBURG BUILDING PERMIT FEE REPORT 1. Introduction The Town of Tillsonburg (population 15,7911) has undertaken to review its responsibilities under the Building Code Act. The purpose of this report is to fulfil the requirements of the Building Code Act and the related Ontario Building Code where a municipality is considering a change in fees or the introduction of new fees. More specifically, the Ontario Building Code (Section 1.9.1.2 (1) (d)) requires a municipality to provide to the public the following information: • an estimate of the costs of administering and enforcing the Act; • the amount of the fee or of the change to the existing fee, and • the rationale for imposing or changing the fee. This report sets out the calculations of costs related to the administration and enforcement of the Act and the associated amounts for various fees required to recover those costs. The rationale for the proposed fees is based on full-cost recovery for the delivery of the building inspection service within the municipality. 2. Building Code Act Section 7 of the Building Code Act permits a council of a municipality to pass a by-law, “prescribing classes of permits...requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (and) providing for refunds of fees under such circumstances as are prescribed”. Section 7(2) states that the “The total amount of the fees authorized under clause (1) (c) must not exceed the anticipated reasonable costs of the principal authority to administer and enforce this Act in its area of jurisdiction”. The legislation imposes a high level test (i.e. “anticipated reasonable cost”) without explicitly setting out the scope of those costs or what is reasonable. The Act does not indicate that the cost must be determined for each class or type of permit issued. Municipalities are expected to calculate both the direct and indirect costs of administration and enforcement of the Act. Direct Costs are the costs required to operate the Building Department in the delivery of the building inspection service while Indirect Costs are the building inspection-related costs of all other 1 Development Charges Study (Hemson), 2014, Table 1, p. 15 Town of Tillsonburg – Building Permit Fee Review Page 2 File P-2807 71 municipal departments who provide support services to the Building Department. Section 7(4) sets out the reporting requirements. An Annual Report on Fees and costs is required. Specifically, “Every 12 months, each principal authority shall prepare a report that contains such information as may be prescribed about any fees authorized under clause (1) (c) and costs of the principal authority to administer and enforce this Act in its area of jurisdiction”. Typically the report is prepared in the first quarter of the municipality’s fiscal year. Section 7(5) states that the report must be available to the public. A Municipality may wish to make the report available by posting it on the website or by whatever is the required in-house Municipal procedure. The Annual Report does not have to be sent to the Province. Where there is a proposed change to existing building permit fees, or where new fees are proposed, Section 7(6) requires that Public Notice be given and a public meeting held. Individual notices of the meeting also have to be given to anyone who requested notice and provided an address by writing to the Clerk of the municipality. This includes any person and organization who filed a request within the previous five years. Notice of the public meeting must be sent by regular mail at least 21 days prior to the proposed meeting. A notice of the Public Meeting does not need to be advertised in the newspaper; however this does not supersede any requirements the Municipality may have for advertising meetings. Typically, a meeting to consider a change to building permit fees or to introduce new fees is incorporated into a regular meeting of Council. The legislation enables municipalities to also establish a reserve fund, referred to as a Cost Stabilization Reserve Fund (CSRF). The Town of Tillsonburg has not formally established such a fund under the Act; however an account was set up on an informal basis two years ago and has served to enable the Town to track revenues. The purpose of a CSRF, as implied by the name is to stabilize the costs of the building inspection service by recognizing that permit fee revenues fluctuate with the ebb and flow of construction activity. In some years, fee revenues may be less than the required costs to operate the Building Department, while in other years revenues may be greater. The reserve fund, which can only be used for building inspection-related costs, can be drawn down in leaner years in order to stabilize the Building Department budget. The intent is to avoid undue fluctuations in the municipal tax levy where expenditures may be substantially greater than revenues. Where a Cost Stabilization Reserve Fund has been established, the amount of the fund must be reported in an annual report. There is no limit specified in the Act with respect to the size of the Reserve Fund. However, as indicated, the Reserve Fund may only be spent on Town of Tillsonburg direct and indirect building permit and inspection-related services. Town of Tillsonburg – Building Permit Fee Review Page 3 File P-2807 72 3. Methodology The steps in determining a proposed building permit fee structure were as follows: A. Building permit activity data was collected for the period 2011-2015 in order to determine the average level of permit activity in Tillsonburg (see Table 1). B. Information was collected from the 2016 municipal budget in order to calculate the most current direct and indirect costs related to building permit fees. C. Time allocation information was collected for municipal personnel who perform support services to the building service (indirect costs). This includes Council, the CAO, Finance, IT (external), HR, Engineering (service connections). This allocation focussed on the time spent over the course of a year on building-related duties as a percentage of the total work year. This in turn was multiplied by the salary and benefits (payroll burden) and overhead costs (calculated on an hourly basis) to determine the actual indirect costs for administration (see Table 2). D. The 2016 direct costs for Building Department administration and enforcement were calculated as the overhead costs for the Department. Such costs typically include utilities, office supplies, training and certification, postage, mileage and clothing (see Table 3). The costs were modified to exclude the value of the time spent by department staff on other responsibilities (i.e. not related to the Building Code). E. Time allocation information was also collected on the average time spent by Building Department staff in the processing of various types (classes) of building permits including receiving the application, reviewing building plans, conducting field inspections, carrying out records management and enforcement. This was used to determine the direct costs for enforcement and administration of the Building Code Act (see Table 4). F. Suggested building permit fees were then calculated on the basis of various classes of permits by summing the total indirect and direct costs, converting the costs to an hourly rate and applying the rate to the tasks or components of the building permit fee review process (see Table 4). G. Adjustments were made to provide for cross-subsidies between permit types and also for the establishment of a Cost Stabilization Reserve Fund by adding 10% to the cost of each class of permit (see Table 5). Town of Tillsonburg – Building Permit Fee Review Page 4 File P-2807 73 H. A final adjustment was made to provide for large-scale building projects where the workload required to process a permit exceeds the average level of effort. For example, a single detached dwelling with a floor area of 4,000 ft.2 will require additional time to review the building plans and conduct inspections; hence the cost of the additional time was calculated on a per square foot basis and would be added to the permit fee (see Table 5). 4. Building Department Services and Other Support Services The Town’s Building Department provides a very important service to the public by ensuring that buildings meet the requirements of the Ontario Building Code. Safe buildings are paramount and due diligence exercised in enforcing the Code helps to protect the municipality from exposure to liability. More importantly, they provide assurance to homeowners and businesses that construction meets safe construction standards and that matters of energy efficiency, structural integrity, weather resistance, fire safety etc. have been met. In the Town of Tillsonburg, the building inspection function is carried out by staff in the Building Department. This consists of the following staff classifications: • Chief Building Official • Deputy CBO • Development Technician The role of the Chief Building Official (CBO) is set out in the Building Code Act (Section 1.1 (6)) It is the role of a chief building official, a) to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction; b) to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction; c) to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and d) to exercise powers and perform duties in accordance with the standards established by the applicable code of conduct The Act invests the CBO with the exclusive responsibility and sole discretion to issue or refuse a building permit. While a municipal council is required to appoint a CBO, the Council does not have the legislative authority to direct or interfere with the legislated responsibilities of the CBO to issue or refuse to issue a permit or an Order related to enforcement of the Ontario Building Code. The independence of the role of a CBO is unique in municipal government, but is intended to ensure that the administration and enforcement of the Building Code Act and Ontario Building Code is carried out with due diligence, with consistency Town of Tillsonburg – Building Permit Fee Review Page 5 File P-2807 74 and with a high degree of technical and professional competence. The significance of the CBO’s role, and for that matter, all of the municipality’s building officials is reinforced by the rigorous training and certification program administered by the provincial Ministry of Municipal Affairs and Housing. Properly qualified staff is essential to ensuring safe construction and safe buildings throughout the Town. Consequently, the continued financial support of Council in ensuring that the CBO and other staff have access to ongoing training and professional development is vital to a high quality of building construction in the Tillsonburg. The CBO reports to CAO. The Building Department has responsibility for the administration and enforcement of the Building Code Act as well as overseeing By- law enforcement (property standards, signs, noise, parking, civic addresses, swimming pools etc.). This particular study, however, focuses only on the cost of the administration and enforcement of the Ontario Building Code Act and associated regulation, the Building Code. Building Permit Process The following outlines the typical process of submitting an application and obtaining a building permit in the Town of Tillsonburg. Applicants who may be unfamiliar with the process are encouraged to pre-consult with Building Department staff prior to completing an application. The objective is to streamline and make the process more user-friendly to the applicant and to expedite and improve the efficiency with which an application is processed. The Building Department issues a homebuilder’s guideline which is available as a handout which is designed to assist a potential applicant with understanding not only the process but what information may be required to in filing an application (i.e. building drawings, approvals from other agencies, fees and charges). The building permit process is governed by the Building Code Act; for example permits must be issued within a prescribed timeline (i.e. a permit for a single detached dwelling must be issued within10 business days of the receipt of a complete application). Timelines also apply to the inspection process. The Town Town of Tillsonburg – Building Permit Fee Review Page 6 File P-2807 75 consistently meets the timeline requirements. Phase 1 - Application Submission Steps in Phase 1:  The application is submitted to the Development Technician  Application form is reviewed for completeness (i.e. owner and designer information, location, property assessment roll number, purpose, details of the building plans etc.)  Building drawings (2 sets required) checked to ensure they coincide with application form  Applicant is advised of the steps in the review process  A building file is established both in hard copy and digital format, the Town uses ProOffice software to track the status of the application  CBO will start the review process although external approvals may not be in place; however the building permit not issued until all applicable approvals are in place Phase 2 - Application Review Steps in Phase 2:  Building Department undertakes a detailed review of the building drawings (plan review)  Notations are made on the drawings, or the drawing is redlined, and if necessary and forwarded to the applicant for revision and re-submission, if necessary. A review stamp is used when the review is completed  One copy is returned with notations to the contractor or owner  Once the plan review is completed, the permit fee is calculated by the Development technician Phase 3 - Permit Issuance Steps in Phase 3:  Applicant is advised when the permit is ready for pick-up.  Applicant pays all applicable fees (i.e. Development Charges, plumbing permit fees, entrance permits etc.) to the Customer Service Representative.  Applicant is advised of the requirements for inspections. A permit placard is issued along with the permit to indicate what inspections are required. The process is more protracted for non-residential permits given the increased complexity. The plan review process, for example, can take a few days to several weeks depending on the complexity of the project. The Town relies on the designs and submission of reports from an architect/engineer where required by the Building Code Act. Town of Tillsonburg – Building Permit Fee Review Page 7 File P-2807 76 Phase 4 - Inspections The Building Code Act requires the owner of a permit to notify the Building Department of readiness to inspect various stages of construction. The Building Department is required to carry out an inspection within 2 days of receipt of most notices; however, the inspection is often conducted the next day. Steps in Phase 4:  Inspection schedule is organized by the Development Technician on a demand basis. Inspections are requested by email, on-line or by phone.  Inspections are conducted on a ‘first-come’, ‘first-served’ basis. The number of inspections required for a new single detached dwelling typically includes 8-10 inspections (depending on the number of call backs) for all building systems. Inspections for a typical single detached dwelling typically include: • Footings prior to concrete pouring • Site servicing (by water department before or after footings poured) • Foundation/pre-backfill • Framing • In-ground plumbing • Insulation and air barrier/HVAC/mechanical rough-in • Occupancy • Final • Call-back inspections (1) (or more depending on the builder)  Call-back inspections may be required where a particular stage of construction has not been completed or where construction must be brought into compliance with the Ontario Building Code  Inspection reports are prepared for each inspection that has been conducted. (manual)  A carbon copy of the inspection report is left on site.  Inspection reports are subsequently recorded on electronically upon the return to the office  File is closed once a final inspection is conducted and the inspector signs off on the construction project. In the future the CBO would like to move forward with on-site tablet system for inspections. Town of Tillsonburg – Building Permit Fee Review Page 8 File P-2807 77 Building Inspection Sequence for a Single Detached Dwelling Footing Foundation Framing Rough-in for Mechanical Systems Insulation & Vapour Barrier Occupancy Final Town of Tillsonburg – Building Permit Fee Review Page 9 File P-2807 78 For complex buildings such as an apartment building or a commercial or industrial building, the number of inspections is dependent on the size and complexity of the building. The Building Department carries out inspections and considers required engineering compliance reports to address major components of construction. Plans examination and inspection services include attention to many systems including structural, occupant safety, fire safety and barrier-free requirements. Several systems such as structural, mechanical and fire safety systems are also reviewed and tested by owner-hired professionals. The CBO receives reports from those professionals which, along with the inspector’s observations, form a part of the permit and the basis for eventual occupancy approval. Enforcement Enforcement is an integral component to the building inspection process since the intent of the Building Department is to achieve compliance with the Ontario Building Code. The philosophy of the Building Department is to achieve compliance through voluntary enforcement, or in other words, to work with the applicant and contractors to make changes or address deficiencies through on- site inspections and notations on the inspection reports. The voluntary compliance as the first line of enforcement is highly effective and helps to maintain a constructive working relationship with applicants and the building industry. On occasion Orders to Comply may be necessary and are issued by the CBO. Orders may be issued where construction is occurring without a building permit or where previous instructions to correct deficiencies requested by Building Department staff have not been carried out voluntarily. Where Orders are not complied with, the last resort in enforcement is legal action using the Provincial Offences Act process. The CBO has a good working relationship with contractors given his longstanding history in the construction industry and his network of contacts among local builders. Support Services Support services or related services to the Building Department are provided by Council, the CAO, Finance, HR, Engineering, and IT Services. Council is responsible for establishing policies and adopting by-laws. The CAO oversees the management of staff and policy formulation process while the Clerk prepares by-laws and Council agendas and is the custodian of municipal records. The Finance Officer is responsible for the posting of fees, ledger, budget, payroll and audit functions. Other support services include IT/systems support, HR for personnel matters, and Engineering for site servicing. Town of Tillsonburg – Building Permit Fee Review Page 10 File P-2807 79 5. Building Permit Activity – Historical and Projected Growth Table 1 sets out the building permit activity for the period 2010-2014. During this 5 year period, the number of residential permits averaged 56 per year with a range from 42 (2011) to 64 (2014). In the non-residential sector, permits for new ICI projects averaged 5 permits annually over the 5 year period (excluding alterations). The total average number of building permits issued between 2011 and 2015 was 321 per year. The level of new housing construction is expected to continue over the next 7 years at the rate of an average of 66 housing starts annually and declining to 60 units annually between 2023 and 2031.2 Population growth over this same period (2013-2031) is expected to grow by 1,804 from the 2011 population of 15,491to 17,295 or approximately 0.6%/annum 3 (see Table 1 – Summary of Residential and Non-Residential development Activity). The County of Oxford Official Plan projections are substantially higher than the projections in the development charges study. Over the 10 year period (2016-2016) the population is expected to grow by 1.4% annually. Housing projections in either case support a continued healthy growth in Tillsonburg, which in turn will support residential building permit fee revenues. 2Development Charges Study, (Hemson), 2014, Table 1, p. 15 3 County of Oxford Official Plan, Figure 6, p. 4.2.2 Town of Tillsonburg – Building Permit Fee Review Page 11 File P-2807 80 Town of Tillsonburg – Building Permit Fee Review Page 12 File P-2807 81 6. Indirect Costs Table 2, sets out the Indirect Costs, or the costs that are incurred by other municipal functions, departments in the municipality which support the Building Department. These include Indirect Costs - Administration which consists of the costs of Council, the CAO, Clerk’s Department, Finance, IT Services, and Public Works. Table 2 is structured to distinguish between the salary and benefits costs derived from the time allocated by various municipal staff, and the costs of overhead. These costs are then added together to derive the total Indirect Costs for the support services provided to the Building Department. The costs reflect the salary and overhead for all staff which provide support services to the Building Department. Salary costs are computed on the basis of the 2016 salary rates to which additional payroll costs was added to reflect statutory and municipal benefits (i.e. CPP, EI, WSIB, health benefits, OMERS etc.). The rates were calculated on a cost per hour basis. The overhead costs were also calculated on an estimated hourly basis, by dividing the total eligible overhead costs by the estimated number of regular hours worked by staff and Council respectively attributable to the delivery of Building Department related services . The Indirect Costs or salary, benefits and overhead were calculated as $32,034.47 for 2016. 7. Direct Costs Direct Costs are the costs associated with the front line delivery of the Building Department services to the public. Functions such as receiving building permit applications, plan review, field inspection, enforcement and administration are included in these deliverable services. The costs for the delivery of these services are set out in Table 3, for 2015 and 2016. The figures from the 2016 budget have been used for the purposes of calculating Direct Costs in Tables 4 & 5. These include salaries and benefits of $278,600 and administration or overhead costs of $73,100 for a total of $351,700 for 2016. The costs were discounted by 10% given that the Building Department staff have other duties aside from the administration of the Building Code Act. Consequently, the recoverable costs are calculated as 90% of $351,700 or $316,530.00. Town of Tillsonburg – Building Permit Fee Review Page 13 File P-2807 82 8. Total Direct and Indirect Costs The combined Direct and Indirect costs of Administration and Enforcement have been calculated in Tables 2 and 3. The Direct Costs are $316,530.00 and the Indirect Costs were calculated as $32,034.47 (rounded). The total combined estimated Direct and Indirect costs per the requirements of Section 7 of the Building Code Act are calculated as $348,564 (i.e. $316,530.00 + $32,034.47 = $348,564). These costs are considered to be the recoverable costs in establishing the building permit fee level. Town of Tillsonburg – Building Permit Fee Review Page 14 File P-2807 83 2011 2012 2013 2014 2015 Avg. 2011-2015 Major Permits Residential Permits (Group C) Singles 42 54 58 64 61 55.8 Semis 0 0 0 0 1 0.2 Mobile Homes 0 2 0 0 0 0.4 Sub-Total - Low Density Towns/Row 1 3 10 3 0 3.4 Apts 1 0 5 36 23 13.0 Major Alterations/Additions 19 10 10 13 10 12.4 Septic (major)0 0 0 0 0 0.0 Non-Residential Permits Commercial (Groups B,D,E)3 2 0 0 3 1.6 Institutional (Group A)1 0 0 1 3 1.0 Industrial (Group F)0 0 6 2 2 2.0 Major Alterations/Additions (A-F)18 26 21 34 4 20.6 Non-residential demolitions 4 2 4 3 5 3.6 Agricultural (Farm Buildings)0 0 0 0 0 0.0 Sub - Total Major Permits 114.0 Minor Permits Residential Permits Minor Additions/Alterations 33 29 27 29 26 28.8 Garage/Carport/Storage Shed 15 9 13 20 28 17.0 Deck 68 59 50 75 58 62.0 Residential demolitions 5 10 2 3 11 6.2 Pools - Inground 6 8 7 6 5 6.4 Pools Aboveground 6 7 7 6 4 6.0 Solid Fuel Applicances 0 0 0 0 0 0.0 Non-Residential Permits Minor Additions/Alterations 8 14 20 15 6 12.6 Farm Buildings Signs, Towers, Solar Panels, Tents 18 15 22 23 19 19.4 Sub-Total Minor Alterations Other Permits Change of Use 0 0 0 0 0 0.0 Occupancy 0 0 0 0 0 0.0 Moving/Relocation of Building 0 0 0 0 0 0.0 Permit Renewal/Revisions 0 0 0 0 0 0.0 Sewer/Water/Plumbing 31 15 21 21 15 20.6 Tents 1 2 2 0 2 1.4 Mobile Signs 30 33 39 45 44 38.2 Total All Permits 333 Table 1 - Building Permit Activity - Tillsonburg Town of Tillsonburg – Building Permit Fee Review Page 15 File P-2807 84 Town of Tillsonburg – Building Permit Fee Review Page 16 File P-2807 85 Administration Costs 2015Budget 2016 Budget Salaries and Benefits 5001 F/T Reg $258,468 $278,600 5002 F/T OT $5,031 $0 5003 P/T Reg $0 $0 Sub-total Salaries and Benefits $263,499 $278,600 Overhead 5100 Fleet $14,311 $14,800 5300 Supplies $2,899 $7,400 5310 Equip S&R $1,366 $2,000 5315 Books&Pub $452 $1,800 5330 Insurance $9,535 $9,700 5331 Ins Claim $0 $0 5335 Phone, F&M $1,005 $1,000 5340 PPE Exp $0 $500 5400 Misc Exp 4635.53 $0 5405 Meeting Exp $234 $400 5410 Advert&Promo $1,313 $4,500 5415 Trng&Wkshps $7,394 $6,000 5420 Sp Event Exp $1,026 $1,000 5425 Sp Proj Exp $0 $6,000 5430 Membership Exp $639 $1,900 5500 Consult,Leg,Aud $5,193 $0 5505 Subcon Exp $5,208 $6,300 5700 CorpAd OH $9,264 $9,800 5950 Contrib to Res $0 $0 Sub-total Overhead Costs $64,474 $73,100 Grand Total Administration Costs $327,973 $351,700 Enforcement Costs Legal Fees Sub-Total Overhead and Enforcement Costs $64,474 $73,100 Grand Total Administration and Enforcement Costs $327,973 $351,700 Table 3 - Building Department Costs - Tillsonburg Town of Tillsonburg – Building Permit Fee Review Page 17 File P-2807 86 9. Cost Stabilization Reserve Fund The Town of Tillsonburg has not established a Cost Stabilization Reserve Fund (CSRF).The fund where established will provide a reserve from which funds could be withdrawn to offset the costs of the building inspection service in times of low building permit activity as well as to provide a source of capital for department needs such as the purchase of vehicles. Tunnock Consulting Ltd. has recommended a CSRF to many municipalities who have successfully used the fund to maintain a stable cost regime for the building inspection service. Our recommendation has varied from 10 to 26% of the cost of a building permit fee. For Tillsonburg, we would recommend 20% as this reflects approximately the variation in the volume of fees over the past five year period. Of note is the fluctuation in the ICI sector where permits for commercial development varied from 12 to 40 permits, a factor which can have a substantial impact on total revenues (i.e. $159,930 ±). As such, the cost of a permit would be increased by 20%. Based on the calculations shown in Table 5, the revenue generation for the CSRF would be in the order of $60,110 (i.e. $408,674 - $348,564 = $54,921). The revenue created from this surplus could not be used for other municipal purposes. Council should establish the CSRF by resolution in acknowledging the enabling authority of the Building Code Act. 10. Calculation of Building Permit Fees The total recoverable costs of $348,564 were utilized for the purposes of calculating building permit fees. Fee calculations were undertaken are and illustrated in Tables 4 and 5. Table 4 The following provides a description of the components of Table 4: • Column B: identifies the stages in the building permit process and associated Building Department staff (CBO, Deputy CBO, and Development Technician) who provide building services. • Columns C, E and every second column thereafter set out the Class of Permit as a heading and the hours or time allocation required to complete the stage or function identified in Column B. For example, the time for processing a permit for a single detached dwelling is 19.75 hours (Line 12) on average while the number of hours required to Town of Tillsonburg – Building Permit Fee Review Page 18 File P-2807 87 process a permit for a deck or garage as shown in Column I is 7.5 hours (Line 12). Columns D, F and every second column thereafter shown the associated cost for the hours spent on processing a permit. The total Direct salary/benefits for processing a permit for a single detached dwelling are $938.59. Further down the column, the Overhead Costs of the Building Department are added (Line 16) (i.e. $197.81/permit). Further down the column again, the Indirect Costs (derived from Table 2) are added and are shown on Line 19 or $96.32/permit. The total (base) costs for processing a permit for a single detached dwelling is $1,232.71 (Column D, Line 21). The totals are given for each class of permit or other associated service in subsequent columns in Table 4. Table 5 • Column A: sets out the various types of permits and services derived - -from Tables 1 & 4. • Column B: sets out the base level of fees derived from the calculations in Table 4 (as described above). • Column C: is an adjustment for a cross subsidy which has the effect of reducing the permit fee value for specified types of permits (i.e. an accessory structure such as a garden shed, a deck, a woodstove, standalone plumbing, etc.). The intent is to ensure that the cost of the permit will not deter applicants from obtaining such permits. A cross subsidy is applied to a limited number of permits. • The potential loss of revenues from reducing permit fees for the cross subsidy is significant. Specifically, the reduction in the (actual cost shown in Table 4) of the permit fees for permits minor residential permits such as decks, pools signs and minor alterations is calculated at $99,707. The transfer of the lost revenue to other (major) types of permits through the cross subsidy will raise residential and other permits by an average of $524.77/permit. • Column D: sets out the calculation for the Cost Stabilization Reserve Fund. The calculation adds 20% to the cost of the permit and is designed to offset the fluctuation in permit fee revenues in less active years (see Section 9). For example, the Cost Stabilization Reserve Fund could be used to offset declines in fee revenues from a reduced level of permit activity and/or could be used for anticipated (new) Town of Tillsonburg – Building Permit Fee Review Page 19 File P-2807 88 operational or capital costs (i.e. replacement of computers, replacement of municipal vehicles used for building inspection etc.). A Reserve Fund has been established in Tillsonburg. The addition of a 20% reserve fund levy would increase the cost of a permit for a single detached dwelling by $446.54. • Column E: is an adjustment for larger scale projects. Larger scale projects involve for time to conduct plan reviews and field inspections. The pro-rated levy is based on dividing the base fee by the average number of square feet (Column B/Column E). For example, for a single detached dwelling, the pro-rated levy of $0.47/ft.2 is calculated as $1,232.71/2,200 ft.2 = $0.56/ft.2 (rounded). The 2,200 ft.2 is the average floor area of a new single detached dwelling and therefore represents the average level of effort required for providing the building inspection service for this class of permit. Consequently, an application for a single detached dwelling with a floor area of 2,500 ft.2 would cost $2,874.25 or (2,500 ft.2 – 2,220 ft.2 x $0.56 + $2,679.25 =$2,847.25). The pro-rated levy would apply to all residential housing types, ICI permits, alterations to ICI projects, larger decks and garages (i.e. over 300 ft.2). • Column F: is the total average number of permits issued per year for various classes of permits as derived from Tables 1 & Table 4. • Column G: is the calculation of the potential revenue the municipality would receive for permits based on the addition of 20% for the reserve fund calculated on a 5-year average for building permit activity or $408,674. The revenue stream will result in the generation of an estimated $60,110 annually needed to fund the Cost Stabilization Reserve Fund. • Column H: represents the potential revenue without the 20% reserve fund levy or $341,357. The revenue stream will result in full-cost recovery for the Direct Costs and Indirect Costs required to deliver the building inspection service by the Municipality based on the five year average of building permit activity. Town of Tillsonburg – Building Permit Fee Review Page 20 File P-2807 89 A B C D E F G H I J K L M N O P Q R S T U V W X 1 2 Staff Position & Av. # hrs. spent per function (hours) Group ‘C’ Residential singles, 2-unit, cottages, Row, Towns (hours) Cost Group 'C' Mobile Homes (hours) Group ‘C’ Residential Apartments (hours) Cost Group ‘C’: Major alterations additions (hours) Cost Group ‘C’ Other: Garage, deck, residential demolitions (hours) Cost Group 'C' pools (hours) Inground Cost Above ground Cost Groups ‘A, B, D, E’ Commercialretail, motels, institutional, recreational (hours) Cost Group ‘F’ Industrial (hours) Cost Groups ‘A, B, D, E & F’ Major alterations additions (hours) Cost Non-residential demolitions (hours) Cost Groups ‘A, B, D, E & F’ Minor alterations additions, including farm buildings (hours) Cost Other Permits: Renew Permit, Sign, Moving Building (hours) Cost Tents, Mobile Signs Cost Designated structures (Solar Panels, Retaining Walls, etc..) Cost Solid Fuel Burning Appliance Installation (Wood Stove), plumbing Cost Change of Use (no construction ) Cost 3 1.Plan Review (CBO)0.25 16.97 0 0.00 0.5 33.93 0.5 33.93 0 0.00 0.00 0.00 0.00 2 135.72 1 67.86 2 135.72 0.25 16.97 1 67.86 0 0.00 0 0.00 0.25 16.97 0.00 0.00 0.5 33.93 4 2. Inspections 0.5 33.93 0 0.00 1 67.86 1 67.86 0 0.00 0.00 0.00 0.00 2 135.72 2 135.72 3 203.58 0 0.00 1 67.86 0 0.00 0 0.00 0 0.00 0.00 0.00 0 0.00 5 3. Administration 0.5 33.93 0.5 33.93 0.5 33.93 0.5 33.93 0.25 16.97 0.25 16.97 16.97 3 203.58 2 135.72 2 135.72 0.25 16.97 1 67.86 0.25 16.97 0.25 16.97 0.25 16.97 0.25 16.97 0.25 16.97 6 4. Enforcement 1 67.86 0 0.00 1 67.86 1 67.86 1 67.86 1.00 67.86 67.86 1 67.86 1 67.86 1 67.86 1 67.86 1 67.86 1 67.86 1 67.86 0 0.00 1.00 67.86 1 67.86 7 1.Plan Review (Deputy CBO) 1.5 68.88 0.50 22.96 1 45.92 1 45.92 0.25 11.48 0.25 11.48 11.48 7 321.44 5 229.60 7 321.44 0.5 22.96 2.5 114.80 0.25 11.48 0.25 11.48 1 45.92 0.25 11.48 2 91.84 8 2. Inspections 9 413.28 2 68.88 7 321.44 5 229.60 3 137.76 1.00 45.92 45.92 15 688.80 10 459.20 15 688.80 1 45.92 4 183.68 0.5 22.96 0.5 22.96 1 45.92 1.00 45.92 1 45.92 9 3. Administration 3 137.76 0.5 22.96 0.5 22.96 0.5 22.96 0.5 22.96 0.50 22.96 22.96 5 229.60 3 137.76 5 229.60 1 45.92 1 45.92 0 0.00 0 0.00 0.5 22.96 0.50 22.96 0.25 11.48 10 4. Enforcement 1 45.92 0 0.00 1 45.92 1 45.92 1 45.92 1.00 45.92 45.92 1 45.92 1 45.92 1 45.92 1 45.92 1 45.92 1 45.92 1 45.92 1 45.92 1.00 45.92 1 45.92 11 Development Technician 3 120.06 1 40.02 1.5 60.03 1.5 60.03 1.5 60.03 1.50 60.03 60.03 8 320.16 5 200.10 8 320.16 1.5 60.03 4 160.08 1 40.02 1 40.02 1.5 60.03 1.50 60.03 1 40.02 12 Total # Hours 19.75 $938.59 4 $188.75 14 $699.85 12 $608.01 7.5 $362.98 5.5 $271.14 $271.14 44 $2,148.80 30 $1,479.74 44 $2,148.80 6.5 $322.54 16.5 $821.84 4 $205.21 4 $205.21 5.5 $254.68 5.5 $271.14 7 $353.94 13 Total - Direct Costs - Enforcement $'s14Cost/Permit 15 Total Direct Costs - Administration 16 $ 65,790.00 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 197.81 17 Total - Indirect Costs - Administration18 $ 32,034.47 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 96.32 19 Total - Indirect Costs - Enforcement 20 $ - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 Grand Total $'s 1232.71 482.87 993.97 902.13 657.10 565.26 565.26 2442.92 1773.86 2442.92 616.66 1115.96 499.33 499.33 548.80 565.26 648.0622Avg# Permits 56 0 16 12 114 6 6 3 2 21 4 13 40 32 21 0 23 Total Revenue $'s 69,031.51 0.00 193.15 16,301.12 11,186.42 74,908.88 3,391.53 3,617.63 6,351.59 3,547.72 50,324.16 2,219.98 14,061.10 499.33 19,773.29 17,561.61 11,644.26 0.00 24 Grand Total Revenue $'s 301,221.75 Table 4 - Time Allocation by Type of Permit - Tillsonburg Town of Tillsonburg – Building Permit Fee Review Page 21 File P-2807 90 22 The Town of Tillsonburg has not adjusted Building Permit Fees since 2006 and as such, the adjustment is significant. Some municipalities are using the Consumer Price Index (CPI), (construction index), a Statistics Canada publication as the means to make the adjustment. This may be an option for the Town of Tillsonburg and would result in more regular adjustments that would be tailored to annual adjustments in costs. Fees which are not currently, but for which the Town could impose a fee for service include: A. Description of Services Associated with Fee or Service Categories Alternative Solution Alternative solution means the review of a study or report which proposes a substitute construction method or materials for an acceptable solution as set out in Parts 3 to 12 of Division B of the Building Code; B. Administration Fees a) Issuance of Order to Comply/Deficiency Report b) After Hours Inspection, per hour, min. 2 hrs c) Occupant Load Inspection and report 11. Summary The Building Department of the Town of Tillsonburg administers the legislated responsibilities required by the Building Code Act and the Ontario Building Code. The Department is supported by services provided by other municipal departments essential to day-to-day operations. This study was undertaken to determine the costs for the delivery of the Department’s responsibilities and the associated costs of the support services provided to the Department. The level of building permit activity continues to be strong and is expected to A B C D E F G H 1 Class of Permit Base Fee from Table 4 Adjustment for Cross Subsidy1 Add 20% for Reserve Fund to fees in Column C Pro-rated costs for larger scale projects2 Number of Permits from Table 4 Projected Revenue with 15% for Reserve Fund (= D xF) Projected Revenue with adjustment for Cross subsidy only (= C x F) 2 Group C, Low Density Residential $ 1,232.71 $ 2,232.71 $ 2,679.25 56 $ 150,037.81 125,031.51$ 3 Group C, Mobile Homes $ 482.87 $ 482.87 $ 579.44 0 $ 231.78 193.15$ 4 Group C, Medium, High Density Residential $ 993.97 $ 1,893.97 $ 2,272.76 16 $ 37,273.34 31,061.12$ 5 Group C, Major Alterations $ 902.13 $ 1,802.13 $ 2,162.56 12 $ 26,815.70 22,346.42$ 6 Group C, Minor: deck, minor alterations, residential demolitions,water & sewer connections/repairs, plumbing etc. $ 657.10 $ 108.70 $ 125.00 D + $1.67/ft.2 > than 300/ ft.2 114 $ 14,249.98 12,391.28$ 7 Pools - Inground $ 565.26 $ 291.67 $ 350.00 6 $ 2,099.99 1,749.99$ 8 Pools - Above Ground $ 565.26 $ 130.44 $ 150.00 6 $ 960.01 834.79$ 9 Groups A, B, D, E, Commercial $ 2,442.92 $ 4,442.92 $ 5,331.50 3 $ 13,861.91 11,551.59$ 10 Group F, Industrial $ 1,773.86 $ 3,773.86 $ 4,528.63 2 $ 9,057.27 7,547.72$ 11 Groups A, B, D, E & F Major Alterations $ 2,442.92 $ 4,442.92 $ 5,331.50 21 $ 109,828.99 91,524.16$ 12 Non-Residential Demolitions $ 616.66 $ 434.78 $ 500.00 4 $ 1,799.99 1,565.21$ 13 Groups A, B, D, E & F Minor Alterations $ 1,115.96 $ 416.67 $ 500.00 D + $2.23/ ft.2 > than 500 ft.2 13 $ 6,300.06 5,250.05$ 14 Other Permits: renew, moving building, sign (OBC only) $ 499.33 $ 163.12 $ 187.58 0 $ - -$ 15 Tents $ 499.33 $ 108.70 $ 125.00 40 $ 4,949.99 4,304.34$ 16 Designated Structures $ 548.80 $ 812.69 $ 975.23 32 $ 31,207.31 26,006.09$ 17 Solid Fuel Burning Applicances, plumbing $ 565.26 $ 208.34 $ 250.00 21 $ 5,150.05 4,291.71$ 18 Change of Use $ 648.06 $ 275.00 $ 330.00 0 $ - -$ 19 Total 345 $ 408,674.12 $ 341,357.42 D + $0.56/ ft.2 > than 2,220/ ft.2 D + $0.97/ ft.2 > than 2,500 ft.2 Table 5 - Proposed Building Permit Fee Schedule - Tillsonburg Town of Tillsonburg – Building Permit Fee Review Page 22 File P-2807 91 23 continue largely unabated over an 18 year forecast period of the official plan and development charges study. New housing starts which are the primary revenue source for building permit fees are expected to be in the order of 66 units annually. The costs for salaries, benefits and overhead for the Building Department were calculated based on the 2016 Municipal budget. Total costs for the administration and enforcement of the Building Code Act were determined to be $351,700 of which 90% or $316,530.00 is considered to be recoverable through building permit fees. The costs for salaries, benefits and overhead for the support services of other departments were calculated as $32,034. The combined costs of $348,564 represent the total municipal administration and enforcement costs required to be calculated under Section 7(2) of the Building Code Act and recoverable through building permit fees The study also determined that the municipality does not have a Cost Stabilization Reserve Fund (CRSF) but would benefit from a dedicated reserve fund to offset operational and capital costs of the building inspection and related support services for the foreseeable future should there be a decline in fee revenues. A surcharge of 20% is recommended to fund this reserve. The study also determined the actual cost for all of the steps required to process a building permit and provide other services based on staff time and the associated salary, benefits and overhead costs. As a result of the study, an adjustment in the building permit fees as well as the introduction of some new fees is required to permit the Town of Tillsonburg to recover a significant proportion of the costs associated with the delivery of the building inspection service and the related support services provided by other departments. Table 5 sets out the recommended fees which are incorporated into a draft new building by-law. 12. Recommendations This building permit fee study has determined the total Indirect Costs and Direct Costs for Administration and Enforcement based on the criteria set out in Section 7 of the Building Code Act. Based on the findings of this study it is recommended: A. That Council adopt the recommended fee structure set out in Table 5. B. That Council consider an annual adjustment in fees based on the Consumer Price Index (CPI) available through Statistics Canada. C. That Council convene a public meeting in compliance with the requirements of the Building Code Act for the purposes of considering changes to fees and the introduction of new fees. Town of Tillsonburg – Building Permit Fee Review Page 23 File P-2807 92 24 Appendix 1 – Draft Building By-law Town of Tillsonburg – Building Permit Fee Review Page 24 File P-2807 93 25 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER __________ Being a By-law to provide for the administration and enforcement of the Building Code Act and with respect to the establishment and requirement of the payment of fees for information and services. WHEREAS, Section 3.(1) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality is responsible for the enforcement of the Building Code Act, 1992, as amended, in the municipality; AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23, as amended, empowers council to pass By-laws respecting permits for construction, demolition, occupancy, change of use, on-site sewage system and conditional permits and respecting inspections and the charging of permit fees and other related matters; AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23, as amended, empowers council to pass By-laws to establish an On-site Sewage system Maintenance Inspection Program and the charging of service fees for the recovery of costs associated with the administration of said program; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG enacts as follows: 1. Citation 1.2. This By-law may be cited as the “Building By-law”. 1.2. All references made within this By-law shall be found within this By-law unless otherwise noted. 2. Definitions 2.2. Words shown in italicized script in this By-law shall have the meaning as follows: (a) Act means the Building Code Act, S.O. 1992, c. 23, as amended; (b) Alternative solution means a substitute for an acceptable solution as set out in Parts 3 to 12 of Division B of the Building Code; (c) Applicable law means the list of applicable laws as prescribed by the Building Code; (d) Applicant means the owner of a building or property who applies for a permit or any authorized agent to apply for a permit on the owner’s behalf or any person or corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of that person or corporation; (e) Authorized agent means a person who has been authorized in writing to act on the owner’s behalf for matters relating to an application for a permit; (f) As constructed plans means construction plans and specifications that show the building and the location of the building on the property as the building has been constructed; Town of Tillsonburg – Building Permit Fee Review Page 25 File P-2807 94 26 (g) Building means that as ascribed by the Act; (h) Building Code means regulations made under Section 34 of the Act and any amendments thereto; (i) Chief Building Official means the person appointed by a By-law of the Corporation of the Town of Tillsonburg for the purpose of enforcement of the Act and whose roles are set out in the Act; (j) Corporation means The Corporation of the Town of Tillsonburg; (k) Form means the applicable provincial or municipal prescribed document; (l) Inspector means a person appointed by By-law of the Corporation of the Town of Tillsonburg for the purpose of enforcement of the Act and who’s roles are set out in the Act; (m) Minor for the purpose of calculating building permit fees shall mean construction value of $25,000 or less in 2016 dollars. (n) Major for the purpose of calculating building permit fees shall mean construction value of $25,001 or more in 2016 dollars. (o) Owner means the registered owner of the land or property for which a permit application is submitted, a permit has been issued or that contains an on-site sewage system for the purposes of the Maintenance Inspection Program and includes the registered owner, a lessee and mortgagee in possession; (p) Permit means permission or authorization in writing by the Chief Building Official to perform work or to occupy a building or part thereof, as regulated by the Act and the Building Code; (q) Permit holder means the owner to whom the permit has been issued or, where the permit has been transferred, the transferee, and shall be the person who assumes the primary responsibility for compliance with the Act and the Building Code; (r) Registered Code Agency means a person that has the qualifications and meets the requirements described in subsection 15.11(4) of the Act; (s) Sign for the purpose of determining a building permit fee shall mean a sign designed to meet the requirements of the Building Code; (t) Work means the construction or demolition of a building or part thereof and includes a change of use as regulated by the Building Code. 2.3. Any words or phrases used in this By-law which are defined in the Building Code shall be deemed to have an equivalent meaning in the context in which they are used. Town of Tillsonburg – Building Permit Fee Review Page 26 File P-2807 95 27 3. Classes of Permits 3.2. The classes of permits with respect to construction, demolition, change of use and occupancy shall be as set out in Schedule ‘B’ and which are further described as follows: (a) Construction Permit is a permit required under Subsection 8. (1) of the Act for the construction of buildings and parts of buildings. (b) Demolition Permit is a permit required under Subsection 8. (1) of the Act for the removal of a building. (c) Conditional Permit is a permit authorized under Subsection 8. (3) of the Act for the construction of buildings or parts of buildings that may be issued at the sole discretion of the Chief Building Official. (d) Change of Use Permit is a permit required under Subsection 10. (1) of the Act where a change in use of a building or part of a building would result in an increase in hazard as determined under Division C, Article 1.3.1.4. of the Building Code where no construction is proposed. (e) Occupancy Permit is a permit required to occupy a building or part of a building in accordance with the requirements of Division C, Subsection 1.3.3. of the Building Code. 3. Applications for Permits 3.1. To obtain a permit, the owner or an authorized agent shall submit the applicable prescribed permit application form to the Chief Building Official. 