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180614 Council AGDTable of Contents Agenda 3 Minutes of the Meeting of May 28, 2018 180528 Council MIN 12 Application for Minor Variance A-07/18 - Marty & Erika Carrier, 38 Delevan Crescent A-07/18 Report 24 Report Attachments 29 Application A-07/18 34 2017 Municipal Financial Audit 2017 Town of Tillsonburg Independence Letter 38 2017 Town of Tillsonburg Sewer Draft Financial Statements 40 2017 Town of Tillsonburg Trust Funds Draft Financial Statements 49 2017 Town of Tillsonburg Waterworks Draft Financial Statement 57 Town of Tillsonburg Draft FS (2)66 CL 18-21, Council Compensation Review Recommendations CL 18-21 Council Remuneration Committee Recommendations 84 2-008 Council Expense Policy Draft (2)90 Police Services Board Request Regarding Visitor Parking Lot at OPP Office Visitor Parking Lot 96 CAO 18-08, Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc.97 CAO 18-08 Attachment 1 100 CAO 18-08 Attachment 2 104 MOUD 109 CAO 18-09, RFP 2018-01 Town Transit System - Evaluation Committee CAO 18-09 RFP 2018-01 Town Transit System - Evaluation Committee 112 DSC 18-24, Building By-Law Deposit DSC 18-24 Building By-Law Deposit 114 FIN18-16, 2017 Draft Financial Statements FIN18-16 2017 Draft Financial Statements 116 OPS 18-15, Quarter Town Line Traffic Safety Initiatives OPS 18-15 Quarter Town Line Traffic Safety Initiatives 117 OPS 18-15 Attachment 1 - Amending By-Law 4201 123 OPS 18-15 Attachment 2 - Letters of Support 126 1 OPS 18-15 Attachment 3 - Pedestrian Crossover Pamphlet 129 OPS 18-16, Draft Winter Maintenance Level of Service Policy OPS 18-16 Draft Winter Maintenance Level of Service Policy 131 OPS 18-16 Attachment 1 - DRAFT Winter Maintenance Level of Service Policy 133 OPS 18-16 Attachment 2 - Minimum Maintenance Standards 147 RCP 18-23, 2018 LLWP Operations & Communications RCP 18-23 - 2018 LLWP Operations & Communications 161 Committee Minutes 180501 Memorial Park Revitalization Committee MIN 164 180528 Special Awards MIN 166 180605 Special Awards MIN 168 180606 Cultural Advisory MIN 171 180418 Council Remuneration MIN 173 180503 Council Remuneration MIN 176 180517 Council Remuneration MIN 178 Tillsonburg Police Services Board Minutes 180418 Tillsonburg Police Services Board MIN 180 Long Point Region Conservation Authority Minutes LPRCA MIN 180502 184 Appointment of Directors for the Board of Tillsonburg Hydro Inc. 18-02 Appointment of Board of Directors 192 Board Recommend directors 2018 193 By-Law 4201, To Amend By-Law 3701, being a by-law to Regulate Traffic (pedestrian crossovers) OPS 18-15 Attachment 1 - Amending By-Law 4201 194 By-Law 4202, To Appoint a Joint Compliance Audit Committee By-Law 4202 Joint Compliance 197 By-Law 4202 Schedule A 198 By-Law 4203, To confirm the proceedings of Council at its meeting held on the 14th day of June, 2018 By-Law 4203 Confirm Proceedings- June 14-2018 200 2 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Thursday, June 14, 2018, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of May 28, 2018 180528 Council MIN Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of May 28, 2018 be approved. 6. Public Meetings 7. Planning Applications Proposed Resolution #3 Moved By: Seconded By: The Corporation of the Town of Tillsonburg COUNCIL MEETING Thursday, June 14, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. 7.1. Application for Minor Variance A-07/18 - Marty & Erika Carrier, 38 Delevan Crescent A-07/18 Report Report Attachments Application A-07/18 Proposed Resolution #4 Moved By: Seconded By: THAT Tillsonburg Committee of Adjustment approve Application A07-18, submitted by Marty and Erika Carrier, for lands described as Part Lot 538, Plan 500, in the Town of Tillsonburg, municipally known as 38 Delevan Crescent, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard from 3 m (9.8 ft) to 4.6 m (15.1 ft); 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required exterior side yard from 3 m (9.8 ft) to 5.2 m (17.1 ft); 3. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.9 m (9.5 ft); and 4. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.38 m (7.8 ft), subject to the following conditions: 1. That this relief shall only apply to an uncovered deck; and 2. That a building permit for the proposed deck shall be issued within a year of Committee’s decision. 4 Council Meeting – Agenda - 3 - Proposed Resolution #5 Moved By: Seconded By: THAT Council move out of the Committee of Adjustment and move back into regular Council session. 8. Delegations and Presentations 8.1. 2017 Municipal Financial Audit Presented by: Christene Scrimgeour 2017 Town of Tillsonburg Independence Letter 2017 Town of Tillsonburg Sewer Draft Financial Statements 2017 Town of Tillsonburg Trust Funds Draft Financial Statements 2017 Town of Tillsonburg Waterworks Draft Financial Statement Town of Tillsonburg Draft FS (2) Proposed Resolution #6 Moved By: Seconded By: THAT Council receives the 2017 Draft Financial Statements as presented; AND THAT the 2017 Independence Letter be received. 