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10032014 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday March 10, 2014 6:00PM Council Chambers Chair: Deputy Mayor Mark Renaud Review Access: e Public 0 Private MINUTES Town of Tillson burg Council Meeting on Monday March 10,201406:00 PM Council Chambers· Chair: Deputy Mayor Mark Renaud Orders of the Day: The meeting was called to order at 6:00p.m. ATTENDANCE Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Chris Rosehart Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty REGRETS: Mayor John Lessif Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Jeff Smith, Fire Chief ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of March 10, 2014, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session, to consider: 031014 Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (TGCC); Matters relating to personal matters about an identifiable individual, including municipal or local board employees (Fire Services). Page 1 "Carried" MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of February 19, 20140 Minutes of the Meeting of February 27, 2014 [;;) Resolution No. 3: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT the Minutes of the Council Meeting of February 19, 2014 and February 27, 2014 be approved. "Carried" DELEGATIONS 1. Kiwanis Club of Tillson burg -Presentation of Funds towards Water Rescue Boat Presented By: Michael Dean, Kiwanis Club of Tillson burg Cheques were presented by the Kiwanis Club to the Town of Tillson burg and Fire Fighters to help cover the costs of the water rescue boat. The Town continues to accept donations to help cover the cost of this project. INFORMATION ITEMS 2. Multi Service Centre Correspondence 18 3. Ministry of Community Safety & Correctional Services Correspondence -Municipal Emergency Management Programs @I 4. Town of Aurora Resolution re: Municipal Recall Election Legislation til 5. Thames Centre Correspondence re: School Closings lj 6. Tillsonburg Curling Club Correspondence [d) 7. People First Community Forum-Friday March 14. 2014 Page2 People First Flyer.pdf 8. AMO Communications February 12, 2014. CJ 9. AMO Breaking News -Joint and Several Liability-Request for Support to Proposed Solution C1 Resolution No. 4: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT the Town of Tillson burg support the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities; AND THAT Tillsonburg supports the third Combined Model as described by AMO's March 4, 2014 policy update; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. "Carried" 10. AMO Communications -Bill 69, The Prompt Payment Act [j Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres THAT the Town of Tillsonburg supports AMO's amendment to Bill 69, The Prompt Payment Act, 2013, to allow municipalities to continue to exert prudent stewardship over public financial resources; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. "Carried" QUARTERLY REPORTS 11. FIN 14-07 2013 Financial Results 0 Presented By: Director of Finance Staff to bring forward a policy to deal with surplus and reserves after the second quarter. Resolution No. 6: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receives report FIN 14-07 2013 Financial results; AND THAT the 2013 surplus be allocated to general reserves and that the allocation be visited later within the year after the second quarter. "Carried" 12. FIN 14-08 2013 Finance Department Results fJl Presented By: Director of Finance Page 3 Resolution No.7: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report FIN 14-08 2013 Finance Department results as information. "Carried" 13. OPS 14-05 Operations Services Fourth Quarter Report Presented By: Kevin Deleebeeck, Manager of Engineering Fourth Quarter 2013 Operations Services Report. pdf Staff to review the parking by-law regarding parking on municipal streets and a report brought to council after the winter season. Staff to bring the petition received to council for review and comment .. Resolution No. 8: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives OPS 14-05-Operations Services 2013 Fourth Quarter Report, as information. "Carried" 14. Report DCS 14-16 Economic Development Fourth Quarter Report [,] Presented By: Cephas Panschow, Development Commissioner Staff to include a line item in the quarterly reports regarding the number of new businesses to Tillson burg and the number of businesses that are lost. Resolution No. 9: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive Report DCS 14-16 Economic Development Fourth Quarter Report as information. "Carried" 15. PRS 14-06-Fourth Quarter 2013 PRS Department Results 0 Presented By: Kelly Batt, Parks & Facilities Manager Staff to add best practices for risk management as well as statistics on programs. Staff to provide further details on the electronic parks and facility inspection tracking software. Resolution No.1 0: Moved By: Councillor Getty Seconded By: Councillor Rosehart Page4 THAT Council receives report PRS 14-06 Fourth Quarter 2013 PRS Department Results as information. "Carried" 16. FRS 14-03, Fourth Quarter 2013 Department Results I) Presented By: Jeff Smith, Fire Chief Resolution No. 11: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives Report FRS 14-03 Fourth Quarter 2013 Fire & Rescue Services results as information. "Carried" DEVELOPMENT & COMMUNICATIONS 17. DCS 14-06 Building and By-Law Services 2013 Annual Report [j Presented By: David Calder, CAO Resolution No. 12: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive Report DCS 14-06; Building and By-Law Services 2013 Annual Report, as information. "Carried" 18. DCS 14-13 Noise Issues -A & W Noise -Sound Barrier and MOE Investigation C1 Presented By: David Calder, CAO Staff to ensure that the report was provided to the property owners and bring the report back at the next Council meeting. FIRE & RESCUE SERVICES 19. FRS 14-04 Fire Communications Division Presented By: Jeff Smith, Fire Chief FRS 14-04 Fire Communications Open.pdf Resolution No. 14: Page 5 Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Council receives FRS 14-04 Fire Communications Division, as information. "Carried" OPERATIONS 20. OPS 14-06 Tender Results for Glendale Drive Area Reconstruction i] Presented By: Kevin Deleebeeck, Manager of Engineering Staff to provide Council further information regarding the width of the road widening for Glendale Dr. Resolution No. 15: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report OPS 14-06 Tender Results for Glendale Drive Area Reconstruction. AND THAT Tender T2014-001 be awarded to Tri-Con Excavating Inc. of London, Ontario at a cost of $1,411,767.76 (HST Included). "Carried" PARKS & RECREATION SERVICES 21. PRS 14-05 Culture Development Fund Project Funding Agreement [;} Presented By: Kelly Batt, Parks & Facilities Manager Resolution No. 16: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report PRS 14-05 Culture Development Fund Project Funding Agreement; AND THAT Council authorizes the Mayor and Clerk to sign the Funding Agreement. "Carried" Councillor Beres took over as chair at 7:55 p.m. NOTICE OF MOTION Moved By: Deputy Mayor Renaud RESOLVED THAT Town Staff be directed to add the following question to the Municipal Election Ballot on October 27, 2014; The question to be asked of the electors, following the guidelines outline in the Ontario Municipal Elections Act, 1996, Chapter 32, Section 8, is as follows: Page 6 "Are you in favour of the Town of Tillson burg maintaining 100% ownership and control of Tillsonburg Hydro Inc." YES OR NO Deputy Mayor Renaud resumed the chair at 7:57 p.m. BY-LAWS 22.By-Laws for the Meeting of March 10, 2014 Resolution No. 17: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3804, To Authorize an Agreement with Her Majesty The Queen In Right Of Ontario for the Grants Ontario Case# 2013-08-1-16303746 Ql; AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014 [3, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 18: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3804, To Authorize Agreement with Her Majesty The Queen In Right Of Ontario for the Grants Ontario Case# 2013-08-1-16303746; AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:06p.m. Approval Received: (0 of 1) Donna Wilson!Tillsonburg (Tuesday March 11, 2014 02:19PM) Town of Tillson burg Page 7 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Town of TiUsombwrg Col!:llllcil Meeting Olil Wednesday Febrruary 19, 2014 02:30 PM Council Clha111loerrs Chair: Ma rrk IRenaw€1 Orders of tile Da~: CALL TO ORDER The meeting was called to order at 2:30 pm. ATTENDANCE Mayor John Lessif arrived at 3:30 pm . Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Staff: Donna Wilson, Town Clerk Regrets: Councillor Marty Klein ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of February 19, 2014, be adopted. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosure of pecuniary interest was declared. DELEGATIONS 1. Tillsonburg Community Strategic Plan. Council Workshop ~ 021914 Page 1 MINUTES: Meeting for the Committee "Open Council" Donna Wilson/Tillsonburg (Thursday February 20, 2014 01:57 PM) Page 3 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Town of lillsombwrg Coi!Jmcil Meeting on l tmrrstday IFebliuary 27, 2014 0~:30 PM Council Clrlambers Clhair: John k.essif Ordefis ot the IDa~: CALL TO ORDER The meeting was called to order at 4:30pm. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Regrets: Darrell Eddington, Director of Finance ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Stephenson THAT the Agenda as prepared for the Council Meeting of February 27, 2014, be adopted. "Carried" EMPLOYEE RECOGNITION AWARDS 022714 The Mayor and Senior Management presented staff with recognition certificates and pins for 5 years to 40 years of service. There were also a couple of special recognition's from employees respective associations. Page 1 MINUTES: Meeting for the Committee "Open Council" 4. Getting There: A study of transportation needs in Tillsonburg-March 6, 2014 [bJ) 5. Town of Arnprior Correspondence-Resolution to Not Support Electricity Rates [!) RESOLUTION: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT the Town of Tillsonburg supports the Town of Arnprior's Resolution No. 059-14, passed on February 10, 2014 with the exception of the final paragraph which speaks to no increases for electricity; AND THAT the Town of Tillsonburg urges the Ontario Energy Board that there be lower increases of electricity rates than the approximate 50% proposed within the next 5 years AND THAT the resolution be sent to Premier Kathleen Wynne and the Ontario Energy Board. "Carried" 6. Lupus Foundation of Ontario ~ 7. 2014 OSUM Conference & Trade Show I1J) PLANNING APPLICATIONS 8. ·Extension to Draft Approved Plan of Subdivision 32T -09004 I1J) Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, Community and Strategic Planning Office appeared before Council to request support for expansion of the draft plan approved 32T-09004 subdivision. The following resolution was passed. Resolution No. 3: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Tillsonburg Council advise Oxford County that the Town supports a 3 year extension to the draft approval of the Town Industrial Plan of Subdivision, (32T-09004), for lands described as Part Lots 1 &2, Concession 5 (Middleton),Town ofTillsonburg, to March 9, 2017. "Carried" CHIEF ADMINISTRATIVE OFFICER 9. CAO 14-04. Disposition Process-Tillsonburg Hydro Inc. Presented By: David Calder ~ -m CAO 14-04 Disposition Process of THI.pdf Schedule A Disposition Process.pdf ~ Schedule B Estimated transition Costs.pdf Page 3 ) MINUTES: Meeting for the Committee "Open Council" Councillor Stephenson X Councillor Beres X Councillor Getty X Councillor Klein X The recorded vote reflects the vote is _7_in favour of the Motion and _O_against the Motion. The motion is "Carried" CLERK 10. CL 14-08 Sewage System Management Agreement IIJ) Presented By: Town Clerk Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report CL 14-08, Sewage System Management Agreement; AND THAT a Bylaw to authorize the Agreement be brought forward for Council consideration. "Carried" DEVELOPMENT & COMMUNICATIONS 11 . Report DCS 14-11 Economic Development 2014 Work Pian 11}) Presented By: Cephas Panschow Resolution No. 6: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Report DCS 14-11 Economic Development 2014 Work Plan for information purposes. "Carried" 12. DCS 14-09 Sign By-Law !g) Presented By: Gena Vanhaelewyn Staff to review the restrictive requirement for "A Frame" signs on commercial properties. Restricting this type of signage to one only, may cause hardships for some commercial businesses. Council also suggested that staff review the fees and the fine structure to ensure they are in line. Resolution No. 7: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receive Report DCS 14-09 Sign By-Law; AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial Page 5 MINUTES: Meeting for the Committee "Open Council" THAT By-Law 3801, To Authorize a Sewage System Management Agreement with the County of ilifu~; ~ . AND THAT By-Law 3802, To Authorize a Service Agreement with Tillson burg District Craft Guild ;~ AND THAT By-Law 3798, To Regulate Signs and other Advertising Devices of a Commercial Nature in the Town of Tillson burg; !g) AND FURTHER THAT By-Law 3800, To Confirm the Proceedings of the Meeting, !g) be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 11: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT By-Law 3801, To Authorize a Sewage System Management Agreement with the County of Oxford AND THAT By-Law 3802, To Authorize a Service Agreement with Tillsonburg District Craft Guild AND FURTHER THAT By-Law 3800, To Confirm the Proceedings of the Meeting, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 9:09p.m. Approval Received: (1 of 1) Donna Wilson!Tillsonburg (Friday February 28, 2014 05:05PM) Town of Tillsonburg Page 7 February 20, 2014 Tlllsonburg & District Multi-Service Centre (MSC) (in the Livingston Centre) 96 Tillson Avenue, Tillson burg, ON N4G 3A 1 Phone: (519) 842-9000 Fax: (519) 842-4727 Email: info@multiservicecentre.com www.multiservicecentre.com Serving the Community since 1978 -Celebrating 35 years in 2013 Corporation of the Town of Tillsonburg John Lessif 200 Broadway, 2nd Floor Tillsonburg Town Centre Tillsonburg, Ontario N4G5A7 Dear John Lessif: On behalf of the Multi-Service Centre {MSC), we would like to extend a sincere thank you for your support. Date 17/09/2013 Amount $5000 Campaign Tracking# 2525 Your contribution will help to support our programs, which include Home Support Services, Literacy & Essential Skills and Employment Services. Our primary focus is to provide much-needed client services. While we do receive regular funding in some of our programming areas, we also actively fundraise to provide enhanced services or to meet unfunded or underfunded service gaps. Fund raising also enables us to meet budget requirements and to plan for future needs. We encourage and appreciate our supporters. We commend your investment in the Multi-Service Centre, in its services, in the communities, and in the clients that we serve. Should you have any comments or questions regarding your contribution, please contact the Multi-Service Centre at (519) 842-9008 Ext 270. Sincerely, ~s ~; 21~~vu-Q Valerie Foerster, Board of Directors Fund raising Coordinator MSC does not sell, rent or trade your information with any other organizations or individuals. If you wish to be removed from Published MSC documents (e.g., Annual Reports) please call 519-842-9008, ext. 270. Please send your email address to: mvandenberohe@multiservicecentre.com if you wish to receive updates and information! Mission A community organization committed to supporting personal independence through: • innovative and responsive resources • Partnerships and collaboration • Striving far excellence Vision Embracing Persona/Independence • Celebrating a Caring Community Ministry of Community Safety and Correctional Services Office of the Fire Marshal and Emergency Management 77 Wellesley Street West . Box222 Toronto ON M7A 1N3 Tel: 418-314-3723 Fax: 416-314-3758 February 18, 2014 Town of Tillsonburg His Worship John Lessif 200 Broadway. 