3.2. All forms prescribed by the Building Code and the Chief Building Official are available at the Province of Ontario, the office of the Chief Building Official or the Corporation’s web site, as the case may be. 3.3. Where an application is made for a Construction Permit under Subsection 8.(1) of the Act, the application shall: (a) Include a completed permit application form as prescribed by the Building Code; (b) Be accompanied by the plans and specifications prescribed by this By-law and any associated information or approvals required to demonstrate compliance with any applicable law; (c) Identify and describe the work and use to be covered by the permit for which application is made; (d) Be accompanied by all fees that are set out in Schedule ‘A’; (e) State the names, addresses, telephone numbers, fax numbers and email addresses of the owner, applicant, architect, professional engineer, designer, contractor, installer or constructor, where applicable; (f) Be accompanied by a completed Commitment to General Reviews form as prescribed by the Chief Building Official when the Architects Act, as amended, and/or the Professional Engineers Act, as amended, requires the designer be an architect and/or a professional engineer; (g) Include completed forms as deemed required and prescribed by the Chief Building Official. Town of Tillsonburg – Building Permit Fee Review Page 27 File P-2807 96 28 3.4. Where an application is made for a Demolition Permit under Subsection 8.(1) of the Act, the application shall: (a) Include a completed permit application form as prescribed by the Building Code; (b) Be accompanied by the plans and specifications prescribed by this By- law and any associated information or approvals required to demonstrate compliance with any applicable law; (c) Be accompanied by all fees that are set out in Schedule ‘A’ ; (d) State the names, addresses, telephone numbers, fax numbers and email addresses of the owner and of the Architect, professional engineer, designer, contractor or constructor, where applicable; (e) Be accompanied by a completed Commitment to General Reviews form as prescribed by the Chief Building Official when the Building Code requires a professional engineer to undertake the general review of the demolition; and (f) Be accompanied by proof satisfactory to the Chief Building Official that arrangements have been made with the proper authorities, where applicable, for the disconnection and capping of all water, sewer, gas, electric, telephone or other utilities and services on a form prescribed by the Chief Building Official. 3.5. Where application is accepted at the discretion of the Chief Building Official for a Conditional Permit under Subsection 8.(3) of the Act, the application shall: (a) Be preceded by an application for a Construction Permit set out in 3.3. and filed with the Chief Building Official; (b) Be accompanied by the plans and specifications prescribed by this By- law and any associated information or approvals required to demonstrate compliance with any applicable law; (c) Include a completed Conditional Permit application form as prescribed by the Chief Building Official; (d) State in writing to the Chief Building Official the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; (e) State the necessary approvals which must be obtained in respect of the proposed building and the date or time by which such approvals will be obtained; (f) Be accompanied by a Conditional Permit Agreement form, authorized by Clause 8.(3)(c) of the Act, which must be signed by the owner or an authorized agent who has the authority to bind the owner; (g) In the event that the conditions have not been satisfied beyond the date that is prescribed in a Conditional Permit Agreement, the agreement shall be considered as expired, all work shall stop and a request for an extension shall be made by the permit holder; (h) Be accompanied by a security deposit under the terms of the Conditional Permit Agreement; and Town of Tillsonburg – Building Permit Fee Review Page 28 File P-2807 97 29 (i) In addition to fees prescribed for the Construction Permit application, be accompanied by all Conditional Permit fees that are set out in Schedule ‘A’. 3.6. Consideration of an application for Conditional Permit is at the sole discretion of the Chief Building Official and, if considered, shall not be construed to authorize construction beyond the scope for which conditional approval is given or that a Construction Permit will necessarily be issued. 3.7. Where application is made for a Change of Use Permit issued under Subsection 10.(1) of the Act, the application shall: (a) Include a completed permit application form as prescribed by the Chief Building Official; (b) Be accompanied by the plans and specifications prescribed by this By-law and any associated information or approvals required to demonstrate compliance with the Building Code and any applicable law; (c) Describe the building in which the occupancy is to be changed by a description that will readily identify and locate the building; (d) Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made; (e) Include plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the requirements of the Building Code, including, but not limited to, floor plans, details of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities and details of the existing on-site sewage system, if any; (f) Be accompanied by a report from a qualified person as prescribed by the Building Code confirming that the change of use will not result in an increase in hazard; (g) Be accompanied by all fees that are set out in Schedule ‘A’; and (h) State the name, address, telephone number, fax number and email address of the owner. 3.8. To obtain an Occupancy Permit as required by Division C, Subsection 1.3.3. of the Building Code, the owner or authorized agent shall: (a) Notify the Chief Building Official of the of completion of construction required to permit the occupancy of a building; (b) Describe the part of the building for which occupancy is requested; (c) Submit plans showing portion(s) of the floor area(s) to be occupied complete with location(s) of temporary exits as applicable; (d) Submit all general review reports where the Building Code requires the construction to be reviewed by an architect and/or a professional engineer; and 3.9. A building shall not be occupied, permitted to be occupied or commissioned into service without the written authorization from the inspector. 4. Plans and Specifications - General Town of Tillsonburg – Building Permit Fee Review Page 29 File P-2807 98 30 4.1. Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed construction, demolition or change of use will conform to the Act, the Building Code, this by-law and any other applicable law. 4.2. Each application for a Construction, Demolition or Change of Use Permit shall be accompanied by two (2) complete sets of the plans and specifications as set out in Schedule ‘B’ in order for an application to be deemed as complete. 4.3. Each application for a Conditional Permit shall be accompanied by two (2) additional sets of legible plans and specifications sufficient to describe the scope of work covered by the Conditional Permit. 4.4. Plans shall be drawn to a suitable and legible scale (minimum 1:75 or 3/16"=1'-0”) on paper or other durable medium approved by the Chief Building Official and shall include information as set out in Schedule ‘B’ unless otherwise specified by the Chief Building Official. 4.5. At the discretion of the Chief Building Official, submission of digital drawings, designs and specifications may be considered where: (a) The file is formatted to print on not greater than 11 inch x 17 inch size paper to retain the original scale of the document; and (b) The format of the digital file is suitable to the Corporation. 5. Incomplete Application 5.1. Except as provided in Subsection 6.2 of this by-law, a permit application that does not meet all of the requirements of Section 3 of this By-law shall be denied without further review. 5.2. Where the Chief Building Official determines that a permit application is incomplete, the Chief Building Official may accept the application if the applicant acknowledges that the application is incomplete. 5.3. Where an applicant declares or acknowledges that a permit application is incomplete, the Chief Building Official shall not be bound by the timelines prescribed by the Building Code within which a permit must be issued or refused. 5.4. The applicant shall be notified in writing where a review by the Chief Building Official or inspector has determined information is missing or non-compliant with any provisions of the Act, building code or this By-law. 5.5. Where it is determined that the applicant has not made satisfactory progress to submit required information within 30 days of being notified by the Chief Building Official or inspector, written notice thereof shall be given to the applicant. 5.6. If an incomplete application is deemed to be abandoned as determined by the Chief Building Official, a new application must be submitted as set out in Section 3 for all proposed work. 6. Withdrawing a Permit Application 6.1. A permit holder may request, in writing, that an application for permit be withdrawn prior to issuance of a permit. 6.2. All plans, specifications and documents submitted in support of an application for permit shall remain the property of the Corporation. Town of Tillsonburg – Building Permit Fee Review Page 30 File P-2807 99 31 7. Revocation of Permit 7.1. Prior to revoking a permit under Subsection 8.(10) of the Act, the Chief Building Official may serve a notice to the last known address to the permit holder, and, following a 30 day period from the date of service, may revoke the permit without further notice. 7.2. The Chief Building Official may consider a written request by the permit holder to defer revocation of a permit if the request: (a) Is received by the Chief Building Official prior to the end of the 30 day period described in Subsection 8.1; and (b) States the reasons why the permit should not be revoked and the date by which meaningful and substantial work will resume. 7.3. The Chief Building Official, having regard to any material changes to the Act, Building Code or other applicable law, may allow a deferral of revocation of a permit. 7.4. Subject to Section 25 of the Act, the Chief Building Official is under no obligation to defer revocation of a permit. 8. Revisions 8.1. Where the design or scope of work authorized by an issued permit changes, the owner shall submit sufficiently detailed and revised plans and specifications, as set out in Section 4, that describe the proposed work prior to carrying out the proposed work. 8.2. Sufficient material changes to the design or scope of work may constitute the need for a new application for permit as determined by the Chief Building Official. 8.3. A revision to a permit application, or an issued permit shall be accompanied by all fees as set out in Schedule ‘A’. 9. Transfer of Permit 9.1. An issued permit may be transferred to a new owner by the Chief Building Official where the new owner provides: (a) A completed Transfer of Permit form prescribed by the Chief Building Official; (b) A written statement agreeing to comply with all statutes, regulations, applicable laws and conditions of approval upon which the permit was issued; (c) A written statement from the designer authorizing the continued use of all drawings, specifications and documents associated with the issued permit; (d) A completed Commitment to General Reviews form as prescribed by the Chief Building Official when the Building Code requires the work be reviewed by an architect or a professional engineer; and (e) Payment of fees for transfer of permit as set out in Schedule ‘A’. 10. As-Constructed Plans and Documents 10.1. On completion of the construction, the Chief Building Official may require: Town of Tillsonburg – Building Permit Fee Review Page 31 File P-2807 100 32 (a) A set of as-constructed plans be filed with the Chief Building Official, and/or (b) A plan of survey showing the location of the building or buildings. 10.2. As set out in Section 18 of the Act, an inspector may require information, including plans, specifications, reports or documents, from any person in order to confirm compliance with any Building Code and/or applicable law requirement. 11. Alternative Solutions 11.1. The Chief Building Official may authorize the use of an alternative solution where a designer provides, for each alternative solution that is proposed: (a) By submitting a completed Alternative Solution Application form as prescribed by the Chief Building Official; (b) Submitting description of the proposed material, system or building design for which authorization as an alternative solution is requested; (c) Submitting a description of the applicable objectives, functional statements and acceptable solutions as set out in the Building Code; (d) Providing supporting documentation, past performance or tests described in Division C, Section 2.1. of the Building Code or other evaluation demonstrating that the proposed material, system or building design will provide the level of performance required by Division A, Article 1.2.1.1. of the Building Code; and (e) By paying the prescribed fee as set out in Schedule ‘A’ and in addition, where required, paying the costs of a third party review. 11.2. Where an alternative solution has been authorized, the Chief Building Official may impose conditions and/or limitations. 11.3. Alternative solutions authorized by the Chief Building Official shall be applicable only to the location as described in the application and are not transferrable to any other permit. 12. Fees 12.1. Fees shall be determined by the Chief Building Official as set out in Schedule ‘A’ and are due and payable by the applicant upon submission of an application for permit in addition to any development charges, levies and fees that are deemed to be applicable law. 12.2. For classes of permits not described in Section 3 or where no fee exists in Schedule ‘A’, a reasonable fee shall be determined by the Chief Building Official by considering all administration, plan review and inspection costs. 12.3. Where fees are due as a result of revisions after a permit has been issued, no inspections associated with the said revisions shall be passed until: (a) The revisions are approved by the Chief Building Official or inspector; and (b) Additional fees have been paid in full. Town of Tillsonburg – Building Permit Fee Review Page 32 File P-2807 101 33 12.4. Where work occurs prior to the issuance of a permit, an additional surcharge equalling 100% of the permit fee described in this Section to a maximum of $5,000, shall be payable by the applicant. 12.5. The permit fees as set out in Schedule ‘A’ presumes a single submission of complete plans and specifications and a single inspection of each prescribed stage of construction as set out in the Building Code and this By-law. Additional service fees as set out in Schedule ‘A’ shall be invoiced when additional resources to review additional drawings and/or to re-inspect work are consumed. 13. Refunds 13.1. In the case of a cancelled permit or withdrawn, inactive or abandoned permit application, the Chief Building Official shall determine the amount of paid fees as set out in Schedule ‘A’ that may be refunded to the Applicant, if any, as follows: (a) 90% if administrative functions only have been performed; (b) 80% if administrative and zoning functions only have been performed; (c) 60% if administrative, zoning and plans examination functions have been performed; and (d) 50% if the permit has been issued. 13.2. Upon calculation of a refund determined in Subsection 13.1, the refund value shall be reduced by 5% for each field inspection that has been performed in relation to an application for permit or an issued permit. 13.3. The percentage of fee to be refunded as set out in Subsection 13.2 shall not include the additional surcharge calculated as a result of construction, demolition or change of use occurring prior to the issuance of a permit. 13.4. Any authorized refund shall be returned to the person identified on the receipt. 13.5. The occupancy deposit fee shall be refunded to the person identified on the receipt provided all construction is complete, inspected and passed within 6 months of the building being occupied or the occupancy permit being issued, whichever occurs first. 13.6. A deposit that has been paid for an application for Demolition Permit shall be refunded to the person identified on the receipt where inspections confirm the following within 6 months of issuance of the permit: (a) The demolition of the building is complete; (b) All general review letters, where required, have been received by the Chief Building Official; (c) All demolition material and debris has been removed from the property; (d) Capped water and sewer services have been inspected and passed. 13.7. No refund shall be made where the paid permit fee is less than $100.00. 14. Recovery of Fees 14.1. In addition to every other remedy available at law, fees that are due and unpaid may be added to the tax roll of the property of the Owner, and may be collected in like manner as municipal taxes. Town of Tillsonburg – Building Permit Fee Review Page 33 File P-2807 102 34 15. Fee Adjustments 15.1. Immediately upon release of the Consumer Price Index by Statistics Canada, all services fees as set out in Schedule ‘A’ shall be adjusted by the Consumer Price Index and shall be; (a) Rounded to the nearest cent where the fee is based on an area or linear measurement calculation; and (b) Rounded to the nearest dollar for all other fees. 15.2. Adjusted fees shall be posted on the corporation’s web site and available from the Building Division. 16. Notices and Inspections 16.1. The permit holder or an authorized agent shall notify the Chief Building Official of readiness to inspect the required stages of construction as prescribed by Division C, Sentence 1.3.5.1.(2) of the Building Code. 16.2. In addition to Subsection 18.1., the permit holder or an authorized agent shall notify the Chief Building Official of readiness to inspect the following stages of construction as prescribed by Division C, Sentence 1.3.5.2.(1) of the Building Code: (a) Commencement of construction of the building; (b) Substantial completion of structural framing for each storey, if the building is a type of building that is within the scope of parts of the Building Code other than Division B, Part 9; (c) Commencement of construction of; (i) masonry fireplaces and masonry chimneys; (ii) factory-built fireplaces and allied chimneys; or (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys; (d) Substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment; (e) Substantial completion of exterior cladding; (f) Substantial completion of the pool deck and dressing rooms for a public pool or public spa and readiness for inspection of the emergency stop system for a public pool or public spa; (g) Completion and availability of drawings of the building as constructed; and (h) Completion of a building for which an occupancy permit is required under Division C, Article 1.3.3.4 of the Building Code. 16.3. The notice required in Subsections 16.1. and 16.2. shall be: (a) Emailed to www.tillsonburg.ca; (b) By voice message to the Building Division’s dedicated inspection request phone line as published on the Town’s web site; or Town of Tillsonburg – Building Permit Fee Review Page 34 File P-2807 103 35 (c) In writing to the office of the Chief Building Official. 16.4. A notice pursuant to Subsections 16.1. to 16.3. is not effective until the notice is actually received by the Chief Building Official or designate. 16.5. Upon receipt of notice of readiness to inspect as set out in this Section, the Chief Building Official or an inspector shall undertake a site inspection: (a) No later than two (2) business days after receipt of the notice by the Chief Building Official or designate, or 16.6. The time period referred to in Subsection 16.5 shall begin on the business day following the day on which the notice is received. 16.7. The permit holder shall facilitate safe access for inspection of the work. 16.8. A copy of the actual plans issued in support of a permit shall be available to the inspector when requested. 16.9. Re-inspections of deficient or incomplete work shall be subject to an additional service fee as set out in Schedule ‘A’. 17. Delegated Authority to Chief Building Official 17.1. The Council of the Corporation hereby delegates to the Chief Building Official the power to enter into agreements prescribed by the Corporation and described in clause 8.(3)(c) of the Act relating to the issuance of a Conditional Permit. 17.2. Where the Corporation enters into an agreement with a Registered Code Agency, the Chief Building Official is authorized to enter into a service agreement with a Registered Code Agency to perform one or more of the functions prescribed in Section 15.15 of the Act in respect of the construction or demolition of a building or class of buildings. 18. Fences at Construction and Demolition Sites 18.1. Where, in the opinion of the Chief Building Official or inspector, a construction or demolition site presents a hazard to the public, the Chief Building Official or inspector may require the owner to erect such fences as the Chief Building Official or inspector deems appropriate to the circumstances to prevent unauthorized entry to the site. 18.2. In considering the hazard presented by the construction or demolition site to be fenced, the Chief Building Official or inspector shall have regard for: (a) The proximity of the building site to other buildings that are occupied; (b) The proximity of the construction or demolition site too lands accessible to the public; (c) The hazards presented by the construction or demolition activities and materials; (d) The effectiveness of site fences; and (e) The duration of the hazard. 18.3. Every fence required under this By-law shall: Town of Tillsonburg – Building Permit Fee Review Page 35 File P-2807 104 36 (a) create a continuous barrier to sufficiently deter unauthorized entry to the construction or demolition site to the satisfaction of the Chief Building Official or inspector (b) be erected and maintained in a nominally vertical plane and maintained in good repair; and (c) be a minimum of 1.2 m in height and shall not exceed the maximum height as set out in the Corporation’s Zoning By-law. 19. Offences and Penalties 19.1. Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided in Section 36 of the Act, 1992, S.O. 1992, c.23, as amended. 20. Validity 20.1. In the event that any provision of this By-law is declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the remaining provisions of this By-law. 21. Interpretation and Implementation 21.1. Schedules A and B attached hereto shall form part of this By-law. 21.2. This By-law comes into force on the day of its enactment. 21.3. By-law 3198 as amended, of the Corporation of the Town of Tillsonburg is hereby repealed. Passed in Open Council on ______________, 2016 ________________________________ Mayor ________________________________ Clerk Town of Tillsonburg – Building Permit Fee Review Page 36 File P-2807 105 37 Schedule A – Permit and Miscellaneous Fees Town of Tillsonburg – Building Permit Fee Review Page 37 File P-2807 106 38 Town of Tillsonburg – Building Permit Fee Review Page 38 File P-2807 107 39 Class of Permit Metric Imperial A New Construction 1 Assembly Occupancies - Group A $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.2 2 Institutional Occupancies - Group B $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.3 3 Residential Occupancies - Group C a Single Family, Semi--detached, duplex $2,679.25+ $6.02/m2 > than 204.38 m2 $2,679.25 + $0.56/ft.2 > than 2,220 ft.2 b.Multiple $2,272.76+ $6.02/m2 > than 204.38 m2 $2,272 + $0.56/ft.2 > than 2,220 ft.2 c.Mobile Home $579.44 + $6.02/m2 > than 204.38 m2 $579.44+ $0.56/ft.2 > than 2,220 ft.2 d.Residential Additions and Major Alterations $2,162.56 + $6.02/m2 > than 204.38 m2 $2,162.56 + $0.56/ft.2 > than 2,220 ft.2 4 Business/Personal Services Occupancies - Group D $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.2 5 Mercantile Occupancies - Group E $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.3 6 Industrial Occupancies - Group F $4,528.63 + $10.44/m2 > than 232.25 m2 $4,528.63+ $0.97/ft.2 > than 2,500 ft.2 7 Special Occupancies Categories a. Tents 125.00$ 125.00$ 8 Accessory Buildings/Structures 125.00$ 125.00$ a.Garage/carport, deck, patio, sunroom, shed, boathouse, other accessory building $125 + $0.1.67/ft.2 > 300 ft.2 b.Swimming pool Aboveground pool 150.00$ 150.00$ Inground pool 350 350.00$ c.Designated Buildings/Structures 975.23$ Class of Permit Metric Imperial B.Alterations & Repairs 1 Interior Major Alterations/Repairs/Tenant Improvements a.Assembly Occupancies - Group A $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.504+ $0.97/ft.2 > than 2,500 ft.2 b. Institutional Occupancies - Group B $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.2 c.Industrial Occupancies - Group F $5,331.50 + $10.44/m2 > than 232.25 m2 $5,331.50+ $0.97/ft.2 > than 2,500 ft.2 d.Minor Alterations - Groups A, B, D, E & F $500.00 + $24.00/m2 > than 139.35 m2 $500.00+ $2.23/ft.2 > than 1,500 ft.2 2 Fireplace, woodstove, insert, chimney. Solid fuel applicance 250.00$ 3 Construction of barrier free facility nil C.Demolition Town of Tillsonburg – Building Permit Fee Review Page 39 File P-2807 108 40 Class of Permit Metric Imperial B.Alterations & Repairs 250.00$ 1 Interior Major Alterations/Repairs/Tenant Improvements a.Assembly Occupancies - Group A $1,802.77 + $4.55/m2 > than 232.25 m2 $1,802.77 + $0.49/ft.2 > than 2,500 ft.2 b. Institutional Occupancies - Group B $1,802.77 + $4.55/m2 > than 232.25 m2 $1,802.77 + $0.49/ft.2 > than 2,500 ft.2 d.Industrial Occupancies - Group F $1,802.77 + $4.55/m2 > than 232.25 m2 $1,802.77 + $0.49/ft.2 > than 2,500 ft.3 2 Alter/replace roof structure $ 250.00 3 Fireplace, woodstove, insert, chimney. Solid fuel applicance 250.00$ 4 Construction of barrier free facility nil C.Demolition 1. Part 9 (Residential)250.00$ 2. Other 1,093.83$ D.Miscellaneous 1 Partial Occupancy 250.00$ 2 Change of Use 250.00$ 3 a. Transfer Permit 250.00$ b. Deferral of Permit 250.00$ 4 Move a building 250.00$ 5 Conditional Permit, Temporary Permit 250.00$ 6 Conditional Permit Agreement 250.00$ 7 Occupancy Permit (residential)100.00$ 8 Occupancy Permit (non- residential)$400.00 9 Foundation only Plumbing County County 10 Alternative Solution Review 500.00$ E.Administrative 1 Occupant Load Inspection and Report 250.00$ 2 Occupant Load Inspection and Report $65/hour 3 Re-inspect, defective and incomplete work $65/hour 4 Issue Order to Comply/Deficiency Report 100.00$ 5 Transfer Permit 250.00$ 6 After Hours Inspection $65/hour, minimum 2 hours 15% of applicable class above Town of Tillsonburg – Building Permit Fee Review Page 40 File P-2807 109 41 Schedule B – Plans, Documents and Specifications Town of Tillsonburg – Building Permit Fee Review Page 41 File P-2807 110 42 Part 1 Class of Permit (from 2.1. of this By-law) Type of Permit Drawings and Supporting Documents (see Schedule B, Part 2) Construction New and Additions, all groups a. Site plan b. Architectural c. Structural d. Mechanical/electrical e. On-site sewage system f. Supporting documents confirming compliance with applicable law and required approvals Interior Alterations and Renovations, all groups a. Site plan b. Architectural c. Structural d. Mechanical/electrical e. On-site sewage system f. Supporting documents confirming compliance with applicable law and required approvals Designated Structures a. Site plan b. Architectural c. Structural d. Mechanical/electrical e. Supporting documents confirming compliance with applicable law and required approvals Temporary Buildings a. Site plan b. Architectural c. Structural d. Mechanical/electrical e. Supporting documents confirming compliance with applicable law and required approvals Demolition Part 9 Buildings a. Site plan b. Supporting documents confirming compliance with applicable law and required approvals Part 3 Buildings a. Site plan b. Structural c. Supporting documents confirming compliance with applicable law and required approvals Conditional a. Supporting documents confirming compliance with applicable law and required approvals Change of Use a. Architectural b. Supporting documents confirming compliance with applicable law and required approvals Town of Tillsonburg – Building Permit Fee Review Page 42 File P-2807 111 43 Class of Permit (from 2.1. of this By-law) Type of Permit Drawings and Supporting Documents (see Schedule B, Part 2) Occupancy a. Supporting documents confirming compliance with applicable law and required approvals Part 2 1. Site Plan a. Legal description, location and orientation of property lines, property dimensions, compass orientation, location and name(s) of all adjacent streets and roads and all rights-of-way and easements. b. Outline of all existing and proposed buildings and structures, building dimensions and their distance to property lines and other buildings. c. Dimensions and location of fire routes, fire department connections, parking and vehicle access. d. Dimensions and location of barrier-free parking, curb cuts, paths of travel to building and building access, retaining walls, swimming pools. e. All existing and proposed services for water, sewer, hydro and gas. f. Top of foundation elevation and the underside of footing elevations for all buildings, and the proposed finished surface grade adjacent to buildings. g. Any additional drawings, information and specifications as determined by the Chief Building Official. h. The scale to which the plan is drawn. 2. Architectural a. Existing and proposed floor plans indicating room and space identification, fire separations, size and dimensions, structural framing of floors and locations of all openings. b. Roof plan showing structural framing, roof slope, drainage and roofing construction details. c. Building elevations showing grade height, floor and ceiling heights, overall building height from average grade, eave heights from average grade, exterior finish materials, window heights and sizes and spatial separation requirements and calculations. d. Construction details of walls, floors, ceilings, roofs, stairs, guards, fireplaces and other significant design details including heights, materials and specifications. e. Location and details of all barrier free facilities and paths of travel. f. Building Code and energy efficiency matrices. g. Any additional drawings, information and specifications as determined by the Chief Building Official. h. The scale to which the plan is drawn. 3. Structural a. Foundation plans, floor and roof framing plans, footing, column and beam schedules, structural details and material specifications. b. Design specifications, live and dead loading, wind and snow loading, earthquake loading, geotechnical report design basis. Town of Tillsonburg – Building Permit Fee Review Page 43 File P-2807 112 44 c. All reinforced concrete work including thickness and strength of concrete and size, spacing, minimum cover and type of reinforcing steel. d. Roof and floor truss drawings sealed by a professional engineer. e. Guard design, where applicable. f. Any additional drawings, information and specifications as determined by the Chief Building Official. g. The scale to which the plan is drawn. 4. Mechanical and Electrical a. Heating, ventilating and air conditioning designs and plans, equipment layout and schedules. b. Heat loss and gain calculations, ventilation design summary and the sizing of heating and cooling equipment, where applicable. c. Sprinkler and standpipe drawings including floor plans, riser diagrams and fire department connections. d. Piping and drainage plans of all above ground and underground plumbing systems. e. Location and specification of lighting, emergency lighting, exit signs, emergency power and fire alarm and detection systems and carbon monoxide detection. f. Methods employed to maintain integrity of fire separations such as damper and fire stopping locations and specifications. g. Any additional drawings, information and specifications as determined by the Chief Building Official. h. The scale to which the plan is drawn, where applicable. 5. On-site Sewage System a. A current site evaluation report. b. Name, address, telephone, fax, email of the person who prepared the evaluation report. c. Name, address, telephone, fax, email, licence number and date of issuance of the on-site sewage system installer and the name of the qualified person supervising the work to be done under the permit. d. Depth to bedrock. e. Depth to zones of saturation. f. Soil properties, including soil permeability, and g. Soil conditions including potential for flooding h. A scaled site plan showing: i. Legal description, lot size, property dimensions, rights-of-way, easements and municipal/utility corridors. ii. Location and clearances of items listed in Column 1 of Tables 8.2.1.5., 8.2.1.6.A., 8.2.1.6.B., and 8.2.1.6.C. of Division C of the Building Code. iii. Location of the proposed on-site sewage system on the property. iv. Location of any unsuitable, disturbed or compacted areas. v. Proposed access routes for maintenance. i. Any additional drawings, information and specifications as determined by the Chief Building Official. Town of Tillsonburg – Building Permit Fee Review Page 44 File P-2807 113 45 6. Supporting Documents The applicant shall submit the following supporting documents to confirm compliance with applicable law and other required approvals: a. A survey of the property prepared by an Ontario Land Surveyor or a professional engineer, when deemed required. b. The registered plan and lot numbers and the municipal address for the property. c. Approval from the Corporation’s Planning Division that the proposed use of the property complies with the municipal Zoning By-law. d. Approval from the Corporation’s Operations and Engineering Department that: i. the lot grading, road access/entrance requirements and fire break controls have been approved, when applicable; ii. the requirements of a Subdivider’s Agreement have been completed satisfactorily with respect to a building permit, when an application for permit relates to an undeveloped lot within a plan of subdivision; and iii. a Development Agreement has been registered, when a property is regulated by site plan control. e. Approval from the Thames Valley Conservation Authority where the proposed development of the property may affect the land as regulated within their jurisdiction. f. Approval from the Ministry of the Environment and Climate Change that the proposed development and use of land satisfies the Ministry’s requirements, if applicable. g. Confirmation that all development charges, lot levies and other charges and fees required by any municipal by-law have been paid in full, where deemed applicable. Note: The Chief Building Official may require more or less of any specified drawings or documents to suit the application being considered. Town of Tillsonburg – Building Permit Fee Review Page 45 File P-2807 114 Town of Tillsonburg Building Permit Fee Review (2016) 115 Building Permit Fee Review •Mandate: •Review 2006 building permit fee schedule •Review permit volumes (2011-2015) •Update fees to reflect current costs using 2016 budget •Recommend new fees to reflect scope of services offered •Draft a new Building By-law 116 Legislative Framework •7(2) Total Fees must not exceed the anticipated reasonable costs to administer and enforce the Act •7(6) Public Notice and meeting required for a proposed change in fees 117 Building Permit Fees GENERAL INTENT OF THE LEGISLATION* •Ensure accountability and transparency in the calculation of fees •Provide full cost-recovery approach designed to offset costs of operating a building departments and related support services •Require public disclosure for changes in fees or new fees *(Building Code Act) 118 Methodology •Review Building Permit Activity (2011-2015) •Review building inspection process •Conduct time allocation assessment for Building Dept. and staff from other Depts. providing support services •Calculate indirect and direct costs for affected departments (utilizing 2016 Municipal budget) •Calculate building permit fees designed to recover costs •Calculate adjustments including addition for sustaining a Cost Stabilization Reserve Fund 119 120 DESIGNING A FEE STRUCTURE Step 1. Calculate Indirect Costs: Administration Enforcement Step 2. Calculate Direct Costs Administration Enforcement Total Costs + Step 3. Calculate Permit Fees 121 DECRIPTION OF INDIRET COSTS •Operating and capital costs of all building permit-related services provided by other municipal departments to the building department. •Includes everything that is part of the “cost of doing business” to support the building administration and enforcement function. 122 Building Department Council CAO HR Finance IT Engineering Support Services 123 Sample Indirect Fee Cost Calculation •Finance Officer: %tage of time spent on building-related duties x #hrs (year) x salary/benefits + overhead •0.72% x 2080 hrs (15 hrs) x S+B = $1,168.65 •2.0% x $140,900 = $2,358.82 Total indirect costs – Finance Officer = $1,168.65 + $2,358.82 or $3,527.47 124 Total Indirect Costs •Council $ 5,538.73 •CAO $ 2,160.07 •HR $ 581.47 •Finance $ 8,354.77 •IT $ 883.02 •Engineering $ 3,262.25 •General Overhead $11,254.15 •Total $32,034.47 125 Total Direct Costs •Building Dept. S&B $ 250,740* •Overhead $ 65,790* •Total $ 316,530 *represents 90% of Building Dept. Costs 126 Total Eligible Recoverable Costs •Total Indirect Costs $ 32,034 •Total Direct Costs $ 250,740 •Total Recoverable Costs $ 348,564 127 Building Permit Fee Calculations •Classification of permit types and services –Occupancy Groups A, B, C, D, E, F –Change of Use, Demolition –Sewage, solid fuel appliances •Time allocation applied to all phases of building inspection process •Time multiplied by hourly rate for S&B and Overhead for direct and indirect costs •Per unit cost derived to determine proposed fee 128 Building Permit Fee Calculations Step 1: Calculate Direct and Indirect Costs Sample Calculation for Single Detached Dwelling Staff Position & Av. # hrs. spent per function (hours) Group ‘C’ Residential singles, 2- unit, cottages, Row, Towns (hours) Cost 1.Plan Review (CBO)0.25 16.97 2. Inspections 0.5 33.93 3. Administration 0.5 33.93 4. Enforcement 1 67.86 1.Plan Review (Deputy CBO) 1.5 68.88 2. Inspections 9 413.28 3. Administration 3 137.76 4. Enforcement 1 45.92 Development Technician 3 120.06 Total # Hours 19.75 $938.59 Total - Direct Costs - Enforcement $'s Cost/Permit Total Direct Costs - Administration $ 65,790.00 197.81 Total - Indirect Costs - Administration $ 32,034.47 96.32 Total - Indirect Costs - Enforcement $ - 0.00 Grand Total $'s 1232.71 Avg# Permits 56 Total Revenue $'s 69,031.51 Grand Total Revenue $'s 129 Building Permit Fee Calculations Step 2: Calculate adjustments 130 A B C D E F G H 1 Class of Permit Base Fee from Table 4 Adjustment for Cross Subsidy1 Add 20% for Reserve Fund to fees in Cl C Pro-rated costs for larger scale projects2 Number of Permits from Table 4 Projected Revenue with 15% for Reserve Fund (= D x F) Projected Revenue with adjustment for Cross subsidy l ( C F)2 Group C, Low Density R id ti l $ 1,232.71 $ 2,232.71 $ 2,679.25 56 $ 150,037.81 125,031.51$ 3 Group C, Mobile Homes $ 482.87 $ 482.87 $ 579.44 0 $ 231.78 193.15$ 4 Group C, Medium, High Density Residential $ 993.97 $ 1,893.97 $ 2,272.76 16 $ 37,273.34 31,061.12$ 5 Group C, Major Alterations $ 902.13 $ 1,802.13 $ 2,162.56 12 $ 26,815.70 22,346.42$ 6 Group C, Minor: deck, minor alterations, residential demolitions,water & sewer connections/repairs, plumbing etc. $ 657.10 $ 108.70 $ 125.00 D + $1.67/ft.2 > than 300/ ft.2 114 $ 14,249.98 12,391.28$ 7 Pools - Inground $ 565.26 $ 291.67 $ 350.00 6 $ 2,099.99 1,749.99$ 8 Pools - Above Ground $ 565.26 $ 130.44 $ 150.00 6 $ 960.01 834.79$ 9 Groups A, B, D, E, Commercial $ 2,442.92 $ 4,442.92 $ 5,331.50 3 $ 13,861.91 11,551.59$ 10 Group F, Industrial $ 1,773.86 $ 3,773.86 $ 4,528.63 2 $ 9,057.27 7,547.72$ 11 Groups A, B, D, E & F Major Alterations $ 2,442.92 $ 4,442.92 $ 5,331.50 21 $ 109,828.99 91,524.16$ 12 Non-Residential Demolitions $ 616.66 $ 434.78 $ 500.00 4 $ 1,799.99 1,565.21$ 13 Groups A, B, D, E & F Minor Alterations $ 1,115.96 $ 416.67 $ 500.00 D + $2.23/ ft.2 > than 500 ft.2 13 $ 6,300.06 5,250.05$ 14 Other Permits: renew, moving building, sign (OBC only) $ 499.33 $ 163.12 $ 187.58 0 $ - -$ 15 Tents $ 499.33 $ 108.70 $ 125.00 40 $ 4,949.99 4,304.34$ 16 Designated Structures $ 548.80 $ 812.69 $ 975.23 32 $ 31,207.31 26,006.09$ 17 Solid Fuel Burning Applicances, plumbing $ 565.26 $ 208.34 $ 250.00 21 $ 5,150.05 4,291.71$ 18 Change of Use $ 648.06 $ 275.00 $ 330.00 0 $ - -$ 19 Total 345 $ 408,674.12 $ 341,357.42 D + $0.56/ ft.2 > than 2,220/ ft.2 D + $0.97/ ft.2 > than 2,500 ft.2 Table 5 - Proposed Building Permit Fee Schedule - Tillsonburg 131 •Eligible Recoverable Costs $348,564 •Revenue without CSRF $341,357 •Revenue with 15% CSRF $408,674 •Revenue generation for CSRF $ 60,110 Revenue Generation 132 Recommendations •That Council adopt a building permit fee regime that includes provision for revenues to be directed to a Cost Stabilization Reserve Fund •That Council continue use of a Cost Stabilization Reserve Fund •That Council adopt the recommended fee structure set out in Table 5 •That Council provide for an annual adjustment in fees based on the Consumer Price Index (CPI) available through Statistics Canada •That Council adopt a new Building By-law 133 Questions? 134 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14, 2016 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Site Plan Approval Rego Management Inc.- 253 Broadway (TSPC 7-168) REPORT HIGHLIGHTS  This Site Plan application has been made to facilitate the construction of a new mixed use building, with commercial uses at ground level and 28 apartment units on the second and third storeys.  The proposed building design is generally consistent with the Central Area Design Study recommendations and guidelines.  