9. Committee Reports & Presentations 9.1. CL 18-21, Council Compensation Review Recommendations Presented By: Ann Loker, Chair, Council Compensation Review Advisory Committee 9.1.1. CL 18-21 Council Remuneration Committee Recommendations 9.1.2. 2-008 Council Expense Policy Draft (2) Proposed Resolution #7 Moved By: Seconded By: THAT Council receives Report CL 18-21, Council Compensation Review Advisory Committee Recommendations; AND THAT a By-Law to authorize the Council/Local Board Expense policy be brought forward for Council consideration; AND THAT a By-Law to establish the rate of remuneration for members of Council be brought forward for Council consideration. 5 Council Meeting – Agenda - 4 - 9.2. Police Services Board Request Regarding Visitor Parking Lot at OPP Office 9.2.1. Visitor Parking Lot Proposed Resolution #8 Moved By: Seconded By: THAT Council receive the request from the Police Services Board; AND THAT the matter be referred to staff for a report and recommendation. 10. Information Items 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-08, Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. CAO 18-08 Attachment 1 CAO 18-08 Attachment 2 MOUD Proposed Resolution #9 Moved By: Seconded By: THAT Council receives Report CAO 18-08, Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc., for information; AND THAT the Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg (Shareholder) and Tillsonburg Hydro Inc. be referred to the Annual General Meeting (June 26, 2018) for approval by the Shareholder. 6 Council Meeting – Agenda - 5 - 13.1.2. CAO 18-09, RFP 2018-01 Town Transit System - Evaluation Committee CAO 18-09 RFP 2018-01 Town Transit System - Evaluation Committee Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report CAO 18-09, RFP 2018-01Town Transit System – Evaluation Committee, for information; AND THAT the Community Transportation Pilot Program Committee be the Evaluation Committee for the purpose of reviewing the Town Transit System Request for Proposal (RFP) submissions and to provide a recommendation to Council as to the successful bidder. 13.2. Clerk’s Office 13.3. Development and Communication Services 13.3.1. DSC 18-24, Building By-Law Deposit DSC 18-24 Building By-Law Deposit Proposed Resolution #11 Moved By: Seconded By: THAT Council receives Report DSC 18-24, Building By-Law Deposit, as information; AND THAT the building deposit referenced in Section 9.14 of Building By-Law 4079 be amended from one year to two years be brought forward for Council consideration. 13.4. Finance 13.4.1. FIN18-16, 2017 Draft Financial Statements FIN18-16 2017 Draft Financial Statements Proposed Resolution #12 Moved By: Seconded By: THAT Council receives Report FIN18-16, 2017 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2017 be approved. 7 Council Meeting – Agenda - 6 - 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-15, Quarter Town Line Traffic Safety Initiatives OPS 18-15 Quarter Town Line Traffic Safety Initiatives OPS 18-15 Attachment 1 - Amending By-Law 4201 OPS 18-15 Attachment 2 - Letters of Support OPS 18-15 Attachment 3 - Pedestrian Crossover Pamphlet Proposed Resolution #13 Moved By: Seconded By: THAT Council receives Report OPS 18-15, Quarter Town Line Traffic Safety Initiatives; AND THAT Council adopts By-Law 4201 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. 13.6.2. OPS 18-16, Draft Winter Maintenance Level of Service Policy OPS 18-16 Draft Winter Maintenance Level of Service Policy OPS 18-16 Attachment 1 - DRAFT Winter Maintenance Level of Service Policy OPS 18-16 Attachment 2 - Minimum Maintenance Standards Proposed Resolution #14 Moved By: Seconded By: THAT Council receives Report OPS 18-16 Draft Winter Maintenance Level of Service Policy; AND THAT Council approves in principle the Draft Winter Maintenance Level of Service Policy subject to Public Consultation. 13.7. Recreation, Culture & Park Services 14. Unfinished Business 14.1. RCP 18-23, 2018 LLWP Operations & Communications RCP 18-23 - 2018 LLWP Operations & Communications Proposed Resolution #15 Moved By: Seconded By: 8 Council Meeting – Agenda - 7 - THAT Council receives Report RCP 18-23, 2018 LLWP Operations & Communications, for information. 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180501 Memorial Park Revitalization Committee MIN 180528 Special Awards MIN 180605 Special Awards MIN 180606 Cultural Advisory MIN 180418 Council Remuneration MIN 180503 Council Remuneration MIN 180517 Council Remuneration MIN Proposed Resolution #16 Moved By: Seconded By: THAT Council receives the Memorial Park Revitalization Committee minutes dated May 1, 2018, the Special Awards Committee minutes dated May 28, 2018 and June 5, 2018, the Cultural Advisory Committee minutes dated June 6, 2018, and the Council Remuneration Advisory Committee minutes dated April 18, 2018, May 3, 2018 and May 17, 2018, as information. 