2nd Floor Tillsonburg ON N4G 5A7 Dear Mayor Lessif: Mlnlat8re de ta securltlt communautelre et des Services correctlonnels Bureaudu . commlssaire deS lncendles et de Ia gestlon des sltUatlons d'urgence 77, rue Wellesley Ouest C.P.222 Toronto ON M7 A 1 N3 Tat.: 416-314-3723 Tetec.: 416-314-3758 f'V-- t?ontario The Office of the Fire f\1arshal and Emergency Management (OFMEM) has conducted an annual review of your municipal emergency management program and its elements. Municipalities are required, in_~ccoi'dance with the Emergency Management and Civil Protection Act (EMCPA) to provide the folloWing: Municipal emergency management programs 2.1 (1 > ·Every municipality shall develop and implement an emergency management program and the council of the municipality shall by by~law adopt the emergency management program. 2002, c. 14, s. 4. · Same .{2)_ The emergency management program shall consist of, (a) an emergency plan as required by section 3; · (b) training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities; · . (c) public education on risks to public safety and on public preparedness for emergencies; and (d) any other element required by the standards for emergency management" programs set under section 14. 2002, c. 14, s. 4. Based on our review of your emergency management program and its elements, your municipality has complied with all of the following requirements c_:>f the EMCPA: Community Emergency Management Coordinator (CEMC) appointed O.Re .380/04,s.10 1 February 21, 2014 Randy Hillier, MPP Lanark-Frontenac-Lennox & Addington 4 Market Square Napanee, ON K7R 1J3 Dear Mr. Hillier: Warren Mar Director Legal and Legislative Servicesrrown Solicitor 905-727-3123 ext. 4758 wmar@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 C03-C14-06 Re: Introduction of Municipal Recall Election Legislation Please be advised that this matter was considered by Council at its meeting held on February 11, 2014 and in this regard Council adopted the following resolution: WHEREAS there are few means to remove an elected official from ·office other than through the election process; and WHEREAS the time between municipal election periods has grown to four years; and WHEREAS significant damage can be caused in a four-year period should an elected official act to the detriment of the municipality; and WHEREAS it is not the most effective use of time for municipal representatives to police one another through Codes of Conduct and Integrity Commissioners; and WHEREAS the penalties that can be imposed through Codes of Conduct are relatively minor; and WHEREAS there is a problem with Codes of Conduct and Integrity Commissioners being used for political purposes; and WHEREAS Codes of Conduct have proven ineffective in curtailing detrimental behaviour; and WHEREAS establishing Codes of Conduct and employing Integrity Commissioners can be an expensive endeavour; and ·~~ Cowmunity • • ··•.-·····-~ •• ••-••~•·•: -~-c--···•···-·.-.-.• ,., ... , .• , . .-.. • ' •' '' ' .. '' '• ••,••··-.•.•··-·'"-'·"'·" •,•• '•"' ·•.•.•• •.• .• , ... ,_ •.. , ~-• ·•,•·• •.• ·• • • • • -' •• • •. •.• • . •• ·'··.' ··: .• '•:··•·,····.-, .•. ,. •··-·.·v ,,,_.,_.,,.,..,.,,,,,,, ..•.• --••••• ... •• ···.·•·.·· -··.-·~-·-•·--·-··•• ..........,__,. ____ ~--- Corporation of the Municipality of Tham~s C~ntre 4305 Hamilton Road, Dorchester, Ontario NOL 1G3-Phone 519·268·7334-Fax 519-268-3928-www.thamescenlre.on.ca -lnqulrles@thamescentre.on.ca February 19, 2014 By Email: JimVerwer@huroniawelding.com Jim Verwer Councillor Ward 3 Township of Zorra RE: SCHOOL CLOSINGS Dear Councillor Verwer and Mr. Ryan, By Email: marcusryan27@gmail.com Marcus Ryan SAVE A.J. Baker Committee At its last regular meeting held on February 13, 2014, the Council reviewed your request for support of the resolution enacted by the Township of Zorra regarding school closings iri Zorra Township. · As you are aware, the Members of Council expressed concerns regarding school closings as well and enacted the following resolution: "RESOLVED THAT all school closings in any municipality be stopped, and that any School Board commit to providing education based on the premise that: Fair is not that everyone gets the same, fair is that everyone gets what they need; AND THAT a process be established whereby educational benefits must be proven to tfle students and broader social costs are considered and quantified before decisions are made to close schools; AND THAT this resolution be forwarded to the Thames Valley District School Board Chair and Trustees, the Minister of Education, the Premier, the Rural Ontario Municipal Association, Ontario Ministry of Agriculture, Food and Rural Affairs, MJ'.P. Ernie Hardeman, M.P.P. Jeff Yurek, and Oxford County member municipalities for their endorsement." On behalf of the Members of Council, I wish you every success with your endeavor to get a better process in place before decisions are made to close schools. Town ofTillsonburg Tillsonburg, On February 28, 2014. 5~onlwu;J ewJing ew. [/JCJQ; 72 5ilban8wuJ-, ~IIJ4tdo, .N4(J.4at3 Mr. Mayor, Members of Council. On behalf of the Tillsonburg Curling Club I would like to thank you for your continued sponsorship of the Tobacco Belt Bonspiel. This is a premiere curling event in our club and was a great success once again this year, thanks especially to our generous sponsors. We are very grateful for your continued support of this event and hope that we can look forward to your sponsorship again next year. Sincerely, Wm. Young Convenor Facilitated by: 1w_ANr TO JOIN IN Jack Pearpoint and Lynda Kahn Jack and Lynda together share a passion for life, as husband and wife, and as partners in their work as creators of books and learning materials that assist people experiencing disability to live full lives. They share a wealth of knowledge and skill developed through experience as executive leaders in government and non-profit organizations, as educators, and as facilitators of processes of collaborative change. ;:::::::::::::;::=.~ Their work as consultants, educators, and facilitators takes them all over the world. Strategic planning, visioning and leadership development are among the array of resources offered to people who are committed to co-creating the futures we want. and building a just world where communities welcome the gifts of all. Please visit www.tncluslon.com to learn more. ) -.. ~. People First Please Join Us in this Important Discussion and Let's Create a More Welcoming Community March 14, 2014 10 am Tillsonburg Community Centre -Lion's Den Tillsonburg, ON To Register Contact Della @519-842-7816 'e ; of Ontario Ministry of Community Safety and Correctional Services Office of the Fire Marshal and Emergency Management Place Nouveau Building - 7th Roar 5775 Yonge Street North York ON M2M 4J1 Telephone 416-32~100 Facsimile: 416-325-3119 February 12, 2014 Dear Mayor iri Council: Minlstere de Ia 86curlt8 communautalre et des Services correctl0nna18 ·· · Bureau du commlssaire des lncendies et de·la gesHori des sttuatJOilS d'urgence . ~dlfice Place Nouveau 7" ~e. 5775 rue Yonge . North York ON M2M 4J1 Telephone: 416 325-3100 Telecopleur: 416 325-3119 '.· .. As of January 1, 2014, Ontario became the first province to require the retrofit of automatic sprinklers in all vulnerable occupancies, Which include care Occupancies (e.g. group homes and supportive housing where residents need care for cognitiVe or 'physical disabilities and require assistance to evacuate), care and treatment ·o'ccupancles (e:g.' long:.:tetm care homes-formerly known as nursi,ng homes, municipal homes for the aged and charitable homes) and licensed retirement homes '(Lei homes for seniors\vh6 may require assis'tance with daily living). I would like to clarify what this means for municipalities like yours. , · ::: '. Mandatory sprinklers are but one part of a comprehensive set of changes to the province's fire safety regulations. There are a number of other fire safety changes that are required, by law, in care occupancies, care and treatment ocoopaiicies and·llcensed'retirerrient homes. These changes and the timelines for their c6mpletion are ·listed bel~w: Beginning January 1, 2014, the changes will be phased in as follows: In Care Occupancies and licensed Retirement Home&: (within scoj)e of Section 9~7 of Division B of the Fire Code) · • Two months to in.stall·smoke alarms ·in individual sleeping rooms(New • Deadline Is March 1; 2014); ' · · · • One year to install fire alarm monitoring and emergency lighting (New & Deadline is January 1; 2016); ·· · ·· · · · · • Two years to install self-closers and voice communication systems (New & Deadline Is January 1, 2016); .· . · · · • Five years to install automatic sprinklers (New & Deadline is January 1; 2019). Refer to Section 9:7for details, design 9P.tions and exemptions .. . . In Care and Treatment Oceupancies (within sc:Ope' of Section 9.4 of Division B of the Fire Code, excluding hospitals) · · • Eleven years to Install sprinklers~ to coincide with the existing Long-Term Care Home Renewal Strategy for redevelopment (NeW.& Deadline is Ja.nuary 1, 2026). 1 3~ Training wlthMunlclpal Fire Departments Beginning in February,·OFMEM Field Services staff will be attending some municipalitiesto speak about the new requirements with the local fire serviCe$. In exchange; the local fire service has made arrangements for OFMEM staff to visit care occupancies and care and treatment occupancies in the municipality with the local-fire-service to conduct inspections, witness fire drills and review the occupancy's fire safety plan among other Items. Field staff will be able to use this hands-on experience to support advice-al'ld:assistancethey provide to other municipalities. Why are there two d~erent phase-in times for sprinklers? I want to clarify this. Most private and government funded group homes and supportive housing captured under the new rules will have up to five years to install sprinklers~ Licensed long-term care homes, such as nursing homes, will have an 11-year phase-in period to be completed by 2025. This difference in phase-in periods is because older long-term ~re homes.are part of a long- term redevelopment plan to bring the buildings up.to more current standards. I must emphasize that these long-term care homes are already subject to a stricter set of fire safew requirements than those required in care occupancies and licensed retirem~!'l~. homes, -lo addition to the minimum staffing requirements to carry out evacuations in a fire emergency, physical barriers to fire (such as walls with a certain fire endurance), fire alarms, fire-e>,eits·and emergency,li_ghting, - these long-term care homes are also required, t~ have_al'lhanc~d fire alarm monitoring and- detection, and zone separations (pre-determined-areas Where residents .are assiSted to _as part of a phased evacuation). The requirement for sprinklers builds on these existing strict requirements. The mandatory sprinkler retrofit requirements have been included as part of a redevelopment plan for these long-term care homes. If not, construction costs could .be duplicated by installing sprinklers in homes already scheduled to be redeveloped. The new regulation allows five years in some cases, and 11 years in others, to meet the new sprinkler requirements, however, it does not necessarily mean that it will take that long to get all of these homes sprinklered. In fact, I am informed that at least 70 per cent of long-term care homes, and 60 per cent of retirement homes, are already sprinklered, and that others plan to proactively sprinkler well' ahead of the compliance deadlines. Committed to Working Together This new strategy will help reduce impacts of fire on occupants and property through a multi- pronged approach of enhanced inspections, enhanced training and fire safety retrofits. It will also help the fire service be better able to pre-plan so that they will be better prepared to respond to a fire in one of these occupancies. Their role is a crucial part of this integrated strategy. It remains the responsibility of facility owners and operators in all municipalities to ensure their buildings are In full compliance with the changes to Ontario's fire safety regulations. As listed above, mandatory sprinklers are but one part of these regulations. My Office will continue to support municipalities, local fire services, facility owners and operators by providing advice and assistance, hands-on training and ongoing communication about upcoming deadlines to ensure all care occupancies, care and treatment occupancies and licensed retirement homes are in compliance with the new rules. To learn more about the work 3 j I i I I t l ! From: AMO Communications [ communicate@amo.on.ca] Sent: 03/04/2014 11:01 PM GMT To: John Lessif Subject: AMO Breaking News -Joint and Several Liability TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL March 4, 2014 Legislature Supports Motion on Municipal Liability Reform -More Municipal Action Needed On February 27, 2014, MPPs from all parties supported a motion calling on the government to reform joint and several liability. Passage ofthis resolution marks a significant milestone in the municipal campaign for reform. Now that the issue has captured the attention of the Legislature, it is time for your municipality to consider the endorsement of a more detailed legislative solution. Nearly 200 municipalities supported the motion introduced by Randy Pettapiece, MPP for Perth-Wellington which called on the government to implement a comprehensive, long-term solution no later than June 2014. Many more also wrote to the Attorney General, the Honourable John Gerretsen in response to AMO's February 7, 2014 call for support. Currently, the Ministry of the Attorney General is consulting municipalities and the legal community on a comprehensive long-term solution. The Ministry describes three options below: The Saskatchewan model: This modification to joint and several liability was adopted in Saskatchewan in 2004. Under the Saskatchewan model, where there is a shortfall due to one defendant being insolvent and the plaintiffs own negligence contributed to the harm, the shortfall is to be divided among the remaining defendants and the plaintiff in proportion to their fault. This model would apply to all types of defendants in all types of negligence claims. The Multiplier model: In road authority cases (auto accident cases in which a municipality is sued for breach of duty to maintain a public road), where there is a shortfall due to one defendant being insolvent, the municipality would never be liable for more than two times its proportion of damages, even if this means that a plaintiff does not fully recover. Because this rule has the potential to result in a seriously injured plaintiff being unable to fully recover, the proposal would be limited to municipalities and to the specific subset of cases that municipalities tell us impose the most significant and unfair burden -road authority cases. I write to you in support of this third Combined Model as described by AMO's March 4, 2014 policy update. We support AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. For this reason, [I or we] support the adoption ofthe Combined Model under consideration. We strongly encourage the government to immediately proceed with legislation which gives effect to this model. Sincerely, Name cc: AMO AMO Contact: Matthew Wilson, Senior Advisor, 416-971-9856 Ext. 323 or mwilson@amo.on.ca. TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL February 24, 2014 Prompt Payment Act, 2013-Immediate Municipal Action Required Bill69, The Prompt Payment Act, 2013 has been referred to the Standing Committee on Regulations and Private Bills of the Ontario Legislature. Municipalities are urged to write to the members of the Standing Committee, the party leaders and their local MPPs. Following is a sample letter municipalities can use to voice their concerns. The Prompt Payment Act, a Private Members Bill proposed by Liberal MPP Steven Del Duca will set strong limits on municipalities' freedom of contract for construction and infrastructure projects if it is passed without amendment. To ensure contractors and sub-contractors are paid quickly when they undertake work, the Act would: • Amend all construction contracts to conform -no ability to negotiate payment terms; • Eliminate any hold-back (including warranty and maintenance) beyond that allowed under the Construction Liens Act and allow one day to release that hold back; • Not permit payments tied to contract or construction milestones; • Require progress payments every 31 days or less; • Deem payment applications as accepted within 10 days unless the payer provides written notice and full particulars; • Payment applications can be based on services performed or materials delivered -or services and materials to be supplied; • Allow suspension or termination of a contract if progress payments are not paid on time; and • Allow contractors to request financial information regarding the construction owners' viability to undertake a project without limit. Bill 69 provides for extremely short payment timelines that will not allow for appropriate review ofwork and certification of the payments process. The Bill could result in costly work stoppages and restarts and potential litigation to settle disputes. AMO is requesting that Bill 69, The Prompt Payment Act, 2013 be amended to allow municipalities to continue to exert prudent stewardship over public financial resources by: • reflecting more realistic timelines for payments in infrastructure projects; • allowing time for due diligence before accepting work and certifying payments; and • allow payments to continue to be tied to project milestones; AMO Contact: Craig Reid, Senior Advisor, E-mail creid@amo.on.ca, 416.971.9856 ext. 334. Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2013 FINANCIAL RESULTS FIN 14-07 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 10, 2014 Date: Attachments: Q4 ACTUAL VARIANCES RECOMMENDATION THAT Council receives report FIN 14-07 2013 Financial results. AND THAT the 2013 surplus be allocated to General Reserves and equally split amongst the following reserve categories: Tax Stabilization; Future Capital Projects; Winter Maintenance; and Debt Reduction. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to December 31, 2013 Town wide actual financial results. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the significant variances between 2013 actual results as at February 14, 2014 and the 2013 annual budget. The overall Town wide consolidated surplus as at December 31, 2013 is $391,365, subject to verification by the Town's auditor. Through the 2014 budget process, Council and Staff discussed the need for reserves for certain matters. Staff is therefore recommending that this year's surplus be equally split amongst four general reserve categories, Tax Stabilization, Future Capital Projects, Winter Maintenance and Debt reduction, so as to set aside general reserves for these topical matters. Questions or comments relative to departmental 2013 revenues and expenditures should be referred to the other members of Senior Management for commentary. 2013-Quarter 4 2013 Operating & capital Status Report r---Budget Actual Variance Sur Ius Deficit I I I YTD Budget 1 YTD Budget YTD Budget YTD Actual YTD Actual YTD Actual Rev~ue I Exoend~ures I Net:vv I Revenue Exoendltures Net levv Revenue Exoendltures Net levv ExDianatlons Council lo zo,ooo 1 $ 227,897 1 $ 207,897 $ 3,459 1 $ 19s,3ss 1 $ 194,896 $ 16,541 1 $ (29,542)1 $ (13,001)1Net labour under $6,800; Training under $6,500; Advertising over $5,100, (budget was $900); All other net expenses under $6,100; Capital Project-Sound System over Customer Service lo zn,4o9 1 $ ---zss~-33z 1 $ (7,077}! I• zs7,s84 1 $ 236,929 1 $ (30,955)[ I$ 4,szs 1 $ fi8~3)f $ (23,878) Net labour under $4,700; Equipment Rental under $8,000 and Supplies under $24,000- allocation to THI & Water dept.; Net Building Exp over $10,200 -Boiler, OH door, Roof; Licence revenue under $4,300 Protection I$ 72,297 I"$ 259,3u 1 $ 187,0141 I$ 79,o23 I$ 246,o84 I $ 161,o61 I I$ (6,726>1 $ (13,227H $ (19,953)INet revenue over budget $6,700-mainly due to licensing; Advertising Exp over $1,500; Subcontractor Exp under $15,400-Animal Development & Communication Services I• 1, 7o3, 349 1 $ 2,o1s,921 1 $ 312,578 (22,095) Net labour under budget $24,800-vacant Director position; Net "Discover Tlllsonburg" Is under budget $10,400; Net Revenue Economic Development I$ 450,312 l $ 674,75o 1 $ 224,4381 I• 59,1781 $ 283,6161 $ 224,4381 I• 391,1341 $ (391,134)1 $ ~~~~~e~e~~;~ssoV~r9ft8oo; Net labour over $2,300; Contribution to Reserves $13,750- SOMA savings; Advertising exp Is under $6,400; Meeting Expenses over $4,100; Grants over $4,000; Total Memberships Expense under $18,400-SOMA, $20,000; Subcontractor Exp over $4,800 Finance I$ 977,289 1 $ 2,651,396 I $ -1,674,107 1 I• 1,045,872 1 $ 2,550,7191 $ 1,504,8471 I• (68,583)1 $ (100,677)1 $ (169,260)1Net labour under budget $119,500-Vacant IT Manager and savings from combined Tax Revenue and CSC Manager; Net Computer Costs over $3,600; Net Building Maintenance Under $5,600; Net Interest Revenue over $73,900-no use of line of credit; Mise Revenue over $93,600-Project Surplus; Mise Exp over $71,100-Mill Pound allowance; Grant revenue under $12,000- reduction to OMPF; Legal costs over $33,000 Taxation I I I$ (12,413,8775f 1 I• (12,733,933) $ (320,056) $82,600 over In Supplementary revenue; $262,000 under In adjustments; $10,000 under In PILS; $44,000 under In Penalties & Pollee Fire {29,130) Net capital projects under $15,600; Net labour under $34,400 -Vacant Deputy Fire Chief; Net revenue over $20,000- Suppression, Dispatch, Public Education; Special Events over $21,800-Fire fighters contract settlement; Equipment Supplies & Repairs over $23,900-Suppression related costs; HLW under $5,700 Airport I! 394,677 1 $ 499,956 1 $ 105,2791 I! 415,793 1 $ 559,544 1 $ 143,751 1 I! (21,116)1 $ 59,5881 $ 38,472 I Net Revenue over budget $2,400; Net fuel revenue over $1,000; Net Building Maintenance over budget $5,300; Net labour over $6,600-OT and Benefits; Consutlng costs over $15,200-Master Plan, Apron expansion engineering/design costs; Subcontractor Exp over $16,800-Soil survey, tree removal costs, crack ;""'" Cemetery I• 176,9031 $ 256,418 1 $ 79,5151 I• 126,853 1 $ 251,3391 $ 124,486 1 I$ 5o,o5o 1 $ (5,079)1 $ 44,971 Net labour over $6,200, Full time OT and Part time; Shortfall in operating revenue of $30,000-Funding of Prepaid Trust; Supplies over $7,000; Capital projects over $6,400- Columbarlum; All other net expenses under ~i"b"rary -Town Net Building Costs T 1• 8,364T$ 8,364TT$ 6,9841$ 8,7381 $ 1,754-rr$ (6,984~$ ~---(6,610) Unexpected revenue relating to: Book sales, I Museum I' 90,377 I $ 266,3751 $ 175,998 1 I , 86,375 I $ 271,771 I $ 185,3961 I, 4,0021 $ 5,3961 $ 9,398 Subcontractor Exp over $14,100-Cleaning costs; Insurance Claim $5,100; HWL over $1,300; Net labour under $4,900-mainly Part time; Net Revenue under $4,000; Advertising under $4,600; All other net H:\Finance\Financial Plans\2013\2013 Quarterly Analysls\2013 Actual variances· Q4 04/03/2014 \..._ 2013-Quarter 4 tal Status· Report Revenue Variance (Surplus)/Deficit YTD Buaget YTD Actual I Revenue Revenue Variance Council $ 20,000 $ 3,459 $ 16,541 Customer Service 272,409 267 884 4,525 Protection -General: Licenses & M isc 2,298 1,295 1,003 Protection -Parking Enforcement 23,499 24,373 (874) Protection -Animal Control 46,500 53,355 (6,855) Protection -Capital ---' Protection 72,297 79,023 (6,726 Development & CS -Mise 35,637 30,510 5,127 Development & CS -Permits -7,590 (7,590 Development & CS -Certificates -1,600 (1,600 Development & CS -Urban Renewal 161,601 161,601 - Development & CS -Land Sales -488,361 (488,361) Development & CS -Contr. From Reserves 50,001 16,824 33,177 Development & CS -Capital 1,456,110 1,460,778 (4,668 Development & Communication Services 1,703,349 2,167,264 (463,915 Economic Development 450,312 59 178 391,134 Finance-Grants 664,758 652,787 11,971 Finance-Interest 12,000 85,967 (73,967 Finance-Certificate 15,996 15,400 596 Finance-Other 284,535 291,719 (7, 184) Finance 977,289 1,045,872 (68,583 Police -Rent 265,176 265,179 (3) Police -Grants 130,002 130,918 (916) Police-Mise 23,604 24,770 (1,166) Police -All Other 16,854 16,855 (1 Police .435,636 437,722 (2,086 Fire-Mise 2,000 7,054 (5,054) Fire -Suppression 21,000 27,547 (6,547) Fire -Prevention 4,002 3,260 742 Fire -Communication -Program Rev 210,000 219,160 (9,160) Fire 237 003 257,022 (20,019 Airport 394,677 415,793 (21,116 Cemetery 176,903 126,853 50,050 Library -6,984 (6,984)1 Museum 90,377 86,375 4,002 1 Parks-Grants --- Parks-Mise 4,500 3,075 1,425 Parks-Capital 109,249 9,778 99,471 Programs-Arena 506,655 481,684 24,971 Programs-Aquatics 280,011 264,949 15,062 Programs-Water park 145,500 118,606 26,894 Proqrams-Health club 162,498 134,358 28,140 H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-Q4 04/03/2014 \._' 2013-Quarter 4 tal Status Report Expenditures Surplus)/Deficit YTD Budget Y 1 LJ Actual Expenditures Expenditures Variance Council $ 227,897 $ 198,355 $ (29 542) Customer Service $ 265,332 $ 236,929 (28,403) Protection -Labour 203,505 205,161 1,656 Protection -Subcon Exp 37,000 21,827 (15,173) Protection -Adv&Promo 1,200 2,668 1,468 Protection -Training 2,700 3,083 383 Protection -Capital --- Protection -All Other 14,906 13,345 (1,561) Protection 259,311 246 084 (13,227) Development & CS -Labour 277,902 253,162 (24,740) Development & CS -Consult/Legal/ Aud it 50,000 16,824 (33,176) Development & CS -Land Sales -488,361 488,361 Development & CS -Capital 1,456,108 1,460,778 4,670 Development & CS -All Other 231,917 238,622 6,705 Development & Communication Services 2,015,927 2,457,747 441,820 Economic Development 674,750 283,616 (391,134) Finance -Labour 1,168,621 1,049,070 (119,551) Finance -Special Projects 68,500 87,131 18,631 Finance -Consult/Legal/ Audit 131,100 165,839 34,739 Finance -Interest/Finance Charges 28,000 19,441 (8,559) Finance -Subcon Exp 174,990 170,398 (4,592) Finance -All Other 1,080,185 1,058,840 (21,345) Finance 2,651,396 2,550,719 (100,677) Police -Service Board : Training 4,101 5,922 1,821 Police -Service Board: All Other 3,846 2,277 (1,569) Police -Labour 86,202 96,658 10,456 Police -Subcon Exp 3,325,140 3,048,373 (276,767) Police -Net Building Maint. 192,195 200,265 8,070 Police -All Other 39,402 319,679 280,277 Police 3,650,886 3,673,174 22,288 Fire -Labour 838,194 803,813 (34,381) Fire -Special Events 1,750 23,550 21,800 Fire -Training 14,475 11,104 (3,371) Fire -Suppl ies 27,700 19,800 (7,900) Fire -Eq uipment S&R 13,950 37,850 23,900 Fire -Equipment Maint. Contract 33,075 28,470 (4,605) Fire -Capital 56,568 40,945 (15,623) Fire -All Other 205,918 216,987 11,069 Fire 1,191,630 1,182,519 (9,111) Airport 499 956 559 544 59 588 Cemetery 256,418 251,339 (5,079) Library 8,364 8,738 374 Museum 266,375 271 771 5 396 H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-Q4 04/03/2014 $100,000 2013 Q4 Estimated YE Net Levy Variances $50,000 -·;:; ~ c S· 0 -;;; ::> e. ::> VI :;;; $(50,000) +---------------1 $(100,000) t---------------1 $(150,000) +---------------1 $(200,000) $(250,000) ·1---- $(300,000) +---------------1 $(320,056) $(350,000) "-------- H:\Finance\Financial P/ans\2013\2013 Quarterly Analysis\2013 Actual variances-Q4 04/03/2014 $79,502 $4,260 $5•729 $2,057 $(20,581) Estimated YE Net Surplus ($391,365) $64,048 •Customer Service • Development & Communintlon Services • Economic Development •Police •Airport •Cemf!tery •Ubrary-TownNetSulldlng """ •Roads •Parlc.lng •Building • Operations Admin •Engineering •Enterprise Services Title: Report No.: Author: Meeting Type: •.. ~d · :...A;;:..tiJJI~ .... ··u~ ~~. . ,;pit:~: STAFF REPORT FINANCE 2013 FINANCE DEPARTMENT RESULTS FIN 14-08 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 10, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14-08 2013 Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to December 31, 2013 Finance Department financial results. SUMMARY OF OPERATIONAL RESULTS 2013 Business Objectives Obiective Taraet Date Status Centralize A/R Q2 2013 Complete Investment Policy Q2 2013 Complete Audit RFP Q3 2013 Revised to Q2 2014 Development Charges By-Law Q2 2013 to 2014 County meetings began Q2; to Update be adopted in Q3 2014 ACR/Knowledgebase Maintained Q4 2013 Ongoing Customer Satisfaction Surveys Q1-Q4 2013 Ongoing Improve/ Automate CSC Q4 2013 Ongoing Processes Northstar CIS Upgrade Q3 2013 2015 Grid Implementation Q1-Q4 2013 Complete The most significant variance for the Finance department is with taxation adjustments. The 2013 budget was set based on the mall and DDM reassessments. However, subsequent to adoption of the budget, these costs were attributed to the 2012 financial year end. The actual 2013 tax adjustments were $148,648 and the 2014 budget for tax adjustments was set at $286,000, while the five year average for tax adjustments is $362,000. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature DARRELL EDDINTON Darrell Eddington Darrell Eddington DATE: 03/04/14 DATE: 03/04/14 DATE: 03/04/14 Title: Report No.: Author: Meeting Type: STAFF REPORT DEPARTMENT Operations Services 2013-Fourth Quarter Report OPS 14-05 S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee MARCH lOTH, 2013 Date: Attachments: NONE RECOMMENDATION THAT Council receives OPS14-05 -Operations Services 2013 Fourth Quarter Report. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to December 31, 2013 Operations Services financial results. SUMMARY OF OPERATIONAL RESULTS 2013 Business Objectives Obiective Taraet Date Status Complete Cost of Service Q2 Complete Electricity Rates Trottier 1 -Phase 1 Thistle Q4 Complete to base asphalt. Court, Golden Rod Dr. to Cui-de- Sac Wabash Road Paving Q3 Complete Brock Street, Maple Lane to Q3 Complete Tillson Avenue -Top-lift Asphalt Annual Paving and Concrete Q3 Complete Repairs GIS Solutions Q4 On-going 2014 Electrical Voltage Conversion Q4 On-going Ice Resurfacer Replacement Q3 Complete F:\Lund\My Documents\Word\Memos\Quarterly Reports\Fourth Quarter 2013 Operations Services RJ h CAO I Fleet APPROVALS Director Name/Signature Finance Name/Signature 64,048 31,842 S.T.Lund, P.Eng., PWLF, Director of DATE: 4 Mar.2014 Operation D. Eddington, Director of Finance DATE: 4 Mar.2014 F:\Lund\My Documents\Word\Memos\Quarterly Reports\Fourth Quarter 2013 Operations Services RJ b CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: ECONOMIC DEVELOPMENT FOURTH QUARTER REPORT DCS 14-16 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council Date: MARCH 10, 2014 Attachments: RECOMMENDATION: "THAT Council receive Report DCS 14-16 Economic Development Fourth Quarter Report for information purposes." EXECUTIVE SUMMARY Economic Development Activity 2011 2012 2013 Lead Files Opened 82 88 69 Lead Files Closed 46 74 70 Corporate Visits 12 14 22 Client Visits N/A N/A 19 New Businesses 2 10 13 Opened Website Activity N/A 1,170 3,297 (Main Business Page) Website Activity N/A 2,087 5,931 (Business Directory) 2013 was a year of transition for investment attraction activities as reliance upon external agencies for lead generation was reduced and increased effort was placed on Tillsonburg specific lead generation and cold-calling. This transition is reflected in a reduced amount of leads in 2013 although this number is right at the 8 year average for lead generation (69). Airport Activity 2011 2012 2013 Lead Files Opened N/A N/A 11 (Hangar Inquiries) Fuel Sales (Litres) 118,455 161,417 143,956 Fuel Sales Profit N/A $38,045 $37,390 Movements 11,967 11,217 12,658 Although fuel sales were down from the record achieved in 2012, 2013 was the second highest level of fuel sales on record and if one removes airshow volumes from the 2012 figures, 2013 was actually a record year for fuel sales. More importantly, fuel profit margin increased by 1% in 2013. Aircraft movements, both local and from other airports, reached 12,658 in 2013 and this is the second highest level of activity at the airport since 2002. Marketing & Communications The launch of the Discover Tillsonburg initiative in 2013 was key to the Town's Residential Marketing goals. This initiative was successful in partnering with three of the Town's builders with another two committed for 2014 involvement. A branding and marketing program has been developed and builders are already seeing increased traffic and sales due to this initiative. Attracting more residents is strategic for a number of reasons and will contribute to increased population growth, economic vitality and increased workforce for our local companies. Some of the key metrics for the Discover Tillson burg initiative are summarized below. 