The Planning Office is satisfied that the proposed development is appropriate and recommends Council direct staff to approve the site plan. DISCUSSION Background OWNER: Town of Tillsonburg 200 Broadway Street Tillsonburg ON N4G 5A5 APPLICANT: Rego Management Inc. 200 Hespeler Road Cambridge ON N1R 3H3 AGENT: Reinders & Rieder Limited 57 Mill Street North, Suite 201 Brampton ON L6X 1S9 LOCATION: The subject property is described as Lot 944 & Part Lot 945, Plan 500, and Parts 4, 5, & 8 of Reference Plan 41R-6262 in the Town of Tillsonburg. The lands are located on the south west corner of the Broadway and Venison Street intersection, and are municipally known as 253 Broadway Street. Page 1 of 6 135 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14th, 2016 COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Entrepreneurial District, with special policy area permitting increased residential density TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Special Entrepreneurial District Zone (EC-8) SITE PLAN: The Town has received an application for site plan approval to permit the construction of a 3 storey mixed use building within the Central Area. The subject property is approximately 1757.7 m2 (18 920 ft2) and is currently vacant. The applicant proposes to construct a 3 story building, with an approximate gross floor area of 4076 m2 (43 872 ft2). Medical office space for a dental clinic is proposed to occupy the ground floor. The balance of the building is proposed to be used for 28 dwelling units, consisting of one and two bedroom units. In January / February of 2016, Town and County Council approved an Official Plan Amendment permitting increased residential density on the site and a zoning by-law amendment providing relief of various zoning provisions including required rear yard depth, required interior side yard width, required parking, minimum amenity area, maximum lot coverage, landscaped open space, planting strip, loading zone, and location of parking areas. The proposed site plan includes a three storey mixed use building with 40 covered parking spaces and the dental office on the ground floor, and 28 residential apartments within the second and third storeys. Additional parking spaces (5) are proposed to be constructed on the south side of Venison Street, adjacent to the proposed development within the municipal right of way, and Fox Alley is proposed to be extended to Venison Street to serve as a driveway access for the proposed development. Further details on the site plan include parking dimensions, grading and drainage details, building elevations, servicing details, and storm water management details. Surrounding land uses to the north include office and residential uses fronting on Venison St W. and Broadway Street. Lower density residential uses are to the west, and Kelsey’s Restaurant is located adjacent to the south. A funeral home, Canadian Tire store, and the Tillsonburg Town Centre are located to the east and southeast. A municipal parking lot is located to the southwest, adjacent to Fox Alley. Plate 1 – Existing Zoning & Location Map shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2 – Proposed Site Plan, prepared by Reinders & Rieder Limited, shows the proposed site features. Page 2 of 6 136 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14th, 2016 Plates 3-4 – Proposed Building Elevations prepared by Reinders & Rieder Limited, depicts the proposed building elevation on Broadway, Venison Street, and Fox Alley. Plate 5 – Coloured Elevation Plan submitted by Reinders & Rieder Limited, shows the colours of the proposed exterior elevation of the proposed building. Plate 6 – Grading and Servicing Plan, submitted by CJDL Consulting Engineers, provides information about the proposed lot grading, water and wastewater servicing, storm water management, and upgrades to Fox Alley. Plate 7 – Landscaping Plan, submitted by Huron Creek Developments, depicts the proposed landscaping for the site. The Town of Tillsonburg, as the owner of the site, has signed an agreement of purchase and sale and has authorized the applicant to submit this site plan approval application. The following items were submitted in support of this site plan application: • Site Plan- Reinders & Rieder Ltd.; • Grading and Servicing Plan, CJDL Consulting Engineers; • Floor Plans- Reinders & Rieder Ltd; • Building Elevations and Samples- Reinders & Rieder Ltd; • Storm Water Management Report, CJDL Consulting Engineers; • Security Cost Estimate, CJDL Consulting Engineers; • Landscape Plan, Huron Creek Developments; • Lighting Plan, Mighton Engineering; • Water Use Demand, Collins Engineering Group Inc. These reports and plans were circulated to public agencies for review and comment. Application Review Town of Tillsonburg Zoning By-Law 3295 The subject lands are located within the ‘Special Entrepreneurial District Zone (EC-8)’ in the Town of Tillsonburg Zoning By-law. A medical centre and apartment dwelling are permitted uses within the EC-8 Zone. As previously noted, relief of the required interior side yard width, minimum required rear yard depth, maximum permitted lot coverage, minimum required landscaped open space and amenity area, required parking spots, location of parking areas, loading zone spaces and planting strip were granted by Town Council in February 2016 as per approval of By-Law 3998. The proposed site plan is compliant with the EC-8 zoning that applies to the property. Central Area Design Study (2013) The Central Area Design Study was adopted by Town Council in September 2013. The study was the result of a partnership between the Town of Tillsonburg, County of Oxford Community and Strategic Planning Office, and Town of Tillsonburg BIA. The Central Area Design Study inventoried historic and heritage character areas within the Central Area. The purpose of the Central Area Design Study was to establish urban design recommendations which recognize Page 3 of 6 137 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14th, 2016 the importance of the Central Area of the Town of Tillsonburg, and to assist in the development of appropriate policies for the Central Area, which can provide a “building block” for future development with Tillsonburg’s Central Area. The subject property is located within the ‘Main Street Area” and the guiding principles for development in this area are summarized below: • Maintain a consistent street wall; • Create active edges and a vibrant streetscape; • Maximize glazing at street level; • Ensure building entrances address Broadway; • Encourage sidewalk uses where appropriate; • Respect and complement the heritage character of the downtown; • Maintain a consistent proportion and sense of rhythm; • Address side streets, corner sites, and back alleys. Section 3.2 of the Study, New Buildings & Renovations / Additions to Contemporary Buildings, provides guidance for the consideration of new buildings and additions to existing contemporary buildings, in areas with heritage character. The Study recommends that the design of new buildings in areas with a heritage character, should be sympathetic to this heritage character without mimicking existing designs, and should incorporate complementary materials and architectural treatments. The study includes the following items for consideration: • Building height & massing; • Setbacks and stepbacks • Articulation and detailing, • Ground floor heights and uses; • Acceptable and unacceptable building materials; • Roof, cornice & parapets • Appropriate lighting; Relevant excerpts of the Central Area Design Study are included as an attachment to this report. Agency Comments The application was circulated to agencies on August 30th 2015, July 19, 2016, & October 6, 2016. Comments received respecting the application, from the Oxford County Public Works Department, Director of Recreation, Culture & Parks, and Town of Tillsonburg Engineering Services Department have been satisfactorily addressed in the latest site plan submission. The Town Building Services Department indicated that the requirements of the Accessibility for Ontarians with Disabilities Act contained within the Ontario Building Code will be addressed at the building permit stage. The Town Development Commissioner indicated that the comments of support provided for the Official Plan Amendment / Zone Change are still pertinent and the building will be a significant positive addition to the Central Area. The Town of Tillsonburg/ Tillsonburg BIA Façade Improvement Committee provided the following comments respecting the proposed building design: Page 4 of 6 138 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14th, 2016 The design and appearance of the proposed mixed use building complements the heritage theme of the downtown, and the inclusion of high quality materials and significant detail to architectural features such as roof lines, cornices, parapets, and appropriate colours is consistent with the guidance of the Central Area Design Study. The height, massing, and façade of the building will mimic other heritage properties in the Downtown, and the Committee supports the proposed design. Planning Analysis The applicant’s site plan has been circulated to Town and County staff and circulated agencies have indicated that they are satisfied with the proposed plans. With regard to the Central Area Design Study, planning staff note that the structure is consistent with many of the recommendations of the Design Study, including the building height and massing, façade materials and colours, and building location / setbacks. The proposed design complements many of the heritage properties in the Central Area, and has appropriate articulation and detailing, ground floor uses, and roof materials, cornices and parapets. The proposed building is an excellent example of the type of development envisioned by the Central Area Design Study. Concerns were raised during the consideration of the Official Plan Amendment and zone change respecting compatibility concerns between the proposed new building and the existing residential dwelling located at 11 Venison, opposite the extension of Fox Alley. The applicant has met with the owners of the dwelling and the proposed site plan includes a new parking spot constructed to the rear of the dwelling. The construction of Fox Alley that is proposed for this development includes a guide rail adjacent to the dwelling, and fencing to provide privacy for the rear yard amenity area and screening for possible headlight glare. A Sun Shadow study was also submitted that demonstrated no significant shadow impacts are expected. A site plan agreement will be entered into between the Town and the applicant respecting the development of the lands in accordance with the details on the site plan. The applicant is also required to enter into a cash-in-lieu of parking contribution and agreement with the Town for the ten parking spots that the applicant is not able to provide onsite (exclusive of the five parking spaces to be created on Venison Street). Given the foregoing, the Planning Office is satisfied that the proposed development is appropriate and recommends that Town Council direct staff to approve the site plan, conditional upon receipt of required securities, signed site plan agreement, and signed cash in-lieu of parking agreement. Page 5 of 6 139 Report No: CASPO 2016-271 COMMUNITY AND STRATEGIC PLANNING Council Date: November 14th, 2016 RECOMMENDATION 1. That the Council of the Town of Tillsonburg direct staff to approve Site Plan Application TSPC 7-168, to facilitate a 3 storey mixed use development, submitted by Rego Management Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP, Director Page 6 of 6 140 November 9, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 310 Notes NAD_1983_UTM_Zone_17N 15 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 141 SITE AREA =0.191 ha. 1,912.42 m2 PARKING REQUIRED 1 - NON - RESIDENTIAL 1/22m² OF GROSS FLOOR AREA 236.5m² / 22 = 11 2 - DWELLING UNIT IN A PORTION OF A NON-RESIDENTIAL BUILDING 1 / DWELING UNIT = 28 SPACES TOTAL PARKING REQUIRED AS PER MINOR VARIANCE = 39 SPACES PARKING PROVIDED STANDARD SPACES =31 SP (2.7m x 5.5m) =6 SP (3.0m x 5.5) BARRIER FREE PARKING =2 SP Type A: 3.4m x 5.5m (WITH 1.5m AISLE)=1 SP Type B: 2.7m x 5.5m TOTAL =40 SP NO. OF STOREYS:ABOVE=2 3 BELOW=1 BUILDING HEIGHT:13.66 m BUILDING GFA BASEMENT FLOOR (UTILITY) = 75.77 m2 GROUND FLOOR (COMMERCIAL) = 365.17 m2 SECOND FLOOR (RESIDENTIAL) = 1,377.78 m2 THIRD FLOOR (RESIDENTIAL) = 1,377.78 m2 TOTAL = 3,196.50 m2 COVERAGE BUILDING AREA =365.17 m2 19.09 % ASPHALT PAVING =1,349.51 m2 70.57 % LANDSCAPE/OPEN SPACE =197.74 m2 10.34 % TOTAL =1,912.42 m2 100.00 % EXISTING ZONING: ENTERPRENURIAL (EC - 8) SITE STATISTICS 142 143 144 145 AAW:\DRAFTING\WORK\2014\1439\Drawings\1439_Mast.dwg, 08/11/2016 10:36:24 AM, CJDLPC16,1:1 1T O W N O F T I L L S O N B U R GCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comVENISON STREETBROADWAY - HWY. No. 19 FOX ALLEY 146 W:\DRAFTING\WORK\2014\1439\Drawings\1439_Mast.dwg, 08/11/2016 10:37:14 AM, CJDLPC16,1:1 2T O W N O F T I L L S O N B U R GCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com147 148 149 150 151 152 153 154 155 156 Report Title Draft Taxi By-Law Report No. DCS 16-39 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date NOVEMBER 14, 2016 Attachments Current Taxi By-Law 2995 Draft Taxi By-Law 4051 RECOMMENDATION THAT Council receive Report DCS 16-39 Draft Taxi By-Law as information. EXECUTIVE SUMMARY The purpose of this report is to provide an updated draft Taxi By-law for Council review and comment. The Town’s current Taxi By-Law #2995 was last reviewed and adopted by Municipal Council in 2002. Since the last revision, legislative changes, fees, industry advancements and licencing renewal concerns have precipitated the need for an updated by-law. The by-law update provides ease in clarity, licencing efficiencies for taxi companies, alters fees collected for licencing, includes accessibility compliance updates and enhances enforcement provisions. The primary intent and purpose of the by-law is to regulate vehicles for hire in order to provide a safe and secure service along with fair pricing for the public/consumer. In maintaining the intent and purpose of the By-law, the proposed revision regulates to ensure that users are in a safe vehicle with a qualified driver who is adequately insured and will charge a fair price. Tillsonburg is the home of two taxi service companies; KTN Taxi and Why Wait Taxi which are the prime method of public transportation. Between the two companies’; 18 vehicle and 32 driver licenses were issued and registered in 2016. Other forms of public transportation include T:GO which is currently subject to a pilot project ending in March 2017. T:GO information has not been included in the executive summary of this report as it is understood that the T:GO committee has been providing updates to Council on a regular basis. The revised by-law includes the following improvements: - updated to reference proper legislation - definitions updated and added for improved clarity - improved layout and organization - licence application process has been streamlined - tariff cards required in vehicles for identification and fee purposes - Accessibility for Ontarians with Disabilities (AODA) compliance updates - updated licencing fees Page 1 / 6 DCS 16-39 Draft Taxi By-Law 157 - updated enforcement and appeal provisions CONSULTATION/COMMUNICATION During the by-law review and drafting process, staff consulted and communicated through the Municipal Law Enforcement Officers’ Association, local vehicle for hire companies (KTN, Why Wait, T:GO) and other municipalities, particularly Norfolk County as taxi services cross the municipal boarder where licencing is also required. Once drafted, the by-law was circulated to the local vehicle for hire companies (KTN, Why Wait & T:GO) for review and consultation with the exception of licencing fees. The proposed changes and result of the initial consultations are included in the drafted by-law and are identified as an overview in the following table. Overview of Proposed Changes Item Changes Intent and Scope (Section 1) Defines intent and scope of the by-law and provides clarity. Definitions & Interpretation (Section 2) Items are better defined to provide clarity. Current by-law has 18 definitions; proposed by-law has 39. “Vehicle for Hire” defined to encompass all vehicles intended to be regulated. Licensing (Section 3) Licencing Fees Issuance & Expiry Date Group Transportation Vehicle, Limousine, Taxicab Driver’s Licence Gives clarity to the classes of licences, and the requirements to make application. Group Transportation Vehicle licencing added. - 3.4.1, 3.4.2, 3.4.3 Fees prescribed as per the Town’s Rates & Fees By-Law. The expiry date for all annual licenses revised from January 1st to April 15th of each year - 3.2 (c). Same as Norfolk County to streamline and provide companies with efficiencies and savings. Drivers abstract added and must be provided - 3.4.2(d). Suspension/Revocation of Drivers Licence (Section 4) Updated for clarity. Appeal option included. General Provisions - Vehicle (Section 5) Provides clarity related to condition and safety/insurance requirements. Page 2 / 6 CAO 158 General Provisions – Owner/Driver (Section 6) Updated for clarity General Provisions - Fares & Trip Records (Section 7). Fares - Taxi’s Only Accessibility for Ontarians with Disabilities Act Compliance Tariff Cards issued by the Licencing Officer required to be displayed in taxis and group transportation vehicles to identify the set rates for users. 7.1.1 (c). Fares to be proposed and set by the Taxi Business Owners. If the fare/rate cannot be agreed upon or there is another form of conflict the Licencing Officer will forward the information to the Licence Appeal Committee for review. Fares for in town are proposed to be increased to a flat rate of $9.00 with a $1.00 discount for seniors and students (traveling to and from school only). Current rate is $ 8.00 with a $1.00 discount as noted above. Service animals permitted– 7.1.2.(c); No additional fees permitted to be charged for the storage of mobility aids/devices and or service animals - 7.1.3 Insurance (Section 8) A standard Automobile Insurance Policy providing third party liability of at least $2,000,000. 8.1(a) Ten (10) day’ notice of any proposed cancellation or variation of the policy. 8.1 (b) Appeal Process (Section 10) Appeal process included along with Appeals Committee. Enforcement and Penalties (Section 10) Application to the court will be made for short form wording offences once the by-law receives approved. LICENCING FEES The following licencing fee information was not complete or available at the time of consultation with the vehicle for hire companies. Any comments or direction will need to be reviewed by staff as a result of this public meeting and will be brought back before Council prior to the endorsement of the new by-law. Any new or proposed changes in fees will require approval through the 2017 Rates and Fees By-Law process. Page 3 / 6 CAO 159 The by-law review process identified that licencing fees have not been amended since 2002 and therefore were evaluated. Staff reviewed the licencing process and the table below sets out the approximate cost to deliver licencing services for business owners, vehicles and drivers. Approximate Cost of Licence Administration Class Business Owner Licence (Annually) Driver Licence (Annually) Vehicle Licence (Annually) Group Transportation* $72.40 $66.05 $87.80 (New) $79.44 (Renewal) Accessible Taxicab/Taxicab Limousine $72.40 Based on the current licensing fees and the approximate cost to administer it is clear that the licencing service has been subsidized. The table below identifies the existing fees and the fees proposed to be amended in the 2017 Rates and Fees By-law which include a reduced subsidized rate for taxi cab business owners, vehicles and drivers. Proposed Licencing Fees Class Business Owners Licence (Annually) Drivers Licence (Annually) Vehicle(s) Licence (Annually) EXISTING PROPOSED EXISTING PROPOSED EXISTING PROPOSED Group Transportation* N/A $50.00 N/A $35.00 - $75.00 $50.00 (renewal) Accessible Taxicab/Taxicab N/A $50.00 $25.00 $15.00 (renewal) $35.00 $35.00 $65.00 $50.00 (renewal) Limousine N/A $70.00 $25.00 $15.00 (renewal) $65.00 $35.00 $72.00 * By-law includes an exemption for non-profit group transportation vehicles - 3.3 (h) Misc. Fees Appeal Application – $100.00 Replacement Driver ID – $15.00 Taxi Plate Replacement – $20.00 Page 4 / 6 CAO 160 Due to a possible concern in the licencing fee increase; staff compiled information from other municipalities as a comparison. The municipal comparisons are noted in the following table and the information indicates that the proposed fees remain competitive. Municipal Licencing Fee Comparisons Class Norfolk Woodstock St. Thomas Stratford Ingersoll Collingwood Alymer Orangeville Port Hope Business Owner’s Licence Taxi/Limo $110.00 $1000 (One time fee) $1000.00 Renewal: $100.00 $1500.00 Renewal: $100.00 $50.00 $5000.00 Taxi $2500.00 Limo (One time fee) $125.00 $130.00 Renewal $50.00 $105.00 Taxi/Limo Driver $45.00 $90.00 $100.00 $75.00 Renewal $50.00 $25.00 $75.00 Renewal $50.00 $22.60 $35.00 $45.00 Taxi/Limo Vehicle $80.00 $140.00 $100.00 $100.00 $50.00 $150.00 $35.00 $50.00 $105.00 Accessibility for Ontarians with Disabilities Act (AODA) Requirements The proposed by-law includes provisions to ensure compliance with the requirements set out in the Accessibility for Ontarians with Disabilities Act. The updated bylaw prohibits taxi owners and operators from charging an extra fee for passengers with a disability. It also prohibits taxi owners and operators from charging an additional fee to transport mobility aids such as wheelchairs and includes the allowance of guide dogs/service animals. Ride Share In review of ride share programs/companies it was determined that the service offered is typically limited to larger municipalities and cities. In review of the ride share businesses model and in consultation with similar sized municipalities staff determined that ride share does not need not be addressed specifically in the by-law at this time. In the event that this type of business is proposed; the company, drivers and vehicles would meet the proposed definition of a vehicle for hire and would need to licence accordingly. Miscellaneous The consultation with vehicle for hire companies identified that there is a need for designated pick up and drop off zones within the Town, particularly around the Tillsonburg Town Centre Mall. This information is being reviewed by staff and will be presented in a future report. Page 5 / 6 CAO 161 FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT Culture & Community – 4.3 - Provide opportunities for families to thrive: - explore viability of alternative transportation options. - implement a suitable transportation program and support the program through Town- wide marketing. Page 6 / 6 CAO 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Page 1 of 24 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER #### A BY-LAW for the licensing, regulating and governing of vehicles for hire within the municipality, including Group Transportation Vehicles, Limousines, Accessible Taxicabs, Taxicabs, owners and drivers. WHEREAS subsection 151(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (Municipal Act, 2001), provides that without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may: (a) Prohibit the carrying on or engaging in the business without a licence; (b) Refuse to grant a licence or to revoke or suspend a licence; (c) Impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) Impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence; (e) Impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; (f) License, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and (g) Require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality. 2006, c. 32, Sched. A, s. 82. AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1-4) applies with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS subsection 156(1) of the Municipal Act, 2001 authorizes a municipality in a by-law under with respect to the owners and drivers of taxicabs to: (a) Provide for the collection of the rates or fares charged for the conveyance; and (b) Limit the number of taxicabs or any class of them. AND WHEREAS the Council of the Corporation for the Town of Tillsonburg considers it in the public’s interest for the purposes of health and safety and in the interest of consumer protection to pass such a by-law; AND WHEREAS the Council of the Corporation for the Town of Tillsonburg delegates the legislative powers under this By-law to the Licencing Officer, including without limitation the power to issue and impose conditions on a licence, as such power is minor in nature with regard to the number of people, the size of geographic area and the time 180 Page 2 of 24 period affected by an exercise of the power in accordance with subsections 23.2 (4-5) of the Municipal Act, 2001; NOW THEREFORE Council hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the “Taxi By-law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Group Transportation Vehicle, Limousine and Taxicab Owners, Drivers and Vehicles used for hire or any class or classes thereof within the Town of Tillsonburg. SECTION 2 DEFINITIONS & INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: “Accessible Formats” means an alternate format that allows people with disabilities to access information in a manner other than how the format was originally delivered, and may include, but is not limited to, large print and Braille; “Accessible Taxicab” means a class of taxicab which is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, as defined in Section 1 of R.R.O. 1990 Regulation 629: Accessibility Vehicles made under the Highway Traffic Act; “Accessible Taxicab or Taxicab Driver” means a person who is licenced as such or required to be licenced as such under this By-Law and includes a taxicab owner who drives a taxicab; “Accessible Taxicab or Taxicab Owner” means a person who is licensed as such or required to be licenced as such under this By-law and includes a lessee, licenced under this By-law of a taxicab owner’s vehicle; “Accessible Taxicab or Taxicab Plate” means an identification plate issued by the Town containing the words “TAXI”, “Town of Tillsonburg”, a number and current year sticker, to be attached to the rear of the taxicab, and for accessible taxicabs only, a sticker showing the international symbol of accessibility; 181 Page 3 of 24 “Annual Licence” means a licence issued to the applicant which expires at 11:59 p.m. on April 14th of a given year. “Applicant” means an individual, proprietorship, limited partnership or corporation that applies for a Licence under this By-Law with the Town of Tillsonburg; “Call” within the meaning of this By-law shall include a request or direction for the use of a taxicab transmitted by radio, or by personal request of a prospective passenger or received in any other manner. “Carry on” when used in reference to a taxicab business means to continuously operate, engage, drive, or make a taxicab available for the conveyance of passengers or property for hire or reward and includes waiting for, accepting, or dispatching orders; “Clerk” means the Clerk of the Corporation of Town of Tillsonburg; “Conveyance” means to carry, transport, transfer or move. “Council” means the municipal Council of the Corporation of Town of Tillsonburg; “Driver” means a person who is licenced to drive a motor vehicle pursuant to this By- law; "Fare" means the amount of money required for payment for the conveyance of passenger(s) or product(s); “Group Transportation Vehicle” means a vehicle which is available for providing a conveyance service for a fare and operates on an established route and flex route schedule. Passengers are picked up along the established route/flex route and pay the fare upon embarking on the Group Transportation Vehicle. This does not include an Accessible Taxicab, Taxicab, Limousine, or Public Vehicle as defined in the Public Vehicles Act. “Group Transportation Vehicle Driver” means a person who holds a Group Transportation Vehicle Driver’s Licence as issued under this By-law; “Group Transportation Vehicle Owner” means a person, proprietorship, limited partnership, corporation or other entity who holds a Group Transportation Vehicle Owner licence as issued under this By-law which carries on the business of transporting passengers for a fare in the Town of Tillsonburg; "Licence" for the purpose of this By-law, refers to a valid and current licence as issued by the Town of Tillsonburg which permits a person to carry on or engage in the passenger conveyance business and is also a requirement for the Drivers of Group Transportation Vehicles, Limousines and Taxicab and for each Vehicle licenced under the provisions of this By-law. Licences shall expire at 11:59 p.m. on April 14th of a given year; “Licencee” is the holder of a valid and current Licence as issued by the Town of Tillsonburg under this By-law; “Licence Appeal Committee” means a committee comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce whose role is to review and make a decision in regards to an appeal submitted by an Applicant or Licensee. "Licencing Officer” means the Municipal By-law Officer for the Town of Tillsonburg; 182 Page 4 of 24 “Limousine” means a motor vehicle kept or used for hire for the conveyance of Passengers by reservation only and solely on an hourly basis, which has seating for no more than the manufacturer’s specified number of Passengers and a sufficient number of seat belts for each Taxi Driver and Passenger, and shall not include a Taxicab; “Limousine Driver” means a person who holds a Limousine Driver’s Licence as issued under this By-law; “Limousine Owner” means a person, proprietorship, limited partnership, corporation or other entity which holds a Limousine Owner’s Licence as issued under this By-law which carries on the business of transporting passengers in the Town of Tillsonburg; “Motor Vehicle” means a motor vehicle defined in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended; “Municipal Law Enforcement Officer” means the person(s) so appointed by the Council of the Corporation of Town of Tillsonburg, and for the purposes of this By-Law shall include a member of the Oxford O.P.P. or appropriate police agency; “Non-Profit/Not-For Profit Organization” means an organization with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, are able to provide their not-for-profit number and operate within the Town of Tillsonburg. “Passenger” means any person(s) in a taxicab, limousine or Group Transportation Vehicle other than the driver who has hired the owner or driver for (a trip) for the purposes of transporting them from one location to another; “Person” includes any individual, partnership, firm, association or corporation; “Police Security Clearance Record Check” means particulars of a criminal record which shall include a: (a) Vulnerable sector police search and search of the pardoned sexual offender’s data base, dated within thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; “Public Vehicle” means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the limits of one local municipality, as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54; “Service Animal” means an animal that is (a service animal for a person with a disability) trained to perform specific functions and services to assist a person with a disability, (a) If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability; (c) And shall include a guide dog as defined in Section 1 of the Blind Persons Rights' Act, R.S.O. 1990, Chapter B.7. 183 Page 5 of 24 “Tariff Card” means a card which displays the current Fares/Rate Schedule of the Vehicle for Hire business as approved and issued by the Licencing Officer; “Taxicab” means a motor vehicle hired for the transportation of a passenger(s) for a fare, but shall not include a public vehicle as defined by the Public Vehicles Act, R.S.O. 1990, c. P.54, as amended; “Taxicab Owner” includes an owner or lessee of a taxicab vehicle, and includes any person, proprietorship, limited partnership, corporation or other entity which carries on the business of transporting passengers in the Town of Tillsonburg; “Taximeter” means a measuring device used in a taxicab to calculate the fare payable for a trip; “Town” means The Corporation of Town of Tillsonburg; “Trip” means the conveyance of a passenger(s) and/or product(s) from one location to another as agreed upon between the vehicle driver and passenger(s); “Vehicle for Hire” means a Group Transportation Vehicle, Limousine or Taxicab as described within this By-law which is used for the purpose of conveying passengers or products from one location to another for an established fee. This does not include delivery or courier vehicles, courtesy vehicles, Red Cross, CMHA, or Community Living, with the exception of T:Go Bus or similar types of organizations. SECTION 3 LICENCING 3.1 Classes of Licences (a) The following classes of licences are required for the operation of a Vehicle for Hire in the Town of Tillsonburg and the licence holder shall procure and maintain a licence(s) in good standing: (i) Group Transportation Vehicle/Limousine/Taxicab Business Owner (ii) Group Transportation Vehicle/Limousine/Taxicab Driver (iii) Group Transportation/Limousine/Taxicab Vehicle 3.2 Issuance & Expiry of Licences (a) All licences issued shall be signed by the Licencing Officer, or designate, and the signature may be stamped, printed or mechanically reproduced on the Licence; (b) All licences shall be in a form approved by the Town of Tillsonburg, as may be amended from time to time; (c) The Expiry Date for all Annual Licences issued under this By-law shall be April 14th at 11:59 p.m of each year. 184 Page 6 of 24 3.3 General Licencing Regulations (a) For the purposes of this By-Law a person, proprietorship, limited partnership, corporation or other entity is carrying on or engaging in the Vehicle for Hire business when: (i) Providing a conveyance service wholly within the Town of Tillsonburg or from any point in the Town of Tillsonburg to any point outside the Town of Tillsonburg; or and (ii) The usual business address of the person, proprietorship, limited partnership, corporation or other entity which is the registered owner of the Vehicle for Hire business, is within the Town of Tillsonburg. (b) No person, proprietorship, limited partnership, corporation or other entity shall act as a business Owner for the purpose of providing Vehicles for Hire as provided for under this by-law without being licenced; (c) No person shall operate a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licenced as a Driver under this By-law; (d) No motor vehicle shall be operated as a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licensed under this By-law; (e) No Licences issued under subsection (a-c) are transferable; (f) A Vehicle for Hire Business Owner shall not permit any person to operate a vehicle registered to that business as included under the Licence for that business for the purposes of conveying passengers or products within the boundaries of the Town of Tillsonburg unless both the vehicle and driver hold a valid and current Licence issued by the Town of Tillsonburg. (g) An application for a Licence or the issuance of a Licence pursuant to the provisions of this By-law does not relieve the applicant or licencee as the case may be, from the obligation to comply with all other applicable by- laws of the Town of Tillsonburg and laws of the Province of Ontario and the Government of Canada. (h) Non Profit/Non- for- Profit organizations are exempt from the prescribed Licence Fees. 3.4 Applying for a Licence 3.4.1 Group Transportation Vehicle, Limousine & Taxicab Business Owner Licence Each Group Transportation Vehicle, Limousine or Taxicab Business Owner in the Town of Tillsonburg, shall submit the following information to the Licencing Officer when applying for or renewing a licence to operate a Vehicle for Hire Business; (a) A completed application form; 185 Page 7 of 24 (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) The particulars of a criminal record which shall include a Vulnerable Sector police search and search of the pardoned sexual offenders database, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) A Vehicle for Hire driver’s licence must be obtained as per section 3.4.2 if the Business Owner intends to operate a vehicle; (e) A Certificate of Insurance in the amount of $2,000,000.00. 3.4.1.1 Change of Ownership: (a) A Licencee, including a person, partnership, firm, association or corporation, shall notify the Licencing Officer a minimum of fifteen (15) business days prior to any change in the actual or legal control of the business to which the Licence relates; (b) In all cases relating to the change of the legal control of a business, the issuance of a new Business Licence is required. (c) All information must be submitted in full a minimum of ten (10) business days prior to the issuance of a Group Transportation Vehicle, Limousine or Taxicab Owners Licence. 3.4.1.2 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Business Owner Licence under the following conditions: (a) An incomplete application has been submitted and upon request has not been rectified; (b) The applicant has been convicted of an offence under this or any other legislation relating to vehicles for hire in Canada; (c) The applicant has outstanding fines owing to the Town of Tillsonburg; (d) There is other information known to the Licencing Officer that provides a reasonable expectation that the applicant will not carry on the business with honesty and integrity; (e) The applicant previously held a Group Transportation, Limousine or Taxicab Business Licence which was suspended or revoked; (f) In the case of a Taxicab Business, the Owner has not provided off- street parking for the number of Accessible Taxicab or Taxicab vehicles for which a Licence is being applied for; 186 Page 8 of 24 (g) The applicant has not satisfied the Licencing Officer of the proper zoning on the location where the business will operate from; (h) Processing of an application would be contrary to an order of the Licence Appeal Committee or other level of court; (i) A decision to refuse to process an application for a Group Transportation Vehicle, Limousine or Taxicab Business Licence is appealable to the Licence Appeal Committee. 3.4.2 Group Transportation Vehicle, Limousine, Taxicab Driver’s Licence Each Group Transportation Vehicle, Limousine or Taxicab Driver shall submit to the Licencing Officer the following information when applying for or renewing a Licence to operate a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fee’s By- law; (c) The particulars of a criminal record which shall include a Police Vulnerable Sector Check, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) The particulars of a driving abstract, dated within the last thirty-six (36) days, as provided by the Ministry of Transportation or other police agency; (e) In the case of an Accessible Taxicab, the driver must furnish proof of having completed a Training program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities at the time of the application; (f) All information must be submitted in full a minimum of ten (10) business days prior to the issuance or renewal of a Group Transportation Vehicle, Limousine or Taxicab Drivers Licence. 3.4.2.1 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation Vehicle, Limousine or Taxicab Driver Licence or renewal under the following conditions: (a) A Driver has not sufficiently completed the required forms; (b) A Driver has failed to pay the licencing fee at the date of the application; (c) The Driver has been convicted of a criminal offence during the preceding five (5) years for which a pardon has not been granted; 187 Page 9 of 24 (d) The Driver has been convicted of an indictable offence at any time under any statute of Canada, including but not limited to the Criminal Code of Canada or the Controlled Drug & Substances Act; (e) The Driver is the subject of an outstanding criminal charge(s) or a Careless Driving charge(s) at the date of the application; (f) The issuance of a licence is contrary to a ban or suspension placed upon the Driver by the Licence Appeal Committee. 3.4.3 Group Transportation, Limousine or Taxicab Vehicle Licence The owner or lessee of a Group Transportation Vehicle, Limousine or Taxicab is required to submit the following information to the Licencing Officer when applying for or renewing a Licence for a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) Particulars of the vehicle to be used for hire including; (i) Proof of ownership of the vehicle; (ii) A current Safety Standards Certificate, dated within thirty-six (36) days of the application accompanied by the Motor Vehicle Inspection Report; (iii) A current Vehicle Fitness Report, dated within thirty-six (36) days of the application; (v) A certificate of Insurance in the amount of $2,000,00.00. (d) In respect of any vehicles using propane or natural gas, fuel, a certificate from a person duly qualified to provide such certificate dates not more than thirty six (36) days prior to approval of the Licence application; (e) In respect of an Accessible Taxicab, a certificate from a qualified person to the effect that the equipment which renders the Taxicab an Accessible Taxicab is safe and in proper working order; (f) Every owner shall submit the vehicle(s) for examination or inspection before a licence is issued; (g) Furnish any evidence or information required by the Licencing Officer or their designate to show that the vehicle proposed for the business meet all requirements of this By-law for licencing; 188 Page 10 of 24 3.4.3.1 Refusal of an Application The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Vehicle Licence or renewal under the following conditions: (a) A Vehicle Licence is currently under suspension or has been revoked by the Licence Appeal Committee; (b) An incomplete application has been submitted and upon request, the form has not been rectified; (c) The vehicle for which the application is being submitted is considered unfit and does not meet the minimum basic safety standards to drive on Ontario roads; (d) The applicant has been convicted of an offence under the Taxi By- law or any other legislation relating to vehicles for hire in Canada; (e) The applicant has outstanding fines owing to the Town of Tillsonburg; (f) There is other information known to the Licensing Officer that provides a reasonable expectation that the applicant will not carry on business with honesty and integrity. SECTION 4 SUSPENSION OR REVOCATION OF DRIVER’S LICENSE 4.1 Suspension/Revocation of a Group Transportation, Limousine or Taxicab Driver’s Licence The Licensing Officer or his/her designate shall suspend, revoke or fail to renew any Group Transportation, Limousine or Taxicab Driver’s Licence under the following conditions: (a) The Licencing Officer becomes aware that the Licencee is not meeting any one of the requirements of issuance under the initial Licence application process; (b) The Licencee’s Ontario Driver’s Licence is suspended for any reason; (c) The Licencee is charged with an offence under the Criminal Code of Canada or the Controlled Drug & Substances Act; (d) The Licencee is charged with an offence under the Liquor License Act for the Province of Ontario if the charge relates in any way to the use or operation of a Vehicle for Hire; (e) The Licencing Officer may suspend, revoke or fail to renew a licence for any other matter of non-compliance by a Licencee as outlined in this By-law. 189 Page 11 of 24 4.2 Upon Suspension or Revocation of a License A Group Transportation Vehicle, Limousine or Taxicab Driver shall immediately surrender his/her Licence as issued by the Town of Tillsonburg to the Licencing Officer in the event that such Licence has been suspended or revoked. The Licencee may file with the Clerk or Designate, an appeal application within fifteen (15) days of being notified of the suspension or revocation of the said licence. A suspension or revocation of a Group Transportation Vehicle, Limousine or Taxicab Vehicle Licence due to safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The decision of the Licence Appeal Committee is final. 4.3 Driver Conduct Any of the following infractions can result in a Driver of a Vehicle for Hire as licensed under this By-law facing Suspension, Revocation or Non-Renewal of a Licence: (a) The use of discourteous language or profanity in front of a customer; (b) Overcharging a customer or other similar abuse; (c) Smoking or allowing customers to smoke in the vehicle; (d) Repeated failure to maintain the vehicle in a neat and clean fashion; (e) Operating a vehicle in contravention of any other sections of this By-law; (f) Failure to surrender a Licence as issued by the Town of Tillsonburg immediately to the Licencing Officer upon conviction of a criminal offence or Careless Driving charge. SECTION 5 GENERAL PROVISIONS-VEHICLE REQUIREMENTS 5.1 Vehicle Condition All Vehicles for Hire shall be kept clean and orderly at all times both on the exterior and interior and this includes: (i) No visible rust; (ii) No visible dents; (iii) Paint on the vehicle must be uniform and consistent; (iv) Any trash must be placed in an appropriate receptacle; (v) The exterior of vehicles must be washed regularly and should not have an accumulation of dust or dirt; (vi) Interiors of vehicles must be cleaned and vacuumed regularly. 190 Page 12 of 24 5.2 Safety Standards Certificate (a) A Safety Standards Certificate, which confirms that a Vehicle for Hire meets the minimum basic safety standards to drive on Ontario roads as provided by the Ministry of Transportation, and completed by a mechanic which is qualified as a certified inspector, shall be submitted within the last thirty-six (36) days when an application is being made for a Group Transportation, Limousine or Taxicab Business License or in the event of an application or renewal being submitted for a Group Transportation, Limousine or Taxicab Driver’s Licence or Vehicle License. (b) When the Licencing Officer or any Municipal Law Enforcement Officer believes, on reasonable grounds, that a Vehicle for Hire or its equipment is not safe, they may issue an order in writing requiring that the licencee produce a valid Safety Standards Certificate relating to that vehicle dated after the date of notice; (c) No Driver shall operate and no Owner or Licensee shall permit to operate a Vehicle for Hire after receipt of notice referred to in sub-section (b), until the Licencing Officer or Municipal Law Enforcement Officer has been provided with a valid Safety Standards Certificate as required in this section; (d) If a Licencee does not produce a valid Safety Standards Certificate within ninety-six (96) hours of receiving the notice referred to in this section, the Licencing Officer or his/her designate shall suspend the Vehicle Licence; (e) The revocation of a Vehicle Licence for safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The Applicant is required to apply for a new Vehicle Licence and submit a valid Safety Standards Certificate along with the required application fee and supporting documentation. 5.3 Proof of Insurance (a) A licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner and a driver employed by him/her shall produce, in respect of any Vehicle for Hire being operated by the driver, evidence of insurance, as required under this By-law forthwith upon demand of the Licencing Officer, or a Municipal Law Enforcement Officer; (b) If a licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner or a driver employed by him/her does not produce evidence of insurance when demanded pursuant to this section, the Licencing Officer shall suspend the Licence forthwith; (c) In instances where the inability to provide insurance is related to the Group Transportation, Limousine or Taxicab Business Licence, all Licences issued underneath that business to vehicle drivers and for the vehicles shall also be suspended; (d) If by the end of the next regular business day following the day of suspension of the licence, the Licencee has provided adequate Proof of Insurance to the Licencing Officer, such licence shall be reinstated. The Licencing Officer shall not reinstate a licence that has been suspended if 191 Page 13 of 24 adequate proof of insurance has not been provided by the end of the next regular business day following the date of suspension. All the related licences shall be revoked and such revocation is not appealable; (e) The Licencing Officer shall reinstate a licence that has been suspended if within (15) days of revocation, the Taxicab Business Owner provides adequate Proof of Insurance along with all the fees associated with a new Licence for the Group Transportation, Limousine or Taxicab Business and /or vehicles. New licences will be issued without a full application process being required except in instances when the timing of such issuance would require the annual renewal process. SECTION 6 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE, LIMOUSINE AND TAXICAB BUSINESS OWNERS & DRIVERS 6.1 Requirements of Group Transportation Vehicle, Limousine and Taxicab Business Owners The following general provisions apply to all Group Transportation Vehicle, Limousine and Taxicab Owners and Drivers as required to be licenced under this By-Law: 6.1.1 Every Group Transportation Vehicle, Limousine and Taxicab Business Owner shall: (a) Submit his/her vehicle(s) as licensed under this By-law for examination or inspection at any time when required by the Licencing Officer or their designate; (b) Investigate immediately, any mechanical defect in his/her Group Transportation Vehicle, Limousine or Taxicab reported to him/her by a Driver or any other person; (c) Report any change of his/her business address or his/her residence address to the Licencing Officer within two (2) business days of the change; (d) Ensure that every Driver of a vehicle used for the business as licenced under this By-law provides, or will arrange for the provision of accessible formats relating to ridership rates and fees upon request and shall notify the public about the availability of accessible formats; (e) Notify the Licencing Officer forthwith if any Driver of a vehicle used for the conveyance service business as licenced under this By-law; (i) Is the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act or, (ii) Has been convicted of a criminal offence. 192 Page 14 of 24 (f) In the case of Taxicab Owners, affix a sign on the roof of each licenced Taxicab used for hire identifying the vehicle as an Accessible Taxicab or Taxicab; (g) Ensure that an Accessible Taxicab or Accessible Group Transportation Vehicle used for the Vehicle for Hire business meet the requirements, as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act, and that all Accessible Taxicab and Accessible Group Transportation vehicle Drivers have completed the necessary training with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities; (h) In the case of Taxicabs shall ensure that no person employed by him or her shall carry any radio equipment, radio scanners or other equipment capable of monitoring radio calls other than the equipment used or required to transmit or receive broadcasts or signals from the radio dispatcher for whom the Driver is working; (i) Install an Taxicab Plate to the rear of the taxicab; 6.1.2 No Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) In the case of a Taxicab, permit any advertisement to be displayed on any licenced Accessible Taxicab or Taxicab with the exception of one roof advertising topper as approved by the Licencing Officer or designate; (b) Permit a Vehicle for Hire as licenced under this By-law to be operated if the vehicle or its equipment is unsafe; (c) Permit a vehicle to be operated unless it is insured as required by this By-law; (d) Permit any person, other than a Driver licenced under this By-Law and employed by him/her to operate his/her licenced vehicle(s); (e) Prevent or hinder a person authorized by the Licencing Officer from entering a licenced vehicle owned by him/her for the purpose of inspecting such vehicle; (f) Permit a licenced vehicle in respect of which a mechanical defect has been reported to him/her, to be operated until he or she has inspected and ensured that the mechanical defect, if any, has been corrected; (g) Permit a Driver to operate a licenced vehicle owned by him/her unless the Driver complies with all licencing requirements as provided for in this By-law, including maintaining and submitting a daily trip record; (h) Permit anyone to smoke in vehicle licenced under this By-law in accordance with the Smoke-Free Ontario Act. 193 Page 15 of 24 6.2 Requirements of Group Transportation Vehicle, Limousine and Taxicab Drivers 6.2.1 Every Driver shall: (a) Maintain in good standing, a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) List on his/her application for a Group Transportation Vehicle, Limousine or Taxicab Driver’s Licence or any renewal application, all employers for whom he or she is currently working for as a Driver; (c) Notify the Licencing Officer forthwith of any change in his/her employment as a Driver of a Vehicle for Hire; (d) Report any change of address to the Licencing Officer within two (2) business days of the change; (e) Notify the Licencing Officer immediately if they: (i) Are the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act; (ii) Has been convicted of a criminal offence; (iii) Has had their Provincial Driver’s Licence suspended for any reason. (f) Produce his/her license to permit the change to be entered hereon at the time of notification of the change; (g) Inspect each vehicle as licenced under this By-law which he/she intends to operate at the commencement of each work shift and at the conclusion of each work shift and shall maintain a log of each inspection; (h) Report any mechanical defects which are disclosed during these inspections forthwith to the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (i) Submit the Vehicle for Hire in his/her care and control for examination or inspection at any time to the Licencing Officer or their designate upon request; (j) Report to his/her employer forthwith, any accident in which the Group Transportation Vehicle, Limousine or Taxicab Driver has been involved in while operating a Vehicle for Hire on behalf of the business; (k) Return a Vehicle for Hire to his/her employer promptly at the conclusion of the Driver's work shift if required by the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (l) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Group Transportation Vehicle, Limousine or Taxicab Driver's Licence as issued pursuant to this By-law; 194 Page 16 of 24 (m) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Driver's Licence as issued by the Province of Ontario; (n) Attend at the identified Town of Tillsonburg location, once the Group Transportation Vehicle, Limousine or Taxicab Driver's Licence has been issued, to obtain a photo identification card; (o) In the case of an Accessible Taxicab, ensure wheelchairs are securely anchored to the vehicle prior to providing an Accessible Taxicab Service and ensure that the vehicle meets the requirements as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act; (p) Provide or arrange for the provision of accessible formats upon request and shall notify the public about the availability of accessible formats; (q) In the case of Taxicabs, every Taxicab driver shall serve the first person requiring the service of his/her Taxicab at any place within the area municipality to which the Taxicab Business Owner’s Licence relates any time, unless: (i) He/she has reasonable concerns for his/her safety; (ii) He/she has reasonable concerns that his/her fare may not be paid, or; (iii) He/she has made prior arrangements to accept another Passenger, the proof of which lies upon the Taxicab Driver in any proceeding under this By-law. (r) Deliver all property or money found in his/her Vehicle for Hire immediately to the owner thereof, or if the owner cannot be located immediately, to the nearest police station together with any information concerning the owner of the property or money which is in the possession of the vehicle Driver. 