The URL can be used to link to this page

12052014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday May 12,2014 6:00PM Council Chambers Chair: Dave Beres ll I I MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Orders of the Day: CALL TO ORDER ATTENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk ' ' ,. TQwn of· 1'I:IIIs<i·r1t.iurg Cot.rrto(t;Me~ting Mond~···Miw.·'~1':~1+s=®PM Cl(luncil>Qhambers · Chait:.•·f)av~:s~tes Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of May 14, 2014, be adopted. "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 051214 Page 1 MINUTES: Meeting for the Committee "Open Council" Resolution No.4: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives the Asset Management Plan for the Town of Tillsonburg. "Carried" INFORMATION ITEMS 7. The Beer Store Correspondence Re Privatization !;! 8. Ministry of Citizenship and Immigration Correspondence Re Ontario Medal for Good Citizenship ~ 9. Cement Association of Canada Correspondence [11 10. AMO Correspondence -Province Releases Document Moving Forward on Rural Matters I) 11. AMO Correspondence -New Presumptive Cancers for Firefighters Announced CJ Staff to bring additional information regarding costs to a subsequent Council meeting. 12. MPAC 2013 Annual Report and Financial Statements CJ 13. Township of Muskoka Lakes Resolution -Land Titles Registry System CJ 14. Central Algoma Joint Disaster Relief Committee Request for Donations Correspondence CiJ 15. Ministry of Tourism. Culture and Sport Correspondence re Culture Development Fund CJ CHIEF ADMINISTRATIVE OFFICER Page 3 MINUTES: Meeting for the Committee "Open Council" 20. FIN 14-21 2014 Budgetary Estimates and Tax Rates[) Presented By: David Calder, CAO Resolution No.8: Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council receives report FIN 14-21 2014 Budgetary Estimates and Tax Rates; AND THAT By-Law 3820 to provide for the adoption of 2014 budgetary estimates, tax rates, installment due dates and further to provide for penalty and interest on default of payment be brought forward for Council consideration. "Carried" 21. FIN 14-20 Bank Signing Authorities[) Presented By: David Calder, CAO Resolution No.9: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives report FIN14-20 Bank Signing Authorities; AND THAT Council hereby appoints the following as designated signing authorities for the Town's general banking needs: Mayor Dave Beres or Deputy Mayor Mark Renaud; and one of the following: Director of Finance!Treasurer, Darrell Eddington; or Deputy Treasurer, Ken Patterson. "Carried" OPERATIONS 22. OPS14-10 Fuel Tender Results [}! Presented By: Steve Lund, Director of Operations Resolution No.1 0: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Report OPS 14-10 as information; THAT Council accepts the Elgin Middlesex Oxford Purchasing (EMOP) co-op tender report and participates in the 3 year contract awarded to Dowler Karn/ESSO fuels. "Carried" PARKS & RECREATION SERVICES 23. PRS 14-13 Awarding Services Contract for CIA Project Coordinator [) Presented By: Rick Cox, Director of Parks and Recreation Resolution No.11: Page 5 MINUTES: Meeting for the Committee "Open Council" THAT By-Law 3820, to Provide for Budgetary Estimates and Tax Rates for 2014, By-Law 3821, to Authorize a Professional Services Contract Agreement Between the Corporation of the Town of Tillsonburg and Mary-Anne Murphy, By-Law 3822, to Authorize a Funding Agreement Between the Corporation of the Town of Tillsonburg, Her Majesty The Queen In Right of Ontario (Community Policing Partnerships), [11 By-Law 3823, to Authorize a Funding Agreement Between the Corporation of the Town of Tillsonburg, Her Majesty The Queen In Right of Ontario (Safer Communities), and CJ By-Law 3824, to confirm the proceedings of Council at its meetings held on the 12th day of May 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. CJ "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 7:56PM "Carried" Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Tuesday May 13, 2014 02:41 PM) David Calder/Tillsonburg (Thursday May 15, 2014 11:23 AM) Town ofTillsonburg Page 7 MINUTES: Meeting for the Committee "Open Council" Review Access: 0 Public e Private Town of Tillson burg Couflcil Meeting on Monday April 28, 2014 06:00 PM Council Chambers Orders of the Day: CALL TO ORDER ATIENDANCE 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 Darrell Eddington, Director of Finance Steve Lund, Director of Operations Clilairt: John Lessif. Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of April 28, 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: 042814 Personal matter about an identifiable individual, including municipal or local board employees (Parks and Recreation Services) Page 1 MINUTES: Meeting for the Committee "Open Council" Presented By: Irene Hurley, Footprints in the Sand Committee Footprints -April 28 Council.docx Irene Hurley, from the Footprints in the Sand Committee, informed Council of the planned activities to mark the 50th Anniversary of the poem Footprints in the Sand. PUBLIC MEETINGS The Deputy Mayor assumed the role as Chair for the Public Meeting at 6:49 p.m. 4. Committee of Adjustment Application A-02/14 Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-02/14 Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. The Committee of Adjustment passed the following resolution: Resolution No.5: Moved By: Councillor Beres Seconded By: Councillor Stephenson RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-02/14 for 63 Denrich Avenue, subject to the following conditions: 1) That the existing detached accessory building be removed, to the satisfaction of the Town of Tillsonburg Building Services Department; and 2) A building permit for the proposed accessory building shall be obtained within one year of the date of the Committee's decision. "Carried" Mayor Lessif reassumed the role as Chair at 6:57 pm. INFORMATION ITEMS 5. New AMO Task Force on Police Modernization ~ 6. Ministry of Energy Correspondence Re: Ontario's Local Energy Planning Initiatives iY) QUARTERLY REPORTS Page 3 MINUTES: Meeting for the Committee "Open Council" Staff to investigate the feasibility of completing all objectives simultaneously. Resolution No.1 0: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives OPS14-08-First Quarter 2014 Operations Services Report as information. "Carried" 12. PRS 14-10 First Quarter 2014 PRS Department Results CLERK ~ PRS 14-1 0-2014 PRS First Quarter Report.pdf Resolution No.11: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report PRS 14-10 First Quarter 2014 PRS Department Results as information. "Carried" 13. CL 14-11, Advance Polls [b1) Presented By: Donna Wilson, Town Clerk Resolution No.12: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report CL 14-11 Advance Polls; AND THAT By-Law 3814, to provide for advance votes to be held prior to voting day be brought forward for Council consideration. "Carried" DEVELOPMENT & COMMUNICATIONS 14. DCS 14-25 Sign By-Law i1J) Presented By: Gena Vanhaelewyn, Chief Building Official Resolution No.13: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive Report DCS 14-25 Sign By-Law for information ; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillsonburg is brought forward for Council consideration. "Carried" FINANCE Page 5 MINUTES: Meeting for the Committee "Open Council" COMMITTEE MINUTES & REPORTS 19. Long Point Region Conservation Authority 2014 AGM Minutes [lj) 20. Committees of Council Minutes ~ NOTICE OF MOTION Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council waive section 1 0.1.1 of Procedural By-Law 3511, in order to proceed with the following motion at this meeting rather than at a subsequent council meeting; THAT a Special Council Meeting be held on Friday, May 2, 2014 at 8:30a.m. in order to declare the Mayor vacancy and to proceed with the process to fill that vacancy. "Carried" BY-LAWS 21. By-Laws for the Meeting of April 28, 2014 Resolution No.17: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3810, to Establish and Maintain Clean and Clear Lands in the Town of Tillson burg, ~ By-Law 3814, to Provide for Advance Votes to be Held Prior to Voting Day,~ By-Law 3816, to Enter into A Municipal Funding Agreement with The Association of Municipalities of Ontario, and IQ} By-Law 3815, to confirm the proceedings of Council at its meetings held on the 28th day of April, 2014, be read for a first and second time and this constitutes the first and second reading thereof.O "Carried" Resolution No.18: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3810, to Establish and Maintain Clean and Clear Lands in the Town of Tillson burg, By-Law 3814, to Provide for Advance Votes to be Held Prior to Voting Day, By-Law 3798, to Regulate Signs and Other Advertising Devices of a Commercial Nature in the Town of Tillson burg, !Ill By-Law 3816, to Enter into A Municipal Funding Agreement with The Association of Municipalities of Ontario, and By-Law 3815, to confirm the proceedings of Council at its meetings held on the 28th day of April, 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 Page 7 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Orders of the Day: MINUTES Town o~ Tillsonburg Special Council Meeting on Friday May 2, 2014 08:30AM Council Cbarn~bers Chair: Deputy Mayor Renaud The meeting was called to order at 8:30a.m. ATTENDANCE Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty Councillor Chris Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of May 2, 2014, be adopted. "Carried" MOTIONS 1. Declaration of Vacancy fY) m Mayor Lessif Resignation.pdf Resolution No.2: Moved By: Councillor Rosehart Seconded By: Councillor Getty 050214 Page 1 MINUTES: Meeting for the Committee "Open Council" "Carried" MOTIONS 5. Declaration of Vancancy ~ Resolution No.5: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare a councillor position to be vacant. "Carried" 6. Process for filling Council Vancancy jg) Resolution No.6: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001 , fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option B, as captured in Report CL 14-12. "Carried" BY-LAWS 7. By-Laws for the Meeting of May 2, 2014 Resolution No.7: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By~Law 3817, to appoint a Mayor for the Town ofTillsonburg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 2014, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No.8: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3817, to appoint a Mayor for the Town of Tillsonburg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 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" ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 9:23a.m. Page 3 Delegation to Tillsonburg Town Council Presenter: Patty Phelps (Curator, Annandale National Historic Site Oxford Remembers Oxford's Own With the June 28, 1914 assassination of Archduke Franz Ferdinand of Austria, a major diplomatic crisis developed. International alliances that had formed over several decades were invoked and within weeks, the major powers were at war. Soon, the conflict spread around the world. On August 5, 1914, Britain declared war on Germany and called upon all of her Dominions to follow suit. Later that day, the Governor General of Canada declared war as a formality and this country began to mobilize. To commemorate the 1001h Anniversary of World War One, there will be 100 special events and programs hosted throughout Oxford County. These events are being organized and implemented in five areas of the County by staff and volunteers of the Museums, Archives, Libraries and Historical Societies along with any and all interested partners. The five areas reflect the 4 Companies of the 168th Battalion -"Oxford's Own", which was formed during the First World War. These four Companies include Company A -Woodstock, Company B -Ingersoll, Company C-Tillsonburg, and Company D-Tavistock, along with Norwich which has been added to reflect the unique Quaker history of the area and the story of the conscientious objector. Twenty commemorative events and/or programs will occur within the County each year, between June 28th, 2014 and November 11, 2018, resulting in a total of 100 special memorial functions during this period. It is hoped that this project will raise awareness of the past achievements and sacrifices made by Oxford's citizens on both the home front and the war front during "the War to End all Wars" - WWI. Cultural Advisory Committee recommendation 2014 Canada Day Festival of Music fundi... Page 1 of 1 May 6, 2014 Tillson burg Town Council 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 RE: Committee Resolution-application for funding Canada Day Festival of Music At the Cultural Advisory Committee Meeting of March 8, 2014, the Committee passed the following resolution: 'Recommend to Council to support the application by the Canada Day Festival of Music in the amount of $500' The Committee would appreciate your consideration in supporting this venue as per the enclosed resolution. Thank you for your consideration in the matter. Regards, Deb Beard, Chair Cultural Advisory Committee 519-842-6151 office@stationarts.ca file:///C:IU sers/MCarr/ AppData/Local/Temp/notesBCAFE9/~ 3000287 .html 17/06/2015 The Corporation of the Town of Tillson burg MEMO TO: Members of Council FROM: DATE: Bob McCormick, Chair, Parks & Recreation Advisory Committee 2014-May-02 RE: Update on "A Vision for Memorial Park" consultation process Members of Council: The public consultation process this Committee has followed over the past two months included a survey (available online & on paper), a neighbourhood meeting, and a meeting with stakeholders. To date, almost 180 survey responses have been received. Preliminary evaluation of the responses showed that very few youth participated, so the Committee has arranged with staff for some targeted activity to get more youth response. The common threads that have been identified as running through the responses to the survey as well as input from the neighbourhood and stakeholder meetings are: • Residents are very proud of and passionate about Memorial Park • The revitalization of Memorial Park needs to be done • The Town should continue to support the revitalization of Lake Lisgar • The Town should maintain and care for existing facilities • The site should be developed in a way that improves the natural green space • Planned site changes should be community event friendly • The racetrack limits flexibility to use the space differently • The parking needs to be reorganized so it works better • The Town should address a number of operational issues (ie. Better signage, more public washrooms, more garbage cans, etc) The Committee is hosting a Public Open House on Thursday, May 22, at 6:30pm in the Lions Den at the Community Centre to report back to the public about what we have heard. We invite all members of Council to come to that event. Respectfully Submitted, Bob McCormick, Chair Parks & Recreation Advisory Committee THE ASSET MANAGEMENT PLAN FOR THE TOWN OF TILLSONBURG 2013 THE TOWN OF TILLSON BURG 10 LISGAR AVE TILLSON BURG, ONTARIO, N4G 5A5 SUBMIITED DECEMBER 2013 BY PUBLIC SECTOR DIGEST 148 FULLARTON STREET, SUITE 1410 LONDON, ONTARIO, N6A 5P3 December 2013 The Town of Tillsonburg 1 0 Lisgar Ave Tillsonburg, Ontario, N4G 5A5 PUBUC SECTOR DlGEST INTELLIGEKCE FOR THE PUBLIC SECTOR. 148 Fullarton Street. Suite 141 0 London, Ontario, N6A 5P3 T: 519.690.2565 F: 519.649.2010 www .publicsectordigest .com www .citywidesolutions.com We are pleased to submit the 2013 Asset Management Plan (AMP) for the Town of Tillsonburg. This AMP complies with the requirements as outlined within the provincial Building Together Guide for Municipal Asset Management Plans. It will serve as a strategic, tactical, and financial document, ensuring the management of the municipal infrastructure follows sound asset management practices and principles, while optimizing available resources and establishing desired levels of service. Given the broad and profound impact of asset management on the community, and the financial & administrative complexity involved in this ongoing process, we recommend that senior decision-makers from across the organization are actively involved in its implementation. The performance of a community's infrastructure provides the foundation for its economic development, competitiveness, prosperity, reputation, and the overall quality of life for its residents. As such, we are appreciative of your decision to entrust us with the strategic direction of its infrastructure and asset management planning, and are confident that this AMP will serve as a valuable tool. Sincerely, The Public Sector Digest Inc. Matthew Dawe Vice President mdawe@pu blicsectordigest .com lsrar Ahmad Managing Editor iahmad@publicsectordigest.com THE ASSET MANAGEMENT PLAN FOR THE TOWI'-1 OF TILLSONBURG Table of Contents 1.0 Executive Summary ............................................................................................................................................... 4 2.0 Introduction ............................................................................................................................................................ 7 2.1 Importance of Infrastructure ....................................................................................................................................................... 7 2.2 Asset Management Plan (AMP) -Relationship to Strategic Plan .......................................................................................... 8 2.3 AMP-Relationship to other Plans ............................................................................................................................................... 8 2.4 Purpose and Methodology .........................................................................................................•............................................... 9 2.5 CityWide Software alignment with AMP ............................................•.......................................•......•...................................... 11 3.0 State of the Infrastructure (SOTI) ......................................................................................................................... 12 3.1 Objective and Scope ................................................................................................................................................................. 12 3.2 Approach .....................................................................................................................................•............................................... 12 3.2.1 Base Data .........................................•..................................................................................................................•....................................... 12 3.2.2 Asset Deterioration Review ............................................•..................................................................................•........................................ 12 3.2.3 Identify Sustainable Investment Requirements ........................................................................................................................................ 13 3.2.4 Asset Rating Criteria ...........................................................................................................•........................................................................ 13 3.2.51nfrastructure Report Card ...............................................•................................................•.•........................................................................ 13 3.2.6 General Methodology and Reporting Approach ................................................................................................................................... 14 3.3 Road Network .............................................................................................................................................................................. 16 3.3.1 What do we own? ................................................................................................... . 3.3.2 What is it worth? .......................................................................................................•.. ·······························•·················•··················· 16 . ...................•............................••.................. 16 3.3.3 What condition is it in? ..................................................................................•...................•••........................................................................ 1 7 3.3.4 What do we need to do to it? .....................................................................................................................•.............................................. 18 3.3.5 When do we need to do it? ............................................••....................................•............•..............................................................•........ 18 3.3.6 How much money do we need?............................... . ...................................................................................................................... 19 3.3.7 How do we reach sustainability? .................................................................•............................................................................................ 19 3.3.8 Recommendations ...................................................................................................................................................................................... 20 3.4 Gravel Roads-Maintenance Requirements ......................................................................................................................... 21 3.4.1 Introduction ................................................................................................................................................................................................... 21 3.4.2 Maintaining a Good Cross Section ............................................................................................................................................................ 21 3.4.3 Grading Operations .................................................•.................................................................................................................................. 22 3.4.4 Good Surface Gravel ...............................................•................................................................................................................................. 22 3.4.5 Dust Abatement and stabilization ............................................................................................................................................................ 22 3.4.6 The Cost of Maintaining Gravel Roads ........................................................................................•........................................................... 22 3.4.7 Minnesota Study (2005) ............................ . 3.4.8 South Dakota study (2004) ............................ . ······························································••·················•········································ 22 ···········································································•················•········································ 23 3.4.9 Ontario Municipal Benchmarking Initiative (OMBI) ........................................................................................................•..................... 23 3.4.1 0 Conclusion .................................................................................................................................................................................................. 23 3.5 Bridges & Culverts ....................................................................................................................................................................... 25 3.5. 1 What do we own? ...................................................................•.................................................................................................................... 25 6.6 Project Prioritization ..................................................................................................................................................................... 49 6.6.1 Risk Matrix and Scoring Methodology ....................................................................................................................................................... 49 7.0 Financial Strategy ................................................................................................................................................ 52 7.1 General overview of financial plan requirements ................................................................................................................. 52 7.2 Financial information relating to Tillsonburg's AMP ............................................................................................................... 53 7.2.1 Funding objective ......................................................................................................................................................................................... 53 7.3 Tax funded assets ........................................................................................................................................................................ 53 7.3.1 Current funding position .............................................................................................................................................................................. 53 7.3.2 Recommendations for full funding ............................................................................................................................................................. 54 7.4 Use of debt ................................................................................................................................................................................... 55 7.6 Use of reserves ............................................................................................................................................................................. 57 7.6.1 Available reserves ......................................................................................................................................................................................... 57 7.6.2 Recommendation ........................................................................................................................................................................................ 58 8.0 Appendix A: Report Card Calculations ............................................................................................................. 