2013 Website Activity (Visits) 12,507 Google Ad Words Click Through 4,823 A full report will be brought forward in the near future. Page 3 I 5 CAO FINANCIAL IMPACT /FUNDING SOURCE The Economic Development Office variances for 2013, including Airport, Tourism and Discover Tillsonburg, are as follows: Department Economic Development Airport Discover Tillson burg (Development & Communications Budget) APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Variance 0 38,472 ($10,400) CEPHAS PANSCHOW DAVID CALDER (ACTING) DARRELL EDDINGTON Page 5 I 5 Explanation Remaining amount from SOMA membership fees contributed to reserves Higher revenues offset by higher heating/cooling costs, labour, Consulting and subcontracting costs. Also, 15,400 in tree harvesting revenue identified as tentative for 2013 deferred until 2014. Partnership revenue of $20,000 offset increased expenditures Date: MARCH 5, 2014 Date: MARCH 5, 2014 Date: MARCH 5, 2014 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT FOURTH QUARTER 2013 PRS DEPARTMENT RESULTS PRS 14-06 Rick Cox COUNCIL MEETING Council/Committee MARCH 10, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report PRS 14-06 Fourth Quarter 2013 PRS Department Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to December 31, 2013 PRS Department operational and financial results. SUMMARY OF OPERATIONAL RESULTS 20 3 B Ob' 1 usiness nectives Objective Target Date Status Strategic Master Plan implementation: Marketing Strategy ( 1-14) ( def. from In progress 2012) Long Term Staffing Review (2-4) Complete Non-resident user strategy (3-1, 3-2) Deferred to 2014 Internal performance measures (1-7) Q1-Q4 Deferred to 2014 Best practices implementation (1-3, 1-4) In progress TCC concept design process (3-7, 6-15) Deferred to 2014 Memorial Park concept design process (6-Deferred to 2014 15) Ball Diamond relocation study (3-18 3-19) Complete As part of the Marketing Strategy , create Tourism packages to be distributed to our User Groups (2-16) and use social media (1-Q1-Q2 Complete 17). To be developed in partnership with the Development and Communication Services Department. Assist Lake Lisgar Revitalization Committee with implementation of Phase 3 & 4 (2-5, 2-Q2-Q3 In progress 1~ 6-14) 114 PRS 14-06-2013 PRS Fourth Quarter Report.docx CAO Update Health Club equipment to be more Q1 Complete competitive in busy marketplace (3-10) Grow advertising sales for Recreation & Q1, Q3 Complete Leisure Guide & Rink Boards (3-1) Develop Volunteer Database (2-2) and begin development of policies and procedures to Q1-Q4 In progress incorporate into a Volunteer Management Strategy (2-1) Expand existing retail operations at the TCC and Museum to include Tillsonburg and Q1-Q4 In progress Annandale merchandise., and specialty items (1-101 Implement summer beach volleyball league Q2 -Q3 Complete -no participation (5-1 5-5) Kev Indicators 2013 2012 Ofo CHANGE Museum: attendance 10,450 10,356 +1% Programs: Rink bookings (ice) 4 964 hrs 5 209 hrs -5% Programs: Rink bookings (floor) 281 217 +29% Programs: Health Club attendance 21 178 21,972 -4% Programs: Memberships 750 548 +37% Programs: Aquatic registrations 2,879 2,728 +6% Programs: Adult registrations 302 440 -31% Programs: Youth registrations 1857 (85%) 2061 (87%) -10% Programs: Waterpark attendance 24 498 28 877 -15% Programs: Ball Tournaments 9 7 +29% Programs: Room rentals 557 346 +61% Programs: Advertising revenue $4,489 $2,437 +84% Cemetery: Niche & Plot sales 64 68 -6% Cemetery: Interments 144 124 +16% FINANCIAL IMPACT /FUNDING SOURCE Overall the 2013 Q4 PRS Department variance summary is as follows: 4th__Ouarter Budaet vs. Actual Variance Summarv Department (under)/over Cemetery $44 971 Library -Town Net Building Costs ($6 610) Museum $9 398 Facilities $40 336 Parks $1 995 Programs $37 172 Parks & Recreation Subtotal $79 502 EFC $8 812 Total variances $136,073 3/4 PRS 14-06-201 3 PRS Fourth Quarter Repon.docx CAO Title: Report No.: STAFF REPORT FIRE & RESCUE SERVICES FOURTH QUARTER 2013 DEPARTMENT RESULTS FRS 14-03 Author: JEFF SMITH Meeting Type: COUNCIL MEETING Council/Committee MARCH 10, 2014 Date: Attachments: NIL RECOMMENDATION THAT Council receives report FRS 14-03 Fourth Quarter 2013 Fire & Rescue Services results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to December 31, 2013 Fire & Rescue Services financial results. SUMMARY OF OPERATIONAL RESULTS 2013 Business Objectives Ob_i_ective Target Date Status Market Fire Communications to potential Q1-Q4 Ongoing clients CAD Server Computer & Digital Voice Q2 Cancelled Recording System Annual replacement of Personal Protective Q2 Complete Eguipment (PPEl High Building_ firefighting equipment Q3 Com_Q_Iete Self-contained Breathing Apparatus (SCBA) Q1 Complete lease agreement C:\Users\Dewilson\Appdata\Local\Temp\Notesd39658\FRS 14-03 Q4.Docxl CAO Fire Communication Reoort Fire Communications Dispatched Incidents Til/so Non-Emergency Calls (Customer Service, Burn Activation Lines etc.) FINANCIAL IMPACT /FUNDING SOURCE The following variances are projected through to December 31, 2013: 2013 Annual Summary Department Fire & Rescue Services Total variances APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature JEFF SMITH JEFF SMITH DARRELL EDDINGTON (under)/over ($29,130) ($29,130) DATE: FEBRUARY, 27,2014 DATE: February 27, 2014 DATE:Mar4/14 C:\Users\Dewilson\Appdata\Local\Temp\Notesd39658\FRS 14-03 Q4.Docx3 CAO Title: Report No.: Author: Meeting Type: Council Date: Attachments: STAFF REPORT DEVELOPMENT&. COMMUNICATION SERVICES Building and By-Law Services 2013 Annual Report DCS 14-06 GENO VANHAELEWYN -Chief Building Official COUNCIL MEETING MARCH 10, 2014 RECOMMENDATION THAT Council receives Report DCS 14-06; Building and By-Law Services 2013 Annual Report, as information. EXECUTIVE SUMMARY 2013 Building Permit Activity Total Permits Issued Total Construction Value Total Permit Revenue 315 $19,442,337.00 $214,700.00 2013 -Permit Class Comparison Single Other Detached Residential lnstitutiona I Commercial Dwellings Permits 67 143 12 85 Issued Estimated 10,162,224 2,470,956 917,675 2,430,382 Value Industrial 17 3,412,100 CAO 2013-MAJOR CONSTRUCTION PROJECTS • Siemens - 1 Clearview -site development & paint booth • Marwood -35 Spruce -addition/renovation • Library - 1 Library Lane -addition/renovation • Reynolds Way Subdivision -Colin Ave • Future Transfer -291 Tillson Ave -warehouse renovation • Siemens - 1 Clearview -curing plant • E & E Mclaughlin -157 Tillson Ave -commercial renovation • Applewood Mini Storage -188 Lincoln -storage buildings • Royal LePage Wood Realty -55 Brock E -exterior renovation • St. Mary's Church -51 Venison W -life safety upgrades 2013 -Building & By-Law Activity Output Measures-Quantity 2009 2010 2011 2012 2013 Actual Actual Actual Actual Actual Building Permits Issued 284 318 319 301 315 Building Inspections Completed 1,298 1,247 1,201 1,173 1,152 Parking Tickets Issued 943 840 904 753 873 Animal Tags Cats 601 788 755 772 874 Issued Dogs 1 219 1 637 1 615 1 671 1,963 Enforcement -Parking, Noise, 102 115 151 107 119 Complaints and Taxi Occurrences Property Stds, Zoning, Clean 200 214 193 204 186 Yard, Sign, Fence etc. Animal Control -320 403 436 384 2013 -Planning Activity Output Measures/ Activity Quantity Minor Variance Applications 6 Zone Change Application 8 Site Plan Formal Consultations 15 Site Plan Approvals 4 Site Plan Applications (in progress) 5 Subdivision Agreements 0 Subdivision Amendment Agreements 2 (in progress) 3 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Authors: Meeting Type: Council Date: Attachments: RECOMMENDATION: A & W Noise -Sound Barrier and MOE Investigation DCS 14-13 Lisa VanderWallen Geno Vanhaelewyn COUNCIL MEETING MARCH 10, 2014 DCS 13-77, SOUND BARRIER QUOTATION GUIDELINES, MOE CORRESPONDENCE THAT council receives "DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation" report as information. EXECUTIVE SUMMARY: As presented to council in report DCS 13-77: in 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru to 24 hour operation, prompting citizens living on Allen Street to complain to Town staff about noise related issues and various concerns for their properties. Proposed solutions in report DCS 13-77, presented to council in October of 2013, suggested that: "a noise barrier fence has been proposed and is currently being investigated by Town staff; and a referral has been made to the Ministry of the Environment (MOE)". Following up from the October 2013 report, the purpose of this submission is to update council on findings from a noise investigation from the MOE and elaborate on noise barrier fence options. Council also requested that this report include information on revising the noise by-law to determine if an amendment is possible and asked staff to contact the Police Services Board for addressing OPP patrolling of the area. RESULTS FROM MINISTRY OF ENVIRONMENT INVESTIGATION: Requested by the Town By-law enforcement officer, MOE Environmental Officer Pawel Kucharski met with a complainant from Allen Street and conducted an investigation. Admitting that MOE investigations are limited to only dealing with stationary sources and cannot limit the noises from transportation corridors, Mr. Kucharski conducted readings and recorded observations at the A & W site on December 11, 2013. The complainant's request that the MOE return to do tests in the summer to measure noises from customers in the parking lots was rejected by MOE, since they do not have jurisdiction to regulate noisy Page 3 I 3 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Noise Issues - A & W and Allen Street Citizens DCS 13-77 LISA VANDERWALLEN COUNCIL MEETING OCTOBER 15, 2013 MINUTES FROM JULY 16 2013 MEETING MINUTES FROM AUGUST 13 2013 MEETING THAT council receives DCS 13-77 Noise Issues - A & W and Allen Street Citizens report as information. EXECUTIVE SUMMARY Town staff has received various complaints from citizens of Allen Street about noise issues as a result of the recent conversion to 24-hour drive thru at the Broadway Street A & W restaurant. DCS 13-77 summarizes for council, the results of the complaints and subsequent attempts at resolution. BACKGROUND In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -llpm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Noise Bylaw Issues: Brought first to the attention of the municipal bylaw enforcement officer, the first noise bylaw complaints in the spring of 2013 included a few specific issues which warranted investigation. A complaint about the dumpsters being emptied too early on April 26th 2013 led to an investigation into the waste removal contractor who assured Town officials that the contractor's GPS-tracked vehicles showed that the dumpster was emptied in error too A & W Restaurant Response: At meetings with Town staff and Allen Street citizens, A & W provided a response to the various concerns. A & W affirmed its commitment to being good neighbours in the community. The transition to 24 hour drive thru occurred in an attempt to generate more business for the restaurant and the company claims that remaining open 24 hours is profitable, and unlikely to change. A & W says that the restaurant sees about 250 cars during the overnight during an average week, the majority of which are shift workers coming in late to get food during their lunch breaks. A & W has conferred with their corporate offices to find solutions and have offered to post signs reminding people to be quiet and conscious of the neighbours nearby. The volume of the speaker box has been turned down and A & W has assured Town staff that the staffing at night are mature and have been given additional training for special late night issues which may arise. Proposed Solutions: Looking to find a resolution, meetings in July and August facilitated by Town staff have allowed conversation between complainants and the restaurant. The request for the restaurant to move to original drive thru operating hours (7am -llpm) has been rejected by A & W and 24 hour operation will resume. Proposals for further changes to the call box will likely not be sufficient for resolving the overall problems. A noise barrier fence has been proposed and is currently being investigated by Town staff. A referral has been made to the Minister of the Environment and Oxford County OPP have been involved throughout the entire investigation. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Lisa VanderWallen David Calder Page 3 I 3 Date: September 19, 2013 Date: September 27, 2013 Date: CAO j Sound Barrier Quotation Guidelines: In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -llpm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Considered as an option to mitigate the noise, a sound barrier fence system could be installed behind the restaurant and this report will serve as a guideline for different options. Ministrv of Environment Standards: In their October 1997 report, "Noise Assessment Criteria in Land Use Planning: Requirements, Procedures and Implementation", the MOE has some recommendations as to the effective implementation of Noise Barriers. Outlined in section 5.1.1 of the report the MOE states: If a barrier is used as a noise control measure, its height must be such that the line of sight between the source and the receiver is obstructed. It is required that the surface density of the noise barrier be a minimum of 20 2 kg/m . It is further required that the barrier be designed and constructed without cracks or gaps. Any gaps under the noise barrier that are necessary for drainage purposes must be minimized and localized, and must not deteriorate the acoustical performance. Consultation with different installers of sound walls confirms that a major strategy for noise mitigation includes separating the sight line with a barrier wall. For the application required for A & W, the sound barrier would have to intersect the sight line between the bedroom windows of the Allen Street citizens and the drive through lanes, with emphasis on the call box area. Experience From Other Municipalities: The Mississauga Planning and Building department established design reference notes for drive thru which was approved by council January 30th 2008. The guidelines say, that "where lanes require noise mitigation, noise barriers adjacent to a residential zone should be maximum height of 2.4 m (7.9 ft.) to minimize the visual impact." The guidelines go on to say that "a combination berm/noise barrier is an acceptable solution in circumstances where a 2.4 m (7 .9ft.) noise barrier does not provide adequate noise mitigation." Mississauga's guidelines highlight the difficulty in installing barriers that work to block the noise yet are still visually attractive. 