16.2. Tillsonburg Police Services Board Minutes 180418 Tillsonburg Police Services Board MIN Proposed Resolution #17 Moved By: Seconded By: THAT Council receives the Tillsonburg Police Services Board minutes dated April 18, 2018, as information. 16.3. Long Point Region Conservation Authority Minutes LPRCA MIN 180502 Proposed Resolution #18 Moved By: Seconded By: 9 Council Meeting – Agenda - 8 - THAT Council receives the Long Point Region Conservation Authority Minutes dated May 2, 2018, as information. 17. Notice of Motions 18. Resolutions 18.1. Appointment of Directors for the Board of Tillsonburg Hydro Inc. 18-02 Appointment of Board of Directors Board Recommend directors 2018 Proposed Resolution #19 Moved By: Seconded By: THAT Council supports the appointment of_______________________, ____________________________, ________________________, __________________________, ___________________________, _________________________, as Directors for Tillsonburg Hydro Inc. until the 2019 Annual General Meeting; AND THAT _______________________ (Shareholder Representative) be appointed; AND FURTHER THAT this resolution be forwarded to the Tillsonburg Hydro Inc. Annual General Meeting scheduled for June 26, 2018. 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Thursday, June 14, 2018 20.1 Proposed Resolution #20 Moved By: Seconded By: THAT By-Law 4201, to amend By-Law 3701, being a by-law to Regulate Traffic (pedestrian crossovers); and By-Law 4202, to appoint a Joint Compliance Audit Committee By-Law 4202 Schedule A 10 Council Meeting – Agenda - 9 - be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.2 Proposed Resolution #21 Moved By: Seconded By: THAT By-Law 4203, to confirm the proceedings of Council at its meeting held on the 14th day of June, 2018 be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21. Items of Public Interest 22. Adjournment Proposed Resolution #22 Moved By: Seconded By: THAT the Council Meeting of Thursday, June 14, 2018 be adjourned at _____ p.m. 11 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Max Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Laura Pickersgill, Legislative Services Coordinator Regrets: Councillor Brian Stephenson 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, May 28, 2018, be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 28, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 12 Council Meeting – Minutes - 2 - 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of May 14, 2018 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of May 14, 2018, be approved. Carried 6. Public Meetings Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. Carried 6.1. Application for Minor Variance - A-08/18, Shawn & Michelle Gaitens, 134 Allen Street Application A-08/18 A-08/18 Report Report Attachments Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report No. 2018-152, Minor Variance Application A-08/18. Opportunity was given for Council to ask questions. The agent, Nathan Kok, appeared on behalf of the applicant and spoke in favour of the application. 13 Council Meeting – Minutes - 3 - No members of the public appeared before Council in support of or in opposition to the application. Council passed the following resolution. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Tillsonburg Committee of Adjustment approve Application File A-08/18, submitted by Nathan Kok (Shawn and Michelle Gaitens), for lands described as Part Lots 18 & 19, Plan 41M-147 and Part 18, Plan 41R-6720 and Parts 15 & 16, Plan 41R-6737, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard from 12 m (39.3 ft) to 9 m (29.5 ft) to facilitate the construction of a single detached dwelling, subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee’s decision. Carried 6.2. Application for Minor Variance - A-09/18, Oxford Builders Inc., 150 Maple Lane A-09/18 Report Report attachments Application A-09/18 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report No. 2018-155, Minor Variance Application A-09/18. Opportunity was given for Council to ask questions. The applicant was not in attendance. No members of the public appeared before Council in support of, or opposition to the application. Council passed the follow resolution. 