59 3 While the municipality is responsible for the strategic direction, it is the taxpayer in Tillson burg who ultimately bears the financial burden. As such, a 'cost per household' (CPH) analysis was conducted for each of the asset classes to determine the financial obligation of each household in sharing the replacement cost of the municipality's assets. Such a measurement can serve as an excellent communication tool for both the administration and the council in communicating the importance of asset management to the citizen. The diagram below illustrates the total CPH, as well as the CPH for individual asset classes . Infrastructure Replacement Cost Per Household Total: $22,679 per household Total Replacement Cost: $117,368,175 Cost Per Householc:l: $16,613 In assessing the municipality's state of the infrastructure, we examined, and graded, both the current condition (Condition vs. Performance) of the asset classes as well as the municipality's financial capacity to fund the asset's average annual requirement for sustainability (Funding vs. Need). We then generated the municipality's infrastructure report card. The municipality received a cumulative GPA of 'F', with an annual infrastructure deficit of $2.8 million. Tillsonburg received an 'F' on the Funding vs. Need dimension for all three asset classes analyzed in this document, funding 0% of its annual infrastructure requirements for both the bridges & culverts assets, and its storm network. The town is funding only 18% of its annual requirements for its road network. Tillsonburg's grades on the Condition vs. Performance for the three asset classes were better. Based on field condition data, the town received a 'C' on its road and storm network and a 'B' on its bridges & culverts. While a grade of 'B+' implies only minor deterioration in assets, a grade of 'C', is indicative of significant deterioration and a possible compromise in asset function. It also signals substantial demand on the municipality in the short term. For example, based on field condition assessment data, there is a significant portion of the road network in poor and critical condition, generating a backlog of needs totaling approximately $21 million in the next 5 years. Similarly, for the bridges & culverts assets, there are needs (generally culverts) to be addressed within the next 10 years totaling approximately $7.4 million. In order for an AMP to be effectively put into action, it must be integrated with financial planning and long- term budgeting. We have developed scenarios that would enable Tillsonburg to achieve full funding within 5 years or 10 years for the town's road network (paved roads), bridges & culverts, and storm sewer network. 5 2.0 Introduction This Asset Management Plan meets all provincial requirements as outlined within the Ontario Building Together Guide for Municipal Asset Management Plans. As such, the following key sections and content are included: 1. Executive Summary and Introduction 2. State of the Current Infrastructure 3. Desired Levels of Service 4. Asset Management Strategy 5. Financial Strategy The following asset classes are addressed: 1. Road Network: Paved and gravel 2. Bridges & Culverts: Bridges and large culverts with a span greater than 3m 3. Storm Sewer Network: Storm sewer mains, manholes Municipalities are encouraged to cover all asset classes in future iterations of the AMP. This asset management plan will serve as a strategic, tacticaL and financial document ensuring the management of the municipal infrastructure follows sound asset management practices and principles, while optimizing available resources and establishing desired levels of service. At a strategic level, within the State of the Current Infrastructure section, it will identify current and future challenges that should be addressed in order to maintain sustainable infrastructure services on a long-term, life cycle basis. It will outline a Desired Level of Service {LOS) Framework for each asset category to assist the development and tracking of LOS through performance measures across strategic, financiaL tacticaL operationaL and maintenance activities within the organization. At a tactical level, within the Asset Management Strategy section, it will develop an implementation process to be applied to the needs-identification and prioritization of renewaL rehabilitation, and maintenance activities, resulting in a 1 0 year plan that will include growth projections. At a financial level, within the Financial Strategy section, a strategy will be developed that fully integrates with other sections of this asset management plan, to ensure delivery and optimization of the 1 0 year infrastructure budget. Through the development of this plan, all data, analysis, life cycle projections, and budget models will be provided through the Public Sector Digest's CityWide suite of software products. The software and plan will be synchronized, will evolve together, and therefore, will allow for ease of updates, and annual reporting of performance measures and overall results. This will allow for continuous improvement of the plan and its projections. It is therefore recommended that the plan be revisited and updated on an annual basis, particularly as more detailed information becomes available. 2.1 Importance of Infrastructure Municipalities throughout Ontario, large and smalL own a diverse portfolio of infrastructure assets that in turn provide a varied number of services to their citizens. The infrastructure, in essence, is a conduit for the various public services the municipality provides, e.g., the roads supply a transportation network service; the water infrastructure supplies a clean drinking water service. A community's prosperity, economic development, competitiveness, image, and overall quality of life are inherently and explicitly tied to the performance of its infrastructure. 7 The following diagram depicts the approach and methodology, including the key components and links between those components that embody this asset management plan: (]) > (]) (]) ~ <( It can be seen from the above that a municipality's infrastructure planning starts at the corporate level with ties to the strategic plan, alignment to the community's expectations, and compliance with industry and government regulations. Then, through the State of the Infrastructure analysis, overall asset inventory, valuation, condition and performance are reported. Also, a life cycle analysis of needs for each infrastructure class is conducted. This analysis yields the sustainable funding leveL compared against actual current funding levels, and determines whether there is a funding surplus or deficit for each infrastructure program. The overall measure of condition and available funding is finally scored for each asset class and presented as a star rating (similar to the hotel star rating} and a letter grade (A-F) within the Infrastructure Report card. From the lifecycle analysis above, the municipality gains an understanding of the level of service provided today for each infrastructure class and the projected level of service for the future. The next section of the AMP provides a framework for a municipality to develop a Desired Level of Service (or target service level} and develop performance measures to track the year-to-year progress towards this established target level of service. 9 The plan will be built and developed hand in hand with a database of municipal infrastructure information in the CityWide software suite of products. The software will-ultimately contain the municipality's asset base, valuation information, life cycle activity predictions, costs for activities, sustainability analysis, project prioritization parameters, key performance indicators and targets, l 0 year asset management strategy, and the financial plan to deliver the required infrastructure budget. The software and plan will be synchronized, and will evolve together year-to-year as more detailed information becomes available. This synchronization will allow for ease of updates, modeling and scenario building, and annual reporting of performance measures and results . This will allow for continuous improvement of the plan and its projections. It is therefore recommended that it is revisited and updated on an annual basis. The following diagram outlines the various CityWide software products and how they align to the various components of the AMP. ([) > ([) ([) '--<( 11 CITYWIDE TANGIBLE ASSETS ~CITYWIDE ~WORKS ~CITY WIDE u CAPITAL PLANNING & ANALYSIS M CITYWIDE ~GIS ~CITYWIDE ~PERFORMANCE 3.2.3 Identify Sustainable Investment Requirements A gap analysis was performed to identify sustainable investment requirements for each asset category. Information on current spending levels and budgets was acquired from the organization, future investment requirements were calculated, and the gap between the two was identified. The above analysis is performed by using investment and financial planning models, and life cycle costing analysis, embedded within the CityWide software suite of applications. 3.2.4 Asset Rating Criteria Each asset category will be rated on two key dimensions: • Condition vs. Performance: Based on the condition of the asset today and how well performs its function. • Funding vs. Need: Based on the actual investment requirements to ensure replacement of the asset at the right time. versus current spending levels for each asset group. 3.2.5 Infrastructure Report Card The dimensions above will be based on a simple 1-5 star rating system, which will be converted into a letter grading system ranging from A-F. An average of the two ratings will be used to calculate the combined rating for each asset class. The outputs for all municipal assets will be consolidated within the CityWide software to produce one overall Infrastructure Report Card showing the current state of the assets. Grading Scale: Condition vs. Performance What is the condition of the asset today and how well does it perform its function? Star Rating letter Grade Description Grading Scale: Funding vs. Need Based on the actual investment requirements to ensure replacement of the asset at the right time, versus current spending levels for each asset group. Star Rating letter Grade Description ***** A Excellent: 91 to 100% of need **** 8 Good: 7 6 to 90% of need *** I c Fair: 61 to 75% of need r I ** D Poor: 46-60% of need I 1---------·~ --_, * F Critical: under 45% of need _ _j L_ __ __j ---------- 13 3.3 Road Network INFRASTRUCTURE REPORT CARD GRADE ) 15 ) The pie chart below provides a breakdown of each of the network components to the overall system value. Collector Residential: $6,953,631.28 I Local-Commercial/Industrial: $10,580,185.93(9.01")------,_ 3.3.3 What condition is it in? Road Network Components ~--------<•ll••cto,·Co<nme,dal,llnd•""''''$5,984,357.38{5.10%) Arterial: $23,005,51L31 (19.60%) f.-Tr.•ffl"agns: $.!3<1,214.41 (0.28%) Intersections: $710,356.00 (0.61%) "---Sidt•wallks:: $10,059,729.36 (8.>7%) The majority. 70%. of the municipality's road network is in fair to excellent condition, with the remaining 30% in poor to critical condition. As such. the municipality received a Condition vs. Performance rating of 'C'. Road Network Condition by Length (m) 36,000 32,000 28,000 24,000 20,000 16,000 12,000 8,000 4,000 0 Excellent Good Fair Poor Critical 17 ) Road Network Replacement Profile (excludes gravel roads) $32,000,000.00 $28,000,000.00 $24,000,000.00 $20,000,000.00 $16,000,000.00 $12,000,000.00 $8,000,000.00 $4,000,000.00 $0.00 2012-2021 2022-2031 2032-2041 2042 -2051 2052-2061 2062-2062 I Arterial I Collector-Commercial/Industrial I Collector Residential I Guide Rails I Local-Commercial/Industrial I Local Residential I Sidewalks I Signalized Intersection I Street Ughts I Traffic Signs 3.3.6 How much money do we need? The analysis completed to determine capital revenue requirements was based on the following constraints and assumptions: 1. Replacement costs are based upon the unit costs identified within the "What is it worth" section. 2. The timing for individual road replacement was defined by the replacement year as described in the "When do you need to do it?" section. 3. All values are presented in 2012 dollars. 4. The analysis was run for a 50 year period to ensure all assets went through at least one iteration of replacement, therefore providing a sustainable projection. 3.3.7 How do we reach sustainability? Based upon the above parameters, the average annual revenue required to sustain Tillsonburg's road network is approximately $2,482,000. Based on Tillsonburg's current annual funding of $455,000, there is an annual deficit of $2,027,000. Given this deficit, the municipality received a Funding vs . Need rating of 'F'. The following graph illustrates the expenditure requirements in five year increments against the sustainable funding threshold line. 19 "'*2$1£ ... ; 3.4 Gravel Roads -Maintenance Requirements 3.4.1 Introduction Paved roads are usually designed and constructed with careful consideration given to the correct shape of the cross section. Once paving is complete the roadway will keep its general shape for the duration of its useful life. Gravel roads are quite different. Many have poor base construction, will be prone to wheel track rutting in wet weather, and traffic will continually displace gravel from the surface to the shoulder area, even the ditch, during wet and dry weather. Maintaining the shape of the road surface and shoulder is essential to ensure proper performance and to provide a sufficient level of service for the public. Therefore, the management of gravel roads is not through major rehabilitation and replacement, but rather through good perpetual maintenance and some minor rehabilitation which depend on a few basic principles: proper techniques and cycles for grading; the use and upkeep of good surface gravel; and, dust abatement and stabilization. 3.4.2 Maintaining a Good Cross Section In order to maintain a gravel road properly, a good cross section is required consisting of a crowned driving surface, a shoulder with correct slope, and a ditch. The crown of the road is essential for good drainage. A road with no crown, or insufficient crown, will cause water to collect on the surface during a rainfalL will soften the crust, and ultimately lead to rutting which will become severe if the subgrade also softens. Even if the subgrade remains firm, traffic will cause depressions in the road where water collects and the road will develop potholes. It is a generally accepted industry standard that 1.25cm per 12cm (one foot), approximately 4%, on the cross slope is ideal for road crown. The road shoulder serves some key functions. It supports the edge of the travelled portion of the roadway, provides a safe area for drivers to regain control of vehicles if they are forced to leave the road, and finally, carries water further away from the road surface. The shoulder should ideally meet the edge of the roadway at the same elevation and then slope away gradually towards the ditch. The ditch is the most important and common drainage structure for gravel roads. Every effort should be made to maintain a minimal ditch. The ditch should be kept free of obstructions such as eroded soiL vegetation or debris. 21 3.4.8 South Dakota study (2004) This second study was conducted by South Dakota's Department of Transportation (SDDOT). The default maintenance program for gravel roads from SDDOT's report includes grading 50 times per year, re- graveling once every six years, and spot graveling once per year. The unit cost for grading was very similar to Minnesota at $65 per mile, re-gravel at $7,036 per mile and spot graveling or pothole repair at $2.420 per mile, totaling to an average annual maintenance cost of $6,843 per mile. Due to the frequency of the grading activity and the addition of the spot gravel maintenance, the SDDOT number is higher than Minnesota reported even though the re-gravel activity is reported at about half of the price in Minnesota. This converts to $4,277 per km of roadway and if adjusted for inflation into 2012 dollars, using the NRBCPL it would be $5.758. Reference: Zimmerman, K.A. and A.S. Wolters. "Local Road Surfacing Criteria," South Dakota Department of Transportation, Pierre, SO, June 2004. 3.4.9 Ontario Municipal Benchmarking Initiative (OMBI) One of the many metrics tracked through the Ontario Municipal Benchmarking Initiative is the "Operating costs for Unpaved (Loose top) Roads per lane Km." As referenced from the OMBI data dictionary, this includes maintenance activities such as dust suppression, loose top grading, loose top gravelling, spot base repair and wash out repair. Of the six Ontario municipalities that included 2012 costs for this category, there is a wide variation in the reporting. The highest cost per lane km was $14,900 while the lowest cost was $397. The average cost was $6,300 per lane km. Assuming two lanes per gravel road to match the studies above, the Ontario OMBI average becomes $12,600 per km of roadway. Minnesota Study South Dakota Study Summary of Costs OMBI Average (six municipalities) 3.4.1 0 Conclusion $3,500 $5,758 $12,600 As discussed above, there are currently no industry standards in regards to the cost of gravel road maintenance and the frequency at which the maintenance activities should be completed. Also, there is no established benchmark cost for the maintenance of a km of gravel road and the numbers presented above will vary significantly due to the level of service or maintenance that's provided (i.e., frequency of grading cycles andre-gravel cycles). Tillsonburg has a very small gravel road network and currently spends approximately $1 ,000 to maintain one lane km of gravel roadway. This appears to be significantly less than the typical budget limits as shown above. Of course, there are many variables in this analysis, therefore it is recommended that further study be undertaken to establish different cost options associated with different levels of service and that this be included with future updates to this AMP. 23 3.5 Bridges & Culverts 3.5.1 What do we own? As shown in the summary table below, the municipality owns 10 bridges and 42 culverts. Bridges & Culverts Bridges & Culverts Inventory Bridges > 3m span Culverts> 3m span Culverts< 3m span 10 units 7 units 35 units 1 ,978.5m2 969.38m2 2,296.62m2 The bridges & culverts data was extracted from the Tangible Capital Asset module of the CityWide software suite. 3.5.2 What is it worth? The estimated replacement value of the municipality's bridges & culverts, in 2012 dollars, is approximately $23 million. The cost per household for bridges & culverts is $3.269 based on 7,065 households. Bridges & Culverts Replacement Value Bridges > 3m span 1,978.5m2 $4,567/m2 $9,035,000 Bridges & $3.301/m2 $3,200,000 Culverts Culverts > 3m span 969.38m2 Culverts < 3m span 2,296.62m2 $4.729/m2 $1 0,860,000 $23,095,000 25 ) 3.5.4 What do we need to do to it? There are generally four distinct phases in an asset's life cycle. These are presented at a high level for the bridge and culvert structures below. Further detail is provided in the "Asset Management Strategy" section of this AMP. Addressing Asset Needs PMase Lifecycle Activity Asset Life Stage Minor Maintenance Activities such as inspections, monitoring, sweeping, winter control. etc. ]stQtr ···+·· .......................................................... . Activities such as repairs to cracked or spoiled concrete, damaged expansion joints, bent or damaged railings, etc. 2nd Qtr Rehabilitation events such as structural reinforcement of structural elements, deck replacements, etc. 3rdQtr 4'h Qtr 3.5.5 When do we need to do it? For the purpose of this report, 'useful life' data for each asset class was obtained from the accounting data within the CityWide software database. This proposed useful life is used to determine replacement needs of individual assets, which are calculated in the system as part of the overall financial requirements. Asset Useful Life in Years Asset Type Asset Gomponent Bridges & Culverts The following graph shows the current projection of structure replacements based on the condition of the asset. Structures Replacement Profile $10,000,000.00 $9,000,000.00 $8.000.000.00 $7 ,ooo.ooo.oo $6,000,000.00 $5,000,000.00 .$4,000,000.00 $3.000,000.00 $2,000,000.00 $1.000,000.00 $0.00 2012-2021 2032-2041 2052-2061 2072-2081 2092-2092 2022-2031 2042-2051 2062-2071 2082-2091 I Bridges> 3m span I Culverts > 3m span I Culverts< 3m span 27 3.6 Storm Sewer Network INFRASTRUCTURE REPORT CARD GRADE 29 The pie chart below provides a breakdown of each of the network components to the overall system value. Storm Sewer Mains (200mm • 450mm): $10,901,607 50 (55.16") Storm Sewer Mains {525mm): 51,463,921.75 (7.41"1 Storm Sewer MaiM (600mm • 825mm): Storm Sewer Network Components $3,104,508.75(15.7191) ---------' 3.6.3 What condition is it in ? Storm Sewer Manholes(600mm): $1,630.00 (0.01~) Storm Sewer Manholes (3000): $24,672.00 (0.1296) Storm Sewer Manholes (2400): $96,912.00 (0.4~) S10rm Sewer Manholes (1800mm}: $244,090.00 (1.2496) Storm Sewer Manholes (1500mm): $244, 046.2S (L23") Semr Manholes fllOOmml: 51,959,536.25 (9.9296: Approximately 76% of the municipality's storm sewer mains are in fair to excellent condition. As such, the municipality received a Condition vs. Performance rating of 'C'. Storm Sewer Mains Condition by Length (metres) 18.000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Excellent Good Fair Poor Critical 31 3.6.6 How much money do we need? The analysis completed to determine capital revenue requirements was based on the following assumptions: 1. Replacement costs are based upon the unit costs identified within the "What is it worth" section above. 2. The timing for individual storm sewer main replacement was defined by the replacement year as described in the "When do you need to do it?" section above. 3. All values are presented in 2012 dollars. 4. The analysis was run for a 60 year period to ensure all assets went through one iteration of replacement, therefore providing a sustainable projection. 3.6.7 How do we reach sustainability? Based upon the above assumptions, the average annual revenue required to sustain TIIIsonburg's storm sewer network is approximately $329,000. Based on Tillsonburg's current annual funding of $0, there is an annual deficit of $329,000. As such, the municipality received a Funding vs. Need rating of 'F'. $2.800.000.0 0 $2.600.000.00 $2,400,000.00 $2,200,000.0 0 $2.000,000.00 $1,800,000.00 $1.,600,000.00 $1,400,000.00 $.1,200,000.00 $1.000,000.00 ssoo.ooo.oo $600.000.00 $4 00,000.00 S200,000.00 Storm Sewer Main Replacement Profile so.oo -=·---·---·-2012-2016 2022-2026 2032-2036 2042 -2046 20S2 -2056 2062-2062 2017-202.1 2.027-2031 2037-2041 2047-2051 2057-2061. • St:cu•.-n SeW"er Ma ins (200wnrn -4!50nun) • StoriTI Sewer Mains (GOOrnrn -82!5nun) • Storm SeW"er Manholes (1200nun) • Storm SeW"er Manholes (1800nun) • Storm S.wer Manholes (3000rnrn) • Average Annual Requlren1ent: (Total per Five Year Block) • Storm S.watr M•ins (52.5rnrn) • Storm Sewer Mains (900nun -1200ron1) • Storm Sewer '"•nholes (1500nun) 8 Storm S•w•r Manholes (2400n-un) • Stor"" Sewer '"•nhples (GOOrnrn) In conclusion. Tillsonburg's storm sewer collection network, based on age data only, is generally in fair to excellent condition. however, there are a significant percentage of mains in poor condition projected for replacement in the 1 0-15 year window. Funds should be directed towards a condition assessment program to gain a better understanding of current performance and actual field condition. A condition assessment program will aid in prioritizing overall needs for rehabilitation and replacement and will assist with optimizing the long term budget. Further detail is outlined within the "asset management strategy" section of this AMP. 3.6.8 Recommendations The municipality received an overall rating of 'F' for its storm sewer network, calculated from the Condition vs. Performance and the Funding vs. Need ratings. Accordingly, we recommend the following: 1. A condition assessment program should be established for the storm sewer network to gain a better understanding of current condition and performance as outlined further within the "Asset Management Strategy" section of this AMP. 2. Once the above study is complete or underway, the condition data should be loaded into the CityWide software and an updated "current state of the infrastructure" analysis should be generated. 3. An appropriate% of asset replacement value should be used for operations and maintenance activities on an annual basis. This should be determined through a detailed analysis of 0 & M activities and be added to future AMP reporting. 4. The Infrastructure Report Card should be updated on an annual basis. 33 5.0 Desired Levels of Service Desired levels of service are high level indicators, comprising many factors, as listed below that establish defined quality thresholds at which municipal services should be supplied to the community. They support the organization's strategic goals and are based on customer expectations, statutory requirements, standards, and the financial capabilities of a municipality to deliver those levels of service. Levels of Service are used: • to inform customers of the proposed type and level of service to be offered; • to identify the costs and benefits of the services offered; • to assess suitability, affordability and equity of the services offered; • as a measure of the effectiveness of the asset management plan • as a focus for the AM strategies developed to deliver the required level of service In order for a municipality to establish a desired level of service, it will be important to review the key factors involved in the delivery of that service, and the interactions between those factors. In addition, it will be important to establish some key performance metrics and track them over an annual cycle to gain a better understanding of the current level of service supplied. Within this first Asset Management Plan, key factors affecting level of service will be outlined below and some key performance indicators for each asset type will be outlined for further review. This will provide a framework and starting point from which the municipality can determine future desired levels of service for each infrastructure class. 5.1 Key factors that influence a level of service: • Strategic and Corporate Goals • Legislative Requirements • Expected Asset Performance • Community Expectations • Availability of Finances 5.1.1 Strategic and Corporate Goals Infrastructure levels of service can be influenced by strategic and corporate goals. Strategic plans spell out where an organization wants to go, how it's going to get there. and helps decide how and where to allocate resources. ensuring alignment to the strategic priorities and objectives. It will help identify priorities and guide how municipal tax dollars and revenues are spent into the future. The level of importance that a community's vision is dependent upon infrastructure, will ultimately affect the levels of service provided or those levels that it ultimately aspires to deliver. 5.1.2 Legislative Requirements Infrastructure levels of service are directly influenced by many legislative and regulatory requirements. For instance, the Safe Drinking Water Act, the Minimum Maintenance Standards for municipal highways, building codes. and the Accessibility for Ontarians with Disabilities Act are all legislative requirements that prevent levels of service from declining below a certain standard. 5.1.3 Expected Asset Performance A level of service will be affected by current asset condition, and performance and limitations in regards to safety, capacity. and the ability to meet regulatory and environmental requirements. In addition. the design life of the asset. the maintenance items required, the rehabilitation or replacement schedule of the asset. and the total costs. are all critical factors that will affect the level of service that can be provided. 5.1.4 Community Expectations Levels of services are directly related to the expectations that the general public has from the infrastructure. For example, the public will have a qualitative opinion on what an acceptable road looks like. and a quantitative one on how long it should take to travel between two locations. Infrastructure costs 35 ) LEVEL OF INDICATOR TACTICAL TACTICAL & OPERATIONAL OPERATIONAL MUNICIPAL STRUCTURE WATER DEPARTMENT As a note. a caution should be raised over developing too many performance indicators that may result in data overload and lack of clarity. It is better to develop a select few that focus in on the targets of the asset management plan. Outlined below for each infrastructure class is a suggested service description. suggested service scope, and suggested performance indicators. These should be reviewed and updated in each iteration of the AMP. 5.3 Transportation Services ..... .. . 