593 Broadway-A&WNoise Complaint Kucharski, Pawel (ENE) to: Kathleen Musselman/Tillsonburg (KMusselman@tillsonburg.ca) 23/12/2013 12:23 PM Cc: Geno Vanhaelewyn/Tillsonburg, "Slivar, Bob (ENE)" Hide Details From: "Kucharski, Pawel (ENE)" <Pawel.Kucharski@ontario.ca> To: "Kathleen Musselman/Tillsonburg (KMusselman@tillsonburg.ca)" <KMusselman@tillsonburg.ca>, Page 1 of2 Cc: Geno Vanhaelewyn/Tillsonburg <GVanhaelewyn@tillsonburg.ca>, "Slivar, Bob (ENE)" <Bob.Slivar@ontario.ca> History: This message has been forwarded. Good morning Kathleen, One Wednesday December 11,2013 I conducted some noise readings backyard. Prior to conducting the readings I sat down and spoke with-I informed him that I the MOE does not typically deal with sounds from fast food restaurants. His biggest concerns which he repeated many times were the individuals who were in the parking lot at late hours and the vehicles with load exhausts ordering in the drive-thru. His concern with the speaker seemed to be lesser of a concern. He was adamant that I do readings in the summer when all the high school kids hang out in the parking lot and when there are more loud vehicles passing through. I informed him that we do not regulate noisy people, mobile equipment and speakers for a drive-thru, and that responsibility is with the city by-laws and planning. After conducting a number of tests, I came to the conclusions that the only exceedance in noise levels that I observed was when loud vehicles drove past on Broadway (18 wheelers, 4x4's) and when. -forced air furnace exhaust came on. I also conducted readings only when vehicles were in the drive-thru. The three vehicles that I did readings on resulted in noise levels less than 45 dB which included the motor running, the speaker, and person to person conversation at the window. During the readings I stood nearby the whole time and actually noticed that the window attendant speaking in person to the driver at the window was equally as loud as the conversations held at the speaker. MOE does not have any authority to deal with noises from transportation corridors, i.e., railways and roadways (including off-site haul routes); occasional movement of vehicles on the property such as delivery of goods to and the removal of goods/refuse from convenience stores, fast food restaurants and similar commercial facilities, etc.; and parking lots for private passenger vehicles at offices or commercial facilities such as retail stores, plazas or shopping malls, or employee parking lots at industries and commuter parking lots, noise resulting from gathering of people at facilities such as restaurants. I hope some of this information is helpful moving forward. If you have any questions, please do not hesitate to contact me. I will inform~f my observations and will be recommending to close the file. file:/ I /C:IU sers/ gvanhaelewyn/ AppData/Local/Temp/notesF 19128/~web4 770.htm 04/03/2014 Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Fire Communications Division FRS 14-04 Jeff Smith, Fire Chief COUNCIL MEETING MARCH 10, 2014 That Council receives Report FRS 14-04 Fire Communications Division as information. EXECUTIVE SUMMARY During the November 20, 2013 Council Budget meeting, Council directed the following: Staff to provide a report regarding the forecast revenue and expenses for dispatch centre and the capital investment required. Three years of actual dispatch results to be provided in the report. This report will provide Council with an explanation of the services provided by Fire Communications, discussion regarding future direction for Fire Comm, and a summary of the capital investment required. The revenue and expenses forecast and a summary of the past three years of actual results will be presented to Council in a subsequent report. CONSULTATION/COMMUNICATION The history of dispatching emergency services in Tillsonburg goes back over 60 years, with the combined Town of Tillsonburg Police & Fire dispatching. With the disbanding of the Town of Tillsonburg Police force in 2000, the dispatch service assumed front desk duties at the OPP building on Concession Street and fire dispatch duties for the Town of Tillsonburg, the Town of Ingersoll and the former Township of Norfolk. In 2006, the process to move the fire dispatch service to the fire station was initiated and in 2007, Tillsonburg Fire Communications (Fire Comm) began operating out of the second floor of the fire station as a dedicated fire dispatch and communications service. Initial customers included the Town of Ingersoll, all Elgin County municipalities (excluding the City of St. Thomas) and Norfolk County. regular business hour follow-up. By addressing and even resolving customer service inquiries and requests, unnecessary page-outs of on-call municipal staff, and the associated costs, are minimized. In the 2014 budget, Fire Comm will be compensated by other departments $79,240 for providing after hours customer service. Currently Fire Comm dispatches ten (10) municipalities, including the Tillsonburg Fire & Rescue. All Elgin County municipalities are billed on a per capita basis. Ingersoll and Chippewas of the Thames are billed per incident. All contracts contain wording regarding early termination of the agreement as well as renewal options. Typically, twelve (12) months notice is required by either party to terminate the agreement. During the 2013 Budget deliberations, Council requested comparison data regarding our per capita rate versus other dispatch services. Rates for eight vendors were compared; 3 police department based and 5 fire department based. The overall average in 2013 was $2.76 per capita. The average for police department based service was $2.21 per capita and the average for fire department based service was $3.09 per capita. ANALYSIS Strategies that can be employed to increase the Fire Communications Program Revenue include increasing customer base, offering additional services as a new revenue stream, expand after-hours customer service to other municipalities or explore merger opportunities with similar sized, fire department based dispatch services. Tillsonburg Fire Communications has remained a near invisible entity. Very few of our own residents know of its existence. If our own residents do not know about Fire Comm, it is unlikely that potential customers are aware of the service either. Historically, marketing Fire Communications and responding to tenders has been completed using only the resources of the Fire Department. The expertise of our Town's Marketing & Partnerships Officer has never been utilized beyond taking photographs of the facility. Marketing materials beyond an introductory PowerPoint presentation have never been produced. Communications services that are willing to increase their customer base are becoming fewer in southern Ontario. In 2012, Norfolk County invited 5 fire dispatch agencies to bid on their Request for Proposal, of those 3 submitted bids and only 2 met the technical requirements of the RFP. Proper marketing to fire departments in southern Ontario will increase awareness of the services we offer. When the dispatch CAD was purchased and the phone lines installed, provisions were made for the eventual growth of services offered to include monitoring fire alarms. The CAD software purchased supports this function and a sufficient capacity was designed into the phone system at the fire station for this as well. While private sector fire alarm companies may be reluctant to partner with a public sector monitoring company, a residential home fire alarm monitoring service such as Kitchener Fire Department's Direct Detect could be implemented with limited capital investment and without the addition of staff. Kitchener has expanded this service beyond the City of Kitchener and offers it to residents of the communities that they dispatch under contract. Potentially, Tillsonburg has a population base of 77,765 to rna rket such a service to. Page 3 I 5 CAO the primary dispatch location. This project can and should be deferred until such time as additional customers are secured. The computer workstations were evaluated and considered as part of the Information Technology Strategy for the Town of Tillson burg. Replacement of these 6 year old computers is included in the I.T. Replacement budget. The CVDS Telephone and Radio digital voice recording system was scheduled to be replaced as part of the 2013 budget process. The transition from an analogue to digital radio system by Elgin County resulted in the cancellation of this project as it is unknown at this time what equipment will be needed for their system expansion. Elgin County will be responsible for all necessary upgrades or replacements to accommodate their move to digital, including the radio and telephone voice recording equipment. APPROVALS Author Name/Signature CAO Name/Signature Finance Name/Signature JEFF SMITH Date: Mar 6/14 DAVID CALDER Date: Mar 6/14 DARRELL EDDINGTON Date: Mar 6/14 Page 5 I 5 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES Tender Results for Glendale Drive Area Reconstruction OPS 14-06 K.Deleebeeck,P.Eng, Manager of Engineering S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee MARCH 10, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receive Report OPS 14-06 Tender Results for Glendale Drive Area Reconstruction. THAT Tender T2014-001 be awarded to Tri-Con Excavating Inc. of London, Ontario at a cost of $1,411,767.76 (HST Included). EXECUTIVE SUMMARY Tenders were called for the reconstruction of the Glendale Drive Area with thirteen (13) plan takers and a total of nine (9) bids received on February 215\ 2013 with the lowest bid from Tri-Con Excavating Inc. of London Ontario of $1,271,340.60 (Net HST Included). COMMENTS The project includes the total reconstruction of Hawthorne Street, Parkside Drive, and Glendale Drive from Victoria Street to Poplar Street including the replacement and restoration of the culvert, road, curb, sidewalk, storm sewers and boulevards as well as County of Oxford funded sanitary sewer and water main replacement. The project has been staged so as to limit construction activity along Glendale Drive until the school season has ended. The first stage will consist of some minor sanitary sewer outlet works along Glendale Drive to facilitate the reconstruction of Hawthorne Street and Parkside Drive while the second stage consists of reconstructing Glendale Drive including the culvert replacement. The entire project is planned in the 2014 budget at a cost of $1,800,001 which includes County water main and sanitary sewer funding of $1,217,019 and Town funding of $582,982. Top lift asphalt is planned for 2015. CAO STAFF REPORT PARKS &. RECREATION SERVICES DEPARTMENT Report Title: Culture Development Fund Project Funding Agreement Report No.: PRS 14-05 Author: Rick Cox, Director of Parks &. Recreation Meeting Type: COUNCIL MEETING Council Date: FEBRUARY 27, 2014 Attachments: • Funding Letter • Funding Agreement RECOMMENDATION: THAT Council receive Report PRS 14-05 Culture Development Fund Project Funding Agreement; AND THAT Council authorizes the Mayor and Clerk to sign the Funding Agreement. EXECUTIVE SUMMARY In September, Council approved the submission of an application to the Ontario Government's Cultural Development Fund program to request up to $60,000 over 2 years. The project asked for and has received approval of funding for $49,578. The Funding Agreement was received March 5, and requires Council Approval by March 14. BACKGROUND In a consortium with the Tillsonburg Arts & Crafts Guild (Station Arts Centre), the Tillsonburg & District Historical Society and Oxford Creative Connections Inc., an application for funding from the Cultural Development Fund program was submitted in September 2013. The project is intended to develop governance and operational capacity within the cultural sector in Tillsonburg through a common support network called the Tillsonburg Cultural Improvement Alliance (CIA). The project will launch after April 1 once the Funding Agreement is in place. A steering committee consisting of representation from PRS, the Guild, OCCI, and the Historical Society as well as any other partners who sign on will oversee the project. Funding from each consortium member was committed as part of the submission. The attached Funding Agreement sets out the contract between the Province of Ontario and the Town of Tillsonburg with respect to the funding and the project's workplan, deliverables and measures of success. 1/2 PRS 14-05 -Culture Development Fund Project Fllllding Agreement.docx CAO Ministry of Citizenship and Immigration Ministry of Tourism, Culture and Sport Regional Services Branch 4275 King Street East, 2"d Floor Kitchener, ON N2P 2E9 Phone: 1-800-650-0200 Fax: (519) 650-3425 March 5, 2014 Mr. Rick Cox Director of Parks & Recreation 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Dear Mr. Cox: Ministere des Affaires civiques et de !'Immigration Ministere du Tourisme, de Ia Culture et du Sport Direction des services regionaux 4275 rue King Est, bureau 200 Kitchener ON N2P2E9 Tel.: 1-800-650-o2oo Telec. : (519) 650-3425 ('~ t?ontario Congratulations on being approved for a Culture Development Fund (CDF) grant. To move forward, please find attached documents for your review and action: 1) An electronic copy of the Funding Agreement covering your 2013-14 CDF project. Please read through the entire agreement and contact your Regional Advisor if any details are inaccurate or unclear. 2) Print the Signature page (i.e. page 16 only), and ensure it is signed by an authorized signing officer(s) of your organization and return to the CDF program office by email or regular mail to the address noted below. Once received, the copy will be countersigned by the Province and returned to you for your records. 3) With regard to our requirements for a Certificate of Insurance that confirms the insurance coverage as provided for in Article 11.1 of the Agreement, please share the attached document with your insurance provider. Please note that your first funding instalment will not be processed until all of the above documentation is received in the CDF program office by March 14, 2014. These documents can be sent by email to: cdf- fdc@ontario.ca or delivered personally or by mail to the following address: Ministry of Tourism, Culture and Sport Attn: Culture Development Fund Programs and Services Branch 401 Bay Street, Suite 1700 Toronto, ON M7A OA7 If you have any questions, please contact Sonja Erstic, your Regional Advisor by email as copied above or telephone: (519) 650-5482. Sincerely, THE AGREEMENT effective as of February 10, 2014 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism, Culture and Sport (the "Province") -and- TOWN OF TILLSONBURG (the "Recipient") BACKGROUND: The Province funds projects similar to the Project. The Recipient has applied to the Province for funds to assist the Recipient in carrying out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; (d) any reference to dollars or currency shall be to Canadian dollars and currency; and (e) "include", "includes" and "including" shall not denote an exhaustive list. "Project" means the undertaking described in Schedule "8". "Project End Date" means the last date when Eligible Expenses can be incurred for this Project. "Reports" means the reports described in Schedule "A". "Timelines" means the Project schedule set out in Schedule "8". ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. 2.2 Execution of Agreement. The Recipient represents and warrants that: (a) it has the full power and authority to enter into the Agreement; and (b) it has taken all necessary actions to authorize the execution of the Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has, and shall maintain, in writing, for the period during which the Agreement is in effect: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b) procedures to ensure the ongoing effective functioning of the Recipient; (c) decision-making mechanisms; (d) procedures to provide for the prudent and effective management of the Funds; (e) procedures to enable the successful completion of the Project; (f) procedures to enable the timely identification of risks to the completion of the Project and strategies to address the identified risks; (g) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and Page 3 of 20 (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1. 4.3 Use of Funds and Project. The Recipient shall: (a) carry out the Project: (i) in accordance with the terms and conditions of the Agreement; and (ii) in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project; (b) use the Funds only for the purpose of carrying out the Project; and (c) spend the Funds only in accordance with the Budget. 4.4 No Changes. The Recipient shall not make any changes to the Project, the Timelines and/or the Budget without the prior written consent of the Province. 