14 Council Meeting – Minutes - 4 - Resolution #5 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Tillsonburg Committee of Adjustment approve Application File A-09/18, submitted by Oxford Builders Inc. (2340764 Ontario Inc.), for lands described as Lot 19, 41M-Plan 229, Town of Tillsonburg, as it relates to: 1. Relief from Section 7.2, – Zone Provisions (R2), Front Yard Minimum Depth, to reduce the required front yard depth from 7.5 m (24.6 ft) to 6 m (19.7 ft); and 2. Relief from Section 7.2, – Zone Provisions (R2), Exterior Side Yard Minimum Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.8 ft) to facilitate the construction of a single detached dwelling, subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Carried Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council move out of the Committee of Adjustment and move back into regular Council session. Carried 7. Planning Applications 8. Delegations and Presentations 8.1. Volunteer of the Month Award Presented to: Jayden King Presented by: Mayor Molnar & Sam Lamb 8.2. Neighbourhood Concerns, Langrell Avenue Presented by: Cindy Allen 15 Council Meeting – Minutes - 5 - Neighbourhood Concerns Cindy Allen Delegation Request Form Cindy Allen presented concerns on behalf of the Langrell Avenue residents. The concerns on Langrell Avenue included: road surfacing, broken curbs, sewers higher than road surface, road height, lack of sidewalks, blind corners, lack of green space, overgrown weeds, fill piles, pond safety, light pollution and intersection safety concerns. Opportunity was given for Council to ask questions. Resolution #7 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the delegation on Neighbourhood Concerns, Langrell Avenue, as information; AND THAT that a staff report be prepared for the second regular Council Meeting of June. Carried 8.3. Watersmart Message Presented by: Sutton Diering, Swimming Student & Julie Dawley, Supervisor of Aquatics Resolution #8 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Watersmart Message as information. Carried 8.4. Proposed Amendments to Memorandum of Understanding Presented by: Nancy Boutin, Administrator, Seniors Centre Report to council memorandum 2018 MOU Working copy FINAL draft Nancy Boutin Delegation Request Form 16 Council Meeting – Minutes - 6 - Nancy Boutin presented their proposed changes to the Memorandum of Understanding between the Tillsonburg Seniors Centre and the Town of Tillsonburg. Members of the Seniors Centre Board of Directors were also present. The request included continued software funding from the Town. Opportunity was given for Council to ask questions. Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the proposed amendments to the Tillsonburg Seniors Centre Memorandum of Understanding; AND THAT the matter be referred to staff for review and report back to Council. Carried 8.5. 2017 OPP Year End Report Presented by: Staff Sergeant Jennifer Hormsby & Larry Scanlan, Police Services Board Chair Oxford Detachment 2017 Tillsonburg Town Council Report_ Staff Sergeant Jennifer Hormsby and Larry Scanlan presented the 2017 OPP Year End Report. Opportunity was given for Council to ask questions. Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the 2017 OPP Year End Report as information. Carried 9. Committee Reports & Presentations 10. Information Items 10.1. Trans Canada Trail Extension - Notice of Public Information Centre 17 Council Meeting – Minutes - 7 - Trans Canada Trail Extension- Notice of Public Information Centre 10.2. Minister of Seniors Affairs - Ontario Senior Achievement Award, Call for Nominations Ontario Senior Achievement Award Resolution #11 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Agenda Items 10.1 and 10.2, as information. Carried 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.2.1. CL 18-20, Joint Compliance Audit Committee CL 18-20 Joint Compliance Audit Committee Resolution #12 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CL 18-20, Joint Compliance Audit Committee; AND THAT a By-law to appoint a Joint Compliance Audit Committee be brought forward for Council consideration. Carried 13.3. Development and Communication Services 13.4. Finance 13.4.1. FIN18-16, Ontario's Main Street Revitalization Initiative FIN 18- 16 Ontario's Main Street Revitalization 18 Council Meeting – Minutes - 8 - AMO Main St Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report FIN18-16, Ontario's Main Street Revitalization Initiative; AND THAT By-Law 4183 to authorize a Municipal Funding Agreement with the Association of Municipalities of Ontario for the provision of receiving funding for Ontario’s Main Street Revitalization Initiative, be brought forward for Council consideration. Carried 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-13, Heavy Truck Restriction By-law OPS 18-13 Heavy Truck Restriction By-law OPS 18-13 Attachment 1 - By-law 4199 Heavy Trucks Restriction Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-13, Heavy Trucks Restriction By- Law; AND THAT By-Law 4199, to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg, be brought forward for Council consideration. Carried 13.6.2. OPS 18-14, Electric Vehicle Charging Stations OPS 18-14 Electric Vehicle Charging Stations Concerns were raised about how much usage these stations will receive at this point in time. 19 Council Meeting – Minutes - 9 - The County of Oxford currently has two electric vehicle charging stations installed in the Town that charge a rate of $2/hour. Staff to ensure that future budgets provide for the additional electric vehicle charging stations. Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report OPS, 18-14 Electric Vehicle Charging Stations; AND THAT Council authorizes staff to proceed with the installation of an Electric Vehicle Charging Station in Municipal Parking Lot 7A and the Tillsonburg Community Centre; AND THAT Council authorizes the costs associated with these Electric Vehicle Charging Station installations be incorporated into the LED Streetlight Conversion Project budget. Carried 13.7. Recreation, Culture & Park Services 13.7.1 Waterpark Slide Update This item was discussed after agenda item 16. The waterslide is no longer usable for the 2018 season due to additional concerns brought forward from the engineering company. Staff to bring a report back with water slide alternatives. Staff to prepare a communications plan to deliver the message to the public. Resolution #16 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Waterpark Slide Update, as information. Carried 20 Council Meeting – Minutes - 10 - 14. Unfinished Business 14.1. Notice of Annual Meeting of Shareholders of Tillsonburg Hydro Inc. Notice of THI AGM 18 Resolution #17 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Notice of the Annual Meeting of Shareholders of Tillsonburg Hydro Inc; AND THAT Council calls a Special Council Meeting for June 26, 2018 at 12:15 p.m. in order that Council may attend the AGM. Carried 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180116 Development MIN 180503 HBC Committee MIN 180508 AAC MIN 180509 Cultural Advisory MIN Concerns were noted regarding the Christmas Fest Committee and how to fill the committee’s vacancies. Concerns discussed regarding grass cutting at the Tillsonburg Cemetery. Resolution #18 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the Development Committee Minutes dated January 16, 2018, the Heritage, Beautification and Cemetery Advisory Committee Minutes dated May 3, 2018, the Accessibility Advisory Committee Minutes dated May 8, 2018, and the Cultural Advisory Committee Minutes dated May 9, 2018, as information. Carried 21 Council Meeting – Minutes - 11 - 17. Notice of Motions 18. Resolutions 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Monday, May 28, 2018 20.1. Resolution #19 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT By-Law 4183, to authorize a Municipal Funding Agreement with the Association of Municipalities of Ontario; and By-Law 4199, to amend By-Law 3701, Heavy Trucks Restriction be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20.2. Resolution #20 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT By-Law 4200, to confirm the proceedings of Council at its meeting held on the 28th day of May, 2018 be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest June 2 is National Health and Fitness Day. Free exercise activities will be held at the Lions Auditorium starting at 9:00 a.m. Tillsonburg Kinsmen Band Shell Bash is June 1 from 6:00-11:00 p.m. at Tillsonburg Memorial Park. 22 Council Meeting – Minutes - 12 - Turtle Fest will be held on June 15-17, 2018. Citizen of the Year Recognition is May 29, 2018 at 7:30pm at the Carriage Hall. May 27-June 2, 2018 is National Accessibility Week in Canada. 22. Adjournment Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT the Council Meeting of Monday, May 28, 2018 be adjourned at 8:22 p.m. Carried 23 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A07-18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: May 14, 2018 REPORT NUMBER: 2018-130 OWNERS: Marty and Erika Carrier 38 Delevan Crescent, Tillsonburg ON, N4G 3M8 REQUESTED VARIANCES: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard and exterior side yard from 3 m (9.8 ft) to 6.4 m (21.16 ft) 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front and exterior lot line from 3 m (9.8 ft) to 1.05 m (3.4 ft). LOCATION: The subject property is described as Part Lot 538, Plan 500, in the Town of Tillsonburg. The lands are located on the southeast corner of Delevan Crescent and Third Street and are municipally known as 38 Delevan Crescent. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSONBURG LAND USE PLAN ‘T-1’: Residential TOWN OF TILLSONBURG RESIDENTIAL DENSITY PLAN ‘T-2’: Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Residential Type 1 Zone (R1) SURROUNDING USES: Predominantly low density residential uses consisting of single detached dwellings, with Lake Lisgar to the west. 24 File Number: A07-18 Report Number 2018-130 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provisions of the Town Zoning By-law to facilitate the construction of an uncovered deck onto an existing a single detached dwelling. The subject property is approximately 512.92 m2 (5,521 ft2) in area and contains a single detached dwelling with attached carport, as well as an accessory structure (detached garage). An existing concrete porch is present on the front of dwelling and is located 2.9 m (9.5 ft) from the front lot line on Delevan Crescent. The applicant proposes to construct the deck in place of the concrete porch. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands and lands in the immediate vicinity. Plate 3, Applicant’s Sketch, shows the proposed deck in relation to the lot lines and existing structures on the subject lands. (b) Agency Comments: The Town of Tillsonburg Engineering Services Department, and the County of Oxford Public Works Department have indicated that they had no comments or concerns with the proposal. The Town Building Services Department commented that they have concerns related to additional encroachment in the front yard related to sight triangle visibility in addition to potential for future complications related to road allowance and servicing improvements. Building services further commented that they recommend the variance be amended and considered for a 2.90 m (9.5 ft) setback which could be obtained by angling the corner of the deck. It was also noted that there are available options to facilitate a deck within the rear yard of the subject lands. (c) Public Consultation: Public Notice was mailed to surrounding property owners In accordance with the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the County Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory structures thereto conforms to the Low Density Residential policies of the Official Plan. 25 File Number: A07-18 Report Number 2018-130 Page 3 Further, the Official Plan (Section 10.3.6) states that the Committee of Adjustment shall take into account the following points when considering an application for minor variance: • The objectives and policies of the Official Plan can be met if the minor variance is granted; • The request for variance constitutes a minor departure from the performance standards of the zoning by-law; • The general intent of the zoning by-law can be met; and • Whether the variance is desirable for the appropriate development of the land. In determining whether a variance is desirable, the Official Plan provides that the following factors be considered: • Whether there are constraints and/or restrictions due to physical or inherent conditions of the site; • Whether alternative designs of the proposals are clearly not feasible or appropriate; • Whether approval would create an undesirable precedent; • Concerns of adjacent owners and residents, and community in general; and, • Whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. In the case of the proposed development, the use of the lands for residential purposes is permitted. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ according to the Town’s Zoning By-law, which permits single detached dwellings. The ‘R1’ zone also requires a minimum front yard depth of 7.5 m (24.6 ft). Table 5.37.1 also permits certain structures, such as uncovered decks, to project 3.0 m (9.8 ft) into the required front and exterior side yard, but also requires a minimum 3.0 m (9.8 ft) setback between the projection and front or exterior lot line. The purpose of the front yard depth and exterior side yard width is to ensure single detached dwellings maintain sufficient setback from the street, and adequate space for off-street parking, amenity area, sight lines and proper drainage is provided. The purpose of permitting structures, such as uncovered decks, to project into the required front yard depth is to recognize that such structures are typically are smaller in scale and size than the single detached dwelling. As such, these types of structures are allowed to project into required yards, subject to remaining 3.0 m (9.8 ft) from the front or exterior lot line. In this instance, the dwelling (circa 1945) is located 2.90 m (9.5 ft) from the front lot line on Delevan Crescent, and is 2.38 m (7.8 ft) from the exterior lot line fronting on Third Street. The applicant proposes to construct the deck in place of the existing porch. The replacement of the existing porch with an uncovered deck that maintains the same setbacks from the front lot line and exterior side yard generally meets the intent and purpose of the Zoning By-Law, with a caveat. 26 File Number: A07-18 Report Number 2018-130 Page 4 Planning staff recommend that relief be granted only to facilitate an uncovered deck that maintains the same setback as the existing deck, 2.9 m (9.5 ft) from the front and 2.38 m (7.8 ft) from the exterior lot lines. This will ensure there is minimal impact to sight lines, particularly at the westbound yield sign at Third Street and Delevan Crescent, and will address the comments provided by the Town Building Services Department. This can be accomplished through angling the deck to follow the angular lot line at the northwest corner of the lot and at the Delevan Crescent and Third Street intersection. With this modification, Planning staff are of the opinion that the proposed uncovered deck will generally maintain the