6.2.2 No Group Transportation Vehicle, Limousine or Taxicab Driver shall: (a) Operate any Motor Vehicle required to be a Vehicle for Hire unless he/she has a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) Operate any vehicle required to be a Vehicle for Hire unless such vehicle has been issued a licence for such purposes by the Town of Tillsonburg; (c) While having care and control of a Vehicle for Hire, permit any person, other than another Driver licenced under this By-Law, to operate the said vehicle; 195 Page 17 of 24 (d) Operate a Vehicle for Hire unless the license issued by the Licencing Officer containing his/her name is affixed in the place in the vehicle approved by the Licencing Officer and in such manner that the same is plainly visible to and readable by Passengers; (e) Operate a Vehicle for Hire if he/she reasonably believes the vehicle or its equipment is unsafe; (f) Operate a Vehicle for Hire that is not insured as required by this By- law; (g) Prevent or hinder a person authorized by the Municipal By-law Officer from entering the licenced Vehicle for Hire in the care and control of the Driver for the purpose of inspecting the vehicle or its equipment; (h) Operate a Vehicle for Hire which contains more occupants than the number of seatbelts available for occupancy or in the case of a Group Transportation Vehicle, the maximum number of occupants permitted for that model of vehicle; (i) Permit anyone to smoke in the Vehicle for Hire in accordance with the Smoke-Free Ontario Act; (j) In the case of an Accessible Taxicab, drive or act as a driver of any Accessible Taxicab without first having completed a Training Program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities, and providing written proof of which shall be provided to the Licencing Officer when applying for or renewing a prior to the issuance of any Accessible Taxicab Driver’s Licence; (k) In the case of Taxicabs, take on any additional passenger(s) when the Taxicab is being used for the Transportation of children to and from school after the commencement of the trip without the consent of the first passenger taken on during that trip, unless emergency conditions exist; (l) Knowingly mislead or deceive any passenger or potential passenger as to the location or distance to a place to which the passenger or potential passenger intends or wishes to travel; (m) A Driver of a licenced Vehicle for Hire should not operate the vehicle unless: (i) The interior and exterior of the vehicle are clean and in good repair; (ii) The vehicle and its equipment are free from mechanical defects. 196 Page 18 of 24 SECTION 7 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE & TAXICAB FARES & TRIP RECORDS 7.1 Charging of Fares 7.1.1 Every Group Transportation Vehicle and Taxicab Business Owner shall: (a) Provide a Driver upon request a receipt for monies turned over to the Owner by the Driver at the end of the Driver’s shift; (b) Provide upon request by the Licencing Officer, all particulars of an agreement entered into relative to the charging of fares including any written contract or other documents, and any invoices, receipts or other evidence of payment; (c) Charge fares and ensure that a Group Transportation Vehicle or Taxicab driver which operates a licensed vehicle on behalf of their business charge fares in accordance with the Tariff Card as provided by the Licencing Officer and displayed within the Vehicle for Hire. (d) Review fares as required and provide any proposed fare adjustments to the Licencing Officer for review and approval. If a conflict or concern related to any proposed fees is identified, the Licencing Officer shall provide the information to the Licencing Appeals Committee for review. (e) Provide public notification a minimum of sixty (60) days of any proposed changes in fare rates as approved by the Licencing Officer or the Appeal Committee. 7.1.2 Every Taxicab Driver shall: (a) Display a current Tariff Card as provided by the Licencing Officer, setting out the established fare/rates to be charged for the conveyance service. Such fare shall include the standard rate for in-Town conveyance services, or in accordance with an agreement reached for trips outside of Town boundaries. The Tariff Card shall be displayed in a conspicuous place in the Vehicle for Hire so as to be conveniently seen and read by passengers and will indicate the same number as shown on the Taxi plate attached to the rear of the vehicle and inform passengers that accessible formats are available upon request; (b) Charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card, or in accordance with the agreement reached if the fare is being charged for trips outside of town boundaries; 197 Page 19 of 24 (c) Permit a person with a disability who is accompanied by a service animal to travel with the service animal in the Vehicle for Hire; (d) Provide upon the request of the passenger, a receipt of the fare paid showing the amount of the fare paid, the vehicle licence plate number and the date; (e) Provide all particulars of an agreement entered into relative to the charging of fares, including any written contract or other document, and any invoices, receipts or other evidence of payment, immediately upon request of the Licencing Officer; (f) In the case of a Taxicab, the Driver shall follow the shortest possible route to the destination requested by a Passenger unless the Passenger designates another route; (g) In the case of the Group Transportation Vehicle, the Driver shall follow the established schedule and flex route for the conveyance of passengers. 7.1.3 No Group Transportation Vehicle or Taxicab Driver shall: (a) Charge a higher fare or an additional fee for persons with disabilities than that for persons without disabilities for the same trip; (b) Charge a fee for the storage of mobility aids or mobility assistive devices; (c) Charge an additional fee to a person with a disability travelling with a service animal. 7.2 Maintenance of Daily Trip Records 7.2.1 A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) Ensure that all licenced Drivers which operate a Group Transportation Vehicle, Limousine or Taxicab vehicle used for his/her business and licenced under this By-law maintain a Trip Record; (b) Keep the Trip Records from all the licenced Driver’s which work for them for a period of at least twelve (12) months; and (c) Permit any person authorized by the Licencing Officer to inspect the Trip Record(s) on the business premises, or remove the Trip Record(s) from the business premises for the purpose of inspection; (d) Ensure that Drivers of his/her licenced vehicle(s) charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card issued by the Licencing Officer, or in accordance with an agreement for services pursuant to section 7.1.1(b). 198 Page 20 of 24 7.2.2 Every Group Transportation Vehicle Driver shall: (a) Maintain a daily record of all scheduled routes made by him/her as a Driver of a Group Transportation Vehicle. The Record shall be prepared immediately upon the conclusion of a scheduled route and prior to the commencement of the next scheduled route, and shall contain the following information: (i) The point of origin and the point of conclusion of the route; (ii) The time when the route commenced and ended; (iii) The total number of passengers; (iv) The total number of stops made to pick up and or drop off passengers; (v) The total fare(s) collected. (b) Submit his/her daily record to the Group Transportation Vehicle Business Owner at the conclusion of each shift. 7.2.3 Every Taxicab Driver shall: (a) Maintain a daily record of all trips made by him/her as a Driver of a licenced Taxicab. The Trip Record shall be prepared immediately upon the conclusion of a trip and prior to the commencement of the next trip, and shall contain the following information: (i) The point of origin and the point of conclusion of the trip; (ii) The number of passengers; (iii) The fare charged, and; (iv) The Ontario Licence plate number of the vehicle. (b) Submit his/her daily Trip Record to the Taxicab Business Owner at the conclusion of each shift. SECTION 8 INSURANCE 8.1 Insurance Coverage A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall not permit his/her licenced Vehicle(s) for Hire to be operated unless: (a) He/she has procured and maintained in good standing, a Standard Automobile Insurance Policy providing for third party liability of at least $2,000,000.00 insurance coverage for the use designated in the licence and; (b) The Policy of Insurance contains an endorsement requiring that the insurer give to the Licencing Officer at least ten (10) days’ notice of any proposed cancellation or variation of the policy. 199 Page 21 of 24 SECTION 9 APPEAL PROCESS 9.1 Appealing the Decision of the Licencing Officer 9.1.1 Filing an Appeal (a) Where the Licencing Officer refuses to issue a Licence, suspends or revokes a Licence under this By-Law, the Applicant or Licencee may appeal this decision by filing with the Clerk or Designate, an appeal application of the said decision within fifteen (15) days of being notified of the decision. (b) The applicant shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Town’s Rates & Fees By-Law at the time the appeal is filed. (c) The Clerk or Designate shall provide the Licencing Appeal Committee with a report as to the status of the licence. 9.1.2 Review Hearing Upon receipt of an appeal from an Applicant, the Committee shall hold a Review Hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriate hearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licencing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licencee. 9.1.3 Notice Upon determination of the Review Hearing date, the Clerk or designate shall give notice in writing to the Applicant or Licencee. The notice shall include: A statement: (i) As to the time, date, place and purpose of the Review Hearing; and (ii) That, if the Applicant or Licencee does not attend the Review Hearing, the Licencing Appeal Committee shall proceed in the absence of the Applicant or Licencee and the Applicant or Licencee will not be entitled to any further notice. 200 Page 22 of 24 9.1.4 Review by the Licensing Appeal Committee The Licencing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: (a) Whether or not the Applicant or Licencee and the vehicles used for hire in connection with the carrying on of a business which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law; (b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law; (c) Whether or not the Applicant or Licencee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or vehicles used for hire in connection with the Licenced activity; (d) Whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; (e) The fee payable in respect of the licence has not been paid; (f) The applicant is in default with respect to any financial or other obligation to the Town. 9.1.5 Decision of the Licencing Appeal Committee (a) The decision of the Licencing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licencing Appeal Committee shall impose and shall be final; (b) Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (i) Without a hearing; or (ii) Without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licencee has waived such hearing or compliance. 201 Page 23 of 24 SECTION 10 ENFORCEMENT AND PENALTIES 10.1 Enforcement: Municipal Law Enforcement Officers, Licencing Officer, Peace Officers, Police or any other Person designated by Council may enforce this By-law. 10.2 Obstruction: No person shall hinder or obstruct or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-law. 10.3 Offence and Penalty: Every Person who contravenes any of the provisions of this by-law is guilty of an offence pursuant to Section 429 of the Municipal Act, 2001. S.O. 2001, c.25 and all contraventions of this bylaw are designated continuing offences. 10.4 Offence by an Individual: Every Person, excluding a corporation, who is convicted of an offence under this by-law, is liable to a fine as stipulated by the set fines as attached to this by-law or as stipulated by the Provincial Offences Act R.S.O. 1990,CHAPTER P.33. 10.5 Offence by a Corporation; Every corporation who is convicted of an offence under this by-law is liable to a maximum fine of Fifty Thousand Dollars ($50,000) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000) for any subsequent offence in accordance with the Municipal Act, 2001, S.O. 2001,c 25 and Provincial Offences Act R.S.O. 1990, CHAPTER P.33. 10.6 Multiple Offences: The conviction of an offender for the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any subsequent or continued breach of any provisions of this By-law. 10.7 Court Order: If this By-law is contravened and a conviction entered, the court in which the conviction is entered and any court that has jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or the repetition of the offence. SECTION 11 PARTIAL INVALIDITY 11.1 Application of By-Law If any term of this By-Law or the application thereof shall to any extent be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. 202 Page 24 of 24 SECTION 12 REPEAL OF PREDECESSOR BY-LAW 12.1 Repeal That By-Law No. 2995 and any amendments thereto, of The Corporation of Town of Tillsonburg are hereby repealed in its entirety. SECTION 13 EFFECTIVE DATE 13.1 Effective Date The effective date of this By-Law shall be the date of passage 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 ______________________________ Town Clerk - Donna Wilson 203 Report Title Fire Communications Infrastructure Issuance of Debt Report No. FIN 16-32 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date NOVEMBER 14, 2016 Attachments None RECOMMENDATION THAT Council receives report FIN 16-32 Fire Communications Infrastructure Issuance of Debt; AND THAT Council receives the updated annual repayment limit calculation; AND THAT Council consider By-Law 4053 for three readings for the issuance of debt. EXECUTIVE SUMMARY This report is to obtain Council approval to issue debt pertaining to the Fire Communications Infrastructure for the contracts awarded by the municipalities of Lucknow and Hanover. BACKGROUND At the council meeting of July 11, 2016 the following resolution was passed: Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report FRS 16-06, Lucknow & District Fire Communications Contract; AND THAT the capital costs incurred be debt financed with a term not to exceed five (5) years; AND FURTHER THAT Council authorize the Mayor and Clerk to enter into an agreement with the Lucknow and District Fire Department for the provision of Fire Dispatch and Communications Services. Carried At the council meeting of October 24, 2016 the following resolution was passed: Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report FRS 16-08, Hanover Fire Communications Contract; AND THAT the capital costs incurred be debt financed with a term not to exceed five (5) years; AND THAT Council authorize the Mayor and Clerk to enter into an agreement with the Corporation of the Town of Hanover for the provision of Fire Dispatch and Communications Services; AND THAT a By-law, be brought forward for Council's consideration. Carried Page 1 / 2 Building Stabilization Reserve Fund 204 Subsequent to the meetings identified above, the Deputy Treasurer discussed the terms of the loan with the County. The loan will be structured to have semiannual repayment terms and therefore no principal and interest payments will be required in 2016. These loans will be financed through user fees detailed in the executed agreements. Currently, the 5 year interest rate indicated by the bank is 1.97% although the County will obtain a competitive quote from a few banks closer to the date in which County Council will approve the debt placement. The attached annual repayment limit has been updated to reflect the issuance of this debt. FINANCIAL IMPACT/FUNDING SOURCE The principle and interest payments will be funded through the user fees detailed in the executed agreements. Page 2 / 2 Fire Communications Infrastructure Issuance of Debt 205 Town of Tillsonburg - Updated Annual Debt Repayment Limit Sch 81 Updated 2015 FIR Limit Regulation. O. Reg. 403/02 Gross Debt ChargesPrincipal 898,352 905,612 Interest 469,900 470,586 Subtotal 1,368,252 1,376,198 Debt Charges on OCWA Provincial Project - - Payment in Respect of Long Term Commitments and Liabilities - - Subtotal - Debt Charges 1,368,252 1,376,198 Debt Charges for Municipal Utilities - - Debt Charges for Tile Drainage and Shoreline Assistance - - Provincial Grant funding for repayment of long term debt - - Lump sum (balloon) repayments of long term debt (SLC 74 3110 01 + SLC 74 3110 02)572,252 572,252 Subtotal - Debt Charges to be Excluded 572,252 572,252 Net Debt Charges 796,000 803,946 Total Revenues 20,037,658 20,037,658 Grants from Government of Ontario, Government of Canada and Other Municipalities Ontario Grants 535,519 535,519 Canada Grants 7,300 7,300 Deferred revenue earned - Provincial Gas Tax - Deferred revenue earned - Canada Gas Tax 888,445 888,445 Revenue from other municipalities 227,289 227,289 Gain/loss on sale of land and capital assets (628,968) (628,968) Deferred revenue earned - development charges 15,020 15,020 Donated Tangible Capital Assets 642,586 642,586 Subtotal 1,687,191 1,687,191 Fees and Revenues for Joint Local Boards for Homes for the Aged - - Net Revenue Fund Revenues 18,350,467 18,350,467 25% of Net Revenue Fund Revenue 4,587,617 4,587,617 Annual Repayment Limit25% of Net Revenue Fund Revenues less Net Debt Charges 3,791,617 3,783,670 November 14, 2016 Janelle Costantino, Manager of Finance/Deputy Treasurer; Acting Treasurer Dated I, Janelle Costantino, Deputy Treasurer of the Town of Tillsonburg have, in accordance with Section 4 of O.Reg. 403/02, calculated this updated limit using the most recent debt and financial obligtation limit determined by the Ministry of Municipal Affairs and Housing. 206 Report Title Broadway Pedestrian Crossing Pre-Consultation Summary Report No. OPS 16-30 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date November 14, 2016 Attachments •Agency Consultation Summary RECOMMENDATION THAT Council receive Report OPS 16-30 Broadway Pedestrian Crossing Pre- Consultation Summary; AND THAT Council approves a pedestrian crossing be located at the south leg of Broadway and Glendale Drive intersection; AND THAT Paradigm Transportation Solutions Limited continue to be retained for this assignment; AND THAT the unfunded project cost of $50,000, be referred to the 2017 budget deliberations. SUMMARY At the Regular Council meeting of August 8, 2016, the following motion was approved: “THAT the motion regarding Report OPS 16-24, Broadway Pedestrian Crossing Warrant Analysis, be deferred and that the matter be brought back in the fall for council consideration.” The following direction was also provided to staff: “Staff were further directed to pre-consult with the Ministry of Transportation prior to expending additional funds on this project as well with the Thames Valley district School Board, Glendale High School, Fire, Police, and EMS. Comments received from consultation to be included in a report back to council in the Fall.” Pre-Consultation Staff met with representatives from the Tillsonburg Fire and Rescue Services Department, and the Ontario Provincial Police to discuss the proposed pedestrian crossover (PXO). Both the Thames Valley District School Board (Glendale High School, Annandale Public School, South Ridge Public School and Westfield Public School) and the Oxford County Paramedic Services Page 1 / 4 207 reviewed the consultant report and its recommendations internally within their respective organizations. All four of these agencies support staff’s recommendation of an intersection configuration of a PXO facility across the south leg of the Broadway and Glendale Drive intersection as shown in Figure 1. Letters of support from each of these agencies can be found under Attachment 1. After reviewing the consultant and Town staff reports, and after having additional discussions with Town staff, the MTO elected to undertake its own vehicular traffic and pedestrian count on October 25, 2016. Based on the Town’s report and the additional information collected as part of their field work, the MTO is also in support of the recommended PXO installation. The MTO’s letter of support can be found under Attachment 1. Next Steps Should Council authorize the installation of the recommended pedestrian crossing facility, the detailed design of the PXO including the civil and electrical requirements, traffic control system configuration, and PHM-125 legal drawing would need to be completed by a Registry Appraisal and Qualification System (RAQS) certified consultant. Since Broadway Street is a designated Connecting Link under the Public Transportation and Highway Improvement Act, R.S.O. 1990 (previously noted within report OPS 16-15), the detailed design of the PXO and associated works will require approval by the MTO. An amendment to the Town’s Traffic By-law will also be required as part of the MTO submission and approval process. Once MTO approval is received, a tender would be issued for the supply and installation of the pedestrian crossing facility with contract administration and construction inspection performed by Town staff. In addition to assisting with the formal application process required by the MTO, and given the complexity of this project, staff recommend that the Town continue to retain the services of Paradigm Transportation Solutions Limited (PTSL), a RAQS certified consultant, for the detailed design aspect of the project. CONSULTATION / COMMUNICATION In addition to working with the MTO during the design stage, property owners directly affected by the proposed pedestrian crossing facility will be consulted during the detailed design process and kept informed as the project progresses towards construction. Any planned temporary roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the general public in advance following the guidelines set forth in Ontario Traffic Manual - Book 7 Temporary Conditions. Page 2 / 4 208 COMMUNITY STRATEGIC PLAN IMPACT Implementation of active transportation network linkage supports community connectivity and is supported by the Community Strategic Plan under Goal 3.3 to support the aging population and active senior citizenship and under Goal 4.3 to improve mobility and promote environmentally sustainable living. FUNDING IMPACT/ FUNDING SOURCE The 2016 budget allocation for corridor management initiatives contemplated $40,000 of debt proceeds to review potential operational improvements and implement where justified. This budgetary figure did not consider a pedestrian crossing facility on Broadway Street, which is a significantly expanded scope relative to crossing facilities in other locations, due to regulatory approvals from the MTO, as well as the type of crossing facility required based on the traffic volumes of the roadway. Based on further investigation and in consultation with PTSL, the following expenditures are anticipated to implement an intersection configuration of the PXO Level 2 Type B facility across the south leg of the Glendale Drive and Broadway intersection: Item Estimated Cost Detailed Design & Specifications (PHM-125 legal drawing) $15,000 Installation of Intersection Crossover – PXO Level 2 Type B facility $70,000 Contingency $5,000 TOTAL $90,000 Staff are requesting that the unfunded project cost of $50,000 required for the Pedestrian Crossing be brought forward as part of the 2017 budget deliberations. Page 3 / 4 209 Figure 1: Pedestrian Crossover PXO Level 2 Type B – Intersection (2-way) (Source: Ontario Traffic Manual Book 15, June 2016) Page 4 / 4 210 211 212 213 214 215 216 Report Title Airport Comprehensive Review Report No. OPS 16-31 Author Vance Czerwinski, CRS, Manager of Public Works Meeting Type Council Meeting Council Date November 14, 2016 Attachments • None RECOMMENDATION THAT Council receive Report OPS 16-31 Airport Comprehensive Review; AND THAT Council refer the identified opportunities and infrastructure improvements outlined in report OPS 16-31 to the 2017 capital budget deliberations; AND THAT Council refer report OPS 16-31 to the Airport Advisory Committee. SUMMARY With the addition of the Airport into Operations Services in late 2015 and further to the Council Town Tour on September 15th 2016, Public Works has completed a comprehensive review of Airport operations including a review of utilities and infrastructure to not only ensure compliance, but to also identify opportunities and areas for improvement. Please note costs are only estimates at this time and would require procurement under the Towns Purchasing By-law. The following items were reviewed with the findings summarized below: 1. Fuel System 2. Water Treatment and Distribution System 3. Septic Systems 4. Hydro Primary Metering 5. Runway and existing NOTAM 6. Master Plan Document 1.0 Fuel System The aircraft fuelling system consists of two 44,000 Litre fibreglass reinforced underground tanks and dispensing pumps. One tank contains Jet A-1 fuel and the other contains AV Gas 100. The fuelling system installed in close proximity to the water well, was built in 1991 and has never been leak tested since installation or since the introduction of the Federal Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulation (SOR/2008-197) in 2008. Page 1 / 7 217 Public Works scheduled testing of the fuel system earlier this year by a registered petroleum contractor with the Technical Standards and Safety Authority (TSSA). The test results returned positive with both the storage tanks and associated piping receiving a passing grade. In accordance with Federal Regulations the fuel system testing will be scheduled annually moving forward and added to the Airport operating budget (approx. $2,500/yr). Underground fibreglass storage tanks have a typical estimated service life of approximately 35 years that can be extended provided appropriate tank leak detection monitoring is in place. The underground fibreglass tanks at the Airport are currently 25 years old and will likely need to be replaced in the next 10 years. If the fuelling system is operated until failure, the fuel system replacement will be conducted on a “reactive” emergency basis which is typically more expensive. The cost to proactively excavate and properly dispose of the old fuel tanks and associated piping, and install new above ground tanks and piping is currently estimated at $175,000. Fuelling Operations One of the primary tasks for staff members is to refuel aircraft throughout the 13 hour, 7 day a week operation during late spring, summer, and early fall. The annual cost to perform fuelling operations is approximately $75,000. An opportunity for savings can be achieved by converting to a “self-serve” fuelling system similar to what many other small airports have adopted. The benefit of a self-serve fuelling system is that it is essentially open 24 hours a day and does not require staff to refuel aircraft. On the other hand some pilots enjoy the level of customer service that is currently provided by our team at the Airport. The cost to convert the existing fuelling system to a self-serve system is estimated at $50,000. Action Items • Continue annual fuel system testing • Budget for self-serve fuelling system conversion in the 2017 Capital Budget • Budget for fuel tank replacement in the next 10 years 2.0 Water Treatment and Distribution System The water treatment and distribution system was originally installed in the mid 1970’s. The water treatment system was updated in 2010 to disinfect and filter water that is sourced from an onsite drilled well, and consists of an ultraviolet disinfection process, water softener, and a carbon filter for the water that is distributed to the Terminal Building. The water treatment and distribution system at the Airport falls under Ontario Regulation 319/08 – Small Drinking Water Systems that requires a Directive from the local Public Health Unit to outline what requirements must be followed and actions to be taken by the owner and operator of the small drinking water system based on a risk assessment. The risk rating of the current Directive from the Oxford County Public Health Unit was determined as low, however this was Page 2 / 7 218 based on the premise that water was only being distributed to the Terminal Building. Public Works has recently become aware that untreated water is also being distributed to some of the commercial hangers. Consultation with the Oxford County Public Health Inspector revealed that the existing Directive requires a risk reassessment utilizing updated information of the existing distribution system. Unfortunately there are no record drawings of the existing water distribution system to the commercial hangers or information regarding if the type of pipe material used was NSF/ANSI 61 – Drinking Water System Component compliant. A proper course of action regarding improvement to the water treatment and distribution system will be determined upon receipt of a revised risk rating and Directive from the Oxford County Public Health Unit. However, in the meantime signs have been posted to warn people in the commercial hangers that the water supplied is not potable. Action items: • Retain the services of a certified technician to assess the water treatment system to ensure compliance with O.Reg. 319/08. • Field investigation of existing water distribution location and material. • Obtain a revised Directive from the Oxford County Public Health Unit based on updated information. 3.0 Septic Systems The only septic system that the Oxford County Public Health Unit has on file at the Tillsonburg Airport is for the Terminal Building, however Public Works has recently become aware that there are at least three other septic systems on the property belonging to tenants that are not registered with the Public Health Unit. The land lease agreements outline that it is the responsibility of the tenant to install and properly connect their own utilities. The language within the agreements also indicates that the Town of Tillsonburg shall be held harmless as a consequence of any of the tenant’s activities which would include any negative environmental impacts as a result of poor septic bed maintenance by the tenants. Further consultation with the Oxford County Public Health Unit revealed no issues at this time. Action Items • None at this time. Page 3 / 7 219 4.0 Hydro Primary Metering Hydro service at the Airport is currently provided by Hydro One meters at each individual hanger and Terminal Building similar to that of a residential community. The Airport received notification from Hydro One in late 2013 of the need to convert the Airport hydro service to primary metering in order to facilitate continued expansion. Primary metering is when the hydro service enters a property at one metered location before being distributed throughout the remainder of the property. The Hydro One request was prompted due to the demand for electricity at the Airport surpassing the 167 KVA threshold (currently at 200-250 KVA) as a result of Airport growth and expansion. The table below provides a summary of available options. OPTION STRUCTURE DETAILS ESTIMATE Option 1 Primary Metering with Existing Hydro One Infrastructure • Install primary metering at Airport entrance. • Receive cost estimate to transfer ownership of existing onsite Hydro One infrastructure to the Town of Tillsonburg, in as is condition. • Hanger expansion permissible on both the east (recreational) and west (commercial/ business) side, but with limited hydro loading capacity. • Limits any large scale business opportunities • Limited lifespan remaining of existing hydro assets. • Airport responsible to invoice all hanger customers. $50,000 to $100,000 Option 2 Three Phase Power Installed on Airport Rd from Hwy 19 (Hydro One ROW) • Complete Hydro One application form indicating predicted annual hydro consumption. • Receive cost estimate from Hydro One to install three phase power from Hwy 19 to the Airport within existing Hydro One corridor along the south side of Airport Road and install primary metering at Airport entrance. • Potential Hydro One incentives as a result of increased hydro usage plan. • Hydro One would remove all single phase transformers and Tillsonburg Hydro would install new three phase transformers. • Hangar expansion would be unconstrained on both the east (recreational) and west (commercial/business) side. • Airport responsible to invoice all hanger customers. $650,000 to $750,000 Page 4 / 7 220 Option 3 Three Phase Power Installed on Airport Property from Hwy 19 • Complete Hydro One application form indicating predicted annual hydro consumption. • Receive cost estimate from Hydro One to install three phase connection at Hwy 19. • Receive cost estimate from Tillsonburg Hydro to construct three phase power lines from Hwy 19 connection to Airport along north side of Airport Road on Town property. • Potential Hydro One incentives as a result of increased hydro usage plan. • Hydro One would remove all single phase transformers and Tillsonburg Hydro would install new three phase transformers. • Hangar expansion would be unconstrained on both the east (recreational) and west (commercial/business) side. • Airport responsible to invoice all hanger customers. $350,000 to $400,000 Option 4 Do nothing • Hydro One continues to invoice hangers accordingly. • Hangar expansion limited to four on the west (recreational) side. • No Hanger expansion possible on east (commercial/business) side. • Limits any new business opportunities. • Limited lifespan remaining of existing hydro assets. None Action Items • Determine which option is best suited for the Tillsonburg Airport hydro system in 2017 • Include the hydro infrastructure upgrade in 2018 Capital Budget for consideration 5.0 Runway and Existing NOTAM The runways and taxiways at the Tillsonburg Airport appear to be in fair condition, but require additional preventative maintenance to achieve their service life potential. The rehabilitation of Taxiway C approved in 2014 was completed earlier this year along with approximately 4,500 m of crack sealing on the main Runway. There is approximately another 10,000 meters of crack sealing that remains to be completed to ensure service life potential of the Runway estimated to cost approximately $30,000. Page 5 / 7 221 A Notice to Airmen (NOTAM) is a notice filed with an aviation authority to alert aircraft pilots of potential hazards along a flight route or at a location that could affect the safety of the flight. There is an existing NOTAM for the 7 acres of tree regeneration at the east end of the Runway on Town property. Public Works is progressively working towards removing the tree regeneration and converting the 7 acres into farmable land for use in future land rental agreements. Once completed the NOTAM will be removed increasing the usable length by 500ft for a total 4,500ft Runway. When the Runway was rehabilitated in 2009 additional Runway length was constructed at the time utilizing the residual funding grant proceeds to create a total 5,500ft Runway. Unfortunately in order to utilize the full 5,500ft Runway a significant amount (approximately 40 acres) of woodlot located on both Town and private property would need to be removed. A more feasible option that aligns more closely with other similar sized Airports would be to strive for the use of a 5,000ft Runway which would require the removal of an additional 5 acres of woodlot on Town property and approximately 7 acres of woodlot on private property. Action Items • Conduct a pavement condition assessment and develop a rehabilitation schedule • Budget 50% of the remaining crack sealing in 2017 & 2018 Capital Budgets respectively. • Explore feasibility of additional woodlot removal to achieve a 5,000ft Runway 6.0 Master Plan Document Since the 1989 Airport Master Plan there has been a considerable amount of progress and development. Last year a significant amount of effort was invested into updating the drawings and concepts of the Master Plan for the Tillsonburg Regional Airport, however updates to the accompanying document that coincides with the updated drawings and concepts remains outstanding. A new Master Plan document that incorporates the updated drawings and concept work from last year should be completed by an aviation consultant. The cost of an aviation consulting firm to finalize an updated Master Plan document is estimated at $35,000. Action Items • Budget to finalize the Master Plan document in the 2017 Capital Budget Page 6 / 7 222 FUNDING IMPACT/ FUNDING SOURCE A financial plan summary of the items identified in this report is provided below. Additional strategic items identified by the Airport Advisory Committee will be incorporated as they are brought forward for Council consideration. YEAR ITEM CAPITAL BUDGET OPERATING BUDGET 2017 • Self-Serve Fuelling Conversion $50,000 Annual Increase • Crack Sealing $15,000 • Finalize Master Plan $35,000 2018 • Hydro Infrastructure Upgrade TBD Reduce by $75,000 • Crack Sealing $15,000 • Water System Improvements TBD 2019 • Woodlot Removal – 5,000ft Runway TBD Annual Increase Future • Fuel Tank Replacement $175,000 Page 7 / 7 223 Report Title Negotiated Results for RFP 2016-002 Fire Pumper Apparatus Report No. OPS 16-32 Author Kevin De Leebeeck, P.Eng. Director of Operations Jeff Smith, Fire Chief / CEMC Meeting Type Council Meeting Council Date November 14, 2016 Attachments • None RECOMMENDATION: THAT Council receive Report OPS 16-32, Negotiated Results for RFP 2016-002 Fire Pumper Apparatus; AND THAT Council approves the post-tender negotiations and awards RFP 2016-002 to Darch Fire Inc. of Ayr, Ontario at a cost of $498,279.03 (net HST included); AND THAT Council authorize the re-allocation of 2016 approved debt proceeds from the Connecting Link Resurfacing project in the amount of $62,500 to fund the remaining project cost. SUMMARY At the Regular Council meeting of September 12, 2016 report OPS 16-25 Results for RFP 2016-002 Fire Pumper Apparatus was debated in great length with the following resolution voted on and defeated. “THAT Council receive Report OPS 16-25, Results for RFP 2016-002 Fire Pumper Apparatus; AND THAT Council award RFP 2016-002 to Darch Fire Inc. of Ayr, Ontario at a cost of $661,978.86 (net HST included), the highest scoring proposal received; AND THAT Council direct staff to include the funding source for the remaining amount of $226,978.86 as part of the 2017 fleet capital replacement program.” The motion is defeated. The Evaluation Committee, in accordance with section 21.9 of the RFP document, which states the “The Town reserves the right to negotiate with a bidder of the Town’s choice, if all bids are over budget or too high”, negotiated with Darch Fire Inc., the highest scoring proposal, on several items to reduce the purchase price to $498,279.03 (net HST included). A summary of the negotiated items and the service level impacts is provided in Table 1. The estimated Page 1 / 7 224 time of delivery from order placement is approximately 2 to 3 months. It is therefore staff’s recommendation, should Council award the RFP, that Darch Fire Inc. be retained for this project at the post-tender negotiated price. CONSULTATION/COMMUNICATION For consistency the Evaluation Committee composed of the Fire Chief, Fleet Maintenance Foreperson and Director of Operations were assembled during both the proposal evaluations and post-tender negotiations. FINANCIAL IMPACT/FUNDING SOURCE The 2016 approved budget for this replacement unit is $435,000 of debenture. The recommended negotiated purchase price of $498,279.03 (net HST included) exceeds the approved budget by $63,279.03. Staff are recommending that $62,500 of approved 2016 debt proceeds for the Connecting Link Resurfacing project be re-allocated to facilitate this unit replacement. As per OPS 16-18 this funding re-allocation will not affect any potential future Connecting Link opportunity for the rehabilitation of Broadway St. north of North St. The residual amount of $779.03 can be accommodated within the fleet maintenance operating budget. CAO COMMENT Staff has worked diligently to procure pricing for Fire Pumper Apparatus that respects Council’s concern regarding budget adherence, yet maintains public safety through the provision of proper fire suppression tools as well as Firefighter safety through the provision of proper firefighting apparatus. Although the apparatus being recommended in this report may not be the first choice of administration, it is a compromise in sourcing a vehicle that provides an acceptable level of service to meet the present needs of the Fire Department and effective fire protection to the community. The vehicle being recommended has been manufactured and is currently in the vendor’s inventory. As noted in the report, the apparatus being recommended is over the budget allocation by approximately $63,000 which will require Council’s approval for a reallocation of previously approved debt for another project that is no longer required. I am of the opinion that the recommendations being proposed ensure that the Town is getting value for money without compromising on public safety, reliability, firefighter safety and operational efficiencies. The staff report notes the service impacts of the recommended apparatus, but it is also important to note that the ability to provide fire suppression is not significantly impacted. Page 2 / 7 225 Table 1: Negotiated Comparison Summary Section Specification Requirement Negotiated Supply Service Impact DESIGN DIMENSIONS Maximum dimensions Wheelbase not to exceed 4375mm 4362.5mm Overall vehicle length 106.25mm longer than specified. Increased length will make parking within existing fire station tighter than anticipated. Front & rear overhang not to exceed 2100mm 2200mm front & 2150mm rear PUMPER FIRE APPARATUS REQUIREMENTS Hose Beds Various sizes related to specified discharges. Different than specified, based on discharges provided. See Fire Pump and Associated Equipment section below. See Fire Pump and Associated Equipment section below. Cross Lays 3 required - 2 capable of storing 65mm hose & 1 capable of storing 45mm hose. 2 provided, both sized for 45mm hose only. Decreased immediate capability. Larger hose lines will have to be deployed from rear of apparatus (1 only). Additional large hose lines will have to be deployed from the sides of apparatus using hose that is stored on top of apparatus. Less efficient operation on the fire ground. CHASSIS AND VEHICLE COMPONENTS Front axle Meritor 20,000 lb with 21,000 lb taper spring Dana 18,000 lb Less equipment carrying capacity for future provisioning Rear axle Meritor 30,000 lb with 31,000 lb taper spring Dana 24,000 lb Less equipment carrying capacity for future provisioning Anchor points Two rope rescue anchor points on front of apparatus Not provided Was to be used an anchor point for low angle rope rescue. Will not have that capability. Page 3 / 7 226 Section Specification Requirement Negotiated Supply Service Impact LOW VOLTAGE ELECTRICAL SYSTEMS AND WARNING DEVICES Multi-Plex Control All low voltage electrical systems to be multiplexed with a single system, complete with a data logger module and modem connection. Apparatus not multiplexed; wired with relays. Increased maintenance costs over life of apparatus. Increased wiring on apparatus and dependence on relays will make diagnosing electrical problems harder over life of the apparatus. Warning devices Various requirements, fire fleet standard Intent of specification met. Warning lighting meets minimum standard. No redundant warning devices provided (single siren speaker vs dual, etc.). Utilizing a Fleet Standard for equipment and accessories on fire apparatus was intended to reduce the number of spare items warehoused by Fleet Services. Working lighting Various requirements for working lighting around apparatus body and search light Minimum standard for ground lighting provided. Minimal working lighting on apparatus body provided. No search light included. Work lighting required for safe operations on and around apparatus at night. Search light used primarily for searching address numbers at night. DRIVING AND CREW AREAS Cab design Barrier style doors Full height doors Increased weight and wear on door hinges. Increased maintenance over the life of apparatus. Cab interior Impact resistant finish Automotive paint finish Decreased resistance to wear and tear. Page 4 / 7 227 Section Specification Requirement Negotiated Supply Service Impact BODY COMPARTMENTS AND EQUIPMENT MOUNTING Compartment sizes Various sizes specified, based on operational needs. Two-arm ladder rack specified. Compartment sizes proposed similar to specification. Internal ladder storage proposed. Anticipate majority of equipment will be accommodated on apparatus. Internal ladder storage decreases available compartment space on passenger side of apparatus. Pump module compartments One compartment either side of apparatus (2 total) located in the pump module for storage of apparatus operator's Self-Contained Breathing Apparatus and medical gear. Not provided Equipment that was to be stored in these compartments will have to be accommodated elsewhere on the apparatus, decreasing overall compartment space for equipment. SCBA Cylinder Storage In wheel arches and in left-rear compartment In wheel arches and in compartment at rear of apparatus Design was for spare SCBA cylinders to be in rear compartment on pump panel side of apparatus. This would enable the operator to assist changing cylinders and still be near the pump panel to monitor apparatus operations at working fires. Compartment doors Pan style hinged doors Roll-up doors Increased maintenance costs over life of apparatus. Roll-up doors require periodic maintenance and seal replacement to ensure compartments remain weather tight. Page 5 / 7 228 Section Specification Requirement Negotiated Supply Service Impact FIRE PUMP AND ASSOCIATED EQUIPMENT Mid-Ship pump 6000 litres per minute rating 5000 litres per minute Decreased capacity to flow water at fires. Fewer hand lines can operate off of this apparatus. Will have negative impact at large incidents and at facilities with standpipe connections. LDH discharge (see below) will flow less water than specified. Will have impact during relay pumping operations as well as feeding standpipe/sprinkler systems of large buildings. Front intake Front intake for water rated at 70% of pump capacity. Not provided Front intake typically used to connect to fire hydrant and keep hose out of working area around truck. Also used for drafting operations. Discharges 65mm - 7 specified 4 provided Fewer 65mm discharges will limit amount of water that can be applied to fires. Larger facilities such as hospitals, apartment buildings, factories can require 4 or more 65mm discharges to feed standpipe and sprinkler systems. 