5.3.1 Service Description The town's transportation network comprises approximately 870 square centreline km of road. 10 bridges, 17 large culverts, sidewalk. and the associated curbs. lane markings, traffic signals and street lights. Together, the above infrastructure enables the municipality to deliver transportation and pedestrian facility services and give people a range of options for moving about in a safe and efficient manner. 37 ) 5.4.2 Scope of services • The removal of storm water through a collection network of storm sewer mains, and manholes 5.4.3 Performance Indicators (reported annually) Strategic Indicators Financial Indicators Tactical Indicators Operational Indicators Performance Indicators (reported annually) • Percentage of total reinvestment compared to asset replacement value • Completion of strategic plan objectives (related water I sanitary I storm) • Annual revenues compared to annual expenditures • Annual replacement value depreciation compared to annual expenditures • Total cost of borrowing compared to total cost of service • Revenue required to maintain annual network growth • Lost revenue from system outages , ..................... ·-.. • Percentage of storm network rehabilitated I reconstructed • · Overall storm network condition index as a percentage of desired condition index • Annual adjustment in condition indexes • Annual percentage of growth in storm network • Percentage of mains where the condition is rated poor or critical for each network • Percentage of storm network replacement value spent on operations and maintenance • Percentage of storm network inspected • Operating costs for storm water management • Number of customer requests received annually • Percentage of customer requests responded to within 24 hours per water I sanitary I storm network 39 • Extends asset service life therefore improving level of service • Improves financial transparency and accountability • Enables accurate asset reporting which, in turn, enables better decision making Condition assessment can involve different forms of analysis such as subjective opinion, mathematical models, or variations thereof, and can be completed through a very detailed or very cursory approach. When establishing the condition assessment of an entire asset class, the cursory approach (metrics such as good, fair, poor, critical) is used. This will be a less expensive approach when applied to thousands of assets, yet will still provide up to date information, and will allow for detailed assessment or follow up inspections on those assets captured as poor or critical condition later. The following section outlines condition assessment programs available for road, bridge, sewer, and water networks that would be useful for the municipality. 6.3.1 Pavement Network Inspections Typical industry pavement inspections are performed by consulting firms using specialised assessment vehicles equipped with various electronic sensors and data capture equipment. The vehicles will drive the entire road network and typically collect two different types of inspection data -surface distress data and roughness data. Surface distress data involves the collection of multiple industry standard surface distresses, which are captured either electronically, using sensing detection equipment mounted on the van, or visually, by the van's inspection crew. Examples of surface distresses are: • For asphalt surfaces alligator cracking; distortion; excessive crown; flushing; longitudinal cracking; map cracking; patching; edge cracking; potholes; ravelling; rippling; transverse cracking; wheel track rutting • For concrete surfaces coarse aggregate loss; corner 'C' and 'D' cracking; distortion; joint faulting; joint sealant loss; joint spoiling; linear cracking; patching; polishing; potholes; ravelling; scaling; transverse cracking Roughness data capture involves the measurement of the roughness of the road, measured by lasers that are mounted on the inspection van's bumper, calibrated to an international roughness index. Most firms will deliver this data to the client in a database format complete with engineering algorithms and weighting factors to produce an overall condition index for each segment of roadway. This type of scoring database is ideal for upload into the CityWide software database, in order to tag each road with a present condition and then further life cycle analysis to determine what activity should be completed on which road, in what timeframe, and to calculate the cost for the work will be completed within the CityWide system. The above process is an excellent way to capture road condition as the inspection trucks will provide detailed surface and roughness data for each road segment, and often include video or street imagery. Another option for a cursory level of condition assessment is for municipal road crews to perform simple windshield surveys as part of their regular patrol. Many municipalities have created data collection inspection forms to assist this process and to standardize what presence of defects would constitute a good, fair, poor, or critical score. Lacking any other data for the complete road network, this can still be seen as a good method and will assist greatly with the overall management of the road network. The CityWide Works software has a road patrol component built in that could capture this type of inspection data during road patrols in the field, enabling later analysis of rehabilitation and replacement needs for budget development. It is recommended that the municipality establish a pavement condition assessment program and that a portion of capital funding is dedicated to this. 41 • Can be complemented by a conventional camera (CCTV), if required afterwards; • In a normal environment, 20 to 30 manholes can be inspected in a single day, covering more than 1 ,500 meters of pipe; • Contrary to the conventional camera approach, cleaning and upstream flow control is not required prior to inspection; • Normally detects 80% of pipe deficiencies, as most deficiencies generally occur within 20 meters of manholes. The following table is based on general industry costs for traditional CCN inspection and Zoom Camera inspection; however, costs should be verified through local contractors. It is for illustrative purposes only but supplies a general idea of the cost to inspect Tillsonburg's entire storm network. Storm Sanitary and Sewer Inspection Cost Estimates Full CCTV Zoom $10(perm) $300 (Per mh) 58,000m 7 45 manholes $580,000 $223,500 It can be seen from the above table that there is a significant cost savings achieved through the use of Zoom Camera technology. A good industry trend and best practice is to inspect the entire network using Zoom Camera technology and follow up on the poor and critical rated pipes with more detail using a full CCN inspection. In this way. inspection expenditures are kept to a minimum. however. an accurate assessment on whether to rehabilitate or replace pipes will be provided for those with the greatest need. It is recommended that the municipality establish a sewer condition assessment program and that a portion of capital funding is dedicated to this. In addition to receiving a video and defect report of each pipe's CCTV or Zoom camera inspection, many companies can now provide a database of the inspection results, complete with scoring matrixes that provide an overall general condition score for each pipe segment that has been assessed. Typically pipes are scored from 1 -5, with 1 being a relatively new pipe and 5 being a pipe at the end of its design life. This type of scoring database is ideal for upload into the CityWide software database, in order to tag each pipe with a present condition and then further life cycle analysis to determine what activity should be done to which pipe, in what timeframe. and to calculate the cost for the work will be completed by the CityWide system. 43 The windows or thresholds for when certain work activities should be applied to also coincide approximately with the condition state of the asset as shown below: Asset Condition and Related Work Activity: Paved Roads Condition Excellent condition (Maintenance only phase) 100-76 Good Condition (Preventative maintenance phase) 75-51 Fair Condition (Rehabilitation phase) 50-26 Poor Condition (Reconstruction phase) 25-1 Critical Condition (Reconstruction phase) 0 Work Activity • maintenance only • crack sealing • emulsions • resurface -mill & pave • resurface -asphalt overlay • single & double surface treatment (for rural roads) • reconstruct -pulverize and pave • reconstruct -full surface and base reconstruction • critical includes assets beyond their useful lives which make up the backlog. They require the same interventions as the "poor" category above. With future updates of this Asset Management Strategy the municipality may wish to review the above condition ranges and thresholds for when certain types of work activity occur, and adjust to better suit the municipality's work program. Also note: when adjusting these thresholds, it actually adjusts the level of service provided and ultimately changes the amount of money required. These threshold and condition ranges can be easily updated with the CityWide software suite and an updated financial analysis can be calculated. These adjustments will be an important component of future Asset Management Plans, as the Province requires each municipality to present various management options within the financing plan. The table below outlines the costs for various road activities, the added life obtained for each, the condition range at which they should be applied, and the cost of 1 year added life for each (cost of activity I added life) in order to present an apples to apples comparison. Road Lifecycle Activity Options , 1 Condition Treatment Average t.Jnit Cost ~ ~ Added Life Oosf Of Acti~ity/Added Life (per. sq. m) (Years) Range Urban Reconstruction $205 30 25-0 ' $6.83 Urban Resurfacing $84 15 50-26 $5.60 Rural Reconstruction $135 30 25-0 $4.50 Rural Resurfacing $40 15 50-26 $2.67 Double Surface Treatment $25 10 50-26 $2.50 Routing & Crack Sealing (P.M) $2 3 75-51 $0.67 45 The following diagram depicts a general deterioration profile of a sewer main with a 100 year life. 100 75 c .2 Excellent -Mainte.nance -----------1 I I I I Good -Major Maintenance Fair-Rehabilitation I I_------:!:::: -g 50 0 0 25 0 Years of Service I :_ ~o~r,:~e~a.:_e I I I 100 years As shown above, during the sewer main's life cycle there are various windows available for work activity that will maintain or extend the life of the asset. These windows are: maintenance; major maintenance; rehabilitation; and replacement or reconstruction. The windows or thresholds for when certain work activities should be applied also coincide approximately with the condition state of the asset as shown below: Asset Condition and Related Work Activity: Sewer Main Condition Poor Condition (Reconstruction phase) Critical Condition (Reconstruction phase) Condition Range Worl< Activity • maintenance only (cleaning & flushing etc.) • critical includes assets beyond their useful lives which make up the backlog. They require the same interventions as the "poor" category above. With future updates of this Asset Management Strategy the municipality may wish to review the above condition ranges and thresholds for when certain types of work activity occur, and adjust to better suit the municipality's work program. Also note: when adjusting these thresholds, it actually adjusts the level of service provided and ultimately changes the amount of money required. These threshold and condition ranges can be easily updated with the CityWide software suite and an updated financial analysis can be calculated. These adjustments will be an important component of future Asset Management Plans, as the province requires each municipality to present various management options within the financing plan. 47 6.5 Growth and Demand Typically a municipality will have specific plans associated with population growth. It is essential that the asset management strategy should address not only the existing infrastructure. as above, but must include the impact of projected growth on defined project schedules and funding requirements. Projects would include the funding of the construction of new infrastructure, and/or the expansion of existing infrastructure to meet new demands. The municipality should enter these projects into the CityWide software in order to be included within the short and long term budgets as required. 6.6 P~~j~ct Priori!i~~ti~~ ..... The above techniques and processes when established for the road, water, sewer networks and bridges will supply a significant listing of potential projects. Typically the infrastructure needs will exceed available resources and therefore project prioritization parameters must be developed to ensure the right projects come forward into the short and long range budgets. An important method of project prioritization is to rank each project. or each piece of infrastructure, on the basis of how much risk it represents to the organization. 6.6.1 Risk Matrix and Scoring Methodology Risk within the infrastructure industry is often defined as the probability (likelihood) of failure multiplied by the consequence of that failure. ----~ ----~ ---~-------------------------------------~----~---------~ RISK= LIKELIHOOD OF FAILURE x CONSEQUENCE OF FAILURE -- --- -------~~--~----~------~----------------------~----~--- The likelihood of failure relates to the current condition state of each asset, whether they are in excellent, good, fair, poor or critical condition, as this is a good indicator regarding their future risk of failure. The consequence of failure relates to the magnitude, or overall effect, that an asset's failure will cause. For instance, a small diameter water main break in a sub division may cause a few customers to have no water service for a few hours, whereby a large trunk water main break outside a hospital could have disastrous effects and would be a front page news item. The following table represents the scoring matrix for risk: High Low 52 Assets 8,110.35 m2, m $19.455.338.30 43 Assets 4,891.7 m2, m 12 Assats 3,459.9 m2, m $6,905,196.00 20 Assets 1,632.7 mz. m $1,673,847.94 65 Assets 5,760.7 m2, m 4,500 m $3,142,471.81 sa Assets 6,562.69 m2, m $3.668,761.52 273 Assets 27,645.34 m2, m Probability of Failure 5,015o99 m $3,111,386.66 227 Assets 22,919.59 m $12.383,391.92 2 Assets 158.7 m $39,675.00 3,7S4 m $2.2,,867 .48 No Assets N/A All of the municipality's assets analyzed within this asset management plan have been given both a likelihood of failure score and a consequence of failure score within the CityWide software. 49 High Storm Sewer (based on diameter): The consequence of failure score for this initial AMP is based upon pipe diameter as this will reflect potential upstream service area affected. Pipe Size uence of failure Less than 200mm Score of 1 201 mm-450mm Score of 2 451 mm-825mm Score of 3 826mm-1200mm Score of 4 1,201 mm and over Score of 5 51 ( c) use of non-traditional sources of municipal funds: • reallocated budgets (not reqtJired for this AMP) • partnerships (not applicable) • procurement methods (no changes recommended) d) use of senior government funds: • gas tax • grants (not included in this plan due to Provincial requirements for firm commitments) If the financial plan component of an AMP results in a funding shortfall. the Province requires the inclusion of a specific plan as to how the impact of the shortfall will be managed. In determining the legitimacy of a funding shortfall, the Province may evaluate a municipality's approach to the following: a) in order to reduce financial requirements, consideration has been given to revising service levels downward b) all asset management and financial strategies have been considered. For example: • if a zero debt policy is in place, is it warranted? If not, the use of debt should be considered. • do user fees reflect the cost of the applicable service? If not, increased user fees should be considered. This AMP includes recommendations that avoid long-term funding deficits. 7.2 Financial information relating to Tillsonburg's AMP 7.2.1 Funding objective We have been asked to develop scenarios that would enable the Town of Tillsonburg to achieve full funding within 5 to 1 0 years for the following assets: tax funded assets -paved roads; bridges & culverts; storm sewers. Notes: 1. For the purposes of this AMP, we have excluded the category of gravel roads since gravel roads are a perpetual maintenance asset and end of life replacement calculations do not normally apply. If gravel roads are maintained properly they, in essence, could last forever. 2. Sanitary and water services are the responsibility of the upper tier government of Oxford County so are not included in this AMP. For each scenario developed we have included strategies, where applicable, regarding the use of tax revenues, user fees, reserves and debt. 7.3 Tax funded assets 7.3.1 Current funding position Tables 1 and 2 outline, by asset category, the Town of Tillsonburg's average annual asset investment requirements, current funding positions and funding increases required to achieve full funding on assets funded by taxes. Table 1. Summary of Infrastructure Requirements & Current Funding Available Asset Category Paved Roads Bridges & Culverts Storm Sewers Total Average Annual Investment Required 2.482,000 431,000 329,000 3,242,000 :· .· ·~~"·.~·:··-'' ·. ', .... ;· '~, .''''':'·~~'-l" '."'~· • >l ( ' • ---~-. ---,. ~~· ··--~ ..... ~ ....... ' .,, , ... laxes (see note below) 0 0 0 0 53 Gas Tax 455,000 0 0 455,000 0 0 0 0 Total 455,000 0 0 455,000 Annual Deficit 2,027,000 431.000 329,000 2,787,000 , Notes: 1. As in the past, periodic senior government infrastructure funding will most likely be available during the phase-in period. By Provincial AMP rules, this funding cannot be incorporated into the AMP unless there are firm commitments in place. 2. We realize that raising tax revenues by the amounts recommended above for infrastructure purposes will be very difficult to do. However, considering a longer phase-in window may have even greater consequences in terms of infrastructure failure. Although this option achieves full funding on an annual basis in 1 0 years and provides financial sustainability over the period modeled (to 2050), the recommendations do require prioritizing capital projects to fit the resulting annual funding available. As of 2013, condition based data shows a pent up investment demand of $12,329,000 for paved roads, $0 for bridges & culverts. Age based data shows a pent up investment demand of $29,000 for storm sewers. Although our recommendations include no further use of debt, the results of the condition based analysis may require otherwise. 7.4 Use of debt For reference purposes, table 4 outlines the premium paid on a project if financed by debt. For example, a $1M project financed at 3.0%1 over 15 years would result in a 26% premium or $260,000 of increased costs due to interest payments. For simplicity, the table does not take into account the time value of money or the effect of inflation on delayed projects. Table 4. Total Interest Paid as a % of Project Costs Interest Rate 7.0% 6.5% 6.0% 5.5% 17% 33% 49% 67% 86% 106% 5.0% 15% 30% 45% 60% 77% 95% i .. 4.5% 14% 26% 40% 54% 69% 84% 4.0% 12% 23% 35% 47% 60% 73% 3.5% 11% 20% 30% 41% 52% 63% 3.0% 9% 17% 26% 34% 44% 53% 2.5% 8% 14% 21% 28% 36% 43% 2.0% 6% 11% 17% 22% 28% 34% 1.5% 5% 8% 12% 16% 21% 25% 1.0% 3% 6% 8% 11% 14% 16% 0.5% 2% 3% 4% 5% 7% 8% 0.0% 0% 0% 0% 0% 0% 0% It should be noted that current interest rates are near all-time lows. Sustainable funding models that include debt need to incorporate the risk of rising interest rates . The following graph shows where historical lending rates have been: 1 Current municipal Infrastructure Ontario rates for 15 year money is 3.2%. 55 Table 6. Overview of Debt Costs Asset Category Paved Roads 772,000 246,000 279,000 228,000 221.000 Bridges & Culverts 15,000 15,000 14,000 14.000 14,000 Storm Sewers 42,000 42.000 42.000 42,000 42,000 Total AMP Debt 829,000 303,000 335,000 284,000 277,000 Non AMP Debt 2,081 ,000 1,209.000 1,326.000 1,143,000 1.121.000 Overall Total 2,910,000 1,512,000 1,661,000 1.427,000 1,398,000 The revenue options outlined in this plan allow Tillsonburg to fully fund its long-term infrastructure requirements without further use of debt. However, as explained in section 7 .3.2, the recommended condition rating analysis may require otherwise. 7.6 Use of reserves 7.6.1 Available reserves Reserves play a critical role in long-term financial planning. The benefits of having reserves available for infrastructure planning include: • the ability to stabilize tax rates when dealing with variable and sometimes uncontrollable factors • financing one-time or short-term investments • accumulating the funding for significant future infrastructure investments • managing the use of debt • normalizing infrastructure funding requirements Tillsonburg does not allocate its reserves by infrastructure category. Table 7 outlines the reserves currently available. Table 7. Summary of Reserves Available General Infrastructure Reserve Other Total Tax Funded 3.736,000 0 3,736,000 There is considerable debate in the municipal sector as to the appropriate level of reserves that a municipality should have on hand. There is no clear guideline that has gained wide acceptance. Factors that municipalities should take into account when determining their capital reserve requirements include: • breadth of services provided • age and condition of infrastructure • use and level of debt • economic conditions and outlook • internal reserve and debt policies. The reserves in table 7 are available for use by applicable asset categories during the phase-in period to full funding. This, coupled with Tillsonburg's judicious use of debt in the past, allows the scenarios to assume that. if required, available reserves and debt capacity can be used for high priority and emergency infrastructure investments in the short to medium-term. 57 8.0 Appendix A: Report Card Calculations Key Calculations 1. "Weighted, unadjusted star rating": (% of assets In giYen condition) x (potenHal starraHng) 2. "Adjusted star rating" (weighted, unadjsted star raHng) x (% of total replacement value) ----~ ------ 3. "Overall Rating" 2. Funding vs Need (Condition vs. Performance sfarraHngJ .., (Funding vs. Need starraHngJ 25.0% 2 46.0% 1.9 D 61.0% 2.9 c 76.0% 3.9 B 91.0% 4.9 A 100.0% 5 A ·--------·· -----·-------·------------ 59 Category star I Category letter rating grade 4.3 B Town of Tillsonburg Infrastructure Replacement Cost Per Household Total: $22,679 per household Road Network t ... xc:lnil•••~r•lll'fl--' Total Replacement Cost $117,368,175 Cost Per Household: $16,613 Daily Investment Required Per Household for Infrastructure Sustainability $1.80 " $1.60 l------------------------o_a_i..;,ly_c_u,;,p.o.t.c.o.tfe.e.:..;,S_l._5_6_w_ $l.40 Daily infrastructure investment: $1 .25 $1.20 ~------tp~-111:1zc::tttl:tJ:IJ------------- $I.O~ ~~ $0.90 $0.80 $0.60 $0.40 $0.20 • $0.17 • $0.13 $0.00 +--------------------.---------------------, Road Network Bridges & Culverts Storm Sewer Network THE COllLIGB OF PlillY§[C][AN§ AND SURGIONS April 22, 2014 OF ON'fARJIO Dear Sir/Madam: The Council Award of the College of Physicians and Surgeons of Ontario _is presented at each Council meeting to honour outstanding Ontario physicians who have demonstrated excellence and embody society's Vision of an "ideal physician". The criteria for selecting a physician for the Council Award is based on the eight "physician roles" identified by Educating Future Physicians · of Ontario. The eight point selection criteria are outlined in the attached Council Award brochure. The College is seeking to recognize physicians whose performance in each of these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. The four categories from which physicians are selected are: Academic Specialty, Community Specialty, Academic Family Practice and Community Family Practice. We receive a variety of n·omination packages, some of which are focused around a comprehensive CV, while others consist of personal letters which demonstrate the physician's commitment to the practise of medicine. We understand that given the diverse array of selection criteria, the nominator may wish to use any number of creative ways to highlight the particular attributes of their nominee. If you know of a physician who meets the selection criteria, p.lease nominate him/her for the Council Award. The deadline for receipt of nominations is August 22, 2014. If you need any further information, please do not hesitate to contact my Administrative Assistant Sharon Thompson at 416-967-2600 or 1-800-268- 7096 ext 256 or sthompson@cpso.on.ca Sincerely, Prithi S. Yelaja Communications Specialist QUALITY PROFESSIONALS I HEALTHY SYSTEM I PUBLIC TRUST 80 College Street, Toronto, Ontario M5G 2E2 Tel: (416) 967-2600 Toll Free: (800) 268-7096 Fax: (416) 961-3330 -' OFFICEOFTHEPRESIDENT ~EER STORE - Aprill7, 2014 Mayor John Lessif Town of Tillson burg 10 Lisgar Ave Tillsonburg, Ontario N4G SAS Dear Mayor Lessif: T 905.361.4204 F 905.361.4204 Corporate office 5900 Explorer Drive Mississauga, ON l4W 5L2 www.thebeerstore.c:a You, your fellow councilors and your citizens have all worked hard to build a strong, safe community. Over the last nine decades, the Beer Store and its 7,000 employees have been proud to be a part of your effort to make your community a great place to live, work and raise a family. We've made our contribution by ensuring alcohol is sold responsibly to adults, by giving back to your community, by contributing to the protection of our environment and by providing our employees with competitive wages and a safe working environment. It takes time, co-operation and hard work to build a stable community, but that stability and security can erode quickly if we're not careful. As responsible citizens we all know it's important to consider all the facts surrounding important decisions that may affect the stability of our communities. That is why I am writing to you. As you may have heard, large multi-national convenience-store and gas-station chains are lobbying provincial politicians at Queen's Park for the ability to sell beer, wine and hard liquor through their stores. But experience and evidence shows that expanding liquor sales to more than 10,000 hard-to-police retail outlets would negatively affect the stability of your town and the safety of your citizens. The Beer Store and our 7,000 employees have worked very hard to build the most inclusive, efficient, environmentally responsible and safe beer retailing system in the world. Under our "We ID 25" responsible sales program, every employee is trained on responsible sales practices before they sell their first case of beer. Employees are also retrained every year, and all challenges and refusals are electronically recorded in our point-of- sal~ system. We also randomly test our employees throughout the year using myst~ry shoppers close to 25 o_f age to measure compliance with our "We n) 25" policy. It is a comprehensive program strongly 'enforced across our entire retail chain, and it works. Last year alone, the Beer Store challenged more than 3.6 million customers. Studies have demonstrated that convenience-store and gas-station chains-which are largely based outside Canada-are unable to match our commitment to social responsibility and public safety. They are also unable to match our policy of openness. Any brewer, regardless of size or country of origin, can sell their beer in whatever Beer Store location they choose and is free to set their own selling price. That openness has created a highly competitive market that has enabled the Beer Store to provide Ontario beer drinkers with access to over 400 brands from more than 100 brewers at competitive prices that are, on average, the second lowest in Canada. The bottom line is the Beer Store provides 450 safe, convenient outlets for adults to purchase beer. When those outlets are combined with LCBO outlets and government-authorized agency stores, Ontarians have access to more than 1,350 locations that sell beer. That means 86% of Ontarians are within a five-minute drive of a location that sells beer. Dismantling Ontario's current alcohol retail model and expanding liquor sales to more than 10,000 outlets may reduce that drive time a little, but at what cost? Ministry of Citizenship and Immigration Minister slh Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 325-6200 Fax: (416) 325-6195 April, 2014 Ministere des Affalres civiques et de l'lmmlgratlon Min Istre 69 etage . 