4.5 Interest Bearing Account. If the Province provides Funds to the Recipient prior to the Recipient's immediate need for the Funds, the Recipient shall place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. 4.6 Interest. If the Recipient earns any interest on the Funds: (a) the Province may deduct an amount equal to the interest from any further instalments of Funds; or (b) the Recipient shall pay an amount equal to the interest to the Province as directed by the Province. 4.7 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. 4.8 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the 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. ARTICLE 5 ACQUISITION OF GOODS AND SERVICES, AND DISPOSAL OF ASSETS 5.1 Acquisition. Subject to section 32.1, if the Recipient acquires supplies, equipment or services with the Funds: (a) it shall do so through a process that promotes the best value for money; and Page 5 of20 (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient shall keep and maintain: (a) all financial records (including invoices and proof of payments) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may: (a) inspect and copy the records and documents referred to in section 7.2; and (b) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds and/or the Project. 7.4 Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in a form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 7.5 No Control of Records. No provision of the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). ARTICLE 8 CREDIT 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient shall, in accordance with Schedule "D", acknowledge the support of the Province in any publication of any kind, written or oral, relating to the Project. 8.2 Publication. The Recipient shall indicate, in any of its publications, of any kind, written or oral, relating to the Project, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. Page 7 of20 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or (c) determine the reasonable costs for the Recipient to wind down the Project, and: (i) permit the Recipient to offset the costs determined pursuant to section 12.2(c), against the amount owing pursuant to section 12.2(b); and/or (ii) subject to section 4.7, provide Funds to the Recipient to cover the costs determined pursuant to section 12.2(c). ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in section 4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Recipient. 13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b). 13.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant to section 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 14.1 Events of Default. Each of the following events shall constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 9 of 20 14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). 14.5 When Termination Effective. Termination under this Article shall take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14, if the Recipient has not spent all of the Funds allocated for the ~unding Year as provided for in the Budget, the Province may: (a) demand the return of the unspent Funds; or (b) adjust the amount of any further instalments of Funds accordingly. ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient shall, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. 17.1 Debt Due. If: ARTICLE 17 REPAYMENT (a) the Province demands the payment of any Funds or any other money from the Recipient; or (b) the Recipient owes any Funds or any other money to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other money shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. Page 11 of 20 ARTICLE 21 WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Recipient shall not take any actions that could establish or imply such a relationship. ARTICLE 23. ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient shall not assign any part of the Agreement or the Funds without the prior written consent of the Province. 23.2 Agreement to Extend. All rights and obligations contained in the Agreement shall extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario. ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient shall do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. ARTICLE 26 CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY 26.1 Force Majeure Means. Subject to section 26.3, Force Majeure means an event that: (a) is beyond the reasonable control of a Party; and (b) makes a Party's performance of its obligations under the Agreement impossible, or so impracticable as reasonably to be considered impossible in the circumstances. Page 13 of 20 (c) Schedule "C"-Budget; and (d) Schedule "D"-Requirements for Use of the Ontario Logo and Acknowledgement of Funding. ARTICLE 29 COUNTERPARTS 29.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ARTICLE 30 JOINT AND SEVERAL LIABILITY 30.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. ARTICLE 31 RIGHTS AND REMEDIES CUMULATIVE 31.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. ARTICLE 32 BPSAA 32.1 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of the Agreement and the requirements of the BPSAA, the BPSAA shall prevail. ARTICLE 33 FAILURE TO COMPLY WITH OTHER AGREEMENTS 33.1 Other Agreements. If the Recipient: (a) has failed to comply (a "Failure") with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency; (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, Page 15 of 20 j SCHEDULE "A" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funding Funding Instalments Address for notice if to the Province Address for notice if to the Recipient Reporting Additional Funding Requirements . , Lesser of $49,289 or 50% of total eligible cash expenditures as shown in Schedule "C", see Budget. Subject to section 4.2 of this Agreement, I. Fifty percent (50%) of the maximum funding amount, i.e. $24,645 upon execution by both parties of the Agreement; II. Up to twenty-five percent (25%) of the maximum funding amount upon receipt and acceptance of a satisfactory Interim Report; Ill. Up to twenty-five percent (25%) of the maximum funding amount or applicable portion of eligible cash expenditures upon receipt and acceptance of a satisfactory Final Report. · Culture Development Fund Ministry of Tourism, Culture and Sport Programs and Services Branch 401 Bay Street, Suite 1700 Toronto, ON M7 A OA7 Email: cdf-fdc@ontario.ca Mr. Rick Cox Director, Parks and Recreation Town of Tillsonbu~ 200 Broadway, 2" Floor Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 ext 4228 Email: rcox@tillsonburg .ca An Interim Report is due: January 30,2015 and must include the following: • A print-out of your organization's general ledger of account for this project reflecting cash transactions earned and incurred up to the Interim Report due date. , • An expenditure forecast that reflects total eligible project costs as of the Interim Report due date through Project End Date; and • A completed Interim Report Form, signed on behalf of the Recipient by an authorized signing officer. A Final Report is due on or before: June 30, 2016 and must include the following: • Copies of invoices and proof of payment for all eligible cash expenditures incurred on or before the Project End Date. N.B.: A print-out of your organization's general ledger of account that supports actual project expenditures can serve as proof of payment. • An electronic copy of all reports and publications produced as part of the Project including samples indicating how the Province's support has been acknowledged • A completed Final Report Form, signed on behalf of the Recipient by an authorized signing officer, and • Any other details that may be requested by the Province. Interim and Final Report Forms can be obtained from your local Ministry contact or downloaded from the Grants Ontario web portal. The Province will not provide any Funds to the Recipient until the Recipient has provided: • Proof of Insurance in accordance with Article 11 of this Agreement. Note: • Staffing costs will be subject to review at time of interim report . Page 17 of 20 ! o_tal Eligible Project Expenditures SCHEDULE "C" BUDGET ·50% of Total Eligible Proj~ct Expenditures* i Eligible Project Expenditures Year 1 -· 5_taffing &_ Benefits Expenses , ProJect Coordinator(MTCS Funding $42,229) $ 20,805.00 'Project Assistant (MTCS Funding $7,060) $ 5,398.00 . . Pr~gram Expenses Mileage $ 3,600.00 Database/display /software development $ 4,017.00 , Database hosting $ 309.00 ! Training IM>rkshops $ 5,000.00 'Multi-media panels $ 9,000.00 Information package~ for ~r~s-~Opl) $ 1,200.00 Admin/Other Exp~nse!; _ $ TOTAL ELIGIBLE EXPENDITURES .$ 49,329.00 Year2 $ 21,424.00 $ 10,716.00 $ 3,600.00 $ $ 309.00 $ 12,000.00 $ 1,200.00 $ $ 49,249.00 $ $ $ $ $ '$ $ $ $ $ $ $ 98,578.00 49,289.00 . Total 42,229.00 16,114.00 7,200.00 4,017.00 618.00 5,000.00 21,000.00 2,400.00 98,578.00 *N.B.: Please be reminded that per the funding terms outlined in the 2013-14 Culture Development Fund program guidelines, this is a Shared Cost Agreement. In all cases, the maximum funds from the Province will not exceed fifty percent (50%) of the project's total eligible cash expenditures. The holdback is contingent on receipt and acceptance of a satisfactory Interim/Final Report, including invoices and appropriate proof of payment. Page 19 of20 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3804 A BY-LAW to enter into an Agreement with Her Majesty The Queen In Right Of Canada for the Grants Ontario Case# 2013-08-1-16303746. WHEREAS The Town ofTillsonburg is desirous of entering into Agreement with Her Majesty The Queen In Right Of Canada represented by the Minister of Tourism, Culture and Sport in order to receive Grants Ontario Case #2013-08-1-16303746 to complete the Tillson burg Cultural Improvement Alliance project. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town ofTillsonburg. READ A FIRST ANDSECONDTIMETHIS lOth DAY OF March 2014. READ A THIRD AND FINAL TIME AND PASSED THIS lOth DAY OF March, 2014. Mayor-John Less if Town Clerk-Donna Wilson THE AGREEMENT effective as of February 10, 2014 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism, Culture and Sport (the "Province") -and- TOWN OF TILLSONBURG (the "Recipient") BACKGROUND: The Province funds projects similar to the Project. The Recipient has applied to the Province for funds to assist the Recipient in carrying out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; (d) any reference to dollars or currency shall be to Canadian dollars and currency; and (e) "include", "includes" and "including" shall not denote an exhaustive list. "Project" means the undertaking described in Schedule "8". "Project End Date" means the last date when Eligible Expenses can be incurred for this Project. "Reports" means the reports described in Schedule "A". "Timelines" means the Project schedule set out in Schedule "8". ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. 2.2 Execution of Agreement. The Recipient represents and warrants that: (a) it has the full power and authority to enter into the Agreement; and (b) it has taken all necessary actions to authorize the execution of the Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has, and shall maintain, in writing, for the period during which the Agreement is in effect: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b) procedures to ensure the ongoing effective functioning of the Recipient; (c) decision-making mechanisms; (d) procedures to provide for the prudent and effective management of the Funds; (e) procedures to enable the successful completion of the Project; (f) procedures to enable the timely identification of risks to the completion of the Project and strategies to address the identified risks; (g) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and Page 3 of20 (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1. 4.3 Use of Funds and Project. The Recipient shall: (a) carry out the Project: (i) in accordance with the terms and conditions of the Agreement; and (ii) in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project; (b) use the Funds only for the purpose of carrying out the Project; and (c) spend the Funds only in accordance with the Budget. 4.4 No Changes. The Recipient shall not make any changes to the Project, the Timelines and/or the Budget without the prior written consent of the Province. 4.5 Interest Bearing Account. If the Province provides Funds to the Recipient prior to the Recipient's immediate need for the Funds, the Recipient shall place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. 4.6 Interest. If the Recipient earns any interest on the Funds: (a) the Province may deduct an amount equal to the interest from any further instalments of Funds; or (b) the Recipient shall pay an amount equal to the interest to the Province as directed by the Province. 4.7 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. 4.8 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the 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. ARTICLE 5 ACQUISITION OF GOODS AND SERVICES, AND DISPOSAL OF ASSETS 5.1 Acquisition. Subject to section 32.1, if the Recipient acquires supplies, equipment or services with the Funds: (a) it shall do so through a process that promotes the best value for money; and Page 5 of 20 (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient shall keep and maintain: (a) all financial records (including invoices and proof of payments) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may: (a) inspect and copy the records and documents referred to in section 7.2; and (b) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds and/or the Project. 7.4 Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in a form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 7.5 No Control of Records. No provision of the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). ARTICLE 8 CREDIT 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient shall, in accordance with Schedule "D", acknowledge the support of the Province in any publication of any kind, written or oral, relating to the Project. 8.2 Publication. The Recipient shall indicate, in any of its publications, of any kind, written or oral, relating to the Project, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. Page 7 of 20 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or (c) determine the reasonable costs for the Recipient to wind down the Project, and: (i) permit the Recipient to offset the costs determined pursuant to section 12.2(c}, against the amount owing pursuant to section 12.2(b); and/or (ii) subject to section 4.7, provide Funds to the Recipient to cover the costs determined pursuant to section 12.2(c). ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in section 4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Recipient. 13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b). 13.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant to section 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 14.1 Events of Default. Each of the following events shall constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 9 of 20 14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). 14.5 When Termination Effective. Termination under this Article shall take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may: (a) demand the return of the unspent Funds; or (b) adjust the amount of any further instalments of Funds accordingly. ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient shall, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. 17.1 Debt Due. If: ARTICLE 17 REPAYMENT (a) the Province demands the payment of any Funds or any other money from the Recipient; or (b) the Recipient owes any Funds or any other money to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other money shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. Page 11 of 20 ARTICLE 21 WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Recipient shall not take any actions that could establish or imply such a relationship. ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient shall not assign any part of the Agreement or the Funds without the prior written consent of the Province. 