38mm - 1 specified 3 provided Large Diameter Hose (LDH) - 1 specified 1 provided Page 6 / 7 229 Section Specification Requirement Negotiated Supply Service Impact CONTRACTOR SUPPLIED AND MOUNTED EQUIPMENT Monitor Portable deck gun / ground monitor with base. Fixed monitor provided Deck gun fixed to apparatus cannot be used at end of hose line. Hydrant Assist Valve 1 specified None provided 4-way valve for connecting to fire hydrant. Allows second apparatus to boost water pressure at hydrant without interrupting flow to emergency scene. Page 7 / 7 230 Report Title New Building Canada Fund - Small Communities Fund Contribution Agreement SCF-0686 Report No. OPS 16-33 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date November 14, 2016 Attachments • NBCF - SCF Agreement File Number SCF-0686 RECOMMENDATION: THAT Council receive Report OPS 16-33, New Building Canada Fund - Small Communities Fund Contribution Agreement SCF-0686; AND THAT a By-law authorizing Mayor and Clerk to execute Agreement SCF-0686 with the Province of Ontario be brought forward for Council consideration; AND THAT the Town’s portion of $350,000 be funded by debenture and included in the 2017 budget. SUMMARY In August of 2016, the Town received correspondence from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) that the Newell Road Reconstruction project had been approved for funding under the New Building Canada Fund (NBCF) – Small Communities Fund (SCF). Further to staff report OPS 16-26, and in order to receive the funding allocation, the Town must now execute the attached NBCF-SCF Agreement. The Agreement must be signed and sealed, and two copies returned to OMAFRA by November 30th 2016. The Town must also pass a by-law to execute the project-level Agreement with the Province. A copy of the by-law must also be forwarded to OMAFRA, along with the Agreement. CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Ministry’s Project Analyst assigned to the project file. Page 1 / 2 231 FINANCIAL IMPACT/FUNDING SOURCE The total project cost, less rebatable taxes, is $1,049,021. Under the NBCF-SCF, the Federal and Provincial governments will each provided 33% toward the total eligible costs of the project up to a combined maximum of $699,347. The remaining $349,674 of the project constitutes the Towns 33% portion that will require a funding source in the 2017 budget. Staff are requesting that the Town’s portion of $350,000 be funded by debenture and included in the 2017 budget. Page 2 / 2 232 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 1 of 46 NEW BUILDING CANADA FUND – SMALL COMMUNITIES FUND AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) I. BACKGROUND The Government of Canada established the Small Communities Fund (the “SCF”) as a component of the New Building Canada Fund under the Economic Action Plan 2013 as a renewed commitment to infrastructure priorities across Canada. The Government of Canada has committed one billion dollars ($1,000,000,000.00) over ten (10) years towards the SCF for projects in smaller communities that address local priorities while contributing to national or regional objectives, support economic growth, a clean environment and stronger communities. The purpose of the SCF is to improve and renew public infrastructure in Ontario’s communities with populations under one hundred thousand (100,000) people. The Government of Ontario has also made a renewed commitment to infrastructure within Ontario. The Government of Canada and the Government of Ontario entered into the Canada – Ontario New Building Canada Fund Small Communities Fund Funding Agreement 2014-2024, effective November 3, 2014, which set out the rights, obligations and requirements with respect to investments under the SCF. The Recipient applied to the SCF for funding to assist the Recipient in carrying out the Project, the Recipient is eligible to receive funding under the SCF and both Ontario and Canada wish to provide funding for the Project. II. CONSIDERATION In consideration of the mutual covenants and agreements contained in this agreement (the “Agreement”) and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Province and the Recipient (the “Parties”) agree as follows: III. ENTIRE AGREEMENT This Agreement, including Schedule “A” – General Terms And Conditions, Schedule “B” – Operational Requirements And Additional Terms and Conditions, Schedule “C” – Project Description, 233 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 2 of 46 Schedule “D” – Project Financial Information, Schedule “E” – Communications Protocol, Schedule “F” – Reporting Requirements, and any amending agreement entered into as provided for below, constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. IV. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. V. AMENDING AGREEMENT This Agreement may only be amended by a written agreement duly executed by the Parties. VI. ACKNOWLEDGEMENT The Recipient: (a) Acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) Agrees to be bound by the terms and conditions in the entire Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs ______________________________________ ___________________ Name: Randy Jackiw Date Title: Assistant Deputy Minister I have the authority to bind the Crown pursuant to delegated authority. THE CORPORATION OF THE TOWN OF TILLSONBURG Name: Name: Title: Title: Date: Date: I/We have the authority to bind the Recipient. AFFIX CORPORATE SEAL 234 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 3 of 46 SCHEDULE “A” GENERAL TERMS AND CONDITIONS ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpreting this Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference only and will not affect the interpretation of this Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as that statute and regulations may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of the Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles in effect in Canada; and (h) The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive. 1.2 Definitions. In this Agreement, the following terms will have the following meaning “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Additional Conditions” means the terms and conditions referred to in section 9.1 of Schedule “A” of this Agreement and specified in section B.2 of Schedule “B” of this Agreement. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement and as treated or defined under Generally Accepted Accounting Principles. “Asset” means any moveable or non-moveable real or personal property constructed, rehabilitated or improved, in whole or in part, with Funds provided under this Agreement. “Auditor General” means the Auditor General of Ontario and/or the Auditor General of Canada, depending on the context. “BPSAA” means the Broader Public Sector Accountability Act, 2010. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance 235 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 4 of 46 Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Canada” means Her Majesty the Queen in Right of Canada. “Communications Protocol” means the protocol set out under Schedule “E” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. “Contract” means an agreement between the Recipient and a third-party whereby the third-party agrees to provide a good or service for the Project in return for financial consideration that may be claimed by the Recipient as an Eligible Cost. “Effective Date” means the date on which this Agreement is effective, as set out under section B.1.1 of Schedule “B” of this Agreement. “Eligible Costs” means those costs set out under section D.3 of Schedule “D” of this Agreement. “Event of Default” has the meaning ascribed to it in section 15.1 of Schedule “A” of this Agreement. “Expiration Date” means the date on which this Agreement will expire, as set out under section B.1.2 of Schedule “B” of this Agreement unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. “FAA” means the Financial Administration Act. “Failure” means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. “FIPPA” means the Freedom of Information and Protection of Privacy Act. “Funding Year” means: (a) In the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, and (b) In the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money provided to the Recipient pursuant to this Agreement. “Holdback” means the amount set out under section D.1.2 of Schedule “D” of this Agreement. 236 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 5 of 46 “Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers, appointees, officers, employees, servants and agents as well as Her Majesty the Queen in Right of Canada, Her Ministers, appointees, officers, employees, servants and agents. “Ineligible Costs” means those costs set out under section D.4 of Schedule “D” of this Agreement. “Maximum Funds” means the maximum amount of Funds the Recipient is eligible to receive under this Agreement, as set out under section D.1.1 of Schedule “D” of this Agreement. “Minister” means the Minister of Agriculture, Food and Rural Affairs. “Notice” means any communication given or required to be given pursuant to this Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “C” of this Agreement. “Project Approval Date” means the date set out in section B.1.3 of Schedule “B” of this Agreement and is the first date in which the Recipient may incur Eligible Costs for the Project. “Project Completion Date” means the date set out in section B.1.4 of Schedule “B” of this Agreement and is the last date in which the Recipient may incur Eligible Costs for the Project. “Project Investment Commitment” means the minimum financial contribution that the Recipient will provide toward completing the Project, as set out under section D.2.1 of Schedule “D” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996. “Reports” means the reports set out under Schedule “F” of this Agreement. “Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA and other type of broader public sector accountability legislative provisions are deemed to be a Requirement of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act. 237 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 6 of 46 “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.3 Expiration Of Agreement. This Agreement will expire on the Expiration Date, unless amended or terminated prior to the Expiration Date in accordance with the terms and conditions of this Agreement. 1.4 Conflict. Subject to section 9.1 of Schedule “A” of this Agreement, in the event of a conflict between this Schedule “A” of the Agreement and any other Schedule of this Agreement, the terms and conditions set out under this Schedule “A” of the Agreement will prevail. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, a validly existing legal entity with the full power to fulfill its obligations under this Agreement; (b) Where applicable, it has passed the requisite by-laws to enter into this Agreement and undertake the Project; (c) It is in compliance with all Requirements of Law and it will remain in compliance with all Requirements of Law throughout the Term of this Agreement; (d) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (e) It has secured the funds necessary to meet its Project Investment Commitment; (f) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project or it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (g) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true, correct and complete at the time the Recipient provided it. 2.2 Execution Of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has in writing and will maintain for the Term of this Agreement: (a) A code of conduct and ethical responsibilities for the Recipient; (b) Procedures to ensure the ongoing effective functioning and continuance of the Recipient until the Expiration Date of this Agreement; (c) Decision-making mechanisms; (d) Procedures for the prudent and effective management of any Funds being provided under this Agreement; (e) Procedures to enable the timely identification of risks that would interfere with the Recipient meetings its obligations under this Agreement and strategies to address the identified risks; (f) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and 238 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 7 of 46 (g) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 2.4 Proof Of Compliance Upon Ontario’s Request. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article 2 of the Agreement. 2.5 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections 2.1, 2.2 or 2.3 of Schedule “A” of this Agreement during the Term of this Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. ARTICLE 3 THE RECIPIENT AND THE PROJECT 3.1 Project Investment Commitment. The Recipient will invest a minimum amount equal to the Project Investment Commitment for the Project between the Effective Date of this Agreement and the Project Completion Date or the termination of this Agreement, whichever is sooner. 3.2 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation in regards to its Project Investment Commitment changes; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project in the event that its Project Investment Commitment is not sufficient to complete the Project. 3.3 Responsibility For The Project. The Recipient acknowledges and agrees that the Recipient is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that it will not seek to hold the Province or Canada responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Project Completion. The Recipient will ensure that the Project is Substantially Completed by the Project Completion Date in accordance with the terms and conditions of this Agreement. ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province will: 239 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 8 of 46 (a) Provide the Recipient up to the Maximum Funds for the sole purpose of carrying out the Project; (b) Provide the Funds to the Recipient in accordance with section D.5 of Schedule “D” of this Agreement; (c) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient. 4.2 Limitation On Payment Of Funds. Despite section 4.1 of Schedule “A” of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 12.2 of Schedule “A” of this Agreement; (b) The Province is not obligated to provide any instalment or payment of Funds until it is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs in any Funding Year based upon the Province’s assessment of the information provided by the Recipient pursuant to Article 7 of Schedule “A” of this Agreement; (d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs, or (ii) Terminate the Agreement pursuant to section 14.1 of Schedule “A” of this Agreement; (e) If the Province does not receive sufficient funds from Canada, the Province is not obligated to make any payment to the Recipient, and, as a consequence, the Province may: (i) Reduce the amount of Funds being provided under the Agreement and, in consultation with the Recipient, change the Project without liability, penalty or costs, (ii) Recover Funds already paid to the Recipient, or (iii) Terminate the Agreement in the same manner as is set out under section 14.1 of Schedule “A” of this Agreement; (f) The Province may impose a Holdback on any instalment of Funds and will not be obligated to pay that Holdback to the Recipient until forty-five (45) Business Days after the Province approves the Recipient’s Final Report. 4.3 Use Of Funds And Project. The Recipient will: (a) Carry out the Project in accordance with the terms and conditions of this Agreement; (b) Use the Funds only for Eligible Costs that are directly related to the Project and are for the sole purpose of carrying out the Project; and (c) Not use the Funds on Ineligible Costs or to cover any specific cost that has or will be funded or reimbursed by any third party, including other ministries, agencies and organizations of the Government of Ontario. 4.4 Province And Canada’s Role Limited To Providing Funds. For greater clarity, the Province and Canada’s role under this Agreement is strictly limited to providing Funds to the Recipient for the purposes of the Project and the Province and Canada are not a decision- maker in regards to the Project nor is the Province or Canada responsible for carrying out the Project. Without limiting the generality of the foregoing, the fact that the Province or 240 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 9 of 46 Canada may conduct reviews and/or audits of the Project as provided for hereinafter or the Province issues directions, consents to changes to the Project or impose conditions upon any consents in accordance with the terms and conditions of this Agreement will not be construed by the Recipient as the Province having a management, decision-making or advisory role in relation to the Project. The Recipient further agrees that the Recipient will not seek to name the Province or Canada as a decision-maker, advisor or manager of the Project in any matter before a third party, court, tribunal or arbitrator. 4.5 Provision Of Funds Does Not Obligate Province Or Canada To Assist Recipient In Obtaining Approvals, Licences or Permits. The Recipient acknowledges and agrees that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature or Parliament to issue any type of approval, licence, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under this Agreement. 4.6 No Changes. The Recipient will not make any changes to the Project without providing Notice to the Province and receiving the Province’s prior written consent before undertaking any changes to the Project. 4.7 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for the Project. 4.8 Recipient Earning Interest On Funds. If the Recipient earns any interest on the Funds, the Province may: (a) Deduct an amount equal to the interest from any further installment of the Funds; or (b) Demand from the Recipient the repayment of an amount equal to the interest. 4.9 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient. 4.10 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. 4.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. 4.12 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. ARTICLE 5 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS 5.1 Acquisition. If the Recipient acquires goods, services or both with the Funds, it will: 241 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 10 of 46 (a) Do so through a process that is transparent, fair and promotes the best value for the money expended and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient; and (b) Comply with any Requirements of Law and any procurement policies that may be applicable to how the Recipient acquires goods, services or both. Without limiting the generality of the foregoing: (a) Where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient will follow its procurement policies when procuring goods, services or both; and (b) Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario) and the Recipient is looking to procure goods, services or both, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient will obtain at least three (3) written quotes when procuring goods, services or both. 5.2 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project as the Province see fit in connection with Article 7 of Schedule “A” of this Agreement. 5.3 Revenue From Assets. The Recipient will provide Notice to the Province when an Asset in any given Funding Year generates revenue that exceed its costs, including operating costs, alternative financing partnerships or public-private partnership costs and provisions for future life cycle costs. The Province may, in its sole and absolute discretion, deem the amount of revenue generated from the Asset in excess of its costs within the first five (5) years after the Project is Substantially Completed that is proportionate to the Funds provided under this Agreement to be an overpayment and the Recipient will repay that overpayment to the Province. 5.4 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or otherwise dispose of any Asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule “B” of this Agreement at the time of purchase for the time period set out under section B.1.6 of Schedule “B” of this Agreement. In the event the Recipient fails to comply with the requirements set out under this section 5.3 of Schedule “A” of this Agreement, the Province may recover its Funds from the Recipient in accordance with section B.1.7 of Schedule “B” of this Agreement. For greater clarity, the remedy provided under this section 5.3 of Schedule “A” of this Agreement does not limit any other remedies that the Province may have under this Agreement. ARTICLE 6 CONFLICT OF INTEREST 6.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 242 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 11 of 46 6.2 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure. ARTICLE 7 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section B.1.8 of Schedule “B” of this Agreement all Reports in accordance with the timelines and content requirements set out in Schedule “F” of this Agreement, or in a form as specified by the Province from time to time; (b) Ensure that all Reports are completed to the satisfaction of the Province; and (c) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying attestation has been completed. 7.2 Records Maintenance. The Recipient will keep and maintain for a period of seven (7) years from the Expiration Date of this Agreement: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province and Canada, their authorized representatives or an independent auditor identified by the Province or Canada may, at their own expense, upon twenty-four (24) hours’ Notice to the Recipient during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section 7.2 of Schedule “A” of this Agreement; (b) Remove any copies made pursuant to section 7.3(a) of Schedule “A” of this Agreement from the Recipient’s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. 7.4 Disclosure. To assist in respect of the rights set out under section 7.3 of Schedule “A” of this Agreement, the Recipient will disclose any information requested by the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada and will do so in the form requested by the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada, as the case may be. 7.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province or Canada any control whatsoever over the Recipient’s records. 243 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 12 of 46 7.6 Auditor General. For greater certainty, the Province and Canada’s rights under this Article of the Agreement are in addition to any rights provided to the Auditor General. ARTICLE 8 COMMUNICATIONS 8.1 Acknowledgement And Support. The Recipient will follow the Communications Protocol set out under Schedule “E” of this Agreement. ARTICLE 9 ADDITIONAL CONDITIONS 9.1 Additional Conditions. The Recipient will comply with any Additional Provisions set out under section B.2 of Schedule “B” of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Conditions and any requirements of this Schedule “A” of the Agreement, the Additional Conditions will prevail. ARTICLE 10 ACCESS TO INFORMATION 10.1 Access To Information. The Recipient acknowledges that the Province is bound by the FIPPA and that Canada is bound by the Access to Information Act (Canada). 10.2 Disclosure Of Information. Any information provided to the Province or Canada in connection with the Project or otherwise in connection with this Agreement may be subject to disclosure in accordance with FIPPA, the Access to Information Act (Canada) and any other Requirements of Law. ARTICLE 11 INDEMNITY 11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, including claims for infringement of rights, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the negligence or wilful misconduct of the Province or Canada, as the case may be. 11.2 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province and/or Canada, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. 11.3 Election. The Province and/or Canada may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province and/or Canada under this Agreement, at law or 244 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 13 of 46 in equity. Each Party participating in the defence will do so by actively participating with the other’s counsel. 11.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province and/or Canada. If the Recipient is requested by the Province and/or Canada to participate in or conduct the defence of any proceeding, the Province and/or Canada, as the case may be, will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. 11.5 Recipient’s Co-operation. If the Province and/or Canada conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province and/or Canada, to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE 12 INSURANCE 12.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain until the Project Completion Date, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount set out under section B.1.9 of Schedule “B” of this Agreement per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course or performance of the Recipient’s obligations under, or otherwise in connection with, the Project or this Agreement; (b) A cross-liability clause; (c) Contractual liability coverage; and (d) A thirty (30) day written notice of cancellation provision. 12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in the Notice, that confirms the insurance coverage as required under section 12.1 of Schedule “A” of this Agreement. 12.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of “first call” or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under this section 12.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement. ARTICLE 13 TERMINATION ON NOTICE 245 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 14 of 46 13.1 Termination On Notice. The Province may terminate this Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient. 13.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section 13.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b) of Schedule “A” of this Agreement; and (ii) Subject to section 4.10 of Schedule “A” of this Agreement, provide Funds to the Recipient to cover such costs. ARTICLE 14 TERMINATION WHERE NO APPROPRIATION 14.1 Termination For Insufficient Funds. If, as provided for in sections 4.2(d) or 4.2(e) of Schedule “A” of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature or from Canada for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. 14.2 Consequences Of Termination For Insufficient Funds. If the Province terminates this Agreement pursuant to section 14.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (c) Demand the repayment of an amount equal to any Funds provided to the Recipient, even though the Project is partially completed; and (d) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 14.2(b) of Schedule “A” of this Agreement. 14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section 14.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE 15 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 15.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project; 246 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 15 of 46 (ii) Use or spend the Funds; or (iii) Provide any and all Reports required under this Agreement; (b) The Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) The Recipient ceases to operate. 15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds; (e) Cancel any further installments of the Funds; (f) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) Demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds provided under this Agreement to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 15.3 Opportunity To Remedy. If, in accordance with section 15.2(b) of Schedule “A” of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The Notice Period. 15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 15.2(b) of Schedule “A” of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 15.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement. 15.5 When Termination Effective. Termination under this Article 15 of Schedule “A” of this Agreement will take effect as set out in the Notice. ARTICLE 16 FUNDS AT THE END OF A FUNDING YEAR 247 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 16 of 46 16.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under Article 15 of Schedule “A” of this Agreement, if the Recipient has not spent all of the Funds allocated for the Funding Year, the Province may take one or both of the following actions: (a) Demand the return of the unspent Funds; and (b) Adjust the amount of any further installments of Funds accordingly. ARTICLE 17 FUNDS UPON EXPIRY 17.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 18 REPAYMENT 18.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds from any further installments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds to the Province. 18.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) The Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section will not affect any Funds that the Recipient is holding in trust for the Province under section 4.7 of Schedule “A” of this Agreement. 18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 18.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section 19.1 of Schedule “A” of this Agreement. 18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does not repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Right of Ontario. 248 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 17 of 46 ARTICLE 19 NOTICE 19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section B.1.10 of Schedule “B” of this Agreement or as either Party later designates to the other by Notice. 19.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. 19.3 Postal Disruption. Despite section 19.2(a) of Schedule “A” of this Agreement, in the event of a postal disruption, (a) Notice to the Province by postage-prepaid mail will not be deemed to be received; and (b) The Province will provide Notice by email, personal delivery or fax. ARTICLE 20 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing that consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. ARTICLE 21 SEVERABILITY OF PROVISIONS 21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE 22 WAIVER 22.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 19 of Schedule “A” of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide such a waiver. 249 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 18 of 46 ARTICLE 23 INDEPENDENT PARTIES 23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. ARTICLE 24 ASSIGNMENT OF AGREEMENT OR FUNDS 24.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. 24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 25 GOVERNING LAW 25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE 26 FURTHER ASSURANCES 26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent. ARTICLE 27 JOINT AND SEVERAL LIABILITY 27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. ARTICLE 28 RIGHTS AND REMEDIES CUMULATIVE 250 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 19 of 46 28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE 29 ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES 29.1 Recipient Acknowledges. The Recipient acknowledges: (a) It is receiving Funds from the Province and Canada for the Project and is not providing goods or services to the Province or Canada; (b) That by receiving Funds it may become subject to legislation applicable to organizations that received funding from the Government of Ontario, including the BPSAA, the PSSDA and the Auditor General Act (Ontario); (c) That the Province has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA; and (c) It will comply with any such legislation, including directives issued thereunder, to the extent applicable. ARTICLE 30 JOINT AUTHORSHIP 30.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE 31 FAILURE TO COMPLY WITH OTHER AGREEMENTS 31.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE 32 SURVIVAL 32.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the date of expiry or termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections, schedules and appendices will continue in full force and effect for a period of seven (7) years from the date 251 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 20 of 46 of expiry or termination: Article 1 and any other applicable definitions, sections 4.2 and 4.8, section 7.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province, sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8, Article 11, sections 13.2 and 13.3, sections 14.2 and 14.3, sections 15.1, 15.2(d), (e), (f), (g) and (h), Article 17, Article 18, Article 19, Article 21, section 24.2, Article 25, Article 27, Article 28, Article 29, Article 30 and Article 31. [Rest Of Page Intentionally Left Blank – Schedule “B” Follows] 252 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 21 of 46 SCHEDULE “B” OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND CONDITIONS B.1 – OPERATIONAL REQUIREMENTS B.1.1 Effective Date. The Effective Date of this Agreement is the date in which the Province signs the Agreement. B.1.2 Expiration Date. The Expiration Date of this Agreement is December 31, 2023. B.1.3 Project Approval Date. The Project Approval Date is July 22, 2016. B.1.4 Project Completion Date. The Project Completion Date is March 30, 2018. B.1.5 Disposal Of Assets. There is no disposal of asset amount requirement for the purposes of section 5.4 of Schedule “A” of this Agreement. B.1.6 Asset Retention Period. The Recipient will not sell, lease or otherwise directly or indirectly dispose of any Asset, other than to Canada, the Province or a Local Government (defined to mean a “municipality”, as defined in the Municipal Act, 2001 (Ontario) and includes a local board of a municipality and a board, commission or other local authority constituted pursuant to provincial legislation whose purpose is to manage municipal affairs or the affairs of areas without municipal organization) for a period of five (5) years from the Project Completion Date. B.1.7 Asset Retention Repayment Requirement. The Province may demand the Recipient repay to the Province an amount up to the Maximum Funds provided under this Agreement where the Recipient fails to retain the Asset for the amount of time set out under section B.1.6 of Schedule “B” of the Agreement. Where the Province makes a demand pursuant to this section 1.7 of Schedule “B” of the Agreement, the Recipient will pay to the Province the demanded amount within the time period set out in the Notice. B.1.8 Submission Of Reports. All Reports under this Agreement will be submitted to the Province using the address supplied under section B1.10 of this Schedule “B” of the Agreement or any other person identified by the Province in writing. B.1.9 Insurance Amount. The amount of insurance the Recipient will have for the purposes of section 12.1 of Schedule “A” of this Agreement is two million dollars ($2,000,000.00). 253 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 22 of 46 B.1.10 Providing Notice. All Notices under this Agreement will be provided to: TO THE PROVINCE TO THE RECIPIENT Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Fax: 519-826-3398 Email: SCF@ontario.ca The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, Ontario, N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Email: kdeleebeeck@tillsonburg.ca or any other person identified by the Parties in writing through a Notice. B.2 – ADDITIONAL CONDITIONS B.2.1 Aboriginal Consultation. The Province and the Recipient agree to the following: (a) The provision of Funds under this Agreement is strictly conditional upon the Province satisfying any obligations that it may have with and, if required, accommodate any Aboriginal Group with an interest in the Project; (b) The Recipient will act as the Province’s delegate for any procedural aspects of any consultation obligations that the Province may have with any Aboriginal Group in relation to the Project; (c) The Recipient’s obligations as the Province’s delegate will include: (i) Following the process set out under the Appendix to this Schedule “B” of the Agreement as it relates to consulting with any Aboriginal Group that may have an interest in the Project, (ii) Taking directions from the Province in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions the Province may issue in relation to consultations, including suspending or terminating the Project, and (iii) Providing a detailed description of any actions the Recipient took in relation to consultation with any Aboriginal Group that has an interest in the Project; and (d) The Recipient will not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as the Province may direct, after it has provided the Province with written evidence that the Recipient has sent a notice about the Project to the Aboriginal Groups the Province has identified in accordance with the Appendix to this Schedule “B” of the Agreement B.2.2 Limit On Federal Funding. Despite anything else contained in this Agreement, the aggregate of all funding originating from Canada for the Project will not exceed thirty-three percent (33%) of the total Eligible Costs for the Project. [Rest Of Page Intentionally Left Blank – Appendix To Schedule “B” Follows] 254 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 23 of 46 APPENDIX TO SCHEDULE “B” ABORIGINAL CONSULTATION REQUIREMENTS B.1 – PURPOSE AND DEFINITIONS B.1.1 Purpose. This Appendix sets out the responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from the Province to the Recipient. B.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty that the Province may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. B.2 – RESPONSIBILITIES OF THE PROVINCE B.2.1 The Province’s Responsibilities. The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. B.3 – RESPONSIBILITIES OF THE RECIPIENT B.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province, if such notice has not already been given by the Recipient or the Province; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; 255 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 24 of 46 (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province, providing the Province with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Province any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province may require; and (p) Providing in any Contracts for the Recipient’s right and ability to respond to direction from the Province as the Province may provide. B.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding anything contained in this Agreement, the Province, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. B.3.3 Recipient Will Keep Records And Share Information. The Recipient will carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: (a) Provide to the Province, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; 256 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 25 of 46 (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province with complete and accurate copies of such records upon request; (c) Provide the Province with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the Project and provide copies to the Province of any documentation received from Aboriginal Groups; (e) Advise the Province in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify the Province if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province; and (h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. B.3.4 Recipient Will Assist The Province. The Recipient will, upon request lend assistance to the Province by filing records and other appropriate evidence of the activities undertaken both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial decision-makers. B.4 – NO IMPLICIT ACKNOWLEDGEMENT B.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule will be construed as an admission, acknowledgment, agreement or concession by the Province or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section B.2.1 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. B.5 – GENERAL B.5.1 No Substitution. This Schedule will be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies and other regulatory decision-makers. 257 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 26 of 46 B.6 – NOTICE AND CONTACT B.6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Appendix will be in writing and will be sent to the person identified under section B.1.8 of Schedule “B” of this Agreement. [Rest Of Page Intentionally Left Blank – Schedule “C” Follows] 258 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 27 of 46 SCHEDULE “C” PROJECT DESCRIPTION C.1 – PROJECT DESCRIPTION The project is for the reconstruction of Newell Road. The work will include the construction of a new pavement structure, concrete curb and gutter, guide rails with energy dissipation end treatments and storm sewers. [Rest Of Page Intentionally Left Blank – Schedule “D” Follows] 259 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 28 of 46 SCHEDULE “D” PROJECT FINANCIAL INFORMATION D.1 – PROVINCIAL FUNDING INFORMATION D.1.1 Maximum Funds. The Maximum Funds that may be provided by the Province and Canada under this Agreement is up to Six Hundred Ninety Nine Thousand Three Hundred Forty-six Dollars ($699,346).This amount consists of the following: Ontario’s Maximum Contribution $349,673 Canada’s Maximum Contribution $349,673 Maximum Funds are calculated based on the Project’s approved Total Eligible Costs $1,049,021 Percentage of Program Support The Percentage of Program Support is fixed at 33% for each level of government for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Total Eligible Costs as provided above. D.1.2 Holdback. There will be a Holdback of ten percent (10%) of the Maximum Funds. The Holdback will be released upon submission and approval of all required Project documentation. D.2 – RECIPIENT’S FUNDING INFORMATION D.2.1 Project Investment Commitment. The Recipient’s Project Investment Commitment must be a minimum of ten (10) percent of the final calculated eligible Project costs as noted in the Final Report. D.3 – ELIGIBLE COSTS D.3.1 Eligible Costs. Eligible Costs are those costs that are, in the Province’s sole and absolute discretion, properly and reasonably incurred, as well as paid or reimbursed by the Recipient, and are necessary for the successful completion of the Project. For greater clarity, and subject to section D.5.1 of this Schedule “D” of the Agreement, Eligible Costs are those that are set out immediately in this section D.3.1 of the Schedule “D” of the Agreement: (a) Costs incurred on or after the Project Approval Date and on or before the Project Completion Date; (b) The capital costs for acquiring, constructing, renewing, rehabilitating, materially enhancing or renovating an Asset; (c) Costs directly associated with joint communication activities that are set out in section E.6 of Schedule “E” of this Agreement with the Province and Canada. (d) The costs of Project-related signage, lighting, Project markings and associated utility adjustments; (e) Up to fifteen percent (15%) of the Maximum Funds may be spent on planning, including plans and specifications, and assessment costs, such as costs associated 260 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 29 of 46 with environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (f) Costs for consulting with Aboriginal Groups, provided those costs do not include accommodation costs and legal costs; (g) Auditing costs; (h) The incremental costs for the Recipient’s employees or leasing of equipment for the Project, provided the Recipient meets the following conditions: i. It was not economically feasible to tender a Contract, ii. The employee or equipment is directly engaged in the work that would have been the subject of a Contract, and iii. The province has approved the arrangement beforehand; (i) The costs for leasing/renting equipment directly related to the construction of the Project; and (j) Other costs that are, in the Province’s sole and absolute discretion, direct, incremental and necessary for the successful completion of the Project, provided those costs have been approved by the Province in writing prior to being incurred. D.4 – INELIGIBLE COSTS D.4.1 Ineligible Costs. The following costs are Ineligible Costs under this Agreement: (a) Costs incurred prior to the Project Approval Date; (b) Costs incurred after the Project Completion Date; (c) Costs that have not been claimed for reimbursement by March 31 of the Funding Year following the Funding Year in which the costs were incurred; (d) Costs associated with developing an application, business case or funding proposal to receive funding under the SCF; (e) Costs related to the purchasing of land, buildings and associated real estate as well as all related fees associated with the purchasing of land, buildings and associated real estate; (f) Financing charges and interest payments on loans; (g) The costs for leasing land, buildings and other facilities; (h) Except as specified in section D.3.1(i) of this Schedule “D” of the Agreement, the costs of leasing equipment; (i) Furnishings and non-fixed Assets which are not essential to complete the Project; (j) General repairs and maintenance of the Project and related structures, unless they are part of a larger capital expansion; (k) Costs of services or works normally provided by the Recipient, incurred in the course of implementation of the Project, unless they have been specifically set out as being an Eligible Cost under section D.3.1 of this Schedule “D” of the Agreement; (l) Costs related to any goods and services which are received through donations or in kind; (m) Any overhead costs ordinarily incurred, including salaries, per diems and associated benefits of any employees of the Recipient, direct or indirect operating or administrative expenditures of the Recipient, and more specifically costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by employees of the Recipient, unless those costs are in accordance with section D.3.1(e) and (h) of this Schedule “D” of the Agreement; (n) Taxes for which the Recipient is eligible to receive a tax rebate; (o) Any other costs in which the Recipient is able to claim any type of rebate or refund, irrespective of whether the Recipient makes a claim; (p) Legal fees; 261 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 30 of 46 (q) Any amount of costs in which the Recipient is eligible to receive or will receive funding from the Province under another agreement; and (r) Without limiting the foregoing, any other costs that are not specifically set out as Eligible Costs under section D.3.1 of this Schedule “D” of the Agreement or the Province did not approve in writing prior to the Recipient incurring and paying those costs Without limiting the foregoing, neither the Recipient nor any person providing goods, services or both for the Project will obtain those goods, services or both from another person that is not Arm’s Length from the Recipient or the person providing the goods, services or both for the Project without the Province’s prior written approval. The Province may impose terms and conditions on any written approval it provides, including: (a) Whether the costs can include any mark-up for profit, overhead or return on investment; (b) The value that can be included in the costs associated with a mark-up for profit, overhead or return on investment based on the following: (i) Up to thirty percent (30%) of the total costs submitted can be attributable to profit charged for the goods, services or both, (ii) Up to thirty percent (30%) of the total costs submitted can be attributable to overheard charged for the goods, services or both, (iii) Up to ten percent (10%) of the total costs submitted can be attributable to return on investment for the goods, services or both, and any costs for profit, overhead or return on investment that are greater than what the Province approved will be deemed to be an Ineligible Cost under the Agreement; and (c) Any special auditing requirements in addition to the auditing rights the Province already has under this Agreement to allow the Province to satisfy itself as to the validity of any costs incurred by the Recipient or any person providing goods, services or both for the Project from another person that is not Arm’s Length from the Recipient or the person providing the goods, services or both for the Project. D.5 – PAYMENT OF FUNDS D.5.