400, avenue University Toronto ON M7A 2R9 Tel.: {416) 325-62oo Telec.: (416) 325-6195 Re : Ontario Medal For Good Citizenship Dear Friends: Ontario I am pleased to Invite you to participate in the Ontario Medal for Good Citizenship by nominating a deserving citizen. Established In 1973, the Ontario Medal for Good Citizenship honours Ontarians who, through exceptional, long-term efforts, have made outstanding contributions to community life. Recipients will be presented with their medal by the lieutenant Governor of Ontario at a special ceremony at Queen's Park In the Fall of 2014. Nominations can be made by visiting the Ministry of Citizenship and Immigration's website at: www.ontario.ca/honoursandawards. You may submit your nomination on-line by choosing the "Nominate Online» option, or download the PDF format from the website to submit by mall. For any further information, please contact the Ontario Honours and Awards Secretariat pt 416 314M7526, 1877 832-8622 or (TTY) 416 327-2391~ Nominations must be received by July ~7, 2014. I encourage you to take the time to nominate a deserving citizen In your community for an Ontario Medal for Good Citizenship. The men and women we honour stand as shining examples to us all. Minister Cement Association Assoclation canacllenne ofcanada duament Ottawa, April26, 2014 His Worship Mayor John Lessif cc: Donna Hemeryck, Clerk Town of Tillsonburg 200 Broadway 2nd Floor Tillsonburg, ON N4G 5A7 Dear Mayor Lessif, On behalf of the Cement Association of Canada (CAC), I would like to draw your attention to an urgent issue that could negatively impact the integrity of the Ontario Building Code and jeopardize the safety of the people in your municipality. On March 20, 2014, the Ontario government announced proposed changes to the Ontario Building Code to permit the construction of six-storey wood frame buildings. The province is holding a public consultation on the proposed changes until May 4, 2014. The provincial government's announcement reflects the interests of the wood products industry and its recent lobbying efforts. Those who promote taller wood frame construction believe that a four storey limit on residential and commercial wood buildings is no longer necessary, and have been actively pressing provincial governments to politically amend building codes to permit six-storey wood frame structures outside the tried and true longstanding building code review process. Federally, the wood products industry is also pushing for changes to allow for the construction of six- storey wood buildings in the 2015 edition of the National Building Code of Canada. As an elected representative of your municipality, I know that you want to protect and strengthen your municipality, as well as ensure that your housing market meets or· exceeds the codes and standards that the residents of your community deserve. Unfortunately; the proposal put forth by the Ontario government, as currently drafted, could place Ontarians' lives at risk. · Currently, there are no provisions in place to protect those who are engaged in the construction of these buildings or the fire fighters who respond to emergencies or potentially fatal fires in these buildings. It is considered outside the mandate of the building code to include safety clauses for people who work on the site and those who respond to emergencies at the site. We believe that the lives of fire fighters should be protected in the Ontario Building Code. An interesting point to note is that Ontario has 19,000 voluntary fire fighters and only 11,000 professional fire fighters. Further, if the regulation is approved, taller wood frame buildings may be constructed in areas of your municipality that may not have adequate firefighting coverage, including those currently being protected by voluntary firefighters. Many local fire departments across the province do not have the equipment to fight a massive blaze in a six storey building. To adequately fight such a fire, fire fighters need 100-foot ladder trucks that cost as· much as one million dollars each and require specially trained crews. This is very costly, particularly at a time when municipal tax dollars are being stretched to the limit and when we see some Ontario municipalities, including the city of Toronto, cutting their budgets for fire services. Owners of residential and commercial buildings constructed with wood may also face higher insurance premiums. I know that your government wants to ensure that housing remains affordable in your municipality. The proposed changes to the Ontario Building Code will undoubtedly increase 350 Sparks, #502, Ottawa ON KlR 758 Telephone 613-236-9471 Fax 613-563-4498 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April29,2014 Province Releases Document "Moving Fonvard on Rural Matters" The Ministry of Rural Affairs has released a Rural Roadmap that summarizes the Government's priorities for rural Ontario in 2014-2015. The document highlights a number of the policy priorities that both AMO and the Rural Ontario Municipal Association (ROMA) have identified as ways to help strengthen Ontario's rural communities. Of note, AMO and ROMA welcome the Ministry's commitment to formalize a rural lens process that would allow the government to better understand potential implications of new policies and programs and how they may affect rural communities before they are implemented. A Voice for Rural and Northern Ontario was developed by ROMA in 2011. This document identified key issues and provided a 11lens11 process to shape policy and programs by highlighting northern and rural circumstances. The key issues identified include municipal fiscal health, infrastructure needs, access to broadband, fostering local food production and processing, supporting natural resource economies, and supporting people (aging, health care, education, immigration, and child care). It is gratifying to identify these same themes as the foundation for the Rural Roadmap. The Rural Roadmap is based on consultations that the Ministry undertook with many stakeholders in rural Ontario, including AMO and ROMA. Priorities identified by the Ministry include investing in roads, bridges, and other critical infrastructure; promoting growth, job creation, and regional economic development; attracting and integrating newcomers to rural communities; improving skills/trades training, youth retention, and employment; and improving access to rural health care. We will be attending the Budget lock up on Thursday, May 1 and will be using this list to determine how the budget supports the Rural Roadmap and what it means for our rural membership. Beyond the issues identified in A Voice for Rural and Northern Ontario, AMO and ROMA were instrumental in shaping the thinking around the Provincial Policy Statement (PPS) to include a new concept of rural. Further, the Ministry responded to the input by producing rural and northern primers to illustrate how the PPS is intended to be interpreted differently in these parts of the province. ROMA, as part of the AMO Rural Caucus, working alongside other AMO caucuses support policy areas that are of concern to all municipalities -such as increasing human resource costs, particularly in emergency services; the need for a better framework for interest arbitration; a new approach to joint and several liability, among other matters that all municipal governments hold in common. Watch for AMO's commentary on the 2014-15 Provincial Budget. Follow us on Twitter @AMOPolicy. Information will be on our website (amo.on.ca) and a communique will be sent to members Thursday evening; TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April30,2014 New Presumptive Cancers for Firefighters Announced Today Premier Kathleen Wynne announced that the Ontario Government will be expanding the current regulation to include six additional cancers presumed to be work- related for firefighters under the Workplace Safety and Insurance Act (WSIA). Unlike the previous presumptive diseases, the new ones are to be phased-in as follows: • 2014: Multiple Myeloma, Testicular and Breast cancers • 2015: Prostate cancer • 2016: Lung cancer • 2017: Skin cancer. When AMO was recently notified of this government initiative, we asked that the cancers scheduled to come into effect in 2014 be deferred to 2015 so that there would be no new in-year municipal budget hit. This request was not reflected in today's announcement. The presumptions announced today, as with the previous ones, would apply to full-time, part-time and volunteer firefighters and fire investigators, and would be retroactive to January 1, 1960 (as currently set out in the WS/A). Under the legislation, certain prescribed cancers would be treated as work related unless the contrary can be shown. For Schedule 1 municipalities who pay premiums, there will be a small premium increase. For Schedule 2 municipalities, (who pay the dollar for dollar costs of claims plus an administrative fee to the WSIB), the WSIB estimates general retroactive costs of $113 to $179 million for these six new cancers. Ongoing annual costs are estimated by the Province to be approximately $24 to $38 million in new costs for Schedule 2 municipal governments. Most volunteer firefighters work for Schedule 1 municipalities; most full-time firefighters work for Schedule 2 municipalities. In May 2007, theWS/A was amended to establish presumptions for firefighters, and provided for regulation-making power to prescribe the diseases and conditions. In 2007 and 2009, the government established a list of eight cancers and associated service criteria, as well as the circumstances respecting heart injuries, as presumed to be work related for firefighters and fire investigators. It was estimated by WSIB that $300 million over 10 years would be required for these presumptive cancers. However, we are told that the estimate then may have been too high. There will be some financial impacts on municipal employers for the expansion of the presumptive list. At the same time, the health and safety of municipal employees is a top priority for municipal governments and they invest in the best equipment and training available to maximize employee safety. M U N I C I P A L P R 0 P E R TY A S S E S S M E NT C 0 R P 0 RAT I 0 N April 24, 2014 To: Heads of Council All Ontario Municipalities From: Dan Mathieson Chair, MP AC Board of Directors Subject: 2013 Annual Report and Financial Statements The Municipal Property Assessment Corporation's (MPAC) 2013 Annual Report is available for your information here. Enclosed is a copy of MPAC' s Financial Statements for the Year Ended December 31,2013. These documents have been prepared as required by the Municipal Property Assessment Corporation Act. The report is also being provided to the Premier, Minister of Finance, Members of Provincial Parliament and the Association of Municipalities of Ontario. I trust you will find MPAC's activities in 2013, as outlined in the report, to be informative. If you have any questions regarding the reports, please do not hesitate to contact me at 519 271-0250, extension 234, Antoni Wisniowski, President and Chief Administrative Officer, at 905 837-6150, or Arthur Anderson, Director, Municipal Relations, at 905 837-6993. Yours truly, Dan Mathieson Chair, MPAC Board ofDirectors Enclosure Copy Antoni Wisniowski Arthur Anderson Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L1 V OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca Municipal Property Assessment Corporation Financial Statements December 31, 2013 _. pwc Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of Municipal Property Assessment Corporation as at December 31, 2013 and the results of its operations and its cash flows for the year then ended in accordance with Canadian accounting standards for not-for-profit organizations. Chartered Professional Accountants, Licensed Public Accountants Municipal Property Assessment Corporation Statement of Operations For the year ended December 31, 2013 (in thousands of dollars) Revenue Municipal Interest Other Expenses Salaries and wages Benefits Office Professional services Consulting Contractor Legal Corporate projects Rentals Equipment Facilities Software licences and maintenance Telecommunications and postage Amortization of capital and intangible assets Royalties Loss on disposal of assets Excess of revenue over expenses before change in fair value of investments Change in fair value of investments Excess of revenue over expenses for the year The accompanying notes are an integral part of these financial statements. 2013 2012 $ $ 190,562 188,769 2,103 2,256 10,356 9,139 203,021 200,164 117,116 115,235 32,042 29,721 5,929 6,825 972 1,116 4,192 4,102 5,520 4,567 1,655 3,770 367 1,330 10,718 11,015 7,434 8,154 5,071 7,211 6,043 5,675 1,039 936 392 51 198 490 199,708 4,531 456 {11099} {369} 3,432 87 Municipal Property Assessment Corporation Statement of Cash Flows For the year ended December 31, 2013 (in thousands of dollars) Cash provided by (used in) Operating activities Excess of revenue over expenses for the year Add (deduct): Items not affecting cash Change in fair value of investments Employee future benefits expense Amortization of capital assets Amortization of intangible assets Loss on disposal of assets Amortization of lease inducements Changes in non-cash working capital Accounts receivable Prepaid expenses Accounts payable and accrued liabilities Deferred revenue Investing activities Purchase of investments -net Purchase of capital assets Purchase of intangible assets Receipt of lease inducements Financing activities Repayment of bank loan Repayment of lease obligations Employee future benefits payments Increase (decrease) in cash during the year Cash -Beginning of year Cash -End of year Supplementary cash flow information Non-cash transactions Acquisition of leased vehicles Incurrence of lease obligations The accompanying notes are an integral part of these financial statements. 2013 2012 $ $ 3,432 87 1,099 369 5,097 4,436 4,981 4,739 1,062 936 392 51 (372} (300} 15,691 10,318 861 761 (384) (1) (894) 1,092 (1,302) (1,070} 13 972 11100 (8,769) (5,970) (2,220) (3,574) (299) {1,582) 768 154 (10,520} (10,972} {431) (414) i767) 502) {568) (1,700) (982) 1,752 (854) 12,632 13,486 14,384 12,632 (3,046) (1 ,228) 3,046 1,228 Municipal Property Assessment Corporation Notes to Financial Statements December 31, 2013 (in thousands of dollars) Intangible assets Computer software is recorded at cost and is amortized over the licence term or the expected useful life of one year, whichever is shorter. The costs of developing in-house software are expensed as incurred. Revenue recognition Income from assessment services is recognized in the year in which the services are provided. Interest income is recognized when earned. Other revenues are recognized when the services have been provided and collection is reasonably assured. Employee future benefits The corporation accrues its obligations under employee future benefit plans and the related costs when the benefits are earned through current service. The cost of post-employment benefits earned by employees is actuarially determined using the projected benefit method pro-rated on service and management's best estimates of retirement ages of employees, expected health-care costs and dental costs. Lease inducements Deferred lease inducements represent the free rent and improvement allowance received from landlords and are amortized over the term of the lease. Use of estimates In preparing the corporation's financial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. Accounts requiring significant estimates include accrued liabilities, capital assets and employee future benefits. Future accounting pronouncements The Canadian Accounting Standards Board has issued Chartered Professional Accountants of Canada (CPA Canada) Handbook Section 3463, Reporting Employee Future Benefits by Not-for-profit Organizations, which replaces Section 3461, Employee Future Benefits. Section 3463 requires the immediate recognition of all gains and losses arising from defined benefit plans, as they occur, in a separate line in net assets, eliminating deferral and amortization accounting. Section 3463 will be effective for fiscal years that start on or after January 1, 2014. (2) Municipal Property Assessment Corporation Notes to Financial Statements December 31, 2013 (in thousands of dollars) 6 Deferred revenue 7 Deferred revenue consists of the following amounts received for services or activities not yet performed, products not yet delivered, or stipulated expenditures not yet made. 2013 $ Data sharing agreement reserves 2,364 Other deferred amounts 22 2,386 Less: Current portion {1,061) 1 325 Employee future benefits 2012 $ 3,403 285 3,688 {1,221) 2,467 All employees of the corporation are part of a defined benefit multi-employer benefit plan providing both pension and other retirement benefits. This plan is accounted for as a defined contribution plan in accordance with the CPA Canada Handbook recommendations. In addition, the corporation has accrued an obligation for other post-employment benefits as follows: • Employees who transferred to the corporation from the Government of Ontario with less than ten years of service with the province will receive post-retirement group benefit coverage through the corporation for themselves and for their dependants' lifetimes. Employees hired by the corporation on or after December 31, 1998 will receive post-retirement group benefit coverage for themselves and for their dependants through the corporation until age 65. Employees who transferred to the corporation from the Government of Ontario on December 31, 1998 with ten or more years of service with the province remain covered for post-retirement benefits by the Government of Ontario. • Employees who transferred to the corporation from the Government of Ontario are entitled to receive special termination benefits equal to one week of pay for each year of service up to a maximum of 26 weeks at the end of their employment with the corporation, provided they serve a minimum of five years with the corporation. The corporation is a Schedule II employer under the Workplace Safety and Insurance Act (Ontario), 1997 and follows a policy of self-insurance for all its employees. Municipal Property Assessment Corporation Notes to Financial Statements December 31, 2013 (in thousands of dollars) 9 Reserve funds and unrestricted fund Fund balance -Beginning of year Excess of revenue over expenses for the year Purchase of capital and intangible assets Repayment of debt incurred to finance capital and intangible assets Incurrence of lease obligation for vehicles accounted for as a capital lease Inter-fund transfer to reserve for working funds Inter-fund transfer to reserve for assessment update Inter-fund transfer to reserve for enumeration Fund balance-End of year Reserve for Unrestricted working fund funds $ $ 8,741 15,000 9,867 - (5,565) - (1,198) - 3,046 - (6,637) 6,637 (1,119) - (1,735} - 5,400 21,637 2013 2012 Total Total Reserve for operating operating Reserve for assessment fund fund enumeration update balance balance $ $ $ $ 2,600 -26,341 26,098 --9,867 5,813 --(5,565) (6,384) --(1.198) (414) --3,046 1,228 ---1,119 1,735 4,335 1,119 32,491 26,341 (6) Municipal Property Assessment Corporation Notes to Financial Statements December 31, 2013 (in thousands of dollars) 11 Lease obligations The corporation entered into several vehicle leases with an interest rate of 3.6% that have a 12-month term. Although the leases are for one year, the corporation has the option to continue leasing the vehicles beyond the initial lease date on a month-to-month basis. On termination of the lease, the corporation has guaranteed a certain residual value of the vehicle to the lessor, depending on the ultimate lease term. If the leases are terminated at the end of the fiscal year, the corporation estimates the required payment for the leases to be $3,546 (2012-$990). 12 Contingent liabilities and guarantees The corporation has been named as a defendant in certain legal actions, in which damages have either been sought or, through subsequent pleadings, could be sought. The outcome of these actions is not determinable or is considered insignificant as at December 31, 2013 and accordingly no provision has been made in these financial statements for any liability that may result. Any losses arising from these actions will be recorded in the year the related litigation is settled. In the normal course of business, the corporation enters into agreements that meet the definition of a guarantee, as outlined in the CPA Canada Handbook. The corporation's primary guarantee subject to the disclosure requirements is as follows: The corporation enters into agreements that include indemnities in favour of third parties, such as purchase agreements, confidentiality agreements, leasing contracts, information technology agreements and service agreements. These indemnification agreements may require the corporation to compensate counterparties for losses incurred by the counterparties as a result of breaches of contractual obligations, including representations and regulations or as a result of litigation claims or statutory sanctions that may be suffered by the counterparty as a consequence ofthe transaction. The terms of these indemnities are not explicitly defined and the maximum amount of any potential reimbursement cannot be reasonably estimated. The nature of the above indemnifications prevents the corporation from making a reasonable estimate of the maximum exposure due to the difficulties in assessing the amount ofliability, which stems from the unpredictability of future events and the unlimited coverage offered to counterparties. Historically, the corporation has not made any significant payments under such or similar indemnification agreements and therefore no amount has been accrued in the statement of financial position with respect to these agreements. 13 Risk management Market risk The corporation's investments are susceptible to market risk, which is defined as the risk the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices. The corporation's market risk is affected by changes in the level or volatility of market rates or prices, such as interest rates, foreign currency exchange rates and equity prices. The corporation is subject to cash flow interest rate risk due (8) TOWN8HIP OF MU~£A Agenda Reference 9.a.1 • COUNCIL MEETING DATE: Febru RESOLUTION NUMBER: C--14/02/14 MOVED BY: SECONDED BY: WHEREAS the Township of Muskoka Lakes wish o express serious concern with Teranet and the Land Titles Electronic Registry System in Ontario, specifically as it relates to errors that were made when the paper based land registration system was converted to the electronic system; And Whereas the Township has been made aware of errors and omissions that are prevalent throughout the Province, especially with respect to rights-of-way and land ownership in cottage country; And Whereas the cost to landowners to rectify these errors can be expensive, take a significant amount of time, and result in undue hardship; And Whereas municipalities are burdened with the processing of increased consent applications before the Committee of Adjustment to correct errors and Omissions; Now therefore be it resolved that the Ministry of Government Services be advised that the Land Titles Electronic Registry System contains numerous errors and should be corrected forthwith at the sole expense of the Ministry; And further that the Ministry of Government Services develop a funding model to ensure that landowners~ ae not negatively financially affected by the need for title corrections noted above; And further that this resolution be forwarded to all other municipalities in the ProvlnceJfor support. ~ RECORDED VOTE: COUNCILLOR BARANIK COUNCILLOR BRENT COUNCILLOR BURGESS COUNCILLOR EDWARDS (Deputy Mayor} COUNCILLOR FURNISS COUNCILLOR HARDING COUNCILLOR KRUCKEL COUNCILLOR McTAGGART COUNCILLOR NISHIKAWA (Acting Deputy} __ MAYOR MURPHY TOTALS wvu).. P.Jf\-01 k MOTION DEFEATED MOTION CARRIED [ 1 [~ CENTRAL ALGOMA JOINT DISASTER RELIEF COMMITTEE Representing Township of Macdonald, Meredith & Aberdeen Additional, Township of Laird, Township of Plummer Additional & Municipality ofHuron Shores c/o Township of Macdonald, Meredith & Aberdeen Additional 208 Church St, P.O. Box 10, Echo Bay, ON POS lCO Inquiry Line: 705-248-2613 Fax Line: 705-248-3091 April 30, 2014 Potential Donor On September 10,2013 heavy rainfall caused extreme flooding in the Central Algoma area leaving behind hundreds of thousands of dollars worth of destruction and damage resulting in the area being declared a disaster area by the provincial government. A volunteer committee, the Central Algoma Joint Disaster Relief Committee (CAJDRC), has been set up to spearhead the local fundraising effort to assist the private sector of our area. A tentative fundraising target of $80,000.00 has been set to provide assistance to local homeowners, farmers and small businesses whose essential property has been damaged from the flooding in the four represented townships. A considerable community response is needed to help those less fortunate who have suffered such private and personal devastating losses. Financial support from the area will be instrumental in attracting provincial financial assistance. For every dollar raised, the province of Ontario will contribute up to a ratio of2:1 through the Ontario Disaster Relief Program, ODRAP. Your caring financial assistance will make a huge difference in the lives of victims of the flood by helping them regain their homes, businesses and lives. Please make a donation today to the Central Algoma Joint Disaster Relief Fund. Every amount, big or small will be a generous donation toward helping your neighbours in nearby communities recover from this disaster. Ministry of Tourism, Culture and Sport Director Program and Services Branch Culture DMsion 401 Bay Street, Suite 1700 Toronto ON M7A OA7 TeL: 416 314-7342 Email: peter.armstrong@ontario.ca April25, 2014 Mr. Rick Cox Minisrere du Tourisme, de Ia Culture et du Sport Dlrecteur Direction des programmes et des services Division de Ia culture 401, rue Bay, bureau 1700 Toronto ON M7A OA7 Tel. : 416 314-7342 Courriel: peter.armstrong@ontario.ca Director of Parks & Recreation Town of Tillson burg 200 Broadway 2nd Floor Tillsonburg, ON N4G 5A7 Dear Mr. Cox: ('~ Vontario I am delighted to offer my congratulations on your successful application to the Culture Development Fund. The interest shown in the new fund, and the quality of