intent and purpose of the Town’s Zoning By-Law to permit minor encroachments into the required front and exterior yards that match the setback of the existing dwelling, with no expected impact on sightlines, road and sidewalk maintenance or amenity areas. (f) Desirable Development/Use: Planning staff have reviewed that applicant’s request and are of the opinion that the proposal as recommended, generally can be considered minor and desirable for the development of the land. It is noted that many other dwellings south of the subject property fronting on the east side of Delevan Crescent between Third Street and Second Street also appear to have minimal front yard depths. Staff are of the opinion that the proposal, if modified to maintain a 2.9 m (9.5 ft) setback between the uncovered deck and front lot line and 2.38 m (7.8 ft) setback between the uncovered deck and exterior lot line could be considered minor as the proposed relief will facilitate an uncovered deck that maintains the same setback as the existing dwelling and is not expected to impact sight lines, road or sidewalk maintenance. Staff are recommending the Committee of Adjustment to approve subject to the modifications recommended by Planning staff, the applicants’ request to increase the permitted projection into the required front yard depth and exterior side yard width, and reduce the minimum setback between a projection and front and exterior lot line in an ‘R1’ Zone. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A07-18, submitted by Marty and Erika Carrier, for lands described as Part Lot 538, Plan 500, in the Town of Tillsonburg, municipally known as 38 Delevan Crescent, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard from 3 m (9.8 ft) to 4.6 m (15.1 ft); 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required exterior side yard from 3 m (9.8 ft) to 5.2 m (17.1 ft); 27 File Number: A07-18 Report Number 2018-130 Page 5 3. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.9 m (9.5 ft); 4. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.38 m (7.8 ft). Subject to the following conditions: 1. That this relief shall only apply to an uncovered deck; 2. That a building permit for the proposed deck shall be issued within a year of Committee’s decision. As the proposed variances are deemed to be: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Original Signed by Adam Ager, MCIP, RPP, Development Planner Approved for submission by: Original Signed by Eric Gilbert, MCIP, RPP, Senior Planner 28 May 9, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 29 May 9, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 30 31 Site Photos A-07/18 (Carrier) Figure 1 – View of Subject Lands (looking south from Third Street) Figure 2 – View of Subject Lands (looking southeast from Delevan Crescent) 32 Site Photos A-07/18 (Carrier) Figure 3 – View of Subject Lands (looking east from Delevan Crescent) 33 000270955 A07-18 34 35 36 37 38 39 THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT DECEMBER 31, 2017 FINANCIAL STATEMENTS 40 THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT FINANCIAL STATEMENTS DECEMBER 31, 2017 -1-Independent Auditor's Report -2-Statement of Financial Position -3-Statement of Operations and Accumulated Surplus -4-Statement of Cash Flows -5-Statement of Changes in Net Financial Assets -6-Notes to the Financial Statements 41 -1- INDEPENDENT AUDITOR'S REPORT To the Members of Council, Ratepayers and Inhabitants of the Corporation of the Town of Tillsonburg: We have audited the accompanying financial statements of the Corporation of Town of Tillsonburg Sanitary Sewer Department, which comprise the Statement of Financial Position as at December 31, 2017 and the Statements of Operations and Accumulated Surplus, Cash Flows and Changes in Net Financial Assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the Corporation of the Town of Tillsonburg Sanitary Sewer Department as at December 31, 2017 and its financial performance and its changes in net financial assets and cash flows for the year then ended in accordance with Canadian public sector accounting standards. London, Canada June 14, 2018 LICENSED PUBLIC ACCOUNTANT 42 -2- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2017 (with comparative balances as at December 31, 2016) 2017 2016 FINANCIAL ASSETS Accounts receivable $554,101 $367,182 554,101 367,182 LIABILITIES Due to Town of Tillsonburg (note 3)158,079 212,692 Due to County of Oxford 396,022 154,490 554,101 367,182 NET FINANCIAL ASSETS (page 5)NIL NIL ACCUMULATED SURPLUS (page 3)$NIL $NIL The accompanying notes are an integral part of these financial statements. 