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Costs, up to the Maximum Funds based on a calculation of the Province and Canada’s approved funding percentages (Maximum Funds divided by the total approved Eligible Costs) and the total Eligible Costs of the claim as determined by the Province. D.5.2 Submission Of Claims. The Recipient will submit claims for payment to the Province on a regular basis ensuring compliance with D.4.1(c). Copies of paid invoices must be included with the Claims Report set out under Schedule “F” of this Agreement. D.5.3 Claim Reimbursement. Claims will be reimbursed to the Recipient based on the Percentage of Program Support up to ninety (90) percent of the project costs. The remaining holdback percentage will be reimbursed as per D.1.2. [Rest Of Page Intentionally Left Blank – Schedule “E” Follows] 262 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 31 of 46 SCHEDULE “E” COMMUNICATIONS PROTOCOL E.1 PURPOSE OF SCHEDULE E.1.1 Purpose Of Schedule. This Schedule describes the Recipient’s responsibilities and financial obligations in the joint communications activities and products for the Project to recognize the contribution of Funds toward the Project by the Province and Canada. E.2 GENERAL PRINCIPLES OF SCHEDULE E.2.1 General Principles. The Recipient acknowledges and agrees that it will work with both the Province and Canada to undertake communication activities for the Project in an open, effective and proactive manner, ensuring equal recognition of those that provided a financial contribution toward the Project. These general principles include the following: (a) All financial contributors to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques for the Project, unless the Province and Canada specify otherwise; (b) All events, signs and plaques will follow this Schedule and any other requirements that the Province or Canada may specify from time to time; (c) Both official languages will be used for public information, signs and plaques in accordance with the Official Languages Act (Canada); and (d) The Recipient: (i) May produce information kits, brochures, public reports and Internet sites providing information about the Project and the Agreement for private-sector interest groups, contractors and members of the Public, (ii) Will consult with the Province and Canada in preparing the content and look of all such materials, and (iii) Will get the Province and Canada’s approval for any references to the Province or Canada before said references are made. E.3 EVENTS E.3.1 Events. The Recipient: (a) Agrees that all Project-related milestone events, such as groundbreaking and ribbon-cutting ceremonies, will be organized in cooperation with the Province and Canada; (b) Will coordinate a mutually agreeable venue, date and time for the event in light of the Province and Canada’s availability and under no circumstances will an event take place without fifteen (15) Business Days’ notice to the Province and Canada; (c) May invite other elected officials as well as other local interested persons, such as contractors, architects, labour groups and community leaders, provided the Recipient consults with the Province and Canada before inviting those persons; and (d) Will ensure that federal, provincial and municipal flags are on display at any event for the Project. E.3.2 Written Communications For Events. All written communications, such as public service announcements and posters, will indicate that the Project received Funds from the Province and Canada under the Building Canada Fund – Small Communities Fund. The Province 263 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 32 of 46 and Canada will assist the Recipient in developing written communications for any event. The Recipient, the Province and Canada will approve of all final copies of any written communications for events. E.4 SIGNS E.4.1 Installation Of Signs. The Recipient will produce via a party acting at Arm’s Length in order for the production of the sign to be an Eligible Cost and install temporary and permanent signage for the Project to communicate the nature of the Project and the involvement of the Province and Canada. The Recipient will ensure that the design, wording and specifications for signs are in accordance with the Province and Canada’s visual identity guidelines. The Recipient will ensure that temporary signage is installed at the Project site(s) thirty (30) days prior to the start of construction and be visible for the duration of the Project. E.4.2 Removal Of Signs. The Recipient will remove temporary signs within ninety (90) days of the Project’s Substantial Completion. E.4.3 Costs Of Signs. The maximum costs for signs will be: (a) Two thousand two hundred fifty dollars ($2,250.00) for small signs; and (b) Four thousand two hundred fifty dollars ($4,250.00) for large signs. E.5 PLAQUES E.5.1 Installation Of Plaque. The Recipient may produce and install a plaque for the Project to communicate the nature of the Project and the involvement of the Province and Canada. The Recipient will ensure that the design, wording and specifications of the plaque are in accordance with the Province and Canada’s visual identity guidelines. E.5.2 Costs Of Plaques. The maximum cost for a plaque is two thousand five hundred dollars ($2,500.00). E.6 ELIGIBLE COSTS FOR COMMUNICATIONS ACTIVITIES E.6.1 Eligible Costs Related To Communications Activities. The Recipient will pay the costs of preparing and delivering joint communications activities and products (e.g. press releases, press conferences, translation, etc.), including the organization of special events and the production of signage. In addition to the costs set out for signs under section E.4.3 of this Schedule “E” of the Agreement and the costs set out for plaques under section E.5.2 of this Schedule “E” of the Agreement, the following communications costs are Eligible Costs for the purposes of this Agreement: (a) Printing and mailing invitations; (b) Light refreshments, such as coffee, tea, juice, donuts and muffins; (c) Draping for plaque unveiling; (d) Project material for display and/or media kit; and (e) Rentals, such as flagpoles, stage, chairs, podium and public announcement system. The costs of certain items, such as alcohol, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible Costs. 264 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 33 of 46 SCHEDULE “F” REPORTING REQUIREMENTS F.1 Reporting Requirements. The following Reports will be provided in full in the corresponding formatted provided hereafter and with such content as is satisfactory to the Province: NAME OF REPORT DUE DATE 1. Initial Project Report Within five (5) Business Days of when the Recipient signs the Agreement if not previously submitted. 2. Claim Report In order to avoid invoices being deemed ineligible due to age (Section D.4.1(c)), claims will be submitted at least twice a year. NOTE: Costs that have not been claimed for reimbursement by March 31 of the Funding Year following the Funding Year in which the costs were incurred will be deemed ineligible. 3. Progress Report May 15 and October 15 of each calendar year from the Effective Date until the Project Completion Date. 4. Final Report (including the Solemn Declaration of Substantial Completion) Within sixty (60) Business Days of when: • The Project construction is Substantially Completed; or • The Project Completion Date. 5. Other Reports On or before the date the Province directs. [Rest Of Page Intentionally Left Blank – Section F.2 Of Schedule “F” Follows] 265 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 34 of 46 F.2 – INITIAL PROJECT REPORT New Building Canada Fund – Small Communities Fund INITIAL PROJECT REPORT Name of Recipient Click here to enter Recipient name. Name of Project Click here to enter Project name. Project Number Enter # Events Forecasted Date Start Date of Project Click here to enter a date. First Construction Tender Awarded Click here to enter a date. Start Date of Construction Click here to enter a date. End Date of Construction Click here to enter a date. End Date of Project Click here to enter a date. Expenditure Forecast Table The purpose of this table is to show the total eligible costs that have been incurred from the start of the Project until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2016 – March 31, 2017) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter Q1 (April – June) Q2 (July – September) Q3 (October – December) Q4 (January – March) Total by Fiscal Year 2016/17 Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2017/18 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2018/19 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2019/20 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2020/21 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2021/22 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Total Eligible Costs (Less HST Rebate) Enter dollars. NOTES: 1. Expenditures are only considered eligible after the Project Approval Date. 266 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 35 of 46 2. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). 3. Please only include Net Eligible Expenditures -- total Eligible Costs less HST rebate. Enter the total Eligible Costs expected to be incurred up to when the project is completed, rather than reporting requested financial assistance (i.e., senior government's share of costs). 4. Expenditure forecasts should not exceed total eligible costs as identified in Schedule D of the Agreement. 5. If the Project cannot be completed within the specified timeframes, please contact the Province. Funding Sources – List the source(s), and amount from that source, that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Amount ($) Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. NOTE: As per Section B of your Agreement, for most Recipients all federal funding sources (including SCF funding) cannot exceed one-third (33.33%) of the total eligible costs of the project. For all public-private partnerships or for- profit private sector bodies, all federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the total eligible costs. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including, but not limited to, commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. 267 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 36 of 46 F.3 – CLAIMS REPORT 268 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 37 of 46 F.4 – PROGRESS REPORT New Building Canada Fund – Small Communities Fund PROGRESS REPORT This report is due twice a year on May 15 and October 15. Name of Recipient Click here to enter Recipient name. Name of Project Click here to enter Project name. Project Number Enter # Estimated Percent of Project Completion Enter % Events Forecasted Date Actual Date Start Date of Project Click here to enter a date. Click here to enter a date. First Construction Tender Awarded Click here to enter a date. Click here to enter a date. Start Date of Construction Click here to enter a date. Click here to enter a date. End Date of Construction Click here to enter a date. Click here to enter a date. End Date of Project Click here to enter a date. Click here to enter a date. Federal Signage Installed Click here to enter a date. Provincial Signage Installed Click here to enter a date. Description of Activities* Activity Status (On, Ahead, or Behind Schedule; Completed or Not Applicable) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity Design / Engineering Choose an item. Click here to enter text. Click here to enter date. Site Preparation Choose an item. Click here to enter text. Click here to enter date. Construction Choose an item. Click here to enter text. Click here to enter date. Maintenance Holdback Period Choose an item. Click here to enter text. Click here to enter date. OVERALL PROJECT STATUS Choose an item. Click here to enter any general project status information not 269 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 38 of 46 included above. *NOTE: Each phase of the project should be noted in a separate chart. Variance from original approved project (if any) Do you need to adjust your Project Description based on Project progress? If so, explain why and by when? Note: Inserting a project revision into this form does not constitute requesting permission to change the contracted Project Description or to reduce the number of components completed, a request must be sent through to the Program Manager as specified in Section B.1.8 of the Agreement. Click here to enter text. Expenditure Forecast Table The purpose of this table is to show the total Eligible Costs that have been incurred from the Project Approval Date until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015 – March 31, 2016) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter Q1 (April – June) Q2 (July – September) Q3 (October – December) Q4 (January – March) Total by Fiscal Year 2016/17 Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2017/18 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2018/19 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2019/20 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2020/21 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2021/22 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Total Eligible Costs (Less HST Rebate) Enter dollars. NOTES: 6. Expenditures are only considered eligible after the Project Approval Date. 7. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). 8. Please only include Net Eligible Expenditures - total Eligible Costs less HST rebate. Enter the total Eligible Costs expected to be incurred up to project completion, rather than reporting requested financial assistance (i.e., senior government's share of costs). 9. Expenditure forecasts should not exceed Total Eligible Costs as identified in Schedule D of the Agreement. 10. If the Project cannot be completed within the specified timeframes, please contact the Province. Funding Sources – List the source(s), and amount from that source, that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Amount ($) Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. NOTE: As per Section B of your Agreement, for most Recipients all federal funding sources (including SCF funding) cannot exceed one-third (33.33%) of the total eligible costs of the project. For all public-private partnerships or for- profit private sector bodies, all federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the total eligible costs. 270 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 39 of 46 Claims Claims should be submitted regularly (i.e., at least twice a year). The amount of claims submitted on the Project should align with the expenditure forecasts noted above. As noted in Section D.4.1(c) of the Agreement, Recipients must claim invoices prior to the Fiscal Year after the year in which they were incurred (i.e., costs incurred between April 1, 2015 and March 31, 2016 must be claimed by March 31, 2017). Any invoices not claimed by this time are referred to as “stale-dated” and are deemed ineligible. This means in some cases Recipients will need to submit a separate claim for unpaid contractor holdbacks (do not mix with other paid invoices). Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal groups, including dates, where applicable or available. Please include copies of all communication with Aboriginal groups. Click here to enter text. NOTE: If during the course of the construction of your project any archaeological resources are found, other impacts that could affect Aboriginal or treaty rights emerge, or you are contacted by any Aboriginal Community that is expressing concerns about the project and potential impacts on their rights, you must immediately cease construction and notify your project analyst. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including but not limited to that commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. . 271 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 40 of 46 F.5 – FINAL REPORT New Building Canada Fund – Small Communities Fund FINAL REPORT Project No.: Enter # Project Title: Click here to enter project title. Date: Click here to enter a date. Recipient Name: Click here to enter Recipient name. Final Reports are to be completed and submitted to the Province within sixty (60) Business Days of the completion of the Project or as otherwise specified in the Agreement. Please contact your Project Analyst should you have any questions filling in this report. Section 1. Project Details Dates Forecasted* Actual Construction Start Date Click here to enter a date. Click here to enter a date. Construction End Date Click here to enter a date. Click here to enter a date. * Forecasted date will be the first date submitted on your Project’s Initial Project Report. Was the Project completed as per your application and Schedule “C” of the Agreement or by any amending agreement? ☐ Yes ☐ No If No, please provide details on any variances below Project Variances (if applicable) In reading the description provided in Schedule “C” of the Agreement or in any subsequent amendments, has the Project experienced any variances either in its scope, budget or schedule? Please identify any other information with respect to the Project that may have changed or may have been altered. Ensure that you provide a rationale for any variances from the approved Project Description. 272 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 41 of 46 Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Engineering Design, EA/Permits, Project Management $ Enter dollars. $ Enter dollars. Materials $ Enter dollars. $ Enter dollars. Construction $ Enter dollars. $ Enter dollars. Leasing of Equipment $ Enter dollars. $ Enter dollars. Communication Materials $ Enter dollars. $ Enter dollars. Miscellaneous $ Enter dollars. $ Enter dollars. GROSS ELIGIBLE COST $ Enter total of above. $ Enter total of above. Less HST Rebate $ Insert the applicable HST rebate. $ Insert the applicable HST rebate. TOTAL NET ELIGIBLE COST $ Enter total of Gross less Rebate. $ Enter total of Gross less Rebate. NOTE: If the actual costs are 20% less or greater than the estimated costs for any of the above categories, please attach an explanation of the variance for each. Funding Sources – List the source(s) and amount from that source that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Initial Amount** ($) Actual Amount ($) Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. ** Initial Amounts from your Project’s Initial Project Report. Section 3. Project Benefits and Impact Questions The following questions must be completed with the results of the Project. The questions outlined in sections 3, 4 and 5 will help assess the impact of the Project and client satisfaction with program delivery. Project Benefits and Impacts 1. What was the primary objective of your Project? ☐Address urgent public health and safety issues. 273 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 42 of 46 ☐Maintain public health and safety over the long-term. ☐Address barriers to economic growth. 2. Was this Project (or the need for this Project), identified in one of the following documents? Please check all that apply ☐Asset Management Plan (if you check this box, please see Question 3). ☐Economic Development Plan and/or Strategy. ☐Business or market development plan? ☐Other? Please specify:_____________________________________ 3. FOR MUNICIPAL RECIPIENTS ONLY: As detailed in the asset management plan (AMP), what was the priority of the Project you just completed with this funding? ☐Over due to be completed? ☐Due to be completed this year? ☐Due to be completed in the next year? ☐Due to be completed in the next 2-5 years? ☐Due to be completed in the next 5+ years? ☐Was not detailed in plan, Please specify:_____________________________________ 4. Did you encounter any barriers to completing your project? ☐Yes ☐No If yes, please describe what they were and how you overcame them. 5. Please indicate which of the following benefits have been experienced or are anticipated to occur as a result of the Project. Provide details where possible. At project completion Anticipated (1-2 years out) Details Addressed urgent public health and safety issues. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Highest priority items in AMP addressed earlier than planned. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Improved economic infrastructure that was identified as a barrier to growth. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Business retention and/or expansion and/or economic growth. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Other? Please specify:_____________________ ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Section 4. Other Benefits / Information Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the province of Ontario. 274 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 43 of 46 Section 5. Client Satisfaction Survey Based on your Project experience with Ontario, please indicate with an “X” in the appropriate box for your response. 1. Please indicate the extent to which you agree or disagree with the following statements. Strongly Agree Agree Neither Agree nor Disagree Disagree Strongly Disagree 1 2 3 4 5 a. Once my Project was approved, I received all the information needed to proceed to the next step of the Project. ☐ ☐ ☐ ☐ ☐ b. The report forms were easy to understand and complete. ☐ ☐ ☐ ☐ ☐ c. I was able to reach appropriate Ontario staff without difficulty. ☐ ☐ ☐ ☐ ☐ d. Ontario staff were knowledgeable. ☐ ☐ ☐ ☐ ☐ e. I received consistent advice from Ontario staff. ☐ ☐ ☐ ☐ ☐ f. Ontario staff was courteous. ☐ ☐ ☐ ☐ ☐ 2. Overall, how satisfied were you with the amount of time it took to get the service that you required? Very satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ ☐ 275 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 44 of 46 3. Overall, how satisfied were you with the service you received while implementing your Project? Very satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ ☐ 4. To what extent did the availability of this funding assistance influence your decision to undertake the Project? To a great extent Somewhat Very little Not at all ☐ ☐ ☐ ☐ Section 6. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under the Appendix to Schedule “B” of the Agreement. Please indicate: Declaration required for the Project: Confirmation provided to the Province indicating that there has been no communication from any Aboriginal Groups and that there were no items of cultural significance to Aboriginal Groups discovered with respect to the Project. ☐ Yes ☐ No Declaration required for Project with additional Duty to Consult requirements, as identified by the Province Notice about the Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to express comments and concerns with respect to the following: • the Project; • adverse impacts on hunting, trapping, fishing and plant harvesting; and • any burial grounds or archaeological sites of cultural significance. ☐ Yes ☐ No A copy of this correspondence to identified Aboriginal Groups was provided to the Province. ☐ Yes ☐ No The Province was made aware of any issue(s) identified by any Aboriginal Groups. ☐ Yes ☐ No A copy of any correspondence/information between the recipient and any Aboriginal Groups was forwarded to the Province. ☐ Yes ☐ No 276 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 45 of 46 Section 7. Comments Is there anything else you would like to tell us about your experience related to the Project? Section 8. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to the Province will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement is complete and was completed in accordance with Schedule “C” of the Agreement or any amending Agreement; 2. The Project was completed in accordance with all terms/conditions of the Agreement and all Requirements of Law; 3. No Funding was spent on Ineligible Costs; 4. The Recipient will provide any remaining Funds to the Province within thirty (30) Business Days of receiving Notice from the Province that the Province has approved the Recipient’s Final Report; 5. The Recipient has all supporting invoices and records available for audit if required; and 6. All information provided in this Final Report as well as all previous Reports submitted to the Province is – to the best of my knowledge, belief and understanding, true and correct in all material aspects. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: Click here to enter name. TITLE: Click here to enter title. DATE: Click here to enter a date. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. 277 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 46 of 46 Section 9. Solemn Declaration of Substantial Completion Must be completed by a Registered Engineer or Architect or a Municipal Official. New Building Canada Fund – Small Communities Fund (NBCF-SCF) Nouveau Fonds Chantiers Canada - Fonds des petites collectivités (NFCC-FPC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Project Number Enter # Recipient Name Click here to enter Recipient name. In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the above-noted Recipient, on _____________, 2016. I, ___________________ a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified as Project ___________________ in the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work: a. was carried out by ___________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at _____________ (city), in the Province of Ontario this _________ day of ______________, 20__. _____________________________ ____________________________ Name: Witness Name: Title: Title: Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement (Signature) 278 Report Title Ontario Community Infrastructure Fund Top-up Application Report No. OPS 16-34 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date November 14, 2016 Attachments • Report OPS 16-06 Summary of Candidate Projects • OCIF Top-Up Application RECOMMENDATION: THAT Council receive Report OPS 16-34, Ontario Community Infrastructure Fund Top-Up Application as information. SUMMARY At the February 25, 2016 Council meeting, staff report OPS 16-06 (Attachment 1) outlined a summary of candidate projects for future funding applications. Table 1 identified a list of candidate projects with Concession Street East Reconstruction having the largest remaining amount of Town asset costs. Ontario Community Infrastructure Fund Under the 2016 Top-Up application intake, $50 million will be distributed among communities who successfully apply for additional funding through the Ontario Community Infrastructure Fund (OCIF). This allows communities to partner with the Province to invest in critical core infrastructure projects that create jobs and support economic growth. The OCIF Top-Up application (Attachment 2) and supporting documents were submitted by the October 21st 2016 deadline and confirmation of receipt from the Province has been received. It should be noted that a Council resolution of project designation was not required as part of the application submission. Applications will be assessed over the fall/winter with funding decisions made available in January/February 2017. The Concession Street East Reconstruction project limits as shown in Figure 1 is between Maple Lane and Demeyere Avenue. The proposed work involves the complete reconstruction of the pavement structure including new barrier curb and gutter with parking stalls, sidewalks and storm drainage improvements. Should OCIF Top-up funding be approved the proposed works would be undertaken during the 2018 construction season. Page 1 / 3 279 CONSULTATION/COMMUNICATION Staff consulted with Oxford County Planning staff to ensure the proposed project aligned with the Provincial Policy Statement and approved land use policies. Staff also leveraged membership to Public Sector Digest for additional application review and comment. FINANCIAL IMPACT/FUNDING SOURCE For approved applications, the Ministry will provide funding for 90% of the eligible project costs to a maximum of $1.76 million per project. Applicants would contribute 10% of the eligible costs and would be responsible for all ineligible project costs. At this time, there are no 2016 or 2017 budgetary impacts as a result of the OCIF Top-Up application. Should the application be successful the remaining 10% of the project would be submitted as part of the 2018 capital budget. Based on a detailed cost estimate by Town staff, the revised cost estimate for the proposed scope of work is $889,908. If the OCIF Top-up funding application is successful the Town would proceed to undertake an Environmental Assessment and finalize the design in 2017, and tender the project for construction in 2018. Page 2 / 3 280 FIGURE 1: Page 3 / 3 281 Page 1 / 2 STAFF REPORT OPERATIONS SERVICES Report Title: Summary of Candidate Projects Report No.: OPS 16-06 Author: Jeff Molenhuis, P. Eng., Manager of Engineering Meeting Type: REGULAR COUNCIL Council Date: FEBRUARY 25, 2016 Attachments: NONE RECOMMENDATION: THAT Council receive Report OPS 16-06 regarding Summary of Candidate Projects; AND THAT Council endorse the list of candidate projects for potential future funding applications, as necessary; SUMMARY The list of candidate projects outlined in Table 1 summarizes the various levels of advancement in the design and approval stages of each respective project for Council to consider as primary candidates in potential future funding applications. Some of the identified projects require dedicated staff resources to advance to “shovel ready”, of which is not currently contemplated in the 2016 Operations Business Plan without reprioritizing current business objectives to accommodate should the need arise. The projects listed are also considered priority in the current asset management street corridor coordination and prioritization methodology and will be re-evaluated based on the results of the comprehensive asset management plan update. Identifying these projects as Council supported candidates for potential future funding applications will allow staff to be proactive in preparing application documents and allow for appropriate scheduling of work plans to track towards “shovel ready” status. 282 Page 2 / 2 Table 1: List of Candidate Projects Project Design Status Approval Status Total Est. Project Cost Town Assets County Assets Newell Road Recon. (Baldwin St. to Town Limits) 100% 90% $1,064,300 $1,033,900 $30,400 Broadway St. Rehabilitation (North Town Limit to North St.) 90% 100% $945,000 $945,000 $0 Riverview Recon. Stage 2 (Hillyndale/Highland) 90% 60% $800,000 $425,000 $375,000 Rolling Meadows Stage 1 (Woodcock) 40% 10% $560,000 $330,000 $230,000 Rolling Meadows Stage 2 (Owl/Tanger/Falcon) 40% 10% $1,032,000 $360,000 $672,000 Concession St. East Recon. (Maple to Demeyere) 20% 10% $888,000 $868,000 $20,000 Bradburn Subdivision Stage 1 (James/Hilltop/Brad) 20% 10% $520,000 $310,000 $210,000 Bradburn Subdivision Stage 2 (James/Woodland) 20% 10% $530,000 $300,000 $230,000 A design status of 20% indicates that preliminary project scoping and site review are complete, including a preliminary construction cost estimate and schedule. A design status of 40% indicates that an engineering survey of existing conditions has been initiated, but requires further investigation in order to complete the full detailed design, construction drawings and tender documents. Approximately two (2) months of dedicated resources are required to advance a project design status from 40% to 90%. An approval status of 10% indicates the approval requirements have been identified and integrated into the project schedule. Preparation of detailed approval applications are completed at the time the detailed design has advanced to 90%. An approval status greater than 60% indicates the detailed approval application package is underway. FINANCIAL IMPACT/FUNDING SOURCE There are no 2016 budgetary impacts as a result of the projects listed in Table 1. Project budgets will be prepared and submitted through the Towns annual budgeting process in the year the project is proposed to be constructed. 283 284 285 286 287 288 289 290 291 292 293 Report Title Rotary Clock Tower Report No. RCP 16-35 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 14, 2016 Attachments •Presentation by B. Clark, Rotary President RECOMMENDATION THAT Council receive Report RCP 16-35, Rotary Clock Tower; AND THAT Council direct staff to negotiate an Agreement with the Club and bring the Agreement back to Council for consideration. EXECUTIVE SUMMARY The Tillsonburg Rotary Club has approached the Town with a proposal that the Town assume ownership of and responsibility for the maintenance and upkeep of the Rotary Clock Tower and the parkette around it. Staff was directed to report back on the proposal and the potential cost to the Town. BACKGROUND The Rotary Clock Tower was built on Town-owned land by the Tillsonburg Rotary Club using funds raised by the Club. The Tower was built out of brick recovered from the demolition of the former Tillsonburg Town Hall and includes the clock mechanism from the former Tillsonburg Post Office. Currently, the clock mechanism is functional but the bell has been silenced. If the responsibility for the building and landscaping is taken up by the Town, the Club proposes to retain responsibility for maintaining and repairing the clock mechanism until 2020. There is very little documentation available on the construction and specifications of the Clock Tower. A high-level facility condition analysis has identified that the structure is in relatively sound condition for its age, with the exception of the ongoing brick spalling. Over the years there have been several repairs completed, but the deterioration continues to occur. This issue will worsen over time and the potential cost of repairs is likely one of the reasons why the Club is seeking this transfer. Page 1 / 2 RCP 16-35 – Rotary Clock Tower 294 The landscaping and gardens around the Clock Tower already are being maintained from time to time by the Town. The Beautification Sub-committee has considered the area for some changes but none are planned at this time. In their presentation, in addition to the request to take on ownership and provide maintenance funding in 2017, the Club made several additional requests of the Town: 1.That the Town will keep the Rotary logo and memorial bricks in place on the Tower and in the Heritage Square; Staff recommend that the Town commit to retaining the logo and named memorials on the Tower; however the Town should retain the ability, in consultation with the Club, to list the memorials in a different media than the Heritage Square bricks. 2.That the Rotary Club will retain the option of flying their flag at the Tower and to fly the flag of their Rotary Exchange Student as has been custom: Staff recommend that the Town agree to this request and amend the Town’s Flag Policy accordingly. 3.That the Town will retain the name “Rotary Clock Tower” in recognition of the work and contribution of many Rotarians when the Clock Tower was built; Staff recommends that the Town agree to this request but could consider putting a sunset clause on this term. CONSULTATION/COMMUNICATION Information was collected from Rotary Club members and Town staff. FINANCIAL IMPACT/FUNDING SOURCE On an incremental basis, the 2017 budget should include an additional amount of $3,000-$4,000 to support the maintenance needs of the Clock Tower and area and this amount should be retained in future budgets. As the Tower ages, there will be additional capital maintenance costs for the roof, windows & brickwork and the facility will have to be incorporated into the Town’s Asset Management Plan. After 2020, there will be an additional annual incremental cost for maintenance of the clock mechanism. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 2 / 2 RCP 16-35 – Rotary Clock Tower 295 Council Presentation Notes – August 8, 2016 Rotary President Dr. Brian Clark The Rotary Club of Tillsonburg is asking the Town to assume ownership and responsibility for the Rotary Clock Tower. The Tower has both symbolic and historical significance to Tillsonburg. The image of the Tower has been used by the Town on some of it's promotional material. The Tower itself is constructed from reclaimed brick belonging to the original Town Hall. The clock in the tower is the original tower clock from old Post Office that stood on the southwest corner of Broadway and Ridout St. The Rotary Club with the help of Gilvesy Construction, renovated the clock mechanism, cut new glass for the clock faces and built the tower on its current location. Rotarian Owen Hawkins rebuilt and reassembled the clock mechanism and Rotarian Doug Humphrey cut all of the glass for the new clock faces. Over the years, we have cooperated with the Town to create a focal point in the core area by constructing a Heritage Square with memorial paving stones. Over the years, we have paid to protect the bricks on the Tower and to maintain the woodwork on the windows in the top. But now our numbers have dwindled to the point that we can't maintain it on our own. I note that the Town budgeted $3,000 for repairs to the Tower and I am suggesting that you carry that amount into 2017 as well. Rotary knows that the clock mechanism requires repair and we are proposing that if the Town will assume responsibility for the structure itself, we will retain ownership and responsibility for the clock mechanism for a period of 3 years at the end of which time, ownership and responsibility for the clock would pass to the Town. The reason for this arrangement is that, under Provincial Lottery regulations, we can't contribute money directly to Municipal Capital Projects but if we retain ownership of the Clock, we can use lottery funds to make repairs to the clock mechanism. Over this same 3 year period, we would train personnel from the Town to regulate and operate the clock mechanism. We request that the following provisions also be agreed by the Town. 1. That the Town will keep the Rotary logo and memorial bricks in place on the Tower and in the Heritage Square. 2. We want to retain the option of flying our own flag at the Tower as we have been doing to date and to fly the flag of our Rotary Exchange Student as has been our custom. 3. We want the Town to retain the name "Rotary Clock Tower" in recognition of the work and contribution of many Rotarians when the Clock Tower was built. 296 Report Title TCT Extension Project Work Plan Update Report No. RCP 16-37 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 14, 2016 Attachments •Oxford County Report PW 2016-64 & attachments RECOMMENDATION THAT Council receives Report RCP 16-37 TCT Extension Project Work Plan Update for information; AND THAT pursuant to Section 12.1 of the Trans Canada Trail (TCT) Agreement between the County of Oxford and Town of Tillsonburg, Town Council approve the route change shown on Schedule “A” eliminating Oxford Road 20 and relocating this section to the former CASO Right of Way. EXECUTIVE SUMMARY The Trans Canada Trail Extension Project is being implemented as a partnership between Oxford County and the Town of Tillsonburg. At the County Council meeting of November 9, 2016 County staff provided an update on progress to date and the workplan moving forward. The same update is being provided to the Council of the Town of Tillsonburg. CONSULTATION/COMMUNICATION County staff contributed the project update and will be present during the Council meeting to present the information. FINANCIAL IMPACT/FUNDING SOURCE There is no new financial impact to the Town considered as part of this report beyond what has already been approved by Town Council. The partnership Agreement between the County and the Town for the TCT Extension Project commits the Town to contribute 15% of the municipal share of the project cost. In the Agreement, Tillsonburg’s contribution is capped at $46,500. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report supports the following CSP priorities 1.1 Demonstrate excellence in local government initiatives 1.3 Demonstrate accountability 4.3 Improve mobility and promote environmentally sustainable living Page 1 / 1 RCP 16-37 TCT Extension Project Work Pla 297 Report No: PW 2016-64 PUBLIC WORKS Council Date: November 9, 2016 Page 1 of 4 To: Warden and Members of County Council From: Director of Public Works Trans Canada Trail – Revised Trail Route/Work Plan RECOMMENDATIONS 1. That, pursuant to Section 12.1 of the Trans Canada Trail (TCT) Agreement between the County of Oxford and Town of Tillsonburg, County Council approve the route change shown on Schedule “A” eliminating Oxford Road 20 and relocating this section to the former CASO Right of Way; 2. And further, that County Council direct staff to construct this section of the TCT, from Zenda Line west to the existing TCT on the former CASO Right of Way, subject to the Town of Tillsonburg concurring as per Section 12.1 of the TCT Agreement with the Town. REPORT HIGHLIGHTS  The County has purchased the former CASO railway within Tillsonburg.  County and Tillsonburg staff are seeking authorization from their respective Councils to revise the TCT work plan, to include an off-road section from Tillsonburg to Zenda Line.  Work completed to date and cost estimates for the requested work show that the total costs are projected to be $800,000 which is less than the $870,000 contemplated in the Agreement. Implementation Points Following approval from County Council and Town of Tillsonburg Council, staff will proceed with construction of the provisional trail section on the former CASO right of way. A public information centre will be held prior to the start of construction. 298 Report No: PW 2016-64 PUBLIC WORKS Council Date: November 9, 2016 Page 2 of 4 Financial Impact There is no financial impact beyond what has already been approved by County Council. Project expenditures to date are approximately $400,000. The provisional off-road section between Tillsonburg and Zenda Line can be constructed within the original budget of $870,000, as detailed within this report. The Treasurer has reviewed this report and agrees with the financial impact information. Risks/Implications This project has the risks associated with any construction project. All purchases will be made in accordance with the County purchasing policy and in accordance with the TCT Funding Agreement. TCT has extended the funding agreement to June 30, 2017 to allow additional time to construct the provisional off-road section discussed in this Report. County staff anticipates receiving a revised funding agreement from TCT in the very near future. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 2. i. A County that is Well Connected – Improve travel options beyond the personal vehicle by: - Creating, enhancing and promoting the use of an integrated trail and bike path system - Promoting active transportation 4. i. A County that Informs and Engages - Harness the power of the community through conversation and dialogue by: - Understanding and addressing public aspirations for a more livable community DISCUSSION Background The initial work plan and detailed cost estimate for construction of the TCT was presented to Council in Report PW 2016-34 at the June 22, 2016 County Council Meeting. The original work plan included provisional costs for the former CASO right of way section from the existing TCT in Tillsonburg to Zenda Line. Completion of the provisional section was subject to approval of County Council and Town of Tillsonburg Council, available funds, and final purchase of the former CASO railway in 299 Report No: PW 2016-64 PUBLIC WORKS Council Date: November 9, 2016 Page 3 of 4 Tillsonburg. A map of the TCT segment and provisional off-road section is enclosed as Attachment 1. At its meeting on August 12, 2015, Council authorized the purchase of the former CASO railway right-of-way. The transaction is now complete and the CASO railway within the Town of Tillsonburg is now in County ownership. Comments Construction of the trail surface along the initial off-road/rail trail section from Zenda Line to Base Line has been completed and access gates are scheduled for installation in late November. Remaining work includes parking areas, signage/wayfinding and pedestrian access at bridge crossings. With the former CASO railway right-of-way within Tillsonburg now under County ownership, the provisional off-road/rail trail section from Tillsonburg to Zenda Line can be completed. The estimated cost to complete the provisional off-road section is $200,000 and there are adequate funds within the original budget to complete this work. Total project expenditures to date and estimated costs for remaining work are summarized below: Project Summary Value Project Expenditures to Date $400,000 Remaining Work $200,000 Provisional Off Road Section $200,000 Total Cost $800,000 Original TCT Budget $870,000 During the public consultation process, the provisional off-road/rail trail section was identified as part of the TCT project and adjacent landowners along this section were offered the opportunity to meet and discuss specific concerns. If Council adopts this this report, a public information centre will be held prior to the start of construction. Line fencing is not part of the TCT project but will be installed as part of the work plan adopted by Council in Report PW 2016-59, at the October 26, 2016 County Council Meeting. 300 Report No: PW 2016-64 PUBLIC WORKS Council Date: November 9, 2016 Page 4 of 4 Conclusions Extending the off-road/rail trail section from the Tillsonburg TCT to Zenda Line will eliminate the on-road section along Oxford Road 20 (North Street/Cornell Road), increasing safety for both motorists and trail users. It will also provide a direct off-road link to the existing trail network in Tillsonburg. SIGNATURE Report Author: Original signed by: Frank Gross, C.Tech Supervisor of Engineering Services Departmental Approval: Original signed by: Robert Walton, P. Eng. Director of Public Works Approved for submission: Original signed by: Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENTS Attachment 1: Map of the TCT Segment and Provisional Off-road Section. 301 KELLETT RD ZENDA LINENEW RDCORNELL RDLINDSAY ST PEACH STBECKETT BLVD LISGARAVE SANDY CRT BOND ST HERFORD ST CLARKE ST W NORTH ST E CHARL ES S T BARKER STCRANBERRY RDTILLSON AVEEDWARD STNORTH ST E NORTH ST E BECKETT BLVD ZENDA LINENORTH ST E BARKER ST BARKER STZENDA LINEHERFORD ST GYLVESZY PARK CRANBERRY PARK CANADIAN PACIFIC RAILWAYC A N A DIA N P A CIFIC R AIL W A Y Tr ans C a n ada Trail Ü 1:10,000 0 500 1,000250Meters Oxford County - Trans Canada Trail Link Legend Existing Trans Canada Trail On Road Trail (to be eleminated) Off Road Trail Proposed Off Road (Zenda Line to Tillsonburg TCT) 302 Report Title Memorial Park Diamond Relocation Report No. RCP 16-38 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 14, 2016 Attachments •Memorial Park CMP Working Layout RECOMMENDATION THAT Council receive Report RCP 16-38, Memorial Park Diamond Relocation; AND THAT Council endorse the recommendations from the Parks & Recreation Advisory Committee with respect to the relocation of a ball diamond in the Memorial Park Revitalization Project. EXECUTIVE SUMMARY At the September 12, meeting, Council heard from the Parks and Recreation Advisory Committee which recommended that work be authorized to proceed on the pumptrack, track removal and ball diamond relocation elements of the Revitalization Project. Council authorized the pump track to proceed using gravel from the track, but directed staff to bring further information about the ball diamond relocation. BACKGROUND The original Draft Memorial Park Conceptual Master Plan presented to Council in early 2015 proposed removing the existing full-size, grass infield hardball diamond (Diamond 1) in the South half of the racetrack and replacing it with a little-league size hardball diamond located between the Kiwanis Diamond and the Sam Lamb Diamond. Once that document was released for discussion, Town staff sought input from various user groups on the draft. The feedback from hardball diamond user groups was that the proposed location and size would not meet the needs of current users, would not provide for the anticipated growth in use, and created the potential for hazards due to the small distances between the diamonds. Tillsonburg Minor Ball Inc. (TMBI) and the Old Sox/Red Sox hardball teams both identified the size of diamond required is at minimum, similar to the Sam Lamb diamond with foul line lengths of 300’. If the relocated field is only a little-league size, it will no longer be possible to host the few annual adult hardball tournaments that have been held in Tillsonburg. By building a full-size From Draft CMP February 2015 Page 1 / 3 RCP 16-38 - Memorial Park Diamond Reloca 303 From CMP Working Layout November 2016 diamond with a clay infield instead of a grass infield, adult tournaments will still be possible and the relocated field will be able to be used safely by players of a wider range of ages and it would be possible for TMBI to host additional tournaments and league games. This feedback was incorporated into subsequent draft layouts provided to the Parks & Recreation Advisory Committee and to the Memorial Park Revitalization Project Subcommittee. The Subcommittee identified several “anchor” components to the master plan the locations of which need to be set even though the component might not be built for some time. These are • The location and size of replacement for Diamond 1; • The location of a bandshell/performance square; • The location of an outdoor rink; and • The location of an Agricultural Society building and hard surface for derby-type events. Discussion at the Sub-committee has developed a working layout that accomplishes this and incorporates the feedback from the hardball user groups. The Sub-committee continues to refine the details of the conceptual master plan layout, keeping in mind the general themes set out in the plan document. If Council adopts the recommendation of the Advisory Committee staff will proceed with developing the grading, servicing and drainage plan for the area based on the working layout. These documents are required in order to issue the tender for the work and thereby secure firm costs for implementation. Page 2 / 3 RCP 16-38 - Memorial Park Diamond Reloca 304 CONSULTATION/COMMUNICATION The refinement of the Conceptual Master Plan is an ongoing, consultative process involving the Memorial Park Revitalization Project Subcommittee, the Parks & Recreation Advisory Committee, user groups, Town staff and the consulting team from RKLA. FINANCIAL IMPACT/FUNDING SOURCE The 2016 Capital budget includes a project to implement the Memorial Park Master Plan including $50,000 of taxation support from the 2016 levy and $50,000 contributed to reserves in 2015. Proceeding with the implementation beyond the design work is contingent on securing grant funding from other levels of government and contributions or contribution commitments from community groups and donors. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This project demonstrates action on CSP Strategic Objective #4, Culture & Community. Page 3 / 3 RCP 16-38 - Memorial Park Diamond Reloca 305 306 = ATTENDANCE Members Present: Mel Getty: Co-Chair, Mike Cerna: Co-Chair, Terry Smith (Skatepark), Derek Partlo (Ball Users), John Glass (LLRP), Jane McLean (Scott McLean Legacy), Scott McKenzie (Lions), Rick Cox: Staff, Margaret Puhr: Secretary (Event Organizers) MEMBERS ABSENT/REGRETS Donna Scanlan, Shane Curtis, Cedric Tomico, Lance McKenzie, Ken Patterson, Scott Vitias, Rosemary Dean 1. Call to Order The meeting was called to order at 7:35am, by Co-chair Mel Getty. 2. Adoption of Agenda Moved By: Margaret Puhr Seconded By: Terry Smith Resolution #1_ THAT the Agenda as prepared for the Memorial Park Revitalization Committee meeting of October 31, 2016, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of October 17, 2016 Moved By: Mike Cerna Seconded By: Mel Getty Resolution #2_ THAT the Minutes of the Memorial Park Revitalization Committee Meeting of October 17, 2016 be approved as amended. Carried. The Corporation of the Town of Tillsonburg Memorial Park Revitalization Committee October 31, 2016 7:30am Marwood Lounge 45 Hardy Ave MINUTES 307 Memorial Park Revitalization Committee Meeting Minutes, October 31, 2016 - 2 - 5. General Business & Reports 5.1. Staff Update – Gateway signage: the Recreation Advisory Committee will be reviewing alternatives for the sign proposed for the Delevan entrance. With the Pumptrack in, the committee will be considering the signage theme that will look good at all locations. With LED Danell signs, the Town By-law specifies that 3rd party advertising is not permitted. 5.2. Rotary Club: absent. 5.3. Fair Board: absent. 5.4. Ball Association: requested that the new revised location for full-sized diamond be presented by Staff at the November 14 Council meeting, specifying the location South of Sam Lamb diamond, with path between the two diamonds. 5.5. Kinsmen Club: absent. 5.6. Pumptrack: project is near completion, 110 yards of mulch has been applied over the weekend. Inside of the track was partially filled with river rock for drainage and upkeep purpose. The drainage was put to test with rainy weather and it is draining well. Presentation was made by Terry Smith to the Kinsmen Club, they would like to build shade shelters proposed to be located near parking lot/fence area at approximate cost of $8,500.00. Custom rocks are being priced for contributor recognition. The Committee recommended that the mulch be framed with wood or rock to define the area as well as aesthetics. Tillsonburg Lions Club made a donation of $5,000.00 to the Pumptrack. 5.7. Lions Club: the club will be meeting on November 1 to discuss the amount which will be given to the Town as contribution to the signage. The club requested a meeting to be set up with Clerk and Rotary Club to discuss lottery funding options. 5.8. Outdoor rink – the Scott McLean Legacy would like proceed with the outdoor rink since the Town is considering replacing the current refrigeration system with a new one. The new system would need to include capacity for the outdoor rink. Considered sizes are 60’x120’ or full size 80’x180’ which in the summer could be converted into two basketball courts. Both of the above would be intended for community use, not as booked/rented pad. Moved by: Mel Getty Seconded by: Margaret Puhr 308 Memorial Park Revitalization Committee Meeting Minutes, October 31, 2016 - 3 - Resolution #3 THAT the Memorial Park Revitalization Committee endorse the proposed refrigerated, up to 80’x180’ size outdoor rink, initiated by the Scott McLean Legacy Fund , that the recommendation be forwarded to the Recreation Advisory Committee to be incorporated into the Memorial Park Master Plan project. Carried. 5.9. Ball diamond repositioning update: the repositioning was initially rejected by the Council. Staff will present again with more detail at the November 14 council meeting. 6. Round Table 6.1. Committee Member resignation – committee member Dace Zvanitajs representing the Recreation Advisory Committee has resigned from the committee. The Rec Advisory members will consider a replacement at their next meeting. 7. Next Meeting The next meeting of the Memorial Park Revitalization Committee will be on Monday November 14, 2016 at 7:30am. 8. Adjournment Moved By: Mel Getty Seconded By: Margaret Puhr Resolution #4 THAT the Memorial Park Revitalization Committee Meeting of October 31, 2016 be adjourned at 8:55am. Carried. 309 Tu= ATTENDANCE Mel Getty Susie Wray James Payne Bob McCormick Michael Cerna Penny Esseltine Craig Cole Secretary Becky Turrill Janet McCurdy, Program Manager MEMBERS ABSENT/REGRETS Don Baxter Brent Hosler Donna Scanlan 1. Call to Order The meeting was called to order at 7:33am 2. Adoption of Agenda Moved By: B. McCormick Seconded By: S. Wray Resolution #1 THAT the Agenda as prepared for the (Committee Name) meeting of October 18, 2016, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof B. McCormick – Fence Signs 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of September 6, 2016 The Corporation of the Town of Tillsonburg Parks & Rec COMMITTEE Tuesday October 18, 2016 7:30am Rotary Room 45 Hardy Ave MINUTES 310 Parks & Recreation Committee Meeting Minutes, May 10, 2016 - 2 - Moved By: M. Cerna Seconded By: B. McCormick Resolution #2 THAT the Minutes of the Parks and Recreation Committee Meeting of September 6, 2016, be approved. Carried 5. Delegations and Presentations - None 6. General Business & Reports 6.1. Memorial Park Revitalization – Pump Track – Update given on the project. Grass will be placed on the outside of the track. Discussion as to materials being used on the inner bowl. R. Cox to speak with Terry Smith with regards to the committee’s concerns with river rock being used. 6.2. Memorial Park Revitalization – Diamond re-positioning – Staff preparing a report for Council 6.3. Memorial Park Revitalization – Lion’s Club to meet with the designer regarding the gateway sign - Rotary Club – Installing adult fitness equipment by tennis courts - Outdoor Arena – Donation for outdoor skating arena to be used year round (no ice in the summer) 6.4. Dog Park Committee Update – meeting this evening. Staff will assist with meeting space and background information. - Location, fundraising and facility requirements will be discussed. 6.5. Fence Signage – committee would like to know when all signs will be removed from the fencing at both Annandale & Kiwanis Ball diamonds - Committee would like to know who approved for the signs that were removed to be placed on poles and plywood in the outfield. 6.6. Directional Signage – way finding to Community Centre D. Scanlan requested and update. J. McCurdy will discuss with the Director of Recreation, Culture and Parks to obtain an update on both the way finding and gateway signage and report back to the Committee. - M. Getty stated that the resolution to have a way finding sign on the pump house on Christie St has been approved by both Town of Tillsonburg Council and County Council. Committee would like an update as to the status of this resolution 7. Correspondence 311 Parks & Recreation Committee Meeting Minutes, May 10, 2016 - 3 - 7.1. Fair Board Concerns – M. Getty & R. Cox to attend the next Fair Board meeting to address their concerns regarding the scope of the draft copy of the Memorial Park Revitalization Project. 7.2. Letter from Sam Lamb outlining concerns with Sam Lamb field at the Community Centre - Storage container at Sam Lamb diamond for maintenance supplies - New foul poles incorrectly installed and unsafe. Recommended by the Committee that the Director of Recreation, Culture and Parks respond to Mr Lamb’s letter in support of a storage container being installed at the Sam Lamb diamond at the cost of the ball association – dimensions to be approved by the Town of Tillsonburg. Further, that the foul poles located at Sam Lamb field be moved. 8. Other Business 8.1. Parks & Recreation – J. McCurdy reported that 20 aquatic bikes are set to arrive ar the end of October. Staff to be trained in November. Aquatic bikes can be removed and stored on the pool deck. 9. Closed Session 9.1. - None 10. Next Meeting The next meeting of the Parks & Rec Advisory Committee will be on Tuesday November 21, 2016 @ 7:30am 11. Adjournment Moved By: M. Cerna Seconded By: S. Wray Proposed Resolution # THAT the Parks & Rec Advisory Committee Meeting of October 18, 2016 be adjourned at 8:53am 312 = ATTENDANCE: Dave Beres, Chair Stephen Molnar Penny Esseltine Crystal Houze Lesley Ross STAFF: David Calder Donna Wilson REGRETS: Dr. Howard Lamb Dr. Gerry Rowland Lance Scott Dr. Mohamed Abdalla 1. Call to Order The meeting was called to order at 12:00 p.m. There was no quorum present; discussion took place on the agenda items as follows. 2. Adoption of Agenda Agenda was circulated. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared 4. Adoption of Minutes of Previous Meetings – August 3, 2016 No comments on the minutes. The Corporation of the Town of Tillsonburg PHYSICIAN RECRUITMENT & RETENTION Wednesday, October 5, 2016 12:00 noon Council Chambers 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 313 Physician Recruitment & Retention Committee, Agenda – October 5, 2016 - 2 - 5. General Business & Reports 6.1 Work plan (attached) - committee has been provided the most recent version. 6.2 Proposal – Family Practitioner Incentive Business Plan (attached) The Family Practitioner Incentive Business Plan was provided by the sub-committee. The document will be provided to the LHIN To look at bringing in other partners in addition to the Hospital and the Town. The Real Estate Board and local banks were suggested as possible organizations who could contribute. It was suggested that a fundraiser event could be done to raise funds for physician recruitment in the community. Incentive package - The Physicians did not think living out of town was an issue. The proposal suggests the recruit should live within 15 kilometers of Tillsonburg. Discussion regarding 3 months of $6,000 rather than 6 months – it remains at 6 months. This document allows the Physician’s office to negotiate a number of terms which are to the communities benefit and this group should ensure the minimum terms are in place. These terms include that the physician agrees to stay a minimum of 4 years, they take their share of emergency room and on call work and they work a minimum of 4 full days a week. This package is an incentive for the clinics so they won’t have to invest initially in a new recruit. The incentive for the physicians is moving expenses if they move to Tillsonburg or within 15 km of Tillsonburg and free housing for 6 months. The Town has a large catchment area that will also benefit from additional physicians. The estimated cost of the incentive program per recruit is $52,000. The Sub Committee to meet and make changes and provide a one page contract at the next meeting for endorsement by the committee. 314 Physician Recruitment & Retention Committee, Agenda – October 5, 2016 - 3 - To provide a draft document without the source funding at this point. It was suggested that other incentive packages could be put together such as vouchers for food, golf, entertainment, and sports in the area. 6.3 Physician Recruitment Brochure Quote received from Red Barn. To get a cost to print 500 copies rather than just 100. To add a paragraph to the brochure about practicing in Tillsonburg. Penny Esseltine to review the verbiage and provide comments to Leslie Ross. To change spouse to partner in the document. 6.4 Physician Social Luncheon There is a potential new recruit coming in November or December. To look at setting up a luncheon with key stakeholders. He will be here for 3 months. Physicians will do an event and invite doctors in the area to meet him. Dr. Bruno will start as an anesthetist but if he likes the area he may go into general practice here. 6. Correspondence 7.1 Resident Events (attached) Dr. Gerry Rowland is at a function at McMaster University today representing Tillsonburg and the County of Oxford. The committee consented to spending $2100.00 for a retreat at Grand Bend Ontario. Dr. Abdalla and a new family physician have agreed to represent Tillsonburg. 7. Other Business Draft letter to go out to other parties to recruit funds – real estate board, banks etc. 8. Next Meeting – Wednesday, November 2, 2016 - Noon 9. Adjournment 315 Physician Recruitment & Retention Committee, Agenda – October 5, 2016 - 4 - The Physician Recruitment & Retention Committee Meeting of October 5, 2016, is adjourned at 1:08 p.m. 316 = ATTENDANCE: Marty Klein, Chair Mayor Stephen Molnar Councillor Penny Esseltine Andrew Gilvesy David Calder Donna Wilson Laurie Kirwin Cephas Panschow Absent: Lana White John Veldman Rick Strouth 1. Call to Order The meeting was called to order at 9:28 a.m. 2. Adoption of Agenda Resolution #1 Moved By: Penny Esseltine Seconded By: Stephen Molnar THAT the Town Hall Project Steering Committee Agenda dated October 18, 2016 be approved. Carried 3. Adoption of Minutes – September 19, 2016 Resolution #2 Moved By: Stephen Molnar Seconded By: Andrew Gilvesy THAT the Town Hall Project Steering Committee Minutes dated September 19, 2016, be approved. Carried The Corporation of the Town of Tillsonburg TOWN HALL PROJECT COMMITTEE Tuesday, October 18, 2016 9:00 a.m. Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 317 (Committee Name) Meeting – Agenda - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. CAO 16-02 Town Hall Project A few examples of requested documents were provided for the committees review. The committee has determined that a request for qualifications (RFQ) be done, this will prequalify interested parties and then an RFP will go out. We need to define what it is that we are really looking for? A request for qualifications would identify what other uses could be a part of the project. The CAO, in consultation with the Development Commissioner will bring a draft RFQ to the November 7th meeting of the Town Hall Steering Committee for a report to be brought to the November 14th Council meeting. Discussion took place regarding public engagement however the committee determined that the community is very much aware and have been engaged. Staff to ensure that the RFQ is advertised broadly. The Chair of the committee is to present to council regarding a brief history of the committee and the process to date and the CAO to present the detail in partnership with the Development Commissioner. Moved By: Stephen Molnar Seconded By: Andrew Gilvesy THAT the Town Hall Project Steering Committee recommends to Tillsonburg Town Council to prepare a Request for Qualifications (RFQ) for the purposes of prequalifying interested parties for the provision of a design, build, uses and finance of a Town Hall; AND THAT upon the submissions of a Request for Qualifications (RFQ), a Request for Proposal (RFP) may be provided to the prequalified parties for the provision of a design, build, uses and finance of a Town Hall. AND THAT the Request for Qualifications be provided to the committee for approval prior to being presented to Council. Carried 6. Next Meeting – Tuesday, November 7, 2016 at 4:00 p.m. 7. Adjournment Moved By: Penny Esseltine Seconded By: Andrew Gilvesy THAT the meeting be adjourned at 10:12 a.m. Carried 318 = Attendance: Chair Matt Scholtz Brian Stephenson, Mary Anne VanGeertruyde, Sam Lamb, Matthew Scholtz Donna Wilson Regrets: Mayor Molnar 1. Call to Order The meeting was called to order at 4:00 p.m. 2. Adoption of Agenda Additions to the Agenda: Missing nomination form Timing of the meetings Resolution Moved by: Sam Lamb Seconded by: Mary Ann VanGeertruyde THAT the Agenda as prepared for the Special Awards Committee meeting of October 5, 2016, be adopted, as amended. Carried 3. Disclosure of Pecuniary Interest No disclosures of pecuniary interest were declared The Corporation of the Town of Tillsonburg SPECIAL AWARDS COMMITTEE Wednesday, October 5, 2016 4:00pm Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 319 Special Awards Committee Agenda - October 5, 2016 - 2 - 4. Approval of Previous Minutes Resolution Moved by: Mary Ann VanGeertruyde Seconded by: Brian Stephenson THAT the Special Awards Committee – Special Meeting Minutes dated September 22, 2016 be approved. Carried 5. General Business and Reports i) Volunteer Achievement Awards – Past Recipients • Dianne Hodges – November, 2015 • Samuel Cull – December, 2015 • Sam Lamb – January, 2016 • Ray Sorochan – February, 2016 • Peter Beechey & Julie Dawley – March, 2016 • John Twinem – April, 2016 • Eddie Richter – May, 2016 • Ron Bates – June, 2016 • Jack Parker – July, 2016 • Vince Molloy – August, 2016 • Marilyn Chalk - September, 2016 ii) – Review of Nomination(s) – October & November TMBI executive – 12 members were nominated in September Nomination of Betty Davis was received The Chair went over her BIO and past experience. Discussion took place regarding groups receiving the award. It was thought that this might not be wise. It was suggested that someone from the Kiwanis Club be nominated as they are disbanding. Discussion took place regarding possible nominees for the monthly award. October and November were received. Moved by: Mary Ann VanGeertruyde Seconded by: Brian Stephenson THAT Betty Davis be selected as the recipient of a Volunteer Achievement Award, to be presented at the October 24, 2016 Council Meeting. Carried 320 Special Awards Committee Agenda - October 5, 2016 - 3 - Moved By: Brian Stephenson Seconded By: Sam Lamb THAT Henry Atkinson be selected as the recipient of a Volunteer Achievement Award, to be presented at the November 28, 2016 Council Meeting. Carried 6. Other Business i) Favourite Son/Daughter Award – Event Preparation October 30, 2016, 2:00 to 4:00 – the venue to be determined. High School Gym or the Legion are also suggested venues for the event. The program will be available next week. Staff to advertise the vacancy on the committee in the newspaper. The committee members to approach individuals in the community who may be interested in being part of the committee. To add nominations to the agenda as a regular item for each meeting. The committee to look at ways to provide the Nomination Form to the community, churches, service clubs etc. 7. Next Meeting - Wednesday, November 2, 2016 at 3:30pm Moved By: Brian Stephenson Seconded By: Sam Lamb THAT the meeting time be changed to 3:30 p.m. rather than 4:00 p.m. Carried 8. Adjournment Moved by: Mary Anne VanGeertruyde Seconded by: Sam Lamb Proposed Resolution THAT the October 5, 2016 Special Awards Committee meeting be adjourned at 4:45 p.m. Carried 321 322 323 324 325 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4052 A BY-LAW to authorize an Agreement between The Corporation of the Town of Tillsonburg and Her Majesty the Queen in right of the Province of Ontario, as represented by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) (the "Ministry"). WHEREAS The Town of Tillsonburg deems it necessary and expedient to enter into a New Building Canada Fund – Small Communities Fund Agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk, be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 14th day of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 14h day of November, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 326 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 1 of 46 NEW BUILDING CANADA FUND – SMALL COMMUNITIES FUND AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) I. BACKGROUND The Government of Canada established the Small Communities Fund (the “SCF”) as a component of the New Building Canada Fund under the Economic Action Plan 2013 as a renewed commitment to infrastructure priorities across Canada. The Government of Canada has committed one billion dollars ($1,000,000,000.00) over ten (10) years towards the SCF for projects in smaller communities that address local priorities while contributing to national or regional objectives, support economic growth, a clean environment and stronger communities. The purpose of the SCF is to improve and renew public infrastructure in Ontario’s communities with populations under one hundred thousand (100,000) people. The Government of Ontario has also made a renewed commitment to infrastructure within Ontario. The Government of Canada and the Government of Ontario entered into the Canada – Ontario New Building Canada Fund Small Communities Fund Funding Agreement 2014-2024, effective November 3, 2014, which set out the rights, obligations and requirements with respect to investments under the SCF. The Recipient applied to the SCF for funding to assist the Recipient in carrying out the Project, the Recipient is eligible to receive funding under the SCF and both Ontario and Canada wish to provide funding for the Project. II. CONSIDERATION In consideration of the mutual covenants and agreements contained in this agreement (the “Agreement”) and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Province and the Recipient (the “Parties”) agree as follows: III. ENTIRE AGREEMENT This Agreement, including Schedule “A” – General Terms And Conditions, Schedule “B” – Operational Requirements And Additional Terms and Conditions, Schedule “C” – Project Description, 327 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 2 of 46 Schedule “D” – Project Financial Information, Schedule “E” – Communications Protocol, Schedule “F” – Reporting Requirements, and any amending agreement entered into as provided for below, constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. IV. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. V. AMENDING AGREEMENT This Agreement may only be amended by a written agreement duly executed by the Parties. VI. ACKNOWLEDGEMENT The Recipient: (a) Acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) Agrees to be bound by the terms and conditions in the entire Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs ______________________________________ ___________________ Name: Randy Jackiw Date Title: Assistant Deputy Minister I have the authority to bind the Crown pursuant to delegated authority. THE CORPORATION OF THE TOWN OF TILLSONBURG Name: Name: Title: Title: Date: Date: I/We have the authority to bind the Recipient. AFFIX CORPORATE SEAL 328 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 3 of 46 SCHEDULE “A” GENERAL TERMS AND CONDITIONS ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpreting this Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference only and will not affect the interpretation of this Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as that statute and regulations may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of the Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles in effect in Canada; and (h) The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive. 1.2 Definitions. In this Agreement, the following terms will have the following meaning “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Additional Conditions” means the terms and conditions referred to in section 9.1 of Schedule “A” of this Agreement and specified in section B.2 of Schedule “B” of this Agreement. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement and as treated or defined under Generally Accepted Accounting Principles. “Asset” means any moveable or non-moveable real or personal property constructed, rehabilitated or improved, in whole or in part, with Funds provided under this Agreement. “Auditor General” means the Auditor General of Ontario and/or the Auditor General of Canada, depending on the context. “BPSAA” means the Broader Public Sector Accountability Act, 2010. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance 329 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 4 of 46 Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Canada” means Her Majesty the Queen in Right of Canada. “Communications Protocol” means the protocol set out under Schedule “E” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. “Contract” means an agreement between the Recipient and a third-party whereby the third-party agrees to provide a good or service for the Project in return for financial consideration that may be claimed by the Recipient as an Eligible Cost. “Effective Date” means the date on which this Agreement is effective, as set out under section B.1.1 of Schedule “B” of this Agreement. “Eligible Costs” means those costs set out under section D.3 of Schedule “D” of this Agreement. “Event of Default” has the meaning ascribed to it in section 15.1 of Schedule “A” of this Agreement. “Expiration Date” means the date on which this Agreement will expire, as set out under section B.1.2 of Schedule “B” of this Agreement unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. “FAA” means the Financial Administration Act. “Failure” means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. “FIPPA” means the Freedom of Information and Protection of Privacy Act. “Funding Year” means: (a) In the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, and (b) In the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money provided to the Recipient pursuant to this Agreement. “Holdback” means the amount set out under section D.1.2 of Schedule “D” of this Agreement. 330 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 5 of 46 “Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers, appointees, officers, employees, servants and agents as well as Her Majesty the Queen in Right of Canada, Her Ministers, appointees, officers, employees, servants and agents. “Ineligible Costs” means those costs set out under section D.4 of Schedule “D” of this Agreement. “Maximum Funds” means the maximum amount of Funds the Recipient is eligible to receive under this Agreement, as set out under section D.1.1 of Schedule “D” of this Agreement. “Minister” means the Minister of Agriculture, Food and Rural Affairs. “Notice” means any communication given or required to be given pursuant to this Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “C” of this Agreement. “Project Approval Date” means the date set out in section B.1.3 of Schedule “B” of this Agreement and is the first date in which the Recipient may incur Eligible Costs for the Project. “Project Completion Date” means the date set out in section B.1.4 of Schedule “B” of this Agreement and is the last date in which the Recipient may incur Eligible Costs for the Project. “Project Investment Commitment” means the minimum financial contribution that the Recipient will provide toward completing the Project, as set out under section D.2.1 of Schedule “D” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996. “Reports” means the reports set out under Schedule “F” of this Agreement. “Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA and other type of broader public sector accountability legislative provisions are deemed to be a Requirement of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act. 331 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 6 of 46 “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.3 Expiration Of Agreement. This Agreement will expire on the Expiration Date, unless amended or terminated prior to the Expiration Date in accordance with the terms and conditions of this Agreement. 1.4 Conflict. Subject to section 9.1 of Schedule “A” of this Agreement, in the event of a conflict between this Schedule “A” of the Agreement and any other Schedule of this Agreement, the terms and conditions set out under this Schedule “A” of the Agreement will prevail. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, a validly existing legal entity with the full power to fulfill its obligations under this Agreement; (b) Where applicable, it has passed the requisite by-laws to enter into this Agreement and undertake the Project; (c) It is in compliance with all Requirements of Law and it will remain in compliance with all Requirements of Law throughout the Term of this Agreement; (d) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (e) It has secured the funds necessary to meet its Project Investment Commitment; (f) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project or it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (g) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true, correct and complete at the time the Recipient provided it. 2.2 Execution Of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has in writing and will maintain for the Term of this Agreement: (a) A code of conduct and ethical responsibilities for the Recipient; (b) Procedures to ensure the ongoing effective functioning and continuance of the Recipient until the Expiration Date of this Agreement; (c) Decision-making mechanisms; (d) Procedures for the prudent and effective management of any Funds being provided under this Agreement; (e) Procedures to enable the timely identification of risks that would interfere with the Recipient meetings its obligations under this Agreement and strategies to address the identified risks; (f) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and 332 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 7 of 46 (g) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 2.4 Proof Of Compliance Upon Ontario’s Request. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article 2 of the Agreement. 2.5 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections 2.1, 2.2 or 2.3 of Schedule “A” of this Agreement during the Term of this Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. ARTICLE 3 THE RECIPIENT AND THE PROJECT 3.1 Project Investment Commitment. The Recipient will invest a minimum amount equal to the Project Investment Commitment for the Project between the Effective Date of this Agreement and the Project Completion Date or the termination of this Agreement, whichever is sooner. 3.2 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation in regards to its Project Investment Commitment changes; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project in the event that its Project Investment Commitment is not sufficient to complete the Project. 3.3 Responsibility For The Project. The Recipient acknowledges and agrees that the Recipient is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that it will not seek to hold the Province or Canada responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Project Completion. The Recipient will ensure that the Project is Substantially Completed by the Project Completion Date in accordance with the terms and conditions of this Agreement. ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province will: 333 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 8 of 46 (a) Provide the Recipient up to the Maximum Funds for the sole purpose of carrying out the Project; (b) Provide the Funds to the Recipient in accordance with section D.5 of Schedule “D” of this Agreement; (c) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient. 4.2 Limitation On Payment Of Funds. Despite section 4.1 of Schedule “A” of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 12.2 of Schedule “A” of this Agreement; (b) The Province is not obligated to provide any instalment or payment of Funds until it is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs in any Funding Year based upon the Province’s assessment of the information provided by the Recipient pursuant to Article 7 of Schedule “A” of this Agreement; (d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs, or (ii) Terminate the Agreement pursuant to section 14.1 of Schedule “A” of this Agreement; (e) If the Province does not receive sufficient funds from Canada, the Province is not obligated to make any payment to the Recipient, and, as a consequence, the Province may: (i) Reduce the amount of Funds being provided under the Agreement and, in consultation with the Recipient, change the Project without liability, penalty or costs, (ii) Recover Funds already paid to the Recipient, or (iii) Terminate the Agreement in the same manner as is set out under section 14.1 of Schedule “A” of this Agreement; (f) The Province may impose a Holdback on any instalment of Funds and will not be obligated to pay that Holdback to the Recipient until forty-five (45) Business Days after the Province approves the Recipient’s Final Report. 4.3 Use Of Funds And Project. The Recipient will: (a) Carry out the Project in accordance with the terms and conditions of this Agreement; (b) Use the Funds only for Eligible Costs that are directly related to the Project and are for the sole purpose of carrying out the Project; and (c) Not use the Funds on Ineligible Costs or to cover any specific cost that has or will be funded or reimbursed by any third party, including other ministries, agencies and organizations of the Government of Ontario. 4.4 Province And Canada’s Role Limited To Providing Funds. For greater clarity, the Province and Canada’s role under this Agreement is strictly limited to providing Funds to the Recipient for the purposes of the Project and the Province and Canada are not a decision- maker in regards to the Project nor is the Province or Canada responsible for carrying out the Project. Without limiting the generality of the foregoing, the fact that the Province or 334 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 9 of 46 Canada may conduct reviews and/or audits of the Project as provided for hereinafter or the Province issues directions, consents to changes to the Project or impose conditions upon any consents in accordance with the terms and conditions of this Agreement will not be construed by the Recipient as the Province having a management, decision-making or advisory role in relation to the Project. The Recipient further agrees that the Recipient will not seek to name the Province or Canada as a decision-maker, advisor or manager of the Project in any matter before a third party, court, tribunal or arbitrator. 4.5 Provision Of Funds Does Not Obligate Province Or Canada To Assist Recipient In Obtaining Approvals, Licences or Permits. The Recipient acknowledges and agrees that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature or Parliament to issue any type of approval, licence, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under this Agreement. 4.6 No Changes. The Recipient will not make any changes to the Project without providing Notice to the Province and receiving the Province’s prior written consent before undertaking any changes to the Project. 4.7 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for the Project. 4.8 Recipient Earning Interest On Funds. If the Recipient earns any interest on the Funds, the Province may: (a) Deduct an amount equal to the interest from any further installment of the Funds; or (b) Demand from the Recipient the repayment of an amount equal to the interest. 4.9 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient. 4.10 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. 4.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. 4.12 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. ARTICLE 5 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS 5.1 Acquisition. If the Recipient acquires goods, services or both with the Funds, it will: 335 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 10 of 46 (a) Do so through a process that is transparent, fair and promotes the best value for the money expended and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient; and (b) Comply with any Requirements of Law and any procurement policies that may be applicable to how the Recipient acquires goods, services or both. Without limiting the generality of the foregoing: (a) Where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient will follow its procurement policies when procuring goods, services or both; and (b) Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario) and the Recipient is looking to procure goods, services or both, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient will obtain at least three (3) written quotes when procuring goods, services or both. 5.2 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project as the Province see fit in connection with Article 7 of Schedule “A” of this Agreement. 5.3 Revenue From Assets. The Recipient will provide Notice to the Province when an Asset in any given Funding Year generates revenue that exceed its costs, including operating costs, alternative financing partnerships or public-private partnership costs and provisions for future life cycle costs. The Province may, in its sole and absolute discretion, deem the amount of revenue generated from the Asset in excess of its costs within the first five (5) years after the Project is Substantially Completed that is proportionate to the Funds provided under this Agreement to be an overpayment and the Recipient will repay that overpayment to the Province. 5.4 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or otherwise dispose of any Asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule “B” of this Agreement at the time of purchase for the time period set out under section B.1.6 of Schedule “B” of this Agreement. In the event the Recipient fails to comply with the requirements set out under this section 5.3 of Schedule “A” of this Agreement, the Province may recover its Funds from the Recipient in accordance with section B.1.7 of Schedule “B” of this Agreement. For greater clarity, the remedy provided under this section 5.3 of Schedule “A” of this Agreement does not limit any other remedies that the Province may have under this Agreement. ARTICLE 6 CONFLICT OF INTEREST 6.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 336 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 11 of 46 6.2 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure. ARTICLE 7 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section B.1.8 of Schedule “B” of this Agreement all Reports in accordance with the timelines and content requirements set out in Schedule “F” of this Agreement, or in a form as specified by the Province from time to time; (b) Ensure that all Reports are completed to the satisfaction of the Province; and (c) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying attestation has been completed. 7.2 Records Maintenance. The Recipient will keep and maintain for a period of seven (7) years from the Expiration Date of this Agreement: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province and Canada, their authorized representatives or an independent auditor identified by the Province or Canada may, at their own expense, upon twenty-four (24) hours’ Notice to the Recipient during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section 7.2 of Schedule “A” of this Agreement; (b) Remove any copies made pursuant to section 7.3(a) of Schedule “A” of this Agreement from the Recipient’s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. 7.4 Disclosure. To assist in respect of the rights set out under section 7.3 of Schedule “A” of this Agreement, the Recipient will disclose any information requested by the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada and will do so in the form requested by the Province or Canada, their authorized representatives or an independent auditor identified by the Province or Canada, as the case may be. 7.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province or Canada any control whatsoever over the Recipient’s records. 337 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 12 of 46 7.6 Auditor General. For greater certainty, the Province and Canada’s rights under this Article of the Agreement are in addition to any rights provided to the Auditor General. ARTICLE 8 COMMUNICATIONS 8.1 Acknowledgement And Support. The Recipient will follow the Communications Protocol set out under Schedule “E” of this Agreement. ARTICLE 9 ADDITIONAL CONDITIONS 9.1 Additional Conditions. The Recipient will comply with any Additional Provisions set out under section B.2 of Schedule “B” of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Conditions and any requirements of this Schedule “A” of the Agreement, the Additional Conditions will prevail. ARTICLE 10 ACCESS TO INFORMATION 10.1 Access To Information. The Recipient acknowledges that the Province is bound by the FIPPA and that Canada is bound by the Access to Information Act (Canada). 10.2 Disclosure Of Information. Any information provided to the Province or Canada in connection with the Project or otherwise in connection with this Agreement may be subject to disclosure in accordance with FIPPA, the Access to Information Act (Canada) and any other Requirements of Law. ARTICLE 11 INDEMNITY 11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, including claims for infringement of rights, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the negligence or wilful misconduct of the Province or Canada, as the case may be. 11.2 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province and/or Canada, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. 11.3 Election. The Province and/or Canada may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province and/or Canada under this Agreement, at law or 338 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 13 of 46 in equity. Each Party participating in the defence will do so by actively participating with the other’s counsel. 11.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province and/or Canada. If the Recipient is requested by the Province and/or Canada to participate in or conduct the defence of any proceeding, the Province and/or Canada, as the case may be, will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. 11.5 Recipient’s Co-operation. If the Province and/or Canada conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province and/or Canada, to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE 12 INSURANCE 12.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain until the Project Completion Date, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount set out under section B.1.9 of Schedule “B” of this Agreement per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course or performance of the Recipient’s obligations under, or otherwise in connection with, the Project or this Agreement; (b) A cross-liability clause; (c) Contractual liability coverage; and (d) A thirty (30) day written notice of cancellation provision. 12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in the Notice, that confirms the insurance coverage as required under section 12.1 of Schedule “A” of this Agreement. 12.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of “first call” or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under this section 12.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement. ARTICLE 13 TERMINATION ON NOTICE 339 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 14 of 46 13.1 Termination On Notice. The Province may terminate this Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient. 13.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section 13.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b) of Schedule “A” of this Agreement; and (ii) Subject to section 4.10 of Schedule “A” of this Agreement, provide Funds to the Recipient to cover such costs. ARTICLE 14 TERMINATION WHERE NO APPROPRIATION 14.1 Termination For Insufficient Funds. If, as provided for in sections 4.2(d) or 4.2(e) of Schedule “A” of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature or from Canada for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. 14.2 Consequences Of Termination For Insufficient Funds. If the Province terminates this Agreement pursuant to section 14.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (c) Demand the repayment of an amount equal to any Funds provided to the Recipient, even though the Project is partially completed; and (d) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 14.2(b) of Schedule “A” of this Agreement. 14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section 14.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE 15 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 15.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project; 340 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 15 of 46 (ii) Use or spend the Funds; or (iii) Provide any and all Reports required under this Agreement; (b) The Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) The Recipient ceases to operate. 15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds; (e) Cancel any further installments of the Funds; (f) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) Demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds provided under this Agreement to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 15.3 Opportunity To Remedy. If, in accordance with section 15.2(b) of Schedule “A” of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The Notice Period. 15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 15.2(b) of Schedule “A” of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 15.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement. 15.5 When Termination Effective. Termination under this Article 15 of Schedule “A” of this Agreement will take effect as set out in the Notice. ARTICLE 16 FUNDS AT THE END OF A FUNDING YEAR 341 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 16 of 46 16.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under Article 15 of Schedule “A” of this Agreement, if the Recipient has not spent all of the Funds allocated for the Funding Year, the Province may take one or both of the following actions: (a) Demand the return of the unspent Funds; and (b) Adjust the amount of any further installments of Funds accordingly. ARTICLE 17 FUNDS UPON EXPIRY 17.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 18 REPAYMENT 18.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds from any further installments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds to the Province. 18.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) The Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section will not affect any Funds that the Recipient is holding in trust for the Province under section 4.7 of Schedule “A” of this Agreement. 18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 18.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section 19.1 of Schedule “A” of this Agreement. 18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does not repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Right of Ontario. 342 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 17 of 46 ARTICLE 19 NOTICE 19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section B.1.10 of Schedule “B” of this Agreement or as either Party later designates to the other by Notice. 19.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. 19.3 Postal Disruption. Despite section 19.2(a) of Schedule “A” of this Agreement, in the event of a postal disruption, (a) Notice to the Province by postage-prepaid mail will not be deemed to be received; and (b) The Province will provide Notice by email, personal delivery or fax. ARTICLE 20 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing that consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. ARTICLE 21 SEVERABILITY OF PROVISIONS 21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE 22 WAIVER 22.