the proposals received was impressive. The ministry was able to support 80 projects, including yours, designed to strengthen Ontario's culture sector. Organizations from across the province will work to improve internal governance, collaborate more effectively, develop internal capacity and make innovative use of new technologies. I am pleased that you will be an active participant in making these important changes. The culture sector is a valuable asset to all Ontarians, and. the ministry is a pro~d supporter of your efforts. I look forward to hearing about the progress and results of your project. eter Armstt· STAFF REPORT CAO Title: SHAREHOLDER APPOINTMENT TO THE BOARD OF DIRECTORS OF TILLSON BURG HYDRO INC Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION CAO 14-08 DAVID CALDER COUNCIL MEETING MAY 12,2013 THAT Council receive Report CAO 14-08, SHAREHOLDER APPOINTMENT TO THE BOARD OF DIRECTORS OF TILLSONBURG HYDRO INC; AND THAT _______ be appointed as a member to the Board of Directors of Tillson burg Hydro Inc. EXECUTIVE SUMMARY There is currently one shareholder vacancy on the Board of Directors of Tillson burg Hydro Inc. as a result of the resignation of the former Mayor John Lessif. Mayor Beres has requested that Council appoint the Mayor to the Board of Directors as the third representative of the shareholder. Past practice of the Shareholder is to appoint the Mayor to this position, therefore, it is appropriate to appoint the newly appointed Mayor Dave Beres, as the third shareholder representative on the Board. FINANCIAL IMPACT/FUNDING SOURCE Member stipend is paid for from the Tillsonburg Hydro Inc. budget and funds are available. APPROVALS Author Name/Signature DAVID CALDER DATE: MAY 5, 2013 CAO/Signature N/A DATE: Finance Name/Signature N/A DATE: CAO Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS OFFICE FILLING THE VACANCY FOR THE POSITION OF COUNCILLOR CL 14-13 DONNA WILSON COUNCIL MEETING MAY 12,2014 2010 MUNICIPAL ELECTION RESULTS LETTERS OF INTEREST THAT Council receives Report CL 14-13, Filing the Vacancy for the Position of Councillor. EXECUTIVE SUMMARY The purpose of this Report is to provide for an accountable and transparent process for filling the vacant seat of Councillor for the Town of Tillson burg for the remainder of the term of Cou neil. BACKGROUND At the Council meeting of May 2, 2014, Council declared the Council seat to be vacant and therefore, in accordance with section 263 (5) of the Municipal Act, Council has 60 days from May 2, 2014 to appoint a person to fill the Council vacancy. At that same Council meeting, Council passed the following resolution: "THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option B, as captured in Report CL 14-12." Option B of Report CL 14-12, states that Council may appoint an eligible elector or the next runner-up from the 2010 election. This option is somewhat broad and as Council did not narrow the options to either an eligible elector or the next runner-up from the 2010 Municipal Election, the process has allowed for nominations. Two eligible electors have submitted their interest for the Councillor position. Attached are their letters of interest for review and consideration. CAO FINANCIAL IMPACT/FUNDING SOURCE Costs to be accommodated in the current year operating budget. APPROVALS Author Name/Signature Donna Wilson DATE: May 5, 2014 Finance/Signature N/A DATE: CAO Name/Signature David Calder DATE: May 6, 2014 3 CAO Page 1 of1 Vacany BRENDA to: Donna Wilsonffillsonburg 05/01114 01:46PM Hide Details From: "BRENDA" <wfcarroll@kwic.com> To: "Donna Wilson/Tillsonburg" <DEWilson@tillsonburg.ca>, Security: To ensure privacy, images from remote sites were prevented from downloading. Show Images History: This message has been replied to and forwarded. Donna I am sending this to you for circulation to members of Council, if appropriate to do so. Letter of Interest to fill Mayor or Council seat, if needed. The purpose of this letter is to formally express a willingness to serve again if nominated. I certainly have experience in both roles and while there has been a lengthy absence I have stayed informed in matters of Council and County. I have no aspirations beyond an interim involvement but I am willing and able to serve the Community for the remaining term if needed. Thanking you in advance for your consideration, which in it's self is an honor. Yours truly, Brenda Carroll This email is free from viruses and malware because avast! Antivirus protection is active. file:///C:/Users/DEWilson!AppData/Local!Temp/notesD39658/~web3205.htm 5/06/14 May4, 2014 Stephen B. Molnar 19 Hillyndale Road, Tillsonburg, Ontario N4G 2W3 Town ofTillsonburg 200 Broadway-2"d Floor, Tillsonburg, Ontario N4G SA7 Attention: Donna Wilson-Clerk RE: Vacant Councillor Position (Report CL 14-12) Ms. Wilson, In regards to a recent Resolution at Tillson burg Municipal Council (Report CL 14-12 of May 2, 2014) and the potential direction that may be enacted regarding Option 'B', I offer the following information for Council's consideration. It is my intention, by way of this correspondence, to indicate to the Clerk, CAO, Members of Council and the residents of the Town of Tillson burg of my interest in filling the vacant Councillor position for balance of the current term of office. I can further confirm that I am eligible as referenced in Option 'B' and highlighted in the Municipal Elections Act. I have thirteen years of municipal governance experience (1997-2010) and remain active in promoting the growth of our community. I have remained up to date on the majority of local initiatives and am committed to acting without any bias in supporting the corporate direction as already established in the 2014 Budget and Business Plan. My experience with the Municipal Act, Tillsonburg Procedural By-law, Police Services Board, Hydro Board (THI) and other legislated responsibilities should assist in providing for a smooth transition. I remain available to discuss this opportunity further and wish Council well in their deliberations on this matter. Regards, Stephen B. Molnar CC: CAO and Council Appendix B -2010 Election Results 4,706 electors voted in the 2010 Tillsonburg municipal election out of a total of 11,850 electors. Tillsonburg Municipal Election Results 2010 MAYOR TOTAL John Lessif 2501 Stephen Molnar 2194 DEPUTY MAYOR Mark Covey 1138 Rick Miggins 1417 Mark Renaud 2021 COUNCILLOR Dave Beres 2882 Debbie Brady 1129 Dianne I. Clark 993 Mel Getty 2468 Bill Hildebrand 944 Marty Klein 2098 Sam Lamb 1556 Brad Lemaich 1027 Chris (Chrissy) Rosehart 2594 Brian Stephenson 1848 Jim Van Rybroeck 1775 STAFF REPORT DEVELOPMENT 8r. COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Clean Yard By-Law DCS 14-27 Geno Vanhaelewyn, Chief Building Official COUNCIL MEETING MAY 12, 2014 • Current Clean Yard By-Law 2996 • Proposed Clean Yard By-Law 3810 THAT Council receive Report DCS 14-27 Clean Yard By-Law for information; AND THAT Clean Yard By-Law 3810 to regulate and prescribe standards for the maintenance of lands in the Town of Tillson burg be brought forward for Council consideration. EXECUTIVE SUMMARY This is a follow up to Report "DCS 14-17 Clean Yard By-Law" presented to Council on April 14, 2014. Clean Yard By-Law 3810 received first and second readings with a suggestion from Council there should be an appeals committee, such as found in the Property Standards By-law prior to third reading. Staff reviewed the suggestion related to this by-law and do not recommend that an appeal process is provided for the following reasons: Current by-law 2996 does not have an official appeal process. Any concern related to enforcement is filtered to the Chief Building Official (CBO) for direction. The CBO does not have any concerns related to this current process. -The Clean Yard By-law relates to basic items such as garbage removal, grass cutting, etc. (items that can typically be completed by the owner with minimal cost) compared to the Property Standards By-law which includes the maintenance of buildings and structures. The parameters required around an FINANCIAL IMPACT /FUNDING SOURCE Adding an appeal process would require staff overtime to process. No financial impact or changes in fees if there is no appeal process and funding would remain the same as per the current Rates & Fees By-Law. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Geno Vanhaelewyn David Calder (Acting) Darrell Eddington Page 3 I 3 Date: May 5/14 Date: May 6/14 Date: May 6/14 CAO CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2996 BEING A BY-LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE OF LANDS IN A CLEAN AND CLEAR CONDITION WHEREAS, the Municipal Act, R.S.O. 1990, Chpt. M.45, Section 210 paragraphs 80,82, 131, 135 and 136 authorizes the council of municipalities to pass by-laws for prescribing standards for the maintenance oflands in a clean and'clear condition; AND WHEREAS it is deemed expedient to establish standards for the maintenance of lands in the TOWN OF TILLSONBURG. ... NOW THEREFORE the council of The Corporation of the Town ofTillsonburg enacts as follows: Definitions 1. In this by-law (a)''Town" means the Corporation of the Town ofTillsonburg; (b) "Construction waste" includes every and all material used for residential, commercial and industrial construction. The term construction waste does not include material with a designated use. Designated use is defined as material to be utilized in ~e project within 30 days of such items arrival at the construction site. Construction waste shall not include any material for which the by-law officer has specifically exempted, with reference to this by-law, in any sub- division agreement. Construction waste shall not include any material for which the Town has specifically exempted in writing. (c)" Domestic waste" means any article, thing, matter or any effluent belonging to or associated with a house or household or concerning or related to the home or family that appears to be waste material; and for greater certain, but not so as to restrict the generality of the foregoing terms of the clause, it is hereby that domestic waste extends to the following classes of waste material: i. Accumulations, deposits, leaves, litter, remains, rubbish, trash, and dead branches; ii. Refrigerators, freezers, other household appliances, or any parts thereof; iii. Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or plumbing fixtures; iv. Inoperative motor vehicles; trailers, vehicle parts and accessories; v. Paper, cartons, fabrics and carpets; vi. Furniture; vii. Crockery; viii. Sewage By-law No. 2996 Clean Yard By-law -3- (k) "Person": means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; (!) "Private drain": means a drain or sewer or part thereof situated on private property; (m) "Refuse'' has the same meaning as waste material; (n)"Sewage" includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off; (o) "Waste material," means material or effluent that, in the opinion of the By-Law Enforcement Officer. (1) Appears to have been cast aside or discarded or abandoned; or (2) Appears to be worthless or useless or of no practical value; or (3) Appears to be used up, in whole or in part, or expended or worn out in whole or in part. (4) Appears to be a hazard or be physically dangerous to a person who would reasonably be expected to use the property, traverse the area near the property or neighbors to the property. Physical danger includes risk, even if such risk is small, to the persons health by way of biological or environmental danger. "Use of Property'' includes persons who are reasonably expected to be on the property whether they are invited or not. By-Law Regulations: 2. (I) Every owner shall keep his or her grounds, yard or vacant land, filled up, drained clean or cleared up. (2) Every owner shall keep in repair his or her private drain. (3) Every owner shall alter or relay the private drain as may be required by the By- Law Enforcement Officer. (4) For the purpose of subsection 2(1) "clean or cleared up" includes the removal, trimming, or cutting of weeds, grass, or ground cover more than eight (8) inches in height. 3. No person shall throw, place or deposit refuse or debris on private property without the written authority of the owner or occupant of the property. 4. Every owner shall provide for the sanitary disposal of sewage and drainage from his or her land or buildings. 5. (1) Except as provided in section 3 and in subsection 5(4) every owner shall keep his or her land free and clear of all garbage, refuse, domestic, industrial, construction waste or waste material of any kind. (2) No person shall use any land or structure within the limits of Town of Tillsonburg for dumping or disposal of garbage, refuse, domestic, industrial, construction waste or waste material of any kind. By-law No. 2996 Clean Yard By-law (2) The notice will state: -----. • 5- (a) They have 10 days or such longer time as provided in the notice (b) They must comply within the notice period otherwise the work will be done ,by the Town, with the cost sought from the owner of the material and/or the owner of the land; (c) The cost will be added to their municipal taxes; and, (d) The notice will be served personally or to the last known address of the property and owner of the material. (2) Every notice sent by the By-Law Enforcement Officer shall identify the land of structure. (3) Every notice to an owner may be sent to the address shown on the last assessment roll or to the known address. 8. (1) Where an By-Law Enforcement Officer believes on reasonable grounds that this by-law is being contravened, the By-Law Enforcement Officer may, at all reasonable times and upon producing proper identification, enter and inspect the use of any land or structure for the purpose of determining whether, (a) The land or structure is used for dumping or disposing of garbage, refuse, domestic, industrial or construction waste and waste material of any kind; (b) The land or structure is used for the storing or used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal; (c) The owner has complied with any notice sent by the By-Law Enforcement Officer. (d) The lands Conform to this By-Law in all respects (2) Every owner shall permit The By-Law Enforcement Officer to inspect the land or structure for the purpose of subsection 1. (3) An By-Law Enforcement Officer shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9. (I) Where the owner is in default of doing the matter or thing required to be done under this by-law, the By-Law Enforcement Officer may, without further warning and after the expiry of the period of time set out in the Notice and reasonable belief of the by-law officer that the default continues; (a) fill up, drain or clear up the grounds, yard or vacant land; (b) repair the private drain or alter or relay the private drain; (c) Remove refuse or debris (d) provide for the sanitary disposal of sewage and drainage; (e) Remove garbage, refuse or domestic, industrial, construction waste or waste material; THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3810 A BY -LAW to establish and maintain clean and clear lands and to repeal by-law 2996. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person, for the purpose of exercising its authority under this or any other Act; WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction; AND WHEREAS Council may pass by-laws under the following provisions of the Municipal Act as amended; AND WHEREAS Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits a municipality may pass by-laws requiring a owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings and for regulating when and how such matters shall be done, for prohibiting the disposal of refuse or debris on land without the consent of the owner or occupant of land and for defining "refuse"; AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS section 446 of the Municipal Act 2001, S.O. 2001, c. 25 as amended provides that if a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the Municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense and the Municipality may recover costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Clean Yard By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: establish and maintain lands in a clean and clear condition, within the corporate limits of the Town of Tillsonburg. c) in a state of disrepair or unslightly by reason of missing door, glass or body "DWELLING UNIT" means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate a single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway "GARBAGE" has the same meaning as waste material "HIGHWAY" shall have the same meaning as the Highway Traffic Act, RSO 1990, c.H.8, as amended, and shall include a common and public highway, street, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof "INDUSTRIAL WASTE" means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material "MOTOR VEHICLE" includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, RSO 1990, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine "NATURALIZED AREA" means a landscape area that has been deliberately implemented to produce ground cover which consists of one or more species of wildflowers, annuals, perennials, shrubs and grasses or a combination thereof "ORDER" mean the written order as set out in Section 8 of this by-law "OWNER" means a registered owner of land, or any person in control of land, including a lessee or an occupant thereof "PERSON" means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; and includes an owner "PRIVATE DRAIN" means a drain or sewer or part thereof situated on private property "REFUSE" has the same meaning as waste material "SEWAGE" includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off "STANDING WATER" means any water, other than a natural body of water that exist on a permanent basis or contained within a municipally owned storm water management facility, that is found either on the ground or in waste as defined in this by-law, but shall not include any of the following maintained in good repair and working condition; swimming pool, hot tub, wading pool, drainage swale or artificial pond "TOWN" means the Corporation of the Town of Tillson burg "WASTE MATERIAL" means material or substance that is unusable or unwanted effluent that, 3 SECTION 4 NATURALIZED AREA 4.1 All naturalized areas must be in accordance with the following requirements: i. Any naturalized area on their land does not encroach above or onto any adjacent property ii. Where any naturalized area on their land is located within a sight line triangle, as defined by the Zoning By-law, such naturalized area complies with the maximum height regulations in the Zoning By-law respecting site triangles iii. No fill shall be allowed to remain in an unleveled state on any property longer SECTION 5 than 10 days (1 0) days unless the property is: a. A property on which a building permit or is in effect b. A property being subdivided under subdivision agreement with the Town c. Property upon which material is being stored with the approval of the Town of Tillson burg in connection with a public works contract d. Zoned for such use as per the Town of Tillsonburg's Zoning By-law COM POSTING 5.1 All com posting shall be carried out by the owner/tenant of the land in accordance with the following requirements: i. Com posting shall take place only in a container, pile or digester ii. Com posting shall take place in the rear yard of a property iii. Composting shall be set back at least 0.6 meters (2 feet) from any property line iv. The composting shall not take place within a swale v. The com poster or compost pile shall be no larger than 4.5 cubic meters, in a residential zone or abutting a residential zone. vi. A compost container or pile must be covered at all times, in a residential zone or abutting a residential zone, except when being emptied, or filled. vii. Organic materials placed in composter shall be kept covered with yard waste, soil, or humus. viii. The compost shall emit no offensive odor and it shall not be allowed to attract or harbour any vermin ix. The composting shall take place on the property of the person owning, having charge of or harboring the com poster or compost pile SECTION 6 STANDING WATER 6.1 No person shall keep a swimming pool, hot tub, wading pool, or artificial pond unless it is maintained in good repair and working condition. 5 8.2 The order will state: i. the section that is in contravention of the by-law ii. the location/address of the contravention iii. reasonable particulars of the contravention iv. the work to be completed v. the date by which the work must be completed (minimum 10 days will be provided) Where an owner contravenes an Order the officer may without any further notice cause the work to correct the contravention to be done at each owner's expense. Without limitation, the officer may retain such persons to assist in completing the work as the By-law Enforcement Officer determines appropriate. All costs incurred by the Town in relation to such work may be recovered by the Town by being added to the tax roll and collected in the same manner as property taxes. An administrative fee will also be added as per the annual Rates and Fee By-law. SECTION 9 PENALTY Each person who contravenes any provision of this by-law is guilty of an offence. A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part Ill of the Provincial Offences Act, R.S.O. 1990, c. P.33, is liable to a fine of no less than five hundred dollars($500.00), and no more than Ten Thousand Dollars ($1 0,000) for each day or part of a day on which the offence occurs or continues provided that the total of all daily fines for the continuing offence shall not exceed One Hundred Thousand Dollars($1 00,000). A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part 1 of the Provincial Offences Act, R.S.O. 1990, c. P.33, is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. SECTION 10 SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary. SECTION 11 REPEAL THAT By-Law No. 2996 is hereby repealed in its entirety. 7 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2014 BUDGETARY ESTIMATES AND TAX RATES FIN 14-21 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MAY 12, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14-21 2014 Budgetary Estimates and Tax Rates. AND THAT By-Law 3820 to provide for the adoption of 2014 budgetary estimates, tax rates, installment due dates and further to provide for penalty and interest on default of payment be brought forward for Council consideration. EXECUTIVE SUMMARY To present the By-Law adopting the 2014 budgetary estimates and tax rates to Council for consideration. BACKGROUND At the Council meeting held on January 27, 2014, Council adopted the 2014 budget and business plans establishing a requirement from taxation for general purposes of $12,761,037. To meet this levy requirement, tax rates have been calculated. Attached is By-Law 3820 specifying the approved levy amount along with Schedule "A" that provides for the applicable calculated 2014 tax rates to generate the levy amounts for each requisitioning body. The By-Law will be brought forward later in this meeting for three readings. FINANCIAL IMPACT /FUNDING SOURCE N/A CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO 3820 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2014. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as follows: I) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2014, and endorsed by resolution, January 27th, 2014, raising the following amounts from realty taxation be adopted: A) A general municipal levy of$12,761,037 B) A special levy for core area parking of$139,460. C) A special levy for the Business Improvement Area of$107,000. 2) That the tax rates hereby adopted for each class for the year 2014, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule "A" attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT SECOND INSTALMENT Thursday, August 21,2014 Thursday, October 23, 2014 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2014 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2014, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes TOWN OF TILLSONBURG Schedule "A" to By-Law 3820 2014 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY SEWERS EDUCATION RATES PARKING B.I.A. TOTAL RT RESIDENTIAL 0.00722218 0.00431078 0.00024336 0.00203000 0.01380632 0.00120478 0.01501110 MT MULTI-RESIDENTIAL 0.01978877 0.01181154 0.00066681 0.00203000 0.03429712 0.00330108 0.03759820 CT COMMERCIAL 0.01373514 0.00819825 0.00046282 0.01460000 0.03699621 0.00229124 0.00175246 0.04103991 XT COMMERCIAL NEW CONSTRUCTION 0.01373514 0.00819825 0.00046282 0.01220000 0.03459621 0.00229124 0.00175246 0.03863991 cu VACANT UNITS/EXCESS LAND 0.00961460 0.00573877 0.00032398 0.01022000 0.02589735 0.00160387 0.00122672 0.02872794 ex VACANT LAND 0.00961460 0.00573877 0.00032398 0.01022000 0.02589735 0.00160387 0.00122672 0.02872794 xu COM'L NEW CONST.