23.2 Agreement to Extend. All rights and obligations contained in the Agreement shall extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario. ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient shall do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. ARTICLE 26 CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY 26.1 Force Majeure Means. Subject to section 26.3, Force Majeure means an event that: (a) is beyond the reasonable control of a Party; and (b) makes a Party's performance of its obligations under the Agreement impossible, or so impracticable as reasonably to be considered impossible in the circumstances. Page 13 of 20 (c) Schedule "C"-Budget; and (d) Schedule "D"-Requirements for Use of the Ontario Logo and Acknowledgement of Funding. ARTICLE 29 COUNTERPARTS 29.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ARTICLE 30 JOINT AND SEVERAL LIABILITY 30.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. ARTICLE 31 RIGHTS AND REMEDIES CUMULATIVE 31.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. ARTICLE 32 BPSAA 32.1 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of the Agreement and the requirements of the BPSAA, the BPSAA shall prevail. ARTICLE 33 FAILURE TO COMPLY WITH OTHER AGREEMENTS 33.1 Other Agreements. If the Recipient: (a) has failed to comply (a "Failure") with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency; (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, Page 15 of 20 SCHEDULE "A" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funding Funding Instalments Address for notice if to the Province Address for notice if to the Recipient Reporting Additional Funding Requirements Lesser of $49,289 or 50% of total eligible cash expenditures as shown in Schedule "C", see Budget. Subject to section 4.2 of this Agreement, I. Fifty percent (50%) of the maximum funding amount, i.e. $24,645 upon execution by both parties of the Agreement; II. Up to twenty-five percent (25%) of the maximum funding amount upon receipt and acceptance of a satisfactory Interim Report; Ill. Up to twenty-five percent (25%) of the maximum funding amount or applicable portion of eligible cash expenditures upon receipt and acceptance of a satisfactory Final Report. Culture Development Fund Ministry of Tourism, Culture and Sport Programs and Services Branch 401 Bay Street, Suite 1700 Toronto, ON M7A OA7 Email: cdf-fdc@ontario.ca Mr. Rick Cox Director, Parks and Recreation Town of Tillsonbu~ 200 Broadway, 2n Floor Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 ext 4228 Email: rcox@tillsonburg. ca An Interim Report is due: January 30, 2015 and must include the following: • A print-out of your organization's general ledger of account for this project reflecting cash transactions earned and incurred up to the Interim Report due date. • An expenditure forecast that reflects total eligible project costs as of the Interim Report due date through Project End Date; and • A completed Interim Report Form, signed on behalf of the Recipient by an authorized signing officer. A Final Report is due on or before: June 30, 2016 and must include the following: • Copies of invoices and proof of payment for all eligible cash expenditures incurred on or before the Project End Date. N.B.: A print-out of your organization's general ledger of account that supports actual project expenditures can serve as proof of payment. • An electronic copy of all reports and publications produced as part of the Project including samples indicating how the Province's support has been acknowledged • A completed Final Report Form, signed on behalf of the Recipient by an authorized signing officer, and • Any other details that may be requested by the Province. Interim and Final Report Forms can be obtained from your local Ministry contact or downloaded from the Grants Ontario web portal. The Province will not provide any Funds to the Recipient until the Recipient has provided: • Proof of Insurance in accordance with Article 11 of this Agreement. Note: • Staffing costs will be subject to review at time of interim report. Page 17 of 20 Total Eligible Project Expenditures SCHEDULE "C" BUDGET .50% of Total Eligible Project Expenditures* :Eligible Project Expenditures Year 1 : ~taffjng & E:Jenefits Expenses ! Project Coordinator (MTCS Funding $42,229) $ 20,805.00 Project Ass;istant (MTCS Funding $7,060) $ 5,398.00 . -· Program Expenses ~ileE!ge $ 3,600.00 .Database/display/softvvare development $ 4,017.00 Database hosting $ 309.00 _ Trai11ing lllltlrkshops $ 5,000.00 _ Multi-~dia panels $ 9,000.00 Information packages for \lliOrkshops $ 1,200.00 Admin/Other Expenses $ TOTAL ELIGIBLE EXPENDITURES $ 49,329.00 Year2 $ 21,424.00 $ 10,716.00 $ 3,600.00 $ $ 309.00 $ 12,000.00 $ 1,200.00 $ $ 49,249.00 $ $ :$ $ :$ $ $ $ :$ $ $ $ 98,578.00 • 49,289.00 • Total 42,229.00 16,114.00 -7,200.00 . 4,017.00 618.00 . 5,000.00: 21,000.00 2,400.00 98,578.00 *N.B.: Please be reminded that per the funding terms outlined in the 2013-14 Culture Development Fund program guidelines, this is a Shared Cost Agreement. In all cases, the maximum funds from the Province will not exceed fifty percent (50%) of the project's total eligible cash expenditures. The holdback is contingent on receipt and acceptance of a satisfactory Interim/Final Report, including invoices and appropriate proof of payment. Page 19 of 20 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3803 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 101h day of March,Z014 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 Tillson burg 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 March lOth, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg 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 sea I of The Corporation of the Town of Tillson burg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 101h DAY OF March, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 101h DAY OF March, 2014. MAYOR-John Lessif TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: Date: March 10, 2014 RESOLUTION NO.: ---=-1 __ MOVED BY: THAT the Agenda as prepared for the Council Meeting of March 10, 2014, be adopted. G D Carried Recorded Vote D Defeated D Deferred D Tabled (/l J ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: March 10, 2014 RESOLUTION NO.: --=2 __ MOVED BY: THAT Council move into Closed Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (TGCC); Matters relating to personal matters about an identifiable individual, including municipal or local board employees (Fire Services). ca Carried D Defeated D Deferred D Tabled D Recorded ~ Vote Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: March 10, 2014 RESOLUTION NO.: ____::e_3 __ MOVED BY: THAT the Minutes of the Council Meeting of February 19, 2014 and February 27, 2014 be approved. ~ L:J D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials AGENDA ITEM NO.: --==--9 __ RESOLUTION NO.: MOVED BY: COUNCIL RESOLUTION 'I / Date: March 10, 2014 THAT the Town of Tillsonburg support the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities; AND THAT Tillsonburg supports the third Combined Model as described by AMO's March 4, 2014 policy update; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=..::10=-----Date: March 10, 2014 RESOLUTION NO.: ____::::5 __ THAT the Town of Tillsonburg supports AMO's amendment to Bill69, The Prompt Payment Act, 2013, to allow municipalities to continue to exert prudent stewardship over public financial resources; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. I QJ D Carried Recorded Vote D Defeated D Deferred ~bled 1::: Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --==12::____ Date: March 10, 2014 RESOLUTION NO.: --'-7 __ MOVED BY: THAT Council receives report FIN 14-08 2013 Finance Department results as information. ri'carried D Recorded Vote D Defeated D Deferred Tabled Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: \ I Date: March 10, 2014 RESOLUTION NO.: ( 0 ::~::::BY~~- THAT Council receives report FIN 14-07 2013 Financial results; AND THAT the 2013 surplus be allocated to general reserves and that the allocation be visited later within the year. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=13:....___ Date: March 10, 2014 RESOLUTION NO.: --=-8 __ MOVED BY: THAT Council receives OPS14--Operations Services 2013 Fourth Quarter Report, as information. ~Carried D Recorded Vote D Defeated D Deferred Tabled D ~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=-14'----Date: March 10, 2014 MOVED BY: THAT Council receive Report DCS 14-16 Economic Development Fourth Quarter Report as information. [g Carried D Defeated D Deferred D Tabled D Recorded /jv Vote ..---Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=15"--Date: March 10, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives report PRS 14-06 Fourth Quarter 2013 PRS Department Results as information. dcarried D Recorded Vote D Defeated D Deferred D Tabled ./V ~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----=..:16:......__ Date: March 10, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report FRS 14-03 Fourth Quarter 2013 Fire & Rescue Services results as information. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=..;17 __ Date: March 10, 2014 THAT Council receive Report DCS 14-06; Building and By-Law Services 2013 Annual Report, as information. 52f Carried D Recorded Vote D Defeated D Deferred Tabled Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --==19:....__ Date: March 10, 2014 RESOLUTION NO.: --=1....:..4 __ MOVED BY: THAT Council receives FRS 14-04 Fire Communications Division, as information. rstJ Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----=.,:,20'----Date: March 10, 2014 MOVED BY: THAT Council receive Report OPS 14-06 Tender Results for Glendale Drive Area Reconstruction. AND THAT Tender T2014-001 be awarded to Tri-Con Excavating Inc. of London, Ontario at a cost of $1,411,767.76 (HST Included). ~ied D Recorded Vote D Defeated D Deferred D Tabled ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=-=21::.__ Date: March 10, 2014 RESOLUTION NO.: --=1.:::..6 __ THAT Council receive Report PRS 14-05 Culture Development Fund Project Funding Agreement; AND THAT Council authorizes the Mayor and Clerk to sign the Funding Agreement. r{carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials NOTICE OF MOTION MOVEDBY: ~llJ_ Date: fi1Nl C&t l 0 {t l(- SECONDED BY: --------- f<-E s D L\J EO 'TU1\l ..,-ovJN S17!fP 9E 0 ( R..e-t:rEl.) 10 ADD ~ Po LLo ttJ 1t-.b QV6"S710~ 'TO T{J-e IYiurJIUI'.d"L--- t~l.Zc.;:norJ €AU--o·\ OrJ Ot,.-\06~ 'Z-7, Zol f -n~ eue:s-n or-J TI> e-L-\? v'i"DfZ.S 1 DJI l.Ar..l £D I rJ ~ 1'1'1~ ~~ Q1\1()rJ'J fr(.,/ 15 c~s-z bvJ-r-A1Z1 D ,1') vrJ I U Plh-- ftS 'F{) lA.,{) wJ': f(;JU:l7o-f )7 \.\ A{)....€ '/ou I rJ t===-~Vl)uoZ 'Dr ~ --tovJvJ 1 ~ILl-S~>,J au (2.{, N'IA 1 ~( ~ I b 0 tl\o ow~..st-tc~ ~ c.e~L i)f-(ILL-So rJfl~ ( - COUNCIL RESOLUTION AGENDA ITEM NO.: _2==2=----Date: March 10, 2014 RESOLUTION NO.: ---=.1.:._7 __ MOVEDBY: ~~ SECONDED BY: e; ~~...,.'----- THAT By-Law 3804, To Authorize an Agreement with Her Majesty The Queen In Right Of 8-snada for the Grants Ontario Case# 2013-08-1-16303746; Ov1/JIV{J d<-J ~ AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014, be read for a first and second time and this constitutes the first and second reading thereof. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~ ___ Mayor's Initials ) ) COUNCIL RESOLUTION AGENDA ITEM NO.: ......!::.!22=----Date: March 10, 2014 RESOLUTION NO.: --=1=8 __ MOVEDBY: ~~ SECONDED BY: 'X:i:l £p---- C)Klff;/J;e) ~:? L THAT By-Law 3804, To Authorize Agreement with Her Majesty The Queen In Right Of Gar1ada for the v-L Grants Ontario Case# 2013-08-1-16303746; AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014, be given third and final reading and the Deputy Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~Carried D Defeated D Deferred D Tabled D Recorded ~ Vote Mayor's Initials "' Ministry of Community Safety and Correctional Services Office of the Fire Marshal and Emergency Management Place Nouveau Building 7th Floor 5775 Yonge Street North York ON M2M 4J 1 Telephone 416-325-31 00 Facsimile: 416-325-3119 February 12, 2014 Dear Mayor in Council: Ministere de Ia Securite communautaire et des Services correctionnels Bureau du commissaire des incendies et de Ia gestion des situations d'urgence Edifice Place Nouveau r etage 5775 rue Yonge North York ON M2M 4J1 Telephone: 416 325-3100 Telecopieur: 416 325-3119 f'~ t > 1/r Ontario As of January 1, 2014, Ontario became the first province to require the retrofit of automatic sprinklers in all vulnerable occupancies, which include care occupancies (e.g. group homes and supportive housing where residents need care for cognitive or physical disabilities and require assistance to evacuate), care and treatment occupancies (e.g. long-term care homes-formerly known as nursing homes, municipal homes for the aged and charitable homes) and licensed retirement homes (i.e. homes for seniors who may require assistance with daily living). I would like to clarify what this means for municipalities like yours. Mandatory sprinklers are but one part of a comprehensive set of changes to the province's fire safety regulations. There are a number of other fire safety changes that are required, by law, in care occupancies, care and treatment occupancies and licensed retirement homes. These changes and the timelines for their completion are listed below. Beginning January 1, 2014, the changes will be phased in as follows: In Care Occupancies and licensed Retirement Homes (within scope of Section 9.7 of Division B of the Fire Code) • Two months to install smoke alarms in individual sleeping rooms (New & Deadline is March 1, 2014); • One year to install fire alarm monitoring and emergency lighting (New & Deadline is January 1, 2015); • Two years to install self-closers and voice communication systems (New & Deadline is January 1, 2016); • Five years to install automatic sprinklers (New & Deadline is January 1, 2019). Refer to Section 9.7 for details, design options and exemptions. In Care and Treatment Occupancies (within scope of Section 9.4 of Division B of the Fire Code, excluding hospitals) • Eleven years to install sprinklers to coincide with the existing Long-Term Care Home Renewal Strategy for redevelopment (New & Deadline is January 1, 2025). 