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 19 of Schedule “A” of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide such a waiver. 343 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 18 of 46 ARTICLE 23 INDEPENDENT PARTIES 23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. ARTICLE 24 ASSIGNMENT OF AGREEMENT OR FUNDS 24.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. 24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 25 GOVERNING LAW 25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE 26 FURTHER ASSURANCES 26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent. ARTICLE 27 JOINT AND SEVERAL LIABILITY 27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. ARTICLE 28 RIGHTS AND REMEDIES CUMULATIVE 344 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 19 of 46 28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE 29 ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES 29.1 Recipient Acknowledges. The Recipient acknowledges: (a) It is receiving Funds from the Province and Canada for the Project and is not providing goods or services to the Province or Canada; (b) That by receiving Funds it may become subject to legislation applicable to organizations that received funding from the Government of Ontario, including the BPSAA, the PSSDA and the Auditor General Act (Ontario); (c) That the Province has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA; and (c) It will comply with any such legislation, including directives issued thereunder, to the extent applicable. ARTICLE 30 JOINT AUTHORSHIP 30.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE 31 FAILURE TO COMPLY WITH OTHER AGREEMENTS 31.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE 32 SURVIVAL 32.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the date of expiry or termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections, schedules and appendices will continue in full force and effect for a period of seven (7) years from the date 345 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 20 of 46 of expiry or termination: Article 1 and any other applicable definitions, sections 4.2 and 4.8, section 7.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province, sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8, Article 11, sections 13.2 and 13.3, sections 14.2 and 14.3, sections 15.1, 15.2(d), (e), (f), (g) and (h), Article 17, Article 18, Article 19, Article 21, section 24.2, Article 25, Article 27, Article 28, Article 29, Article 30 and Article 31. [Rest Of Page Intentionally Left Blank – Schedule “B” Follows] 346 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 21 of 46 SCHEDULE “B” OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND CONDITIONS B.1 – OPERATIONAL REQUIREMENTS B.1.1 Effective Date. The Effective Date of this Agreement is the date in which the Province signs the Agreement. B.1.2 Expiration Date. The Expiration Date of this Agreement is December 31, 2023. B.1.3 Project Approval Date. The Project Approval Date is July 22, 2016. B.1.4 Project Completion Date. The Project Completion Date is March 30, 2018. B.1.5 Disposal Of Assets. There is no disposal of asset amount requirement for the purposes of section 5.4 of Schedule “A” of this Agreement. B.1.6 Asset Retention Period. The Recipient will not sell, lease or otherwise directly or indirectly dispose of any Asset, other than to Canada, the Province or a Local Government (defined to mean a “municipality”, as defined in the Municipal Act, 2001 (Ontario) and includes a local board of a municipality and a board, commission or other local authority constituted pursuant to provincial legislation whose purpose is to manage municipal affairs or the affairs of areas without municipal organization) for a period of five (5) years from the Project Completion Date. B.1.7 Asset Retention Repayment Requirement. The Province may demand the Recipient repay to the Province an amount up to the Maximum Funds provided under this Agreement where the Recipient fails to retain the Asset for the amount of time set out under section B.1.6 of Schedule “B” of the Agreement. Where the Province makes a demand pursuant to this section 1.7 of Schedule “B” of the Agreement, the Recipient will pay to the Province the demanded amount within the time period set out in the Notice. B.1.8 Submission Of Reports. All Reports under this Agreement will be submitted to the Province using the address supplied under section B1.10 of this Schedule “B” of the Agreement or any other person identified by the Province in writing. B.1.9 Insurance Amount. The amount of insurance the Recipient will have for the purposes of section 12.1 of Schedule “A” of this Agreement is two million dollars ($2,000,000.00). 347 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 22 of 46 B.1.10 Providing Notice. All Notices under this Agreement will be provided to: TO THE PROVINCE TO THE RECIPIENT Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Fax: 519-826-3398 Email: SCF@ontario.ca The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, Ontario, N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Email: kdeleebeeck@tillsonburg.ca or any other person identified by the Parties in writing through a Notice. B.2 – ADDITIONAL CONDITIONS B.2.1 Aboriginal Consultation. The Province and the Recipient agree to the following: (a) The provision of Funds under this Agreement is strictly conditional upon the Province satisfying any obligations that it may have with and, if required, accommodate any Aboriginal Group with an interest in the Project; (b) The Recipient will act as the Province’s delegate for any procedural aspects of any consultation obligations that the Province may have with any Aboriginal Group in relation to the Project; (c) The Recipient’s obligations as the Province’s delegate will include: (i) Following the process set out under the Appendix to this Schedule “B” of the Agreement as it relates to consulting with any Aboriginal Group that may have an interest in the Project, (ii) Taking directions from the Province in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions the Province may issue in relation to consultations, including suspending or terminating the Project, and (iii) Providing a detailed description of any actions the Recipient took in relation to consultation with any Aboriginal Group that has an interest in the Project; and (d) The Recipient will not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as the Province may direct, after it has provided the Province with written evidence that the Recipient has sent a notice about the Project to the Aboriginal Groups the Province has identified in accordance with the Appendix to this Schedule “B” of the Agreement B.2.2 Limit On Federal Funding. Despite anything else contained in this Agreement, the aggregate of all funding originating from Canada for the Project will not exceed thirty-three percent (33%) of the total Eligible Costs for the Project. [Rest Of Page Intentionally Left Blank – Appendix To Schedule “B” Follows] 348 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 23 of 46 APPENDIX TO SCHEDULE “B” ABORIGINAL CONSULTATION REQUIREMENTS B.1 – PURPOSE AND DEFINITIONS B.1.1 Purpose. This Appendix sets out the responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from the Province to the Recipient. B.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty that the Province may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. B.2 – RESPONSIBILITIES OF THE PROVINCE B.2.1 The Province’s Responsibilities. The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. B.3 – RESPONSIBILITIES OF THE RECIPIENT B.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province, if such notice has not already been given by the Recipient or the Province; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; 349 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 24 of 46 (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province, providing the Province with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Province any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province may require; and (p) Providing in any Contracts for the Recipient’s right and ability to respond to direction from the Province as the Province may provide. B.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding anything contained in this Agreement, the Province, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. B.3.3 Recipient Will Keep Records And Share Information. The Recipient will carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: (a) Provide to the Province, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; 350 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 25 of 46 (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province with complete and accurate copies of such records upon request; (c) Provide the Province with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the Project and provide copies to the Province of any documentation received from Aboriginal Groups; (e) Advise the Province in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify the Province if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province; and (h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. B.3.4 Recipient Will Assist The Province. The Recipient will, upon request lend assistance to the Province by filing records and other appropriate evidence of the activities undertaken both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial decision-makers. B.4 – NO IMPLICIT ACKNOWLEDGEMENT B.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule will be construed as an admission, acknowledgment, agreement or concession by the Province or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section B.2.1 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. B.5 – GENERAL B.5.1 No Substitution. This Schedule will be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies and other regulatory decision-makers. 351 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 26 of 46 B.6 – NOTICE AND CONTACT B.6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Appendix will be in writing and will be sent to the person identified under section B.1.8 of Schedule “B” of this Agreement. [Rest Of Page Intentionally Left Blank – Schedule “C” Follows] 352 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 27 of 46 SCHEDULE “C” PROJECT DESCRIPTION C.1 – PROJECT DESCRIPTION The project is for the reconstruction of Newell Road. The work will include the construction of a new pavement structure, concrete curb and gutter, guide rails with energy dissipation end treatments and storm sewers. [Rest Of Page Intentionally Left Blank – Schedule “D” Follows] 353 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 28 of 46 SCHEDULE “D” PROJECT FINANCIAL INFORMATION D.1 – PROVINCIAL FUNDING INFORMATION D.1.1 Maximum Funds. The Maximum Funds that may be provided by the Province and Canada under this Agreement is up to Six Hundred Ninety Nine Thousand Three Hundred Forty-six Dollars ($699,346).This amount consists of the following: Ontario’s Maximum Contribution $349,673 Canada’s Maximum Contribution $349,673 Maximum Funds are calculated based on the Project’s approved Total Eligible Costs $1,049,021 Percentage of Program Support The Percentage of Program Support is fixed at 33% for each level of government for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Total Eligible Costs as provided above. D.1.2 Holdback. There will be a Holdback of ten percent (10%) of the Maximum Funds. The Holdback will be released upon submission and approval of all required Project documentation. D.2 – RECIPIENT’S FUNDING INFORMATION D.2.1 Project Investment Commitment. The Recipient’s Project Investment Commitment must be a minimum of ten (10) percent of the final calculated eligible Project costs as noted in the Final Report. D.3 – ELIGIBLE COSTS D.3.1 Eligible Costs. Eligible Costs are those costs that are, in the Province’s sole and absolute discretion, properly and reasonably incurred, as well as paid or reimbursed by the Recipient, and are necessary for the successful completion of the Project. For greater clarity, and subject to section D.5.1 of this Schedule “D” of the Agreement, Eligible Costs are those that are set out immediately in this section D.3.1 of the Schedule “D” of the Agreement: (a) Costs incurred on or after the Project Approval Date and on or before the Project Completion Date; (b) The capital costs for acquiring, constructing, renewing, rehabilitating, materially enhancing or renovating an Asset; (c) Costs directly associated with joint communication activities that are set out in section E.6 of Schedule “E” of this Agreement with the Province and Canada. (d) The costs of Project-related signage, lighting, Project markings and associated utility adjustments; (e) Up to fifteen percent (15%) of the Maximum Funds may be spent on planning, including plans and specifications, and assessment costs, such as costs associated 354 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 29 of 46 with environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (f) Costs for consulting with Aboriginal Groups, provided those costs do not include accommodation costs and legal costs; (g) Auditing costs; (h) The incremental costs for the Recipient’s employees or leasing of equipment for the Project, provided the Recipient meets the following conditions: i. It was not economically feasible to tender a Contract, ii. The employee or equipment is directly engaged in the work that would have been the subject of a Contract, and iii. The province has approved the arrangement beforehand; (i) The costs for leasing/renting equipment directly related to the construction of the Project; and (j) Other costs that are, in the Province’s sole and absolute discretion, direct, incremental and necessary for the successful completion of the Project, provided those costs have been approved by the Province in writing prior to being incurred. D.4 – INELIGIBLE COSTS D.4.1 Ineligible Costs. The following costs are Ineligible Costs under this Agreement: (a) Costs incurred prior to the Project Approval Date; (b) Costs incurred after the Project Completion Date; (c) Costs that have not been claimed for reimbursement by March 31 of the Funding Year following the Funding Year in which the costs were incurred; (d) Costs associated with developing an application, business case or funding proposal to receive funding under the SCF; (e) Costs related to the purchasing of land, buildings and associated real estate as well as all related fees associated with the purchasing of land, buildings and associated real estate; (f) Financing charges and interest payments on loans; (g) The costs for leasing land, buildings and other facilities; (h) Except as specified in section D.3.1(i) of this Schedule “D” of the Agreement, the costs of leasing equipment; (i) Furnishings and non-fixed Assets which are not essential to complete the Project; (j) General repairs and maintenance of the Project and related structures, unless they are part of a larger capital expansion; (k) Costs of services or works normally provided by the Recipient, incurred in the course of implementation of the Project, unless they have been specifically set out as being an Eligible Cost under section D.3.1 of this Schedule “D” of the Agreement; (l) Costs related to any goods and services which are received through donations or in kind; (m) Any overhead costs ordinarily incurred, including salaries, per diems and associated benefits of any employees of the Recipient, direct or indirect operating or administrative expenditures of the Recipient, and more specifically costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by employees of the Recipient, unless those costs are in accordance with section D.3.1(e) and (h) of this Schedule “D” of the Agreement; (n) Taxes for which the Recipient is eligible to receive a tax rebate; (o) Any other costs in which the Recipient is able to claim any type of rebate or refund, irrespective of whether the Recipient makes a claim; (p) Legal fees; 355 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 30 of 46 (q) Any amount of costs in which the Recipient is eligible to receive or will receive funding from the Province under another agreement; and (r) Without limiting the foregoing, any other costs that are not specifically set out as Eligible Costs under section D.3.1 of this Schedule “D” of the Agreement or the Province did not approve in writing prior to the Recipient incurring and paying those costs Without limiting the foregoing, neither the Recipient nor any person providing goods, services or both for the Project will obtain those goods, services or both from another person that is not Arm’s Length from the Recipient or the person providing the goods, services or both for the Project without the Province’s prior written approval. The Province may impose terms and conditions on any written approval it provides, including: (a) Whether the costs can include any mark-up for profit, overhead or return on investment; (b) The value that can be included in the costs associated with a mark-up for profit, overhead or return on investment based on the following: (i) Up to thirty percent (30%) of the total costs submitted can be attributable to profit charged for the goods, services or both, (ii) Up to thirty percent (30%) of the total costs submitted can be attributable to overheard charged for the goods, services or both, (iii) Up to ten percent (10%) of the total costs submitted can be attributable to return on investment for the goods, services or both, and any costs for profit, overhead or return on investment that are greater than what the Province approved will be deemed to be an Ineligible Cost under the Agreement; and (c) Any special auditing requirements in addition to the auditing rights the Province already has under this Agreement to allow the Province to satisfy itself as to the validity of any costs incurred by the Recipient or any person providing goods, services or both for the Project from another person that is not Arm’s Length from the Recipient or the person providing the goods, services or both for the Project. D.5 – PAYMENT OF FUNDS D.5.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Costs, up to the Maximum Funds based on a calculation of the Province and Canada’s approved funding percentages (Maximum Funds divided by the total approved Eligible Costs) and the total Eligible Costs of the claim as determined by the Province. D.5.2 Submission Of Claims. The Recipient will submit claims for payment to the Province on a regular basis ensuring compliance with D.4.1(c). Copies of paid invoices must be included with the Claims Report set out under Schedule “F” of this Agreement. D.5.3 Claim Reimbursement. Claims will be reimbursed to the Recipient based on the Percentage of Program Support up to ninety (90) percent of the project costs. The remaining holdback percentage will be reimbursed as per D.1.2. [Rest Of Page Intentionally Left Blank – Schedule “E” Follows] 356 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 31 of 46 SCHEDULE “E” COMMUNICATIONS PROTOCOL E.1 PURPOSE OF SCHEDULE E.1.1 Purpose Of Schedule. This Schedule describes the Recipient’s responsibilities and financial obligations in the joint communications activities and products for the Project to recognize the contribution of Funds toward the Project by the Province and Canada. E.2 GENERAL PRINCIPLES OF SCHEDULE E.2.1 General Principles. The Recipient acknowledges and agrees that it will work with both the Province and Canada to undertake communication activities for the Project in an open, effective and proactive manner, ensuring equal recognition of those that provided a financial contribution toward the Project. These general principles include the following: (a) All financial contributors to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques for the Project, unless the Province and Canada specify otherwise; (b) All events, signs and plaques will follow this Schedule and any other requirements that the Province or Canada may specify from time to time; (c) Both official languages will be used for public information, signs and plaques in accordance with the Official Languages Act (Canada); and (d) The Recipient: (i) May produce information kits, brochures, public reports and Internet sites providing information about the Project and the Agreement for private-sector interest groups, contractors and members of the Public, (ii) Will consult with the Province and Canada in preparing the content and look of all such materials, and (iii) Will get the Province and Canada’s approval for any references to the Province or Canada before said references are made. E.3 EVENTS E.3.1 Events. The Recipient: (a) Agrees that all Project-related milestone events, such as groundbreaking and ribbon-cutting ceremonies, will be organized in cooperation with the Province and Canada; (b) Will coordinate a mutually agreeable venue, date and time for the event in light of the Province and Canada’s availability and under no circumstances will an event take place without fifteen (15) Business Days’ notice to the Province and Canada; (c) May invite other elected officials as well as other local interested persons, such as contractors, architects, labour groups and community leaders, provided the Recipient consults with the Province and Canada before inviting those persons; and (d) Will ensure that federal, provincial and municipal flags are on display at any event for the Project. E.3.2 Written Communications For Events. All written communications, such as public service announcements and posters, will indicate that the Project received Funds from the Province and Canada under the Building Canada Fund – Small Communities Fund. The Province 357 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 32 of 46 and Canada will assist the Recipient in developing written communications for any event. The Recipient, the Province and Canada will approve of all final copies of any written communications for events. E.4 SIGNS E.4.1 Installation Of Signs. The Recipient will produce via a party acting at Arm’s Length in order for the production of the sign to be an Eligible Cost and install temporary and permanent signage for the Project to communicate the nature of the Project and the involvement of the Province and Canada. The Recipient will ensure that the design, wording and specifications for signs are in accordance with the Province and Canada’s visual identity guidelines. The Recipient will ensure that temporary signage is installed at the Project site(s) thirty (30) days prior to the start of construction and be visible for the duration of the Project. E.4.2 Removal Of Signs. The Recipient will remove temporary signs within ninety (90) days of the Project’s Substantial Completion. E.4.3 Costs Of Signs. The maximum costs for signs will be: (a) Two thousand two hundred fifty dollars ($2,250.00) for small signs; and (b) Four thousand two hundred fifty dollars ($4,250.00) for large signs. E.5 PLAQUES E.5.1 Installation Of Plaque. The Recipient may produce and install a plaque for the Project to communicate the nature of the Project and the involvement of the Province and Canada. The Recipient will ensure that the design, wording and specifications of the plaque are in accordance with the Province and Canada’s visual identity guidelines. E.5.2 Costs Of Plaques. The maximum cost for a plaque is two thousand five hundred dollars ($2,500.00). E.6 ELIGIBLE COSTS FOR COMMUNICATIONS ACTIVITIES E.6.1 Eligible Costs Related To Communications Activities. The Recipient will pay the costs of preparing and delivering joint communications activities and products (e.g. press releases, press conferences, translation, etc.), including the organization of special events and the production of signage. In addition to the costs set out for signs under section E.4.3 of this Schedule “E” of the Agreement and the costs set out for plaques under section E.5.2 of this Schedule “E” of the Agreement, the following communications costs are Eligible Costs for the purposes of this Agreement: (a) Printing and mailing invitations; (b) Light refreshments, such as coffee, tea, juice, donuts and muffins; (c) Draping for plaque unveiling; (d) Project material for display and/or media kit; and (e) Rentals, such as flagpoles, stage, chairs, podium and public announcement system. The costs of certain items, such as alcohol, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible Costs. 358 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 33 of 46 SCHEDULE “F” REPORTING REQUIREMENTS F.1 Reporting Requirements. The following Reports will be provided in full in the corresponding formatted provided hereafter and with such content as is satisfactory to the Province: NAME OF REPORT DUE DATE 1. Initial Project Report Within five (5) Business Days of when the Recipient signs the Agreement if not previously submitted. 2. Claim Report In order to avoid invoices being deemed ineligible due to age (Section D.4.1(c)), claims will be submitted at least twice a year. NOTE: Costs that have not been claimed for reimbursement by March 31 of the Funding Year following the Funding Year in which the costs were incurred will be deemed ineligible. 3. Progress Report May 15 and October 15 of each calendar year from the Effective Date until the Project Completion Date. 4. Final Report (including the Solemn Declaration of Substantial Completion) Within sixty (60) Business Days of when: • The Project construction is Substantially Completed; or • The Project Completion Date. 5. Other Reports On or before the date the Province directs. [Rest Of Page Intentionally Left Blank – Section F.2 Of Schedule “F” Follows] 359 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 34 of 46 F.2 – INITIAL PROJECT REPORT New Building Canada Fund – Small Communities Fund INITIAL PROJECT REPORT Name of Recipient Click here to enter Recipient name. Name of Project Click here to enter Project name. Project Number Enter # Events Forecasted Date Start Date of Project Click here to enter a date. First Construction Tender Awarded Click here to enter a date. Start Date of Construction Click here to enter a date. End Date of Construction Click here to enter a date. End Date of Project Click here to enter a date. Expenditure Forecast Table The purpose of this table is to show the total eligible costs that have been incurred from the start of the Project until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2016 – March 31, 2017) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter Q1 (April – June) Q2 (July – September) Q3 (October – December) Q4 (January – March) Total by Fiscal Year 2016/17 Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2017/18 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2018/19 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2019/20 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2020/21 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2021/22 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Total Eligible Costs (Less HST Rebate) Enter dollars. NOTES: 1. Expenditures are only considered eligible after the Project Approval Date. 360 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 35 of 46 2. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). 3. Please only include Net Eligible Expenditures -- total Eligible Costs less HST rebate. Enter the total Eligible Costs expected to be incurred up to when the project is completed, rather than reporting requested financial assistance (i.e., senior government's share of costs). 4. Expenditure forecasts should not exceed total eligible costs as identified in Schedule D of the Agreement. 5. If the Project cannot be completed within the specified timeframes, please contact the Province. Funding Sources – List the source(s), and amount from that source, that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Amount ($) Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. NOTE: As per Section B of your Agreement, for most Recipients all federal funding sources (including SCF funding) cannot exceed one-third (33.33%) of the total eligible costs of the project. For all public-private partnerships or for- profit private sector bodies, all federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the total eligible costs. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including, but not limited to, commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. 361 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 36 of 46 F.3 – CLAIMS REPORT 362 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 37 of 46 F.4 – PROGRESS REPORT New Building Canada Fund – Small Communities Fund PROGRESS REPORT This report is due twice a year on May 15 and October 15. Name of Recipient Click here to enter Recipient name. Name of Project Click here to enter Project name. Project Number Enter # Estimated Percent of Project Completion Enter % Events Forecasted Date Actual Date Start Date of Project Click here to enter a date. Click here to enter a date. First Construction Tender Awarded Click here to enter a date. Click here to enter a date. Start Date of Construction Click here to enter a date. Click here to enter a date. End Date of Construction Click here to enter a date. Click here to enter a date. End Date of Project Click here to enter a date. Click here to enter a date. Federal Signage Installed Click here to enter a date. Provincial Signage Installed Click here to enter a date. Description of Activities* Activity Status (On, Ahead, or Behind Schedule; Completed or Not Applicable) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity Design / Engineering Choose an item. Click here to enter text. Click here to enter date. Site Preparation Choose an item. Click here to enter text. Click here to enter date. Construction Choose an item. Click here to enter text. Click here to enter date. Maintenance Holdback Period Choose an item. Click here to enter text. Click here to enter date. OVERALL PROJECT STATUS Choose an item. Click here to enter any general project status information not 363 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 38 of 46 included above. *NOTE: Each phase of the project should be noted in a separate chart. Variance from original approved project (if any) Do you need to adjust your Project Description based on Project progress? If so, explain why and by when? Note: Inserting a project revision into this form does not constitute requesting permission to change the contracted Project Description or to reduce the number of components completed, a request must be sent through to the Program Manager as specified in Section B.1.8 of the Agreement. Click here to enter text. Expenditure Forecast Table The purpose of this table is to show the total Eligible Costs that have been incurred from the Project Approval Date until the time the Project is complete. For the appropriate fiscal year (i.e. April 1, 2015 – March 31, 2016) all Recipients must enter their financial information by quarter when costs are expected to be incurred (rather than billed/invoiced or paid). Specifically, confirm the total cost of the work undertaken or items to be purchased and the associated value within the 3 month period. Please ensure that you are not netting out holdback costs to contractors. Enter the entire value of the work being performed, in the period in which the work was completed, even if you are not paying the holdback portion of the invoice at that time. Quarter Q1 (April – June) Q2 (July – September) Q3 (October – December) Q4 (January – March) Total by Fiscal Year 2016/17 Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2017/18 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2018/19 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2019/20 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2020/21 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Enter dollars. 2021/22 Enter dollars. Enter dollars. Enter dollars. Enter dollars. Total Eligible Costs (Less HST Rebate) Enter dollars. NOTES: 6. Expenditures are only considered eligible after the Project Approval Date. 7. Please complete the expenditure table based on actual and projected expenditures. Costs are to be identified in the quarter that they have been or will be incurred (rather than when they are to be paid). 8. Please only include Net Eligible Expenditures - total Eligible Costs less HST rebate. Enter the total Eligible Costs expected to be incurred up to project completion, rather than reporting requested financial assistance (i.e., senior government's share of costs). 9. Expenditure forecasts should not exceed Total Eligible Costs as identified in Schedule D of the Agreement. 10. If the Project cannot be completed within the specified timeframes, please contact the Province. Funding Sources – List the source(s), and amount from that source, that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Amount ($) Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. Click here to enter funding source. $ Enter dollars. NOTE: As per Section B of your Agreement, for most Recipients all federal funding sources (including SCF funding) cannot exceed one-third (33.33%) of the total eligible costs of the project. For all public-private partnerships or for- profit private sector bodies, all federal funding sources (including SCF funding) cannot exceed one quarter (25%) of the total eligible costs. 364 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 39 of 46 Claims Claims should be submitted regularly (i.e., at least twice a year). The amount of claims submitted on the Project should align with the expenditure forecasts noted above. As noted in Section D.4.1(c) of the Agreement, Recipients must claim invoices prior to the Fiscal Year after the year in which they were incurred (i.e., costs incurred between April 1, 2015 and March 31, 2016 must be claimed by March 31, 2017). Any invoices not claimed by this time are referred to as “stale-dated” and are deemed ineligible. This means in some cases Recipients will need to submit a separate claim for unpaid contractor holdbacks (do not mix with other paid invoices). Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal groups, including dates, where applicable or available. Please include copies of all communication with Aboriginal groups. Click here to enter text. NOTE: If during the course of the construction of your project any archaeological resources are found, other impacts that could affect Aboriginal or treaty rights emerge, or you are contacted by any Aboriginal Community that is expressing concerns about the project and potential impacts on their rights, you must immediately cease construction and notify your project analyst. Attestation: I, Click here to enter name of person who can bind the Recipient., confirm that the Recipient noted above is in compliance with the terms and conditions found in the Agreement for this Project, including but not limited to that commercial general liability insurance of not less than $2 million is in place for the term of the Agreement. Name:__Click here to enter name.________________________ Title:____Click here to enter title.________________________ Date: Click here to enter a date. Please note that you do not need to sign this document, by inserting your name and title in the above area, you are agreeing to the above attestation. This document should be sent in electronically if at all possible and not as a scanned version. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. . 365 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 40 of 46 F.5 – FINAL REPORT New Building Canada Fund – Small Communities Fund FINAL REPORT Project No.: Enter # Project Title: Click here to enter project title. Date: Click here to enter a date. Recipient Name: Click here to enter Recipient name. Final Reports are to be completed and submitted to the Province within sixty (60) Business Days of the completion of the Project or as otherwise specified in the Agreement. Please contact your Project Analyst should you have any questions filling in this report. Section 1. Project Details Dates Forecasted* Actual Construction Start Date Click here to enter a date. Click here to enter a date. Construction End Date Click here to enter a date. Click here to enter a date. * Forecasted date will be the first date submitted on your Project’s Initial Project Report. Was the Project completed as per your application and Schedule “C” of the Agreement or by any amending agreement? ☐ Yes ☐ No If No, please provide details on any variances below Project Variances (if applicable) In reading the description provided in Schedule “C” of the Agreement or in any subsequent amendments, has the Project experienced any variances either in its scope, budget or schedule? Please identify any other information with respect to the Project that may have changed or may have been altered. Ensure that you provide a rationale for any variances from the approved Project Description. 366 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 41 of 46 Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Engineering Design, EA/Permits, Project Management $ Enter dollars. $ Enter dollars. Materials $ Enter dollars. $ Enter dollars. Construction $ Enter dollars. $ Enter dollars. Leasing of Equipment $ Enter dollars. $ Enter dollars. Communication Materials $ Enter dollars. $ Enter dollars. Miscellaneous $ Enter dollars. $ Enter dollars. GROSS ELIGIBLE COST $ Enter total of above. $ Enter total of above. Less HST Rebate $ Insert the applicable HST rebate. $ Insert the applicable HST rebate. TOTAL NET ELIGIBLE COST $ Enter total of Gross less Rebate. $ Enter total of Gross less Rebate. NOTE: If the actual costs are 20% less or greater than the estimated costs for any of the above categories, please attach an explanation of the variance for each. Funding Sources – List the source(s) and amount from that source that represents your portion of the project Source (e.g. debenture, capital reserves, rate increases (taxes or user fees), Federal Gas Tax, Infrastructure Ontario debt/loan, bank loan, other funding programs (insert program name), etc.) Initial Amount** ($) Actual Amount ($) Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. Click here to enter funding source. $ Enter dollars. $ Enter dollars. ** Initial Amounts from your Project’s Initial Project Report. Section 3. Project Benefits and Impact Questions The following questions must be completed with the results of the Project. The questions outlined in sections 3, 4 and 5 will help assess the impact of the Project and client satisfaction with program delivery. Project Benefits and Impacts 1. What was the primary objective of your Project? ☐Address urgent public health and safety issues. 367 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 42 of 46 ☐Maintain public health and safety over the long-term. ☐Address barriers to economic growth. 2. Was this Project (or the need for this Project), identified in one of the following documents? Please check all that apply ☐Asset Management Plan (if you check this box, please see Question 3). ☐Economic Development Plan and/or Strategy. ☐Business or market development plan? ☐Other? Please specify:_____________________________________ 3. FOR MUNICIPAL RECIPIENTS ONLY: As detailed in the asset management plan (AMP), what was the priority of the Project you just completed with this funding? ☐Over due to be completed? ☐Due to be completed this year? ☐Due to be completed in the next year? ☐Due to be completed in the next 2-5 years? ☐Due to be completed in the next 5+ years? ☐Was not detailed in plan, Please specify:_____________________________________ 4. Did you encounter any barriers to completing your project? ☐Yes ☐No If yes, please describe what they were and how you overcame them. 5. Please indicate which of the following benefits have been experienced or are anticipated to occur as a result of the Project. Provide details where possible. At project completion Anticipated (1-2 years out) Details Addressed urgent public health and safety issues. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Highest priority items in AMP addressed earlier than planned. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Improved economic infrastructure that was identified as a barrier to growth. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Business retention and/or expansion and/or economic growth. ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Other? Please specify:_____________________ ☐ Yes ☐ No ☐ Yes ☐ No Click here to enter text. Section 4. Other Benefits / Information Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the province of Ontario. 368 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 43 of 46 Section 5. Client Satisfaction Survey Based on your Project experience with Ontario, please indicate with an “X” in the appropriate box for your response. 1. Please indicate the extent to which you agree or disagree with the following statements. Strongly Agree Agree Neither Agree nor Disagree Disagree Strongly Disagree 1 2 3 4 5 a. Once my Project was approved, I received all the information needed to proceed to the next step of the Project. ☐ ☐ ☐ ☐ ☐ b. The report forms were easy to understand and complete. ☐ ☐ ☐ ☐ ☐ c. I was able to reach appropriate Ontario staff without difficulty. ☐ ☐ ☐ ☐ ☐ d. Ontario staff were knowledgeable. ☐ ☐ ☐ ☐ ☐ e. I received consistent advice from Ontario staff. ☐ ☐ ☐ ☐ ☐ f. Ontario staff was courteous. ☐ ☐ ☐ ☐ ☐ 2. Overall, how satisfied were you with the amount of time it took to get the service that you required? Very satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ ☐ 369 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 44 of 46 3. Overall, how satisfied were you with the service you received while implementing your Project? Very satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Very dissatisfied ☐ ☐ ☐ ☐ ☐ 4. To what extent did the availability of this funding assistance influence your decision to undertake the Project? To a great extent Somewhat Very little Not at all ☐ ☐ ☐ ☐ Section 6. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under the Appendix to Schedule “B” of the Agreement. Please indicate: Declaration required for the Project: Confirmation provided to the Province indicating that there has been no communication from any Aboriginal Groups and that there were no items of cultural significance to Aboriginal Groups discovered with respect to the Project. ☐ Yes ☐ No Declaration required for Project with additional Duty to Consult requirements, as identified by the Province Notice about the Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to express comments and concerns with respect to the following: • the Project; • adverse impacts on hunting, trapping, fishing and plant harvesting; and • any burial grounds or archaeological sites of cultural significance. ☐ Yes ☐ No A copy of this correspondence to identified Aboriginal Groups was provided to the Province. ☐ Yes ☐ No The Province was made aware of any issue(s) identified by any Aboriginal Groups. ☐ Yes ☐ No A copy of any correspondence/information between the recipient and any Aboriginal Groups was forwarded to the Province. ☐ Yes ☐ No 370 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 45 of 46 Section 7. Comments Is there anything else you would like to tell us about your experience related to the Project? Section 8. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to the Province will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement is complete and was completed in accordance with Schedule “C” of the Agreement or any amending Agreement; 2. The Project was completed in accordance with all terms/conditions of the Agreement and all Requirements of Law; 3. No Funding was spent on Ineligible Costs; 4. The Recipient will provide any remaining Funds to the Province within thirty (30) Business Days of receiving Notice from the Province that the Province has approved the Recipient’s Final Report; 5. The Recipient has all supporting invoices and records available for audit if required; and 6. All information provided in this Final Report as well as all previous Reports submitted to the Province is – to the best of my knowledge, belief and understanding, true and correct in all material aspects. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: Click here to enter name. TITLE: Click here to enter title. DATE: Click here to enter a date. Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement. 371 New Building Canada Fund – Small Communities Fund Agreement File Number: SCF-0686 Page 46 of 46 Section 9. Solemn Declaration of Substantial Completion Must be completed by a Registered Engineer or Architect or a Municipal Official. New Building Canada Fund – Small Communities Fund (NBCF-SCF) Nouveau Fonds Chantiers Canada - Fonds des petites collectivités (NFCC-FPC) SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Project Number Enter # Recipient Name Click here to enter Recipient name. In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the above-noted Recipient, on _____________, 2016. I, ___________________ a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified as Project ___________________ in the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work: a. was carried out by ___________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at _____________ (city), in the Province of Ontario this _________ day of ______________, 20__. _____________________________ ____________________________ Name: Witness Name: Title: Title: Note: Any capitalized terms used in this Report will have the same meaning as set out in the Agreement (Signature) 372 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4053 A BY-LAW to authorize the Issuance of Debt. WHEREAS the Municipal Act, 2001 Section 401 (1) provides that subject to this or any other Act, a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures through the County of Oxford and prescribed financial instruments for or in relation to the debt; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has authorized the purposes (individually a "Project") as set out in Schedule "A" attached thereto and desires to issue debt through the County of Oxford for the Projects up to the respective maximum amounts specified in Schedule "A; AND WHEREAS before authorizing the Project and before authorizing any additional cost amounts and any additional debt authorities in respect thereof, the Treasurer of the Corporation of the Town of Tillsonburg updated its most recent annual debt and financial obligation received from the Ministry of Municipal Affairs and Housing in accordance with Ontario Regulation 403/02, and determined that the estimated annual amount payable in respect of the Project and the issuance of additional debentures would not cause the Corporation to exceed the updated limit; AND WHEREAS it is expected that the approved financing through a financial institution or County of Oxford will occur in Q4 2016; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT certain works as set out in Schedule "A" hereto attached are hereby authorized up to a maximum cost of $86,790. 2. THAT Schedule "A" attached hereto is hereby declared to be a part of this By-Law as if written and incorporated herein. 3. THAT there shall be raised in each year in which an installment comes due by a rate on all applicable property in the Town of Tillsonburg a specific amount sufficient to pay the said installment when and as it becomes due, but no greater rate shall be levied in any year for such purposes, than is required to pay the installment. Such amount may be reduced by receipts from other sources in respect to the said works. 4. THIS By-Law shall come into full force and effect on the date of enactment. READ A FIRST AND SECOND TIME THIS 14th DAY OF NOVEMBER, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF NOVEMBER, 2016. _______________________ MAYOR – Stephen Molnar _________________________ TOWN CLERK - Donna Wilson 373 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4053 SCHEDULE A Project Description Maximum Debt to be Issued Lucknow Fire Communications Infrastructure $ 38,842 Hanover Fire Communications Infrastructure $ 47,948 374 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4054 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 14th day of November, 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 November 14, 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 14th DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY of November, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 375