-EXCESS LAND 0.00961460 0.00573877 0.00032398 0.00854000 0.02421735 0.02421735 IT INDUSTRIAL 0.01899433 0.01133735 0.00064004 0.01560000 0.04657172 0.04657172 JT INDUSTRIAL NEW CONSTRUCTION 0.01899433 0.01133735 0.00064004 0.01220000 0.04317172 0.04317172 IU VACANT UNITS/EXCESS LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 IX VACANT LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 LT LARGE INDUSTRIAL 0.01899433 0.01133735 0.00064004 0.01560000 0.04657172 0.04657172 LU VACANT UNITS/EXCESS LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 PT PIPELINES 0.00909489 0.00542856 0.00030646 0.01066920 0.02549911 0.02549911 FT FARMLAND 0.00180555 0.00107770 0.00006084 0.00050750 0.00345159 0.00345159 R1 FARMLAND DEV PH 1 0.00324998 0.00193985 0.00010951 0.00091350 0.00621284 0.00621284 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE Bank Signing Authorities FIN 14-20 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MAY 12, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN14-20 Bank Signing Authorities. AND THAT Council hereby appoints the following as designated signing authorities for the Town's general banking needs: Mayor Dave Beres or Deputy Mayor Mark Renaud; and one of the following: Director of Finance/Treasurer, Darrell Eddington; or Deputy Treasurer, Ken Patterson. EXECUTIVE SUMMARY To obtain Council with approval on designated bank signing authorities. BACKGROUND When a bank signing authority changes, Council must re designate the Town's bank signing authorities. FINANCIAL IMPACT /FUNDING SOURCE None. CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES 2014 Fuel Tender Report OPS14-10 D.Davis, Fleet Manager S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee MAY 12, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receive Report OPS 14-10 as information; THAT Council accepts the Elgin Middlesex Oxford Purchasing (EMOP) co-op tender report and participates in the 3 year contract awarded to Dowler Karn/ESSO fuels EXECUTIVE SUMMARY Tender results of the EMOP Tender for fuel supplier. Dowler Karn was the low qualified bid. HISTORY A Request for Tender for the supply and delivery of Diesel Fuel and Gasoline was issued by the London Transit Commission (LTC) on behalf of the participating EMOP members in accordance with established procedures and closed on March 7, 2014. The term of the contract is for a 3 year period commencing May 1,2014 expiring on April 30, 2017 with two - 1 year renewal options. Two submissions were received from Suncor Petro Canada and Dowler Karn Esso. LTC has reviewed the tender results and concluded the Suncor bid to be non-compliant for not accepting the terms and conditions of the tender as written. LTC has accepted the bid from Dowler Karn ESSO and is recommending that EMOP members accept the Dowler Karn bid as well. COMMENTS The tender bid results for Tillsonburg are as follows: CAO APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: 7 May, 2014 Operations Darrell Eddington, Director of Finance 3 DATE: 7 May, 2014 CAO STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: AWARDING SERVICES CONTRACT FOR CIA PROJECT COORDINATOR Report No.: PRS 14-13 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee MAY 12, 2014 Date: Attachments: • PROFESSIONAL SERVICES CONTRACT RECOMMENDATION THAT Council receives report PRS 14-13 Awarding Services Contract for CIA Project Coordinator as information; AND THAT Council award the contract to Mary-Anne Murphy; AND THAT a by-law be brought forward for Council's consideration. EXECUTIVE SUMMARY A professional services contract for the work of Project Coordinator for the CIA Project is being awarded to a qualified vendor based on the recommendation of the selection team struck by the CIA Project Steering Committee. BACKGROUND The CIA Project includes funding for a Project Coordinator function which is intended to be delivered through a professional services contract. The CIA Project Steering Committee delegated responsibility for the recruitment and recommendation of this contractor to the Director of Parks & Recreation Services and one other Steering Committee member acting as the selection team. The contract opportunity was advertised and three proposals were received. The selection team interviewed all three candidates and is recommending that Council award the contract to Mary-Anne Murphy BLA, OSA, SCA from Woodstock. A professional services contract was drafted and reviewed by the Town's legal advisors, and a copy is attached. FINANCIAL IMPACT /FUNDING SOURCE The funding for this contract is provided through the approved CIA Project Budget and the provincial grant funds to pay for this element of the project have been received by the Town. The compensation rate in this contract matches the approved grant funding, and 112 PRS 14~13-Awarding services contract for CIA Project Coordinator.docx CAO PROFESSIONAL SERVICES CONTRACT AGREEMENT Project Coordination, Tillsonburg Cultural Improvement Alliance BETWEEN: AND The Corporation of the Town of Tillsonburg (the "Town") Mary-Anne Murphy ("the Contractor'') WHEREAS a consortium of the Tillson burg Arts & Crafts Guild, the Tillson burg & District Historical Society, Oxford Creative Connections Inc. and the Town was formed to develop governance and operational capacity within the cultural sector in Tillsonburg through a common support network (the "Project") called the Tillson burg Cultural Improvement Alliance ("CIA"); AND WHEREAS the Town has received funding from the Government of Ontario for the purposes of developing the Project (the "Funding"); AND WHEREAS the Town is desirous to retain a project coordination facilitator that will assist the Town to accomplish the deliverables of the Project and commitments required pursuant to the Funding; AND WHEREAS the Contractor and Town are both desirous to enter into this contract (the "Agreement"); THEREFORE IN CONSIDERATION for the covenants, payments and promises as contained in this Agreement the Parties agree as follows: A. Duration of Agreement 1. The Term of this Agreement, subject to the termination provisions, shall be for eleven months (the "Term") and shall commence on May 1, 2014 (the "Commencement Date") and terminates on March 31, 2015 (the "End Date"). The Contractor acknowledges and accepts that on the conclusion of the Term the Contractor shall not be entitled to any notice of termination, pay in lieu of notice, severance of any kind or damages of any kind whatsoever. The Parties expressly acknowledge that this Agreement is a fixed term contract. 2. This Agreement and/or the Term may be only extended by the mutual consent of both Parties (the "Extension"). If a Party desires to extend this Agreement beyond the End Date then written notice must be provided to CIA Project-Professiona1 Services Contract-Final.docx 1/11 02-May-2014 agreement, by the Town to the Contractor pursuant to this Agreement (collectively the "Services"). 5. In performance of the Services the Contractor shall be discussing and consulting with the groups participating in the CIA, the Town, the Project Steering Committee and all other stakeholders (collectively the "Stakeholders"). The Contractor shall be expected to attend meetings of the Stakeholders. 6. The Contractor shall provide its own office, computer and support in performance of the Services at the Contractor's sole cost. The Contractor shall also provide its cell phone number to the Town, CIA and Stakeholders which the Contractor shall be available to be reached. The Town shall provide an email address to the Contractor. At no time shall the Town be liable for or reimburse the Contractor for the cost of the cell phone, long distance charges, roaming charges, internet and/or data charges. 7. ·The Contractor agrees to devote 60 to 65 hours per calendar month starting on the Commencement Date to perform the Services. If the Services require the Contractor to devote more than 60 to 65 hours per calendar month then the Contractor must first seek approval from the Director for such additional hours. Any hours or amounts on any Invoice that exceed more than 65 hours per month shall be rejected and not paid by the Town unless prior approval was obtained from the Director. 8. The Contractor shall report to the Director of Parks & Recreation (the "Director") and the Contractor shall be under the oversight of the Project Steering Committee. 9. Any additional special projects that are outside the scope of this Agreement, Project and/or Funding shall be by written agreement between the Town and the Contractor and invoiced separately by the Contractor. 10. As part of the Services the Contractor will provide a comprehensive activity and results report monthly to the Director. 11 . The Contractor covenants, warrants and represents that: a) It shall supply all materials, consumables and labour to perform the Services. At no time shall the Town or CIA be required to provide any material for the Contractor; b) At all times the Contractor shall act in a civil, responsible, courteous and conscientious manner; CIA Project -Professional Services Contract-Final.docx: 3/11 02-May-2014 Services and while driving to and from the Town with limits of no less than $2,000,000.00. 16. The Contractor acknowledges and agrees that it is performing the Services entirely at its own risk. The Contractor acknowledges and agrees: a. that the Town provides no warranty, covenant or representation as to the condition or safety of the Contractor while in the Town, at meetings of Stakeholders, on properties owned by the Town and/or Stakeholders; and, b. to indemnify the Town, CIA and Stakeholders (and their officers, directors, counselors, managers, employees, volunteers) for any and all liability, costs (including but not limited to legal costs), out of pocket expenses, losses of any kind whatsoever and howsoever arising and damage to property of the Town and/or Stakeholders and/or CIA arising in any way whether in tort, by statute, equity, law, negligence, contract, breach of warranty, intentional actions of the Contractor (or its employees, contractors, agents shareholders, officers and directors) due to or in performance of the Services or in any manner connected to this Agreement or connected to the Services in any way whatsoever and howsoever arising. 17. Throughout the Term the Contractor shall hold the Town, CIA and Stakeholders (including but not limited to its managers, officers, directors, counselors, employees and volunteers) harmless, indemnify the Town, CIA and Stakeholders and defend the Town, CIA and Stakeholders (with legal counsel reasonably acceptable to the Town) against any and all demands, proceedings, claims, liabilities, obligations, damages, awards, judgments, administrative fines, or other losses or expenses of any kind any of them may receive or incur as a result of the activities, actions, products, breach of any warranty or omissions of the Contractor (including, but not limited to its shareholders, officers, directors, employees, agents or subcontractors) including, but not limited to, negligence, breach of contract, tort, equity, law, intentional actions or breach of any statute or by-law except what is caused by the Town, Stakeholders and/or CIA. 18. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall act in an appropriate manner in keeping with the terms of this Agreement; CIA Project-Professiona1 Services Contract-Final.docx 5111 02-May-2014 21. The Town shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial or Municipal laws, by-laws, regulation or rules relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the Town in respect thereto with regard to the Services. F. CONFIDENTIAL INFORMATION 22. The Contractor acknowledges, covenants, understands and acknowledges that: (a) use of the Confidential Information is solely for the purposes of performing the Services; (b) it will take all reasonable precautions to protect the Confidential Information; (c) the Confidential Information, even though it may be shown to the Contractor, it is the exclusive property of the Town to be held by the Contractor in trust; and, (d) all Confidential Information shall be returned to the Town when requested or in any event upon the End Date or termination of this Agreement for any reason. 23. In this Agreement the term "Confidential Information" shall include, but not limited to, information emanating from the Town, its associates, affiliates, agents, contractors (including the Contractor), Stakeholders, CIA, Government of Ontario, suppliers, clients or customers, and/or conceived, developed and/or obtained by any means and includes, but not limited to, all data, documents, Funding, designs, information and intellectual property, whether oral, written or computerized, of the Town, Stakeholders and/or CIA that includes, but not limited to: contacts, marketing plans, business methods, production methods, processes, trade secrets, technical information, quotes, software, designs, engineering, suppliers, know-how, plans, specifications, identity of clients, financial records, identity of potential clients, financial statements, accounting journals and identity of suppliers. Confidential Information shall include documents, designs, quotes, information, contacts and intellectual property created by, produced by and/or obtained by the Contractor whether in or out of the course of performing the Services during the Term including any Extension and the Parties further agree that the creation of the documents, designs, information, contacts and intellectual property by the Contractor during the Term, or any Extension shall be de facto proof that it was created, produced and/or obtained in the course of this Agreement. CIA Project-Professional Services Contract-Final.docx 7/11 02-May-2014 The Contractor at: 134 Fairview Crescent Woodstock, ON N4S 6L7 29. This Agreement and schedules attached hereto constitute the complete and final Agreement between the Parties regarding the subject matter hereof and supersedes all previous discussions, representations or undertakings, whether oral or written. The Parties agree that there are no terms, express or implied, representations, verbal, understandings or commitments unless contained in this Agreement. No amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 30. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Town and/or the Contractor as the context permits. 31. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 32. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent CIA Project-Professiona1 Services Contract-Final.docx 9/11 02-May-2014 SCHEDULE "A" PROJECT WORKPLAN DUTIES AND RESPONSIBILITIES CIA Pr~ject-Professional Services Contract-Final.docx 11/11 02-May-2014 Title: Report No.: Author: Meeting Type: Councii/Commi ttee Date: STAFF REPORT CLERKS OFFICE COMMUNITY POLICING AGREEMENTS CL 14-14 DONNA WILSON COUNCIL MEETING MAY 12,2014 Attachments: AGREEMENT TO ESTABLISH THE SAFER COMMUNITY -1,000 OFFICERS PARTNERSHIPS AGREEMENT TO ESTABLISH THE COMMUNITY POLICING PARTNERSHIPS RECOMMENDATION THAT Council receives Report CL 14-14, Community Policing Agreements; AND THAT By-Laws to authorize agreements with Her Majesty The Queen In Right Of Ontario and Tillsonburg Police Services Board be brought forward for Council consideration. EXECUTIVE SUMMARY To obtain authority from Council to enter into two agreements with Her Majesty The Queen In Right Of Ontario and Tillsonburg Police Services Board. There are two agreements: the Community Policing Partnership Program that provides a cost sharing for two police officers up to a maximum of $30,000 per officer plus a share of overtime costs not to exceed $5,000 per officer; and the Safer Communities -1,000 Officers Partnership Program that provides funds used to pay half the costs of two officer salaries, overtime and payroll benefits to a maximum of $35,000 per officer. FINANCIAL IMPACT /FUNDING SOURCE The 2014 budget includes the grant funding relating to these two programs at $130,000. The actual amount received for 2013 was $130,918. CAO THE AGREEMENT effective as of the 1st day of April, 2014. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services (the "Ministry") and- Town ofTillsonburg (the "Recipient") and- Tillsonburg Service Board (the 1'Board") WHEREAS in 2003. the Ministry established the Safer Community -t,ooo Officers Partnership (1,ooo Officers) Program (the "Program") as part of the government's commitment to make Ontario communities safer by enhancing police visibility; AND WHEREAS the Ministry wishes to continue to fund the activities of the Board by providing funds to the Recipient for the purposes of supporting its contribution to the Board's budget to maintain the increased number of sworn officers of the OPP Oxford Detachment (Tillson burg) for enhanced police visibility; NOW THEREFORE 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 1 ... "Project" means the undertaking described in Schedule "B". "Project Completion Date" means March 31, 2015 for Funding Year 1 and March 31, 2016 for Funding Year 2. "Reports" means the reports provided in Schedule "C". "Timelines" means the dates and times set out in Schedule "A". ARTICLE :z.-REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient and the Board each 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 cany out the Project; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Ministry 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 and the Board each 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 and the Board each represents, warrants and covenants that upon execution and for the period during which the Agreement is in effect, it: (a) (i) is a municipal police service board or a municipality in a municipality that has established a municipal police service or whose council has entered into an agreement under s. 10 of the Police Services Act for the provision of police services by the Ontario Provincial Police ( OPP); or (ii) it is a First Nation police services board/commission or a First Nation band council in a First Nation community that has established a First Nation police service pursuant to a policing services agreement between Canada, the Ministry, and the First Nation signatory; 3 (b) the Ministry's payment of Funds is conditional on the Board submitting the Financial Reports in accordance with the requirements of Schedule "C" and Tlmelines set out in Schedule "A"; {c) the Minisby is not obligated to provide Funds until it is satisfied with the Reports; {d) the Minist:Iy may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Ministry's assessment of the information provided by the Recipient pursuant to section 7.1; and (i) if the Recipient identifies that the Funds for the Funding Year are not expected to be used for the Funding purposes, the Minist:Iy may reallocate the Funds to other municipalities; or (ii) if, pursuant to the provisions of the Financial Administration Act (Ontario), the Ministiy does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Minist:Iy is not obligated to make any such payment, and, as a consequence, the Ministry may: (a) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (b) 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, as approved by the Ministry. 4·4 No Changes. The Recipient shall not make any changes to the Project, the Trmelines and/or the Budget without the prior written consent of the Ministry. 4·5 Interest Bearing Account. If the Ministty 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: 5 (a) submit to the Ministry at the address provided in section 18.1, Reports, as set out in Schedule "C", in accordance with the requirements and ilmelines set out in Schedule "A"; (b) submit to the Ministry at the address provided in section 18.1, any other reports as may be requested by the Ministry in accordance with the Timelines and content requirements specified by the Ministry; (c) ensure that all Reports and other reports are completed to the satisfaction of the Ministry; and (d) ensure that all Reports and other reports are signed on behalf of the Board by an authorized signing officer. 7.2 Record Maintenance. The Recipient and the Board shall keep and maintain: (a) all financial records (including invoices) 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 Ministry, its authorized representatives, or an independent auditor identified by the Ministry may, at its own expense, upon twenty-four (24) hours' Notice to the Recipient or the Board and during normal business hours, enter upon the Recipient's or the Board's premises to review the progress of the Project and the Board's expenditure of the Funds and, for these purposes, the Ministry, its authorized representatives, or an independent auditor identified by the Ministry may: (a) inspect and copy the records and documents referred to in section 7.2; and (b) conduct an audit or investigation of the Board 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 Ministry, its authorized representatives, or an independent auditor identified by the Ministry, and shall do so in a form requested by the Ministry, its authorized representatives or an independent auditor identified by the Ministry, as the case may be. 7·5 No Control of Records. No provision of the Agreement shall be construed so as to give the Ministry any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Ministry'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). 7 (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a thirty (3o) day written notice of cancellation, termination or material change. 11.2 Proof of Insurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in section 11.1. Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. ARTICLE u --TERMINATION ON NOTICE 12.1 Termination on Notice. The Ministry may terminate the Agreement at any time upon giving at least sixty (6o) days Notice to the Recipient and the Board. 12.2 Consequences of Termination on Notice by the Ministry. If the Ministry terminates the Agreement pursuant to section u..1, the Ministry 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 u..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 Ministry does not receive the necessary appropriation from the Ontario Legislature for any payment the Ministry is to make pursuant to the Agreement, the Ministry may terminate the Agreement immediately by giving Notice to the Recipient 13.2 Consequences of Termination Where No Appropriation. If the Ministry terminates the Agreement pursuant to section 13.1, the Ministry may: (a) cancel all further instalments of Funds; 9 the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Ministry determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further installments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Ministry provided to the Recipient; and/or (i) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. 14-3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Ministry provides the Recipient with an opportunity to remedy the Event of Default, the Ministry shall provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. 14--4 Recipient not Remedying. If the Ministry has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 142(b ), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Ministry 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 Ministry, the Ministry may extend the Notice Period, or initiate any one or more of the actions provided for in sections 142(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 Notic;:e. 11 To the Ministry: Ministry of Community Safety and Correctional Services 2.5 Grosvenor Street, uth Floor Toronto, ON M7A2H3 Attention: Oscar Mosquera, Manager Program Development Section External Relations Branch Public Safety Division Tel : 416-326-5624 Fax: 416-314-3092 E-mail: Oscar.Mosquera@ontario.ca To the Recipient: Mayor Je8.& Lessi..f 1f}'IW"" Town ofTillsonburg 10 Lisgar Ave Tillsonburg, ON, N4G sAs Tel: 519""688-3009 E-mail: jlessif@tillsonburg.ca To the Board: Mayor Jel'lft Lessif~/ Tillsonburg Service Board to Lisgar Ave Tillsonburg, ON, N4G 5-A-5 Tel: 519-688-3009 E-mail: jlessif@tillsonburg.ca 18.2. Notice Given. Notice shall be deemed to have been received: (a) in the case of postage-prepaid mail, seven (7) days after a Party mails the Notice; or (b) in the case of email, personal delivery or fax, at the time the other Party receives the Notice. 18.3 Postal Disruption. Despite section 18.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail shall not be deemed to be received; and (b) the Party giving Notice shall provide Notice by email, personal delivery or by fax. ARTICLE 19 --CONSENT BY MINISTRY 19.1 Consent. The Ministry may impose any terms and/or conditions on any consent the Ministry may grant pursuant to the Agreement. ARTICLE :to-SEVERABILI1Y OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 21 --WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, 13 (a) infectious diseases, war, riots and civil disorder; (b) storm, flood, earthquake and other severely adverse weather conditions; (c) lawful act by a public authority; and (d) strikes, lockouts and other labour actions, if such events meet the test set out in section 26.1. 26.3 Force Majeure Shall Not Include. Force Majeure shall not include: (a) any event that is caused by the negligence or intentional action of a Party or such Party's agents or employees; or (b) any event that a diligent Party could reasonably have been expected to: (i) take into account at the time of the execution of the Agreement; and (ii) avoid or overcome in the carrying out of its obligations under the Agreement. 26.4 Failure to Fulfil Obligations. Subject to section 14.1(e), the failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or Event of Default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement. ARTICLE 27-SURVIVAL 27-1 Survival. The provisions in Article 1, any other applicable definitions, sections 46(b), 7.1 (to the extent that the Recipient/Board has not provided the Reports or other reports as may be requested by the Ministry to the satisfaction of the Ministry}, 7.2, 7·3• 7.4, 7·5· 7.6, Articles 8 and 10, sections 12.2, 13.2, 13.3, 14.1, 14.2(d), (e), (f), (g) and (h), Articles 16, 17, 18, 20, 24 27, 28, 29, 30, 31, J2, 33 and 34, and all applicable cross-referenced provisions and schedules shall continue in full force and effect for a period of seven ( 7) years from the date of expiry or termination of the Agreement. 15 ARTICLE 35-FAILURE TO COMPLY WITH OTHER AGREEMENTS 35.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency (a "Failure"); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Ministry may suspend the payment of Funds for such period as the Ministry determines appropriate. 17 SCHEDULE" A" FUNDING AND PROJECT TIMELINE Attached to and forming part of the Agreement between the Ministry of Community Safety and Correctional Services and City of Town of Tillsonburg, and Tillson burg Service Board dated the 1st day of April, 2014. Allocation 1. The Ministry agrees to cost share 2 police officer(s) of which 0 have been allocated to community policing and 2 to the targeted areas/court efficiencies as follows: 2. The Ministry will provide the Funds in accordance with the Project, under the terms of which the Board will maintain visible front-line and/or targeted areas/court efficiencies policing activities ("1,000 Officers Activities") as outlined in the original grant application, submitted as Schedule ''B". 3. The Funds shall be used by the Board and the Recipient solely for the purposes of maintaining the increased complement of front-line, uniformed police officers and for no other purposes. The Funds shall not be used for purposes related to maintaining the existing complement of front-line police officers, as defined by the October 23, 2003 Benchmark, due to the assignment of front-line police officers to non-1,000 Officers Activities. October 23, 2003 Benchmark 4. The Project will continue to share the cost of increases to the actual total number of sworn officers above the October 23, 2003 figures submitted to Statistics Canada. The purpose of this benchmark is to ensure that the Ministry is not paying the salaries of new officers hired to replace officers who have resigned, retired or been terminated. In addition, the Project will not cover civilianization or the hiring of existing officers who increase the complement due to amalgamations. Officers funded through the Program must increase the complement above the combined complement of the amalgamated police service. 19 I'..:.· ... ___ , •I A • ·- \ I THE AGREEMENT effective as of the ISt day of April, 2014. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services (the "Ministry") -and- Town of'rillsonburg (the "Recipient") and- TilhonburgSennceBoard (the "Board") WHEREAS in 1998, the Ministry established the Community Policing Partnerships (CPP) Program (the "Program") as part of the government's commitment to make Ontario communities safer by enhancing police visibility; AND WHEREAS the Ministry wishes to continue to fund the activities of the Board by providing funds to the Recipient for the purposes of supporting its contribution to the Board's budget to maintain the increased number of sworn officers ofthe OPP Oxford Detachment (Tillson burg) for enhanced police visibility through policing activities such as increased community patrols, enhanced traffic enforcement, school outreach programs, and drug and street crime enforcement; NOW THEREFORE 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 ofinterpretation: (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; 1 • one of them. "Project" means the undertaking described in Schedule "B". "Project Completion Date" means March 31, 2015, for Funding Year 1 and March 31, 2016, for Funding Year 2. "Reports" means the reports provided in Schedule "C". "Timelines" means the dates and times set out in Schedule "A!'