1 3. Training with Municipal Fire Departments Beginning in February, OFMEM Field Services staff will be attending some municipalities to speak about the new requirements with the local fire services. In exchange, the local fire service has made arrangements for OFMEM staff to visit care occupancies and care and treatment occupancies in the municipality with the local fire service to conduct inspections, witness fire drills and review the occupancy's fire safety plan among other items. Field staff will be able to use this hands-on experience to support advice and assistance they provide to other municipalities. Why are there two different phase-in times for sprinklers? I want to clarify this. Most private and government funded group homes and supportive housing captured under the new rules will have up to five years to install sprinklers. Licensed long-term care homes, such as nursing homes, will have an 11-year phase-in period to be completed by 2025. This difference in phase-in periods is because older long-term care homes are part of a long- term redevelopment plan to bring the buildings up to more current standards. I must emphasize that these long-term care homes are already subject to a stricter set of fire safety requirements than those required in care occupancies and licensed retirement homes. In addition to the minimum staffing requirements to carry out evacuations in a fire emergency, physical barriers to fire (such as walls with a certain fire endurance), fire alarms, fire exits and emergency lighting, these long-term care homes are also required to have enhanced fire alarm monitoring and detection, and zone separations (pre-determined areas where residents are assisted to as part of a phased evacuation). The requirement for sprinklers builds on these existing strict requirements. The mandatory sprinkler retrofit requirements have been included as part of a redevelopment plan for these long-term care homes. If not, construction costs could be duplicated by installing sprinklers in homes already scheduled to be redeveloped. The new regulation allows five years in some cases, and 11 years in others, to meet the new sprinkler requirements, however, it does not necessarily mean that it will take that long to get all of these homes sprinklered. In fact, I am informed that at least 70 per cent of long-term care homes, and 60 per cent of retirement homes, are already sprinklered, and that others plan to proactively sprinkler well ahead of the compliance deadlines. Committed to Working Together This new strategy will help reduce impacts of fire on occupants and property through a multi- pronged approach of enhanced inspections, enhanced training and fire safety retrofits. It will also help the fire service be better able to pre-plan so that they will be better prepared to respond to a fire in one of these occupancies. Their role is a crucial part of this integrated strategy. It remains the responsibility of facility owners and operators in all municipalities to ensure their buildings are in full compliance with the changes to Ontario's fire safety regulations. As listed above, mandatory sprinklers are but one part of these regulations. My Office will continue to support municipalities, local fire services, facility owners and operators by providing advice and assistance, hands-on training and ongoing communication about upcoming deadlines to ensure all care occupancies, care and treatment occupancies and licensed retirement homes are in compliance with the new rules. To learn more about the work 3 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL February 24,2014 Prompt Payment Act, 2013-Immediate Municipal Action Required Bill 69, The Prompt Payment Act, 2013 has been referred to the Standing Committee on Regulations and Private Bills of the Ontario Legislature. Municipalities are urged to write to the members of the Standing Committee, the party leaders and their local MPPs. Following is a sample letter municipalities can use to voice their concerns. The Prompt Payment Act, a Private Members Bill proposed by Liberal MPP Steven Del Duca will set strong limits on municipalities' freedom of contract for construction and infrastructure projects if it is passed without amendment. To ensure contractors and sub-contractors are paid quickly when they undertake work, the Act would: • Amend all construction contracts to conform -no ability to negotiate payment terms; • Eliminate any hold-back (including warranty and maintenance) beyond that allowed under the Construction Liens Act and allow one day to release that hold back; • Not permit payments tied to contract or construction milestones; • Require progress payments every 31 days or less; • Deem payment applications as accepted within I 0 days unless the payer provides written notice and full particulars; • Payment applications can be based on services performed or materials delivered -or services and materials to be supplied; • Allow suspension or termination of a contract if progress payments are not paid on time; and • Allow contractors to request financial information regarding the construction owners' viability to undertake a project without limit. Bill 69 provides for extremely short payment timelines that will not allow for appropriate review of work and certification of the payments process. The Bill could result in costly work stoppages and restarts and potential litigation to settle disputes. AMO is requesting that Bill 69, The Prompt Payment Act, 2013 be amended to allow municipalities to continue to exert prudent stewardship over public financial resources by: • reflecting more realistic timelines for payments in infrastructure projects; • allowing time for due diligence before accepting work and certifying payments; and • allow payments to continue to be tied to project milestones; AMO Contact: Craig Reid, Senior Advisor, E-mail creid@amo.on.ca, 416.971.9856 ext. 334. Members ofthe Standing Committee on Regulations and Private Bills c/o Valerie Quioc Lim, Committee Clerk valerie quioc@;ontla.ola.org Local MPPs Dear ( ): Re: Bill 69, The Prompt Payments Act, 2013 -An Act respecting payments made under contracts and subcontracts in the construction industry I am writing to you today regarding Bill 69, The Prompt Payments Act, 2013. This legislation will have significant impacts on my municipalities' ability to manage taxpayer funds prudently in construction and infrastructure contracts. If it is passed as is, Bill 69 could negatively impact municipalities, other public sector organizations, provincial government ministries and agencies as well as potentially residents and homeowners. In particular, Bill 69 will limit our ability to contract for the best payment arrangements to safeguard public funds in each construction project we manage. It imposes unrealistic and imprudent timelines for payment and to review work and certify payments; limits our ability to hold back reserves for warranty and maintenance; and does not reflect the complex nature of financial arrangements under large infrastructure projects. As a result, we are requesting that Bill 69 be amended to: • reflect more realistic timelines for payments in infrastructure projects; • allow time for due diligence before accepting work and certifying payments; and • allow payments to continue to be tied to project milestones; Sincerely, (Name) cc: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing Steven DelDuca, MPP, Vaughan Andrea Horwath, NDP Leader Tim Hudak, PC Leader From: AMO Communications [communicate@amo.on.ca] Sent: 03/04/2014 11:01 PM GMT To: John Lessif Subject: AMO Breaking News -Joint and Several Liability TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL March 4, 2014 Legislature Supports Motion on Municipal Liability Reform -More Municipal Action Needed On February 27, 2014, MPPs from all parties supported a motion calling on the government to reform joint and several liability. Passage of this resolution marks a significant milestone in the municipal campaign for reform. Now that the issue has captured the attention of the Legislature, it is time for your municipality to consider the endorsement of a more detailed legislative solution. Nearly 200 municipalities supported the motion introduced by Randy Pettapiece, MPP for Perth-Wellington which called on the government to implement a comprehensive, long-term solution no later than June 2014. Many more also wrote to the Attorney General, the Honourable John Gerretsen in response to AMO's February 7, 2014 call for support. Currently, the Ministry of the Attorney General is consulting municipalities and the legal community on a comprehensive long-term solution. The Ministry describes three options below: The Saskatchewan model: This modification to joint and several liability was adopted in Saskatchewan in 2004. Under the Saskatchewan model, where there is a shortfall due to one defendant being insolvent and the plaintiff's own negligence contributed to the harm, the shortfall is to be divided among the remaining defendants and the plaintiff in proportion to their fault. This model would apply to all types of defendants in all types of negligence claims. The Multiplier model: In road authority cases (auto accident cases in which a municipality is sued for breach of duty to maintain a public road), where there is a shortfall due to one defendant being insolvent, the municipality would never be liable for more than two times its proportion of damages, even if this means that a plaintiff does not fully recover. Because this rule has the potential to result in a seriously injured plaintiff being unable to fully recover, the proposal would be limited to municipalities and to the specific subset of cases that municipalities tell us impose the most significant and unfair burden-road authority cases. The Combined model: The Saskatchewan model and the Multiplier model could be combined. In a case in which both models would apply-a road authority case involving contributory negligence on the part of the plaintiff-the Saskatchewan model would be applied first. The Multiplier model would be applied if needed to ensure that the municipality would not be liable for more than two times its proportion of damages. AMO supports the adopted of the "Combined model" listed above. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances. It is a significant incremental step to address a pressing municipal ISSUe. The Ministry of the Attorney General is seeking your comments by April 16, 2014. We urge all municipalities to express their support for this combined model. This includes municipalities which supported either the Pettapiece motion or AMO's form letter of February 7, 2014. Below is a draft letter for municipalities to submit to the provincial government by April 16,2014. Please add your community's voice of support to this solution. The Honourable Kathleen Wynne Premier of Ontario Legislative Building -Room 281 Queen's Park Toronto ON M7 A 1A1 The Honourable John Gerretsen Attorney General McMurtry-Scott Building 720 Bay Street -11th Floor Toronto ON M7 A 2S9 The Honourable Linda Jeffrey Minister of Municipal Affairs and Housing 777 Bay Street -17th Floor Toronto ON M5G 2E5 Dear Premier, Attorney General, MMAH Minister: [I or we] support the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities. Specifically, we understand three options are under consideration -the Saskatchewan Model, the Multiplier Model, or a third model which combines both. I write to you in support ofthis third Combined Model as described by AMO's March 4, 2014 policy update. We support AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. For this reason, [I or we] support the adoption of the Combined Model under consideration. We strongly encourage the government to immediately proceed with legislation which gives effect to this model. Sincerely, Name cc: AMO AMO Contact: Matthew Wilson, Senior Advisor, 416-971-9856 Ext. 323 or mwilson~amo.on.ca. ------.._ ____ ____ Corporation of the Municipality of Thames Centre 4305 Hamilton Road, Dorchester, Ontario NOL I G3 -Phone 519-268-7334 --Fox 519-268-3928 -www.thomescentre.on.ca -inquiries@thamescentre.on.co February 19, 2014 By Email: JimVerwer@huroniawelding.com Jim Verwer Councillor Ward 3 Township of Zorra RE: SCHOOL CLOSINGS Dear Councillor Verwer and Mr. Ryan, By Email: marcusrvan27@gmail.com Marcus Ryan SAVE A.J. Baker Committee At its last regular meeting held on February 13, 2014, the Council reviewed your request for support of the resolution enacted by the Township of Zorra regarding school closings in Zorra Township. As you are aware, the Members of Council expressed concerns regarding school closings as well and enacted the following resolution: "RESOLVED THAT all school closings in any municipality be stopped, and that any School Board commit to providing education based on the premise that: Fair is not that everyone gets the same, fair is that everyone gets what they need; AND THAT a process be established whereby educational benefits must be proven to the students and broader social costs are considered and quantified before decisions are made to close schools; AND THAT this resolution be forwarded to the Thames Valley District School Board Chair and Trustees, the Minister of Education, the Premier, the Rural Ontario Municipal Association, Ontario Ministry of Agriculture, Food and Rural Affairs, M.P.P. Ernie Hardeman, M.P.P. Jeff Yurek, and Oxford County member municipalities for their endorsement." On behalf of the Members of Council, I wish you every success with your endeavor to get a better process in place before decisions are made to close schools. Ministry of Community Safety and Correctional Services Office of the Fire Marshal and Emergency Management 77 Wellesley Street West Box222 Toronto ON M7 A 1 N3 Tel: 416-314-3723 Fax: 416-314-3758 February 18, 2014 Town of Tillsonburg His Worship John Lessif 200 Broadway 2nd Floor Tillsonburg ON N4G 5A7 Dear Mayor Lessif: Ministere de Ia Securite communautaire et des Services correctionnels Bureau du commissaire des incendies et de Ia gestion des situations d'urgence 77, rue Wellesley Ouest C.P. 222 Toronto ON M7A 1 N3 Tel.: 416-314-3723 Telec.: 416-314-3758 ('~ t?ontario The Office of the Fire Marshal and Emergency Management (OFMEM) has conducted an annual review of your municipal emergency management program and its elements. Municipalities are required, in accordance with the Emergency Management and Civil Protection Act (EMCPAJ to provide the following: Municipal emergency management programs 2.1 (1) Every municipality shall develop and implement an emergency management program and the council of the municipality shall by by-law adopt the emergency management program. 2002, c. 14, s. 4. Same .(g} The emergency management program shall consist of, (a) an emergency plan as required by section 3; (b) training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities; (c) public education on risks to public safety and on public preparedness for emergencies; and (d) any other element required by the standards for emergency management programs set under section 14. 2002, c. 14, s. 4. Based on our review of your emergency management program and its elements, your municipality has complied with all of the following requirements of the EMCPA: Community Emergency Management Coordinator (CEMC) appointed O.Re .380/04,s.10 1 Tillsonburg & District Multi-Service Centre (MSC) (in the Livingston Centre) 96 Tillson Avenue, Tillsonburg, ON N4G 3A1 Phone: (519) 842-9000 Fax: (519) 842-4727 Email: info@multiservicecentre.com www. multiservicecentre.com Serving the Community since 1978 -Celebrating 35 years in 2013 February 20, 2014 Corporation of the Town of Tillsonburg John Lessif 200 Broadway, 2nd Floor Tillsonburg Town Centre Tillsonburg , Ontario N4G5A7 Dear John Lessif: On behalf of the Multi-Service Centre (MSC), we would like to extend a sincere thank you for your support. Date 17 /09/2013 Amount $5000 Campaign Tracking# 2525 Your contribution will help to support our programs, which include Home Support Services, Literacy & Essential Skills and Employment Services. Our primary focus is to provide much-needed client services. While we do receive regular funding in some of our programming areas , we also actively fundraise to provide enhanced services or to meet unfunded or underfunded service gaps. Fund raising also enables us to meet budget requirements and to plan for future needs. We encourage and appreciate our supporters. We commend your investment in the Multi-Service Centre, in its services, in the communities , and in the clients that we serve. Should you have any comments or questions regarding your contribution, please contact the Multi-Service Centre at (519) 842-9008 Ext 270 . Sincerely, ~ ~u; 1.~~fou Valerie Foerster, Board of Directors Fundraising Coordinator MSC does not sell, rent or trade your information with any other organizations or individuals. If you wish to be removed from Published MSC documents (e.g., Annual Reports) please call 519-842-9008, ext. 270. Please send your email address to: mvandenberghe@multiservicecentre.com if you wish to receive updates and information! Mission A community organization committed to supporting personal independence through: • Innovative and re sponsive resources • Partnerships and collaboration • Striving for excellence Vision Embracing Persona/Independence • Celebrating a Caring Community Town ofTillsonburg Tillsonburg, On February 28, 2014. fl~cmfuvu; ewdimJ efu& 9Joa: 72 fJ i££6 cm&v«J, {!)nfattUJ. .N4(J4:Jt3 Mr. Mayor, Members of Council. On behalf of the Tillson burg Curling Club I would like to thank you for your continued sponsorship of the Tobacco Belt Bonspiel. This is a premiere curling event in our club and was a great success once again this year, thanks especially to our generous sponsors. We are very grateful for your continued support of this event and hope that we can look forward to your sponsorship again next year. Sincerely, Wm. Young Convenor