. ARTICLE 2--REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient and the Board each 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 Ministry 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 and the Board each 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 and the Board each represents, warrants and covenants that upon execution and for the period during which the Agreement is in effect, it: (a) (i) is a municipal police service board or a municipality in a municipality that has established a municipal police service or whose council has entered into an agreement under s. 10 of the Police Services Act for the provision of police services by the Ontario Provincial Police (OPP); or (ii) it is a First Nation police services board/commission or a First Nation band council in a First Nation community that has established a First Nation police service pursuant to a policing services agreement between Canada, the Ministry, and the First Nation signatory; 3 .. .. (b) the Ministry's payment of Funds is conditional on the Board submitting the Financial Reports in accordance with the requirements of Schedule "C" and Tunelines set out in Schedule "A"; (c) the Ministry is not obligated to provide Funds until it is satisfied with the Reports; (d) the Ministry may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Ministry's assessment of the information provided by the Recipient pursuant to section 7.1; and (i) if the Recipient identifies that the Funds for the Funding Year are not expected to be used for the Funding purposes, the Ministry may reallocate the Funds to other municipalities; or (ii) if, pursuant to the provisions of the Financial Administration Act (Ontario), the Ministry does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Ministry is not obligated to make any such payment, and, as a consequence, the Ministry may: (a) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (b) 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, as approved by the Ministry. 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 Ministry. 4·5 Interest Bearing Account. If the Ministry 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. 5 .. (a) submit to the Ministry at the address provided in section 18.1, Reports, as set out in Schedule "C", in accordance with the requirements and Timelines set out in Schedule "A"; (b) submit to the Ministry at the address provided in section 18.1, any other reports as may be requested by the Ministry in accordance with the Timelines and content requirements specified by the Ministry; (c) ensure that all Reports and other reports are completed to the satisfaction of the Ministry; and (d) ensure that all Reports and other reports are signed on behalf of the Board by an authorized signing officer. 7.2 Record Maintenance. The Recipient and the Board shall keep and maintain: (a) all financial records (including invoices) 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 Ministry, its authorized representatives, or an independent auditor identified by the Ministry may, at its own expense, upon twenty-four (24) hours' Notice to the Recipient or the Board and during normal business hours, enter upon the Recipient's or the Board's premises to review the progress of the Project and the Board's expenditure of the Funds and, for these purposes, the Ministry, its authorized representatives, or an independent auditor identified by the Ministry may: (a) inspect and copy the records and documents referred to in section 7.2; and (b) conduct an audit or investigation of the Board 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 Ministry, its authorized representatives, or an independent auditor identified by the Ministry, and shall do so in a form requested by the Ministry, its authorized representatives, or an independent auditor identified by the Ministry, as the case may be. 7·5 No Control of Records. No provision of the Agreement shall be construed so as to give the Ministry any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Ministry'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). 7 . ' (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a thirty (3o) day written notice of cancellation, termination or material change. 11.2 Proofoflnsurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in section 11.1. Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. ARTICLE 12-TERMINATION ON NOTICE 12.1 Termination on Notice. The Ministry may terminate the Agreement at any time upon giving at least sixty ( 6o) days Notice to the Recipient and the Board. 12.2 Consequences of Termination on Notice by the Ministry. If the Ministry terminates the Agreement pursuant to section 12.1, the Ministry 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 Ministry does not receive the necessary appropriation from the Ontario Legislature for any payment the Ministry is to make pursuant to the Agreement, the Ministry may terminate the Agreement immediately by giving Notice to the Recipient. 13.2 Consequences of Termination Where No Appropriation. If the Ministry terminates the Agreement pursuant to section 13.1, the Ministry may: (a) cancel all further instalments of Funds; 9 (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Ministry determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further installments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Ministry provided to the Recipient; and/or (i) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. 14.3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Ministry provides the Recipient with an opportunity to remedy the Event of Default, the Ministry shall provide Notice to the Recipient of: (a) the particulars of the Event ofDefault; and (b) the Notice Period. 14.4 Recipient not Remedying. If the Ministry has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 142(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Ministry 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 Ministry, the Ministry may extend the Notice Period, or initiate any one or more of the actions provided for in sections 142(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 Ministry under Article 14. if the Recipient has not spent all of the Funds allocated for the 11 ARTICLE 18 --NOTICE 18.1 Notice in Writing. Notices and communications shall be in writing and shall be delivered by email, postage-prepaid mail, personal delivery or fax, and shall be addressed to the Ministry, the Recipient or the Board, respectively, as set out below, or as any Party later designates to the other by Notice: To the Ministry: Ministry of Community Safety and Correctional Services 25 Grosvenor Street, 12th Floor Toronto, ON M7Aili3 Attention: Oscar Mosquera, Manager Program Development Section External Relations Branch Public Safety Division Tel : 416-J26-5624 Fax: 416-J14-3092 E-mail: Oscar.Mosquera@ontario.ca To the Recipient: Mayor }ehB J..essiff'/ Town ofTillsonburg 10 Lisgar Ave. Tillsonburg, N4G sAs 519-688-3009 jlessif@tillsonburg.ca To the Board: . Mayor }elm l.essif ,/ Tillsonburg Service Board 10 Lisgar Ave. Tillsonburg, N4G sAs 519-688-3009 jlessif@tillsonburg.ca 18.2 Notice Given. Notice shall be deemed to have been received: (a) in the case of postage-prepaid mail, seven (7) days after a Party mails the Notice; or (b) in the case of email, personal delivery or fax, at the time the other Party receives the Notice. 18.3 Postal Disruption. Despite section 18.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail shall not be deemed to be received; and (b) the Party giving Notice shall provide Notice by email, personal delivery or by fax. ARTICLE 19-CONSENT BY MINISTRY 19.1 Consent. The Ministry may impose any terms and/or conditions on any consent the Ministry may grant pursuant to the Agreement. ARTICLE 20-SEVERABILITY OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or 13 .. in the circumstances. 26.2 Force Majeure Includes. Force Majeure includes: (a) · infectious diseases, war, riots and civil disorder; (b) storm, flood, earthquake and other severely adverse weather conditions; (c) lawful act by a public authority; and (d) strikes, lockouts and other labour actions, if such events meet the test set out in section 26.L 26.3 Force Majeure Shall Not Include. Force Majeure shall not include: (a) any event that is caused by the negligence or intentional action of a Party or such Party's agents or employees; or (b) any event that a diligent Party could reasonably have been expected to: (i) take into account at the time of the execution of the Agreement; and (ii) avoid or overcome in the carrying out of its obligations under the Agreement. 26.4 Failure to Fulfil Obligations. Subject to section 14.1(e), the failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or Event of Default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement. ARTICLE 27 --SURVIVAL 27.1 Survival. The provisions in Article 1, any other applicable definitions, sections 4.6(b), 7.1 (to the extent that the Recipient/Board has not provided the Reports or other reports as may be requested by the Ministry to the satisfaction of the Ministry), 7.2, 7·3• 7·4• 7·5· 7.6, Articles 8 and to, sections 12.2, 13.2, 13-3> 14-1, 14.2(d), (e), (f), (g) and (h), Articles 16, 17, 18, 20, 24 27, 28, 29, 30, 31, 32, 33 and 34 and all applicable cross-referenced provisions and schedules shall continue in full force and effect for a period of seven (7) years from the date of expiry or termination of the Agreement. 15 ., ARTICLE 35--FAILURE TO COMPLY WITH OTHER AGREEMENTS 35.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency (a "Failure"); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Ministry may suspend the payment of Funds for such period as the Ministry determines appropriate. 17 Schedule "A" FUNDING AND PKOWCT TIMELINE Attached to and fanning part of the Agreement between Her Majesty the Queen as represented by the Minister of Community Safety and Correctional Services and Town ofTillsonburg and Tillsonburg Service Board, dated the 1st day of April, 2014. Allocation 1. The Ministry agrees to cost share 2 police officer(s) and provide the Funds in accordance with the Project, under the tenns of which the Board will maintain visible front-line policing activities ("CPP Activities") as outlined in the original grant application, submitted as Schedule "B". 2. The Funds shall be used by the Board and the Recipient solely for the purposes of maintaining the increased complement offrontMline, uniformed police officers and for no other purposes. The Funds shall not be used for purposes related to maintaining the existing complement offrontMline police officers, as defined by the June 15, 1998 Benchmark, due to the assignment of front-line police officers to non-CPP Activities. June 15,1998 Benchmark 3. The Program will continue to share the cost of increases to the actual total number of sworn officers above the June 15, 1998 figures submitted to Statistics Canada. The purpose of this benchmark is to ensure that the Ministry is not paying the salaries of new officers hired to replace officers who have resigned, retired or been tenninated. Jn addition, the Program will not cover civilianization or the hiring of existing officers who increase the complement due to amalgamations. Officers funded through the Program must increase the complement above the combined complement of the amalgamated police service. Use of the Funds 4. The Funds shall be used only to pay half the costs of salaries, overtime and payroll benefits to a maximum of $30,000.00 per officer for officers hired under the CPP Program and engaged in full time CPP Activities. The Ministry's share of overtime will not exceed $5,000.00 per officer. Reporting Requirements 5. The Board shall, by September 30th of each Funding Year that the Agreement is in effect, submit the CPP Program Interim Report, in the form provided in Schedule "C". The Interim Report shall include the following information: (a) update/confmn if all the information in the contact page is up-to-date; and (b) update/confirm the number of sworn officer(s) to date. (c) name of existing front-line police o:fficer(s), overtime rate, total overtime hours (actual), overtime requested. 6. The Board shall, by March lOth of each Funding Year that the Agreement is in effect, submit the CPP Program Final Report, in the fonn provided in Schedule "C". The Final Report shall include the following information: 19 THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NO 3820 A BY-LAW TO PROVIDE FOR THE ADOPTION OF BUDGETARY ESTIMATES, TAX RATES AND TO FURTHER PROVIDE FOR PENALTY AND INTEREST IN DEFAULT OF PAYMENT THEREOF FOR 2014. WHEREAS Section 290 ofthe Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 ofthe said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as follows: 1) That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2014, and endorsed by resolution, January 27th, 2014, raising the following amounts from realty taxation be adopted: A) A general municipal levy of$12,761,037 B) A special levy for core area parking of$139,460. C) A special levy for the Business Improvement Area of $107,000. 2) That the tax rates hereby adopted for each class for the year 2014, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule "A" attached hereto and forming part of this by-law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3) That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT SECOND INSTALMENT Thursday, August 21, 2014 Thursday, October 23, 2014 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4) That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2014 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2014, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes TOWN OF TILLSONBURG Schedule "A" to By-Law 3820 2014 TAX RATES TOTAL BASE RTC/RTQ GENERAL COUNTY SEWERS EDUCATION RATES PARKING B. I.A. TOTAL RT RESIDENTIAL 0.00722218 0.00431078 0.00024336 0.00203000 0.01380632 0.00120478 0.01S01110 MT MULTI-RESIDENTIAL 0.01978877 0.01181154 0.00066681 0.00203000 0.03429712 0.00330108 0.03759820 CT COMMERCIAL 0.01373514 0.00819825 0.00046282 0.01460000 0.03699621 0.00229124 0.00175246 0.04103991 XT COMMERCIAL NEW CONSTRUCTION 0.01373514 0.00819825 0.00046282 0.01220000 0.03459621 0.00229124 0.00175246 0.03863991 cu VACANT UNITS/EXCESS LAND 0.00961460 0.00573877 0.00032398 0.01022000 0.02589735 0.00160387 0.00122672 0.02872794 ex VACANT LAND 0.00961460 0.00573877 0.00032398 0.01022000 0.02589735 0.00160387 0.00122672 0.02872794 xu COM'L NEW CONST.-EXCESS LAND 0.00961460 0.00573877 0.00032398 0.00854000 0.02421735 0.02421735 IT INDUSTRIAL 0.01899433 0.01133735 0.00064004 0.01560000 0.04657172 0.04657172 JT INDUSTRIAL NEW CONSTRUCTION 0.01899433 0.01133735 0.00064004 0.01220000 0.04317172 0.04317172 IU VACANT UNITS/EXCESS LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 IX VACANT LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 LT LARGE INDUSTRIAL 0.01899433 0.01133735 0.00064004 0.01560000 0.04657172 0.04657172 LU VACANT UNITS/EXCESS LAND 0.01234632 0.00736927 0.00041602 0.01014000 0.03027161 0.03027161 PT PIPELINES 0.00909489 0.00542856 0.00030646 0.01066920 0.02549911 0.02549911 FT FARMLAND 0.00180555 0.00107770 0.00006084 0.00050750 0.00345159 0.00345159 R1 FARMLAND DEV PH 1 0.00324998 0.00193985 0.00010951 0.00091350 0.00621284 0.00621284 THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3821 A BY-LAW to Authorize a Professional Services Contract Agreement Between the Corporation of the Town of Tillsonburg and Mary-Anne Murphy. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with Mary-Anne Murphy, for the purposes of developing governance and operational capacity within the cultural sector in Tillsonburg through a common support network called the Tillsonburg Cultural Improvement Alliance; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Professional Services Contract Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY, 2014. MAYOR-Dave Beres CLERK-Donna Wilson the other Party no later than 30 days prior to the End Date or by such date as may be mutually agreed upon between the Parties (the "Extension Notice"). Upon delivery of the Extension Notice the Parties shall negotiate for the length of the extension and such additional or other amendments. If the Parties cannot agree on the terms of the Extension then this Agreement shall terminate on the End Date in accordance with Article 1 of this Agreement. B. Compensation 3. As full compensation for the Services the Town shall pay to the Contractor as follows: a) $27.81 per hour until Dec 31, 2014 and $28.64 after January 1, 2015 plus applicable taxes which include, but not limited to, H.S.T. up to a maximum of 65 hours per month. b) reasonable expenses, as approved by the Town, incurred in the performance of the Services including mileage at the rate pursuant to set Town policy to be invoiced by the Contractor and paid in regular installments. Mileage shall only be paid to the Contractor for travel outside of the Town of Tillson burg in performance of the Services. Mileage shall not be paid for travel from Contractor's place of business or residence to the Town of Tillsonburg and vice versa; c) The Contractor covenants that it will provide invoices to the Town for payment for the Services and original receipts for approved out of pocket expenses (the "Invoices"). The Invoices will be submitted monthly. The Invoices shall include the amount of hours per month performing the Services, details of the Services performed and H.S.T. Invoices will be paid by the Town in arrears. Out of pocket expenses shall not be paid by the Town if prior approval of the Town was not obtained. C. The Services 4. The Contractor will be responsible for performing the tasks in the Project Workplan along with such tasks and goals all as attached to this Agreement as Schedule A, assisting the Town in completing all the requirements of the Funding, corresponding with the Government of Ontario pursuant to the Funding, assisting in the achieving the goals of the Project and any other duties that may be assigned, based on mutual CIA Project -Professional Services Contract-Final. do ex 2/10 02-May-2014 c) It shall and without delay report any and all issues with the Province of Ontario or any Stakeholders; d) It will follow all reasonable directives of the Director; e) It has the requisite skill and expertise to perform the Services; and, f) It will immediately become familiar with the Project, Stakeholders, Funding, CIA and Services. D. Termination 12. This Agreement shall terminate effective on the End Date except if the Parties have agreed to an Extension then, unless the Parties have agreed otherwise in writing, during the Extension period the Extension shall terminate upon two weeks written notice by either Party without the necessity for any further notice, pay in lieu of notice or severance pay under common law or statute. 13. The Parties agree that notwithstanding the Term either Party may terminate this Agreement upon 30 days written notice to the other Party for any reason (the "Termination Notice"). The Parties agree that the non- terminating Party shall not be entitled to damages of any kind whatsoever and howsoever arising due to the termination and the Parties shall be relieved of any further obligations pursuant to this Agreement upon expiry of the Termination Notice. Prior to expiry of the Termination Notice the Contractor shall continue to provide the Services and the Town shall continue to pay the Invoices. 14. The Contractor acknowledges that this Agreement may be terminated without notice and shall waive, release and hold harmless the Town from any obligations of the Town with respect to any provision of this Agreement including, but not limited to, completing the Term if the Contractor, in the sole opinion of the Town, causes damage or loss to the Town, any employee of the Town, property of the Town or reputation of the Town, unauthorized use or disclosure of the Confidential Information and/or any breach of any warranty, representation or covenant of the Contractor as contained in this Agreement. E. INSURANCE AND INDEMNITY 15. The Contractor covenants and agrees that it will carry public liability insurance while operating a motor vehicle in the performance of the CIA Project -ProfessionaJ Services Contract-Final. do ex 4/10 02-May-2014 c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services. 19. The Contractor releases the Town, Stakeholders and CIA (including but not limited all of the managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of any property, any injury suffered in performance of the Services and/or caused by any other contractor or persons on any property for any reason. The Contractor acknowledges that the Town has no responsibility for any actions of the users of the properties where the Services are performed and that the Contractor has accepted the risk that a user of a property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor or employee of the Contractor and the Contractor irrevocably and without reservation releases the Town, Stakeholders and CIA (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any and all liability. 20. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Town, Stakeholders and/or CIA (and their officers, servants or agents) and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. At no time shall the Contractor be construed to be an employee of the Town, CIA and/or Stakeholders or hold itself out as an employee, agent or partner of the Town, CIA and/or Stakeholders. Nothing herein shall authorize the Town to contract for or to enter into binding arrangements on behalf of the Town, CIA and/or Stakeholders except with the express permission of the Director. The Contractor agrees that it will not hold itself out as a partner or agent of the Town or behave in a manner which suggests that it has apparent or actual authority to legally bind the Town. The Parties agree that the Contractor is free to enter into any other contract for services with any other person or corporation unless such other contract contravenes this Agreement. As the Contractor is not an employee the Contractor acknowledges that the Town does not obtain WSIB coverage for it and its employees and there are no medical benefits of any kind. CIA Project -Professional Services Contract-Final.docx 6/10 02-May-2014 The Contractor acknowledges that all material it produces pursuant to this Agreement and the Services is the property of the Town and form part of the Confidential Information. 24. The Contractor agrees, covenants and warrants that it shall not, at any time, either during or subsequent to the Term: a. use, copy, reveal, report, publish, transfer or otherwise disclose to any person, corporation or other entity, any of the Confidential Information except in the course of this Agreement; and, b. communicate to any third party the Confidential Information except in accordance with this Agreement; 25. As the Town does not have an adequate remedy at law to protect the Confidential Information from the Contractor's unauthorized use of, knowledge of or receipt of the Confidential Information or to protect its interest in its Confidential Information, the Town shall be entitled to injunctive relief, in addition to such other remedies and relief that would, in the event of a breach of the provisions of this Agreement, be available to the Town. In the event of such a breach, in addition to any other remedies, the Town shall be entitled to receive from the Contractor payment of, or reimbursement for, its reasonable legal fees and disbursements incurred in enforcing any such provision. 26. Notwithstanding any other provision of this Agreement, the Contractor also agrees that the unauthorized disclosure of any Confidential Information will permit the Town to terminate this Agreement without notice or pay in lieu of notice. G. MISCELLANEOUS 27. Time shall be deemed to be the essence of this Agreement. 28. All communications in writing between the Parties shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by telegram addressed as follows: The Town at: The Town of Tillson burg Parks and Recreation Services 45 Hardy Avenue Tillsonburg, ON, N4G 3W9 CIA Project -Professional Services Contract-Final.docx 8/10 02-May-2014 permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 33. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. Mary-Anne Murphy Per: Mary-Anne Murphy Title: THE CORPORATION OF THE TOWN OF TILLSON BURG Per: and Per: David Beres Mayor Donna Wilson Clerk We have authority to bind the Corporation. CIA Project -Professiona1 Services Contract-Final. do ex 10/10 02-May-2014 Objective: "My Community Calendar" rolled out Objective: Identification of cultural community; membership and collaboration Arrangements made with installation contractor. Arrange installation date with property owner. Shared tools developed for database Ticket sales system, Online catalogue of equipment, Volunteer management system developed to supplement online calendar system. groups Use existing databases and list to identify all cultural groups (Information Oxford, SAC, Economic Development, OCCl etc.) Assess Volunteer requirements Events and dates Promotional needs Marketing needs CIA ProJect Workpl~n ·As pt:r funding Agrcement.docx ongoing revenue stream of approximately $7,500. A list of locations, written agreements in place, and installation schedule developed. 35 locations secured. 2/3 01-Apr-2014 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3822 A BY-LAW to Authorize a Funding Agreement Between the Corporation of the Town of Tillsonburg, Her Majesty The Queen In Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the Tillson burg Police Services Board. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board, for the purposes of receiving funding from the Province of Ontario to the OPP Oxford Detachment (Tillsonburg) for Community Policing Partnerships; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Funding Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY, 2014. MAYOR-Dave Beres CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3823 A BY-LAW to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board, for the purposes of receiving funding from the Province of Ontario to the OPP Oxford Detachment (Tillsonburg) for Safer Communities; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Funding Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY, 2014. MAYOR-Dave Beres CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3824 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12th day of May, 2014 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 TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on May 12, 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 seal 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 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY 12014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3822 A BY-LAW to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Minister of Community Safety and Correctional Services, and the Tillson burg Police Services Board, for the purposes of receiving funding from the Province of Ontario to the OPP Oxford Detachment (Tillsonburg) for Community Policing Partnerships; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Funding Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY, 2014. MAYOR-Dave Beres CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3823 A BY-LAW to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Minister of Community Safety and Correctional Services, and the Tillsonburg Police Services Board, for the purposes of receiving funding from the Province of Ontario to the OPP Oxford Detachment (Tillsonburg) for Safer Communities; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Funding Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY, 2014. MAYOR-Dave Beres CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3824 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12th day of May, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on May 12, 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 Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 121h DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF MAY '2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: Date: May 12, 2014 MOVED BY: THAT the Agenda as prepared or the Council Meeting of May 14, 2014, be adopted. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: __ Date: May 12, 2014 RESOLUTION NO.: MOVED BY: THAT the Minutes of the Council Meeting of April 28, 2014 and the May 2, 2014 be approved. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: ----'3=----Date: May 12, 2014 RESOLUTION NO.: ~ MOVEDBY: ~~ SECONDEDBY: ---------------------- THAT Council endorse funding be awarded to the Festival of Music in the amount of $500.00 for their annual July 1, 2014 event. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: ---'5:::...___ RESOLUTION NO.: -...:::-.:....,_- MOVED BY: ~~~==~~~~ Date: May 12, 2014 THAT Council receives the Asset Management Plan for the Town of Tillsonburg. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: 16 Date: May 12, 2014 MOVED BY: THAT Council receive Report CAO 14-08, SHAREHOLDER APPOINTMENT TO THE BOARD OF DIRECTORS OF TILLSONBURG HYDRO INC; AND THAT 0:\\/~ fSERf:S be appointed as a member to the Board of Directors of Tillsonburg Hydro Inc. ~arried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 17 RESOLUTION NO.: ---=-6 __ MOVED BY: THAT Council receives Report Councillor. D D Carried Recorded Vote D Defeated Date: May 12, 2014 4-13, Filing the Vacancy for the Position of g-Deferred D Tabled ___ Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 19 Date: May 12, 2014 RESOLUTION NO.: MOVED BY: THAT Council receive Report DCS 14-27 Clean Yard By-Law for information; AND THAT Clean Yard By-Law 3810 to regulate and prescribe standards for the maintenance of lands in the Town of Tillsonburg be brought forward for Council consideration. ~rried D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 20 Date: May 12, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives report FIN 14-21 2014 Budgetary Estimates and Tax Rates; AND THAT By-Law 3820 to provide for the adoption of 2014 budgetary estimates, tax rates, installment due dates and further to provide for penalty and interest on default of payment be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ~Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=21=----Date: May 12, 2014 RESOLUTION NO.· MOVED BY: THAT Council receives report FIN14-20 Bank Signing Authorities; AND THAT Council hereby appoints the following as designated signing authorities for the Town's general banking needs: • Mayor Dave Beres or Deputy Mayor Mark Renaud; and one of the following: • Director of Finance/Treasurer, Darrell Eddington; or Deputy Treasurer, Ken Patterson. c:t;y&rried D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 22 RESOLUTION NO.: ~ _ (} MOVEDBY: ~ SECONDEDBY: --~------------~~---- THAT Council receive Report OPS 14-10 as information; Date: May 12, 2014 THAT Council accepts the Elgin Middlesex Oxford Purchasing (EMOP) co-op tender report and participates in the 3 year contract awarded to Dowler Karn/ESSO fuels. / czyL" D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 23 Date: May 12, 2014 RESOLUTION NO.: --=1=-1 __ MOVED BY: THAT Council receives report PRS 4-13 Awarding Services Contract for CIA Project Coordinator as information; AND THAT Council award the contract to Mary-Anne Murphy; AND THAT a by-law be brought forward for Council's consideration. D Recorded Vote D Defeated D Deferred D Tabled \ COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: May 12, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report CL 14-14, Community Policing Agreements; AND THAT By-Laws to authorize agreements with Her Majesty The Queen In Right Of Ontario and Tillsonburg Police Services Board be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ~ 8 ; I 1 Mayor's initials COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: May 12, 2014 RESOLUTION N0.:~1 MOVED BY: ("""'\• c:- SECONDED BY: ~...c:;_---- THAT 8y Law 3810, tg estaslish end maintsi11 clea11 a11d clea1 lands amtto-repeal-ey- law 28~~. By Law 3818, to Appoint a 6ouneillor for the Town of Tillson~, By-Law 3820, to Provide for Budgetary Estimates and Tax Rates for 2014, By-Law 3821, to Authorize a Professional Services Contract Agreement Between the Corporation of the Town of Tillson burg and Mary-Anne Murphy, By-Law 3822, to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario (Community Policing Partnerships), By-Law 3823, to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario (Safer Communities), and By-Law 3824, to confirm the proceedings of Council at its meetings held on the 12th day of May, 2014, be read for a first and second time and this constitutes the first and second reading thereof. wried D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: 25 RESOLUTION NO.: 14 () MOVED BY: ~~ ~ SECONDED BY: ~- Date: May 12, 2014 THAT By-Law 3820, to Provide for Budgetary Estimates and Tax Rates for 2014, e,.taii ae 11, ta'; ~eiiil£: ceaneills• Em tt,ric.a••4+1iill+kil-ittror By-Law 3821, to Authorize a Professional Services Contract Agreement Between the Corporation of the Town of Tillsonburg and Mary-Anne Murphy, By-Law 3822, to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario (Community Policing Partnerships), By-Law 3823, to Authorize a Funding Agreement Between the Corporation of the Town of Tillson burg, Her Majesty The Queen In Right of Ontario (Safer Communities), and By-Law 3824, to confirm the proceedings of Council at its meetings held on the 12th day of May 2014, be given third and final reading and the Mayor and Clerk be and are hereby authori~ed to sign the same, and place the Corporate Seal thereunto. ~ D Recorded Vote D Defeated D Deferred April17, 2014 Mayor John Lessif Town of Tillson burg 10 Lisgar Ave Tillsonburg, Ontario N4G 5A5 Dear Mayor Lessif: T 905.361.4204 F 905.361.4204 Corporate Office 5900 Explorer Drive Mississauga, ON L4W 5L2 www.thebeerstore.ca You, your fellow councilors and your citizens have all worked hard to build a strong, safe community. Over the last nine decades, the Beer Store and its 7,000 employees have been proud to be a part of your effort to make your community a great place to live, work and raise a family. We've made our contribution by ensuring alcohol is sold responsibly to adults, by giving back to your community, by contributing to the protection of our environment and by providing our employees with competitive wages and a safe working environment. It takes time, co-operation and hard work to build a stable community, but that stability and security can erode quickly if we're not careful. As responsible citizens we all know it's important to consider all the facts surrounding important decisions that may affect the stability of our communities. Tha t is why I am writing to you. As you may have heard, large multi-national convenience-store and gas-station chains are lobbying provincial politicians at Queen's Park for the ability to sell beer, wine and hard liquor through their stores. But experience and evidence shows that expanding liquor sales to more than 10,000 hard-to-police retail outlets would negatively affect the stability of your town and the safety of your citizens. The Beer Store and our 7,000 employees have worked very hard to build the most inclusive, efficient, environmentally responsible and safe beer retailing system in the world. Under our "We ID 25" responsible sales program, every employee is trained on responsible sales practices before they sell their first case of beer. Employees are also retrained every year, and all challenges and refusals are electronically recorded in our point-of- sale system. We also randomly test our employees throughout the year using mystery shoppers close to 25 of age to measure compliance with our "We ID 25" policy. It is a comprehensive program strongly enforced across our entire retail chain, and it works. Last year alone, the Beer Store challenged more than 3.6 million customers. Studies have demonstrated that convenience-store and gas-station chains -which are largely based outside Canada -are unable to match our commitment to social responsibility and public safety. They are also unable to match our policy of openness. Any brewer, regardless of size or country of origin, can sell their beer in whatever Beer Store location they choose and is free to set their own selling price. That openness has created a highly competitive market that has enabled the Beer Store to provide Ontario beer drinkers with access to over 400 brands from more than 100 brewers at competitive prices that are, on average, the second lowest in Canada. The bottom line is the Beer Store provides 450 safe, convenient outlets for adults to purchase beer. When those outlets are combined with LCBO outlets and government-authorized agency stores, Ontarians have access to more than 1,350 locations that sell beer. That means 86% of Ontarians are within a five-minute drive of a location that sells beer. Dismantling Ontario's current alcohol retail model and expanding liquor sales to more than 10,000 outlets may reduce that drive time a little, but at what cost? CENTRAL ALGOMA JOINT DISASTER RELIEF COMMITTEE Representing Township of Macdonald, Meredith & Aberdeen Additional, Township of Laird, Township of Plummer Additional & Municipality of Huron Shores c/o Township of Macdonald, Meredith & Aberdeen Additional 208 Church St, P.O. Box 10, Echo Bay, ON POS 1CO Inquiry Line: 705-248-2613 Fax Line: 705-248-3091 April 30, 2014 Potential Donor On September I 0, 2013 heavy rainfall caused extreme flooding in the Central Algoma area leaving behind hundreds of thousands of dollars worth of destruction and damage resulting in the area being declared a disaster area by the provincial government. A volunteer committee, the Central Algoma Joint Disaster Relief Committee (CAJDRC), has been set up to spearhead the local fundraising effort to assist the private sector of our area. A tentative fundraising target of $80,000.00 has been set to provide assistance to local homeowners, farmers and small businesses whose essential property has been damaged from the flooding in the four represented townships. A considerable community response is needed to help those less fortunate who have suffered such private and personal devastating losses. Financial support from the area will be instrumental in attracting provincial financial assistance. For every dollar raised, the province of Ontario will contribute up to a ratio of2:1 through the Ontario Disaster Relief Program, ODRAP. Your caring financial assistance will make a huge difference in the lives of victims of the flood by helping them regain their homes, businesses and lives. Please make a donation today to the Central Algoma Joint Disaster Relief Fund. Every amount, big or small will be a generous donation toward helping your neighbours in nearby communities recover from this disaster. Cement Association Association Canadienne of Canada du Ciment Ottawa, April 26, 2014 His Worship Mayor John Lessif cc: Donna Hemeryck, Clerk Town of Tillsonburg 200 Broadway 2nd Floor Tillsonburg, ON N4G 5A7 Dear Mayor Lessif, On behalf of the Cement Association of Canada (CAC), I would like to draw your attention to an urgent issue that could negatively impact the integrity of the Ontario Building Code and jeopardize the safety of the people in your municipality. On March 20, 2014, the Ontario government announced proposed changes to the Ontario Building Code to permit the construction of six-storey wood frame buildings. The province is holding a public consultation on the proposed changes until May 4, 2014. The provincial government's announcement reflects the interests of the wood products industry and its recent lobbying efforts. Those who promote taller wood frame construction believe that a four storey limit on residential and commercial wood buildings is no longer necessary, and have been actively pressing provincial governments to politically amend building codes to permit six-storey wood frame structures outside the tried and true longstanding building code review process. Federally, the wood products industry is also pushing for changes to allow for the construction of six- storey wood buildings in the 2015 edition of the National Building Code of Canada. As an elected representative of your municipality, I know that you want to protect and strengthen your municipality, as well as ensure that your housing market meets or exceeds the codes and standards that the residents of your community deserve. Unfortunately, the proposal put forth by the Ontario government, as currently drafted, could place Ontarians' lives at risk. Currently, there are no provisions in place to protect those who are engaged in the construction of these buildings or the fire fighters who respond to emergencies or potentially fatal fires in these buildings. It is considered outside the mandate of the building code to include safety clauses for people who work on the site and those who respond to emergencies at the site . We believe that the lives of fire fighters should be protected in the Ontario Building Code. An interesting point to note is that Ontario has 19,000 voluntary fire fighters and only 11 ,000 professional fire fighters. Further, if the regulation is approved , taller wood frame buildings may be constructed in areas of your municipality that may not have adequate firefighting coverage, including those currently being protected by voluntary firefighters. Many local fire departments across the province do not have the equipment to fight a massive blaze in a six storey building. To adequately fight such a fire, fire fighters need 100-foot ladder trucks that cost as much as one million dollars each and require specially trained crews. This is very costly, particularly at a time when municipal tax dollars are being stretched to the limit and when we see some Ontario municipalities, including the city of Toronto, cutting their budgets for fire services. ) Owners of residential and commercial buildings constructed with wood may also face higher insurance premiums . I know that your government wants to ensure that housing remains affordable in your municipality. The proposed changes to the Ontario Building Code will undoubtedly increase 350 Sparks, #502, Ottawa ON KlR 758 Telephone 613-236-9471 Fax 613-563-4498 ) Cement Association Association Canadienne of Canada du Ciment building and insurance costs-and, most importantly, compromise the safety of the people in your community. Those who are often the most vulnerable -the very young , seniors and physically disabled citizens - are those who would be at greatest risk in the unfortunate scenario where a fire breaks out. The massive fires that have recently destroyed multi-storey wood buildings in Kingston , Ontario, Richmond, British Columbia, Edmonton, Alberta, and Houston , Texas, demonstrate how dangerous these buildings can be, and how many lives will be put at risk as a result. We do appreciate that the Ontario government has included some fire safety provisions in the draft proposal, such as the inclusion of non-combustible stairwells . However, the omission of important fire safety features -such as non-combustible elevator shafts and firewalls -demonstrate that this proposal does not go far enough to protect the people and communities of Ontario. Recently we saw how a concrete masonry firewall prevented a raging fire in L'lsle-Verte, Quebec from destroying an entire retirement complex. This tragedy should serve as a reminder that we need more fire safety features implemented in our building codes to fully protect the safety of Ontario communities. The minimum standard of a building code is just not enough to protect the residents of your community. The proposal that has been put forward by the Ontario government, which boosts an industry at the expense of citizens' safety, is a cause of great concern. We are currently urging each and every politician in Ontario to call on the provincial government to defer any proposed mid-rise wood frame changes to the Ontario Building Code until after the 2015 National Building Code of Canada is debated and the fire safety issues are adequately addressed. This will allow time for proper assessment and coordination with the National Building Code of Canada, which is the standard code development process traditionally used in Ontario. It is crucial that any building code changes go through proper channels and ensure that all fire safety implications are addressed. We need a full public policy debate about what risks Ontarians are willing to take when it comes to the construction standards set for the buildings that we live and work in . Please write to your MPP and to the Honourable Bill Mauro, Minister of Municipal Affairs to raise your concern that the Province of Ontario shouldn't be moving so quickly and out of step with the National Building Code Process. Feel free to contact me directly if you have any questions about the GAG's position on mid-rise wood frame construction and fire safety. We know you understand that the health and safety of Ontario communities must come first. Finally, I hope you will share this letter with your city councillors so they can also take action . Yours sincerely, Michael B McSweeney President and CEO 350 Sparks, #502, Ottawa ON K1R 758 Telephone 613 -236-9471 Fax 613-563-4498 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April29, 2014 Province Releases Document "Moving Forward on Rural Matters" The Ministry of Rural Affairs has released a Rural Roadmap that summarizes the Government's priorities for rural Ontario in 2014-2015. The document highlights a number of the policy priorities that both AMO and the Rural Ontario Municipal Association (ROMA) have identified as ways to help strengthen Ontario's rural communities. Of note, AMO and ROMA welcome the Ministry's commitment to formalize a rural lens process that would allow the government to better understand potential implications of new policies and programs and how they may affect rural communities before they are implemented. A Voice for Rural and Northern Ontario was developed by ROMAin 2011. This document identified key issues and provided a "lens" process to shape policy and programs by highlighting northern and rural circumstances. The key issues identified include municipal fiscal health, infrastructure needs, access to broadband, fostering local food production and processing, supporting natural resource economies, and supporting people (aging, health care, education, immigration, and child care). It is gratifying to identify these same themes as the foundation for the Rural Roadmap. The Rural Roadmap is based on consultations that the Ministry undertook with many stakeholders in rural Ontario, including AMO and ROMA. Priorities identified by the Ministry include investing in roads, bridges, and other critical infrastructure; promoting growth, job creation, and regional economic development; attracting and integrating newcomers to rural communities; improving skills/trades training, youth retention, and employment; and improving access to rural health care. We will be attending the Budget lock up on Thursday, May 1 and will be using this list to determine how the budget supports the Rural Roadmap and what it means for our rural membership. Beyond the issues identified in A Voice for Rural and Northern Ontario, AMO and ROMA were instrumental in shaping the thinking around the Provincial Policy Statement (PPS) to include a new concept of rural. Further, the Ministry responded to the input by producing rural and northern primers to illustrate how the PPS is intended to be interpreted differently in these parts of the province. ROMA, as part of the AMO Rural Caucus, working alongside other AMO caucuses support policy areas that are of concern to all municipalities -such as increasing human resource costs, particularly in emergency services; the need for a better framework for interest arbitration; a new approach to joint and several liability, among other matters that all municipal governments hold mcommon. Watch for AMO's commentary on the 2014-15 Provincial Budget. Follow us on Twitter @AMOPolicy. Information will be on our website (amo.on.ca) and a communique will be sent to members Thursday evening. AMO Contact: Cathie Brown, Senior Advisor, E-mail cathiebrown@amo.on.ca, 416.971.9856 ext. 342. PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 30, 2014 New Presumptive Cancers for Firefighters Announced Today Premier Kathleen Wynne announced that the Ontario Government will be expanding the current regulation to include six additional cancers presumed to be work- related for firefighters under the Workplace Safety and Insurance Act (WSIA). Unlike the previous presumptive diseases, the new ones are to be phased-in as follows: • 2014: Multiple Myeloma, Testicular and Breast cancers • 2015: Prostate cancer • 2016: Lung cancer • 2017: Skin cancer. When AMO was recently notified of this government initiative, we asked that the cancers scheduled to come into effect in 2014 be deferred to 2015 so that there would be no new in-year municipal budget hit. This request was not reflected in today's announcement. The presumptions announced today, as with the previous ones, would apply to full-time, part-time and volunteer firefighters and fire investigators, and would be retroactive to January 1, 1960 (as currently set out in the WSIA). Under the legislation, certain prescribed cancers would be treated as work related unless the contrary can be shown. For Schedule 1 municipalities who pay premiums, there will be a small premium increase. For Schedule 2 municipalities, (who pay the dollar for dollar costs of claims plus an administrative fee to the WSIB), the WSIB estimates general retroactive costs of $113 to $179 million for these six new cancers. Ongoing annual costs are estimated by the Province to be approximately $24 to $38 million in new costs for Schedule 2 municipal governments. Most volunteer firefighters work for Schedule 1 municipalities; most full-time firefighters work for Schedule 2 municipalities. In May 2007, the WSIA was amended to establish presumptions for firefighters, and provided for regulation-making power to prescribe the diseases and conditions. In 2007 and 2009, the government established a list of eight cancers and associated service criteria, as well as the circumstances respecting heart injuries, as presumed to be work related for firefighters and fire investigators. It was estimated by WSIB that $300 million over 10 years would be required for these presumptive cancers. However, we are told that the estimate then may have been too high. There will be some financial impacts on municipal employers for the expansion of the presumptive list. At the same time, the health and safety of municipal employees is a top priority for municipal governments and they invest in the best equipment and training available to maximize employee safety. Ministry of Citizenship and Immigration Minister 61h Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 325-6200 Fax: (416) 325-6195 April, 2014 Ministere des Affaires civiques et de !'Immigration Ministre 69 etage _400, avenue University Toronto ON M?A 2R9 Tel.: (416) 325-6200 Telae.: (416) 325-6195 Re : Ontario Medal For Good Citizenship Dear Friends: ~M~ ~"--......,. Ontario I am pleased to invite you to participate in the Ontario Medal for Good Citizenship by nominating a deserving citizen. Established in 1973, the Ontario Medal for Good Citizenship honours Ontarians who, through exceptional, long-term efforts, have made outstanding contributions to community life. Recipients will be presented with their medal by the Lieutenant Governor of Ontario at a special ceremony at Queen's Park in the Fall of 2014. Nominations can be made by visiting the Ministry of Citizenship and Immigration's website at: www.ontario.ca/honoursandawards. You may submit your nomination on-line by choosing the "Nominate Online" option, or download the PDF format from the website to submit by mail. For any further information, please contact the Ontario Honours and Awards Secretariat pt 416 314-7526, 1877 832-8622 or (TTY) 416 327-2391: Nominations must be received by July 17, 2014. I encourage you to take the time to nominate a deserving citizen in your community for an Ontario Medal for Good Citizenship. The men and women we honour stand as shining examples to us all. Minister • . . COlllbGJE OF JPHf§[CliAN§ THE AND §lUJRGibON§ OF ON1AR[0 April 22, 2014 Dear Sir/Madam: The Council Award of the College of Physicians and Surgeons of Ontario is presented at each Council meeting to honour outstanding Ontario physicians who have demonstrated excellence and embody society's vision of an "ideal physician". The criteria for selecting a physician for the Council Award is based on the eight "physician roles" identified by Educating Future Physicians of Ontario. The eight point selection criteria are outlined in the attached Council Award brochure. The College is seeking to recognize physicians whose performance in each of these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. The four categories from which physicians are selected are: Academic Specialty, Community Specialty, Academic Family Practice and Community Family Practice. We receive a variety of nomination packages, some of which are focused around a comprehensive CV, while others consist of personal letters which demonstrate the physician's commitment to the practise of medicine. We understand that given the diverse array of selection criteria, the nominator may wish to use any number of creative ways to highlight the particular attributes of their nominee. If you know of a physician who meets the selection criteria, please nominate him/her for the Council Award. The deadline for receipt of nominations is August 22, 2014. If you need any further information, please do not hesitate to contact my Administrative Assistant Sharon Thompson at 416-967-2600 or 1-800-268- 7096 ext 256 or sthompson@cpso.on.ca Sincerely, Prithi S. Yelaja ) Communications Specialist QUALITY PROFESSIONALS I HEALTHY SYSTEM I PUBLIC TRUST 80 College Street, Toronto, Ontario MSG 2E2 Tel: (416) 967-2600 Toll Free: (800) 268-7096 Fax: (416) 961-3330 Responsibility As part of our commitment to the responsible sale of alcohol, we ... 10 25 Please be prepared to show your 10. Safe sales protect our communities and our young people. The Beer Store takes its responsibility to help protect your community very seriously. Our ID25 program ensures that younger is automat checked for ID. In 2013 alone, we challenged sales 3.6 million times. REFUSED SALES 59,000 42,750 16,270 REFUSED FOR REFUSED FOR LACK OF 10 INTOXICATION 7,000jobs We employ 7,000 Ontarians -including some of your neighbours-in good, well-paying jobs. Not just in our retail stores, but also in the trucks you see and in the back office supporting our retail system. They've been trained, and re-trained. They ta e responsibility. They are proud of what they do. Those are 7,000 highly trained people whose jobs would disappear. The experts agree Don't take our word for it. Experts who have advocated for the safety of your children, family members and community agree with us. OPHA Ontario Public Health Association I'Associatioo pour lcl sante pu~~~~.~;,~?~~~~~~ m a dd* camh Centre for Addiction and Mental Health CANADiAN CENTRE for POLICY ALTIRNATNES ClN1 RL CANAOilN lk POLITIQUH A1HRNATMS Recycling ~sMff. arrivealive.org The Beer Store recycles almost 500,000 tonnes of alcohol packaging annually - half as much as all of Ontario's blue boxes. Each year, the Beer Store's recycling program saves municipalities $40 million in recycling costs. This award-winning program is the gold standard; many say it's the best in the world. THE BEER STORE REUSES AND RECYCLES 4,000 CONTAINERS EVERY 60 SECONDS THAT'S MORE THAN 2 BILLION EACH YEAR Price Some think bE expanded salE even the conve their outlets wi Ontario has thE Canada thank~ B.C. andAlber1 liquor sales, p1 pay over $10 a Sample 24 Pacl Thecc There are alr Ontario to b\ 86% of us live five-minuted location that Do we really 1 in corner stm Besides high weknowfror jurisdictions station sales impaired dri more trouble Get the fact or follow@'