43 -3- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative balances for the year ended December 31, 2016) Budget Actual Actual 2017 2017 2016 REVENUES Taxation $478,800 $476,398 $462,378 Surcharge on direct water billings- usage 3,090,400 3,420,891 3,039,499 Surcharge on direct water billings- capital 60,400 21,296 56,544 Sundry 67 3,629,600 3,918,585 3,558,488 EXPENDITURES Operating and maintenance 267,500 222,862 207,020 Bad debt expense 7,500 2,061 11,321 Equipment and distribution system 52,000 33,943 15,941 327,000 258,866 234,282 OTHER EXPENDITURES County of Oxford 3,302,600 3,659,719 3,324,206 Excess revenues over expenditures NIL NIL NIL Accumulated surplus beginning of year NIL NIL NIL ACCUMULATED SURPLUS, END OF YEAR $NIL $NIL $NIL The accompanying notes are an integral part of these financial statements. 44 -4- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative figures for the year ended December 31, 2016) 2017 2016 NET INFLOW OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures (page 3)$NIL $NIL Cash, beginning of year NIL NIL CASH, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 45 -5- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF CHANGES IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative figures for the year ended December 31, 2016) 2017 2016 Excess revenues over expenditures (page 3)$NIL $NIL Net financial assets, beginning of year NIL NIL NET FINANCIAL ASSETS, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 46 -6- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 1.Nature of operations The Town of Tillsonburg Sanitary Sewer Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Sanitary Sewer system was assumed by the County of Oxford. 2.Accounting policies The financial statements of the Town of Tillsonburg Sanitary Sewer Department are the representation of the Department prepared in accordance with Canadian public sector accounting standards. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b)Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Tangible capital assets The Department does not own any tangible capital assets. (d)Financial instruments Financial instruments of the Department consist of accounts receivable and due to County of Oxford and due to Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. (e) Revenue recognition Taxation revenue is recognized in the financial statements in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. Service billing revenue is recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. 47 -7- THE CORPORATION OF THE TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 2.Accounting policies continued (f) Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures during the period. Since precise determination of many assets and liabilities is dependent upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. Actual results could differ from management's best estimates, as additional information becomes available in the future. (g)Budget The operating budget approved by the County of Oxford for 2017 is reflected on the statement of operations. 3.Continuing operations All banking activities are administered by the Town of Tillsonburg, on behalf of sewer activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town and Sanitary Sewer Department after adding or deducting payments made to or received from the County of Oxford. 48 THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS DECEMBER 31, 2017 FINANCIAL STATEMENTS 49 THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS FINANCIAL STATEMENTS DECEMBER 31, 2017 -1-Independent Auditor's Report -2-Statement of Financial Position -3-Statement of Operations and Accumulated Surplus -4-Statement of Cash Flows -5-Notes to the Financial Statements 50 -1- INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the Town of Tillsonburg: We have audited the accompanying financial statements of the Corporation of the Town of Tillsonburg Trust Funds, which comprise the Statement of Financial Position as at December 31, 2017 and the Statements of Operations and Accumulated Surplus and Cash Flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted or audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the Corporation of the Town of Tillsonburg Trust Funds as at December 31, 2017 and its financial performance and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. June 14, 2018 London, Ontario LICENSED PUBLIC ACCOUNTANT 51 -2- THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2017 (with comparative balances as at December 31, 2016) 2017 2016 FINANCIAL ASSETS Bank $1,272,664 $458,223 Investments (note 3)720,000 Interest Receivable 715 316 Donation Receivable 21,850 70 Due from Town of Tillsonburg 2,666 9,565 1,297,895 1,188,174 NET FINANCIAL ASSETS 1,297,895 1,188,174 ACCUMULATED SURPLUS (note 4)$1,297,895 $1,188,174 The accompanying notes are an integral part of these financial statements. 52 -3- THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative balances for the year ended December 31, 2016) 2017 2016 REVENUES Interest $12,577 $10,233 Donations and fees 97,941 32,196 Other revenue 26,084 24,036 136,602 66,465 EXPENDITURES Donations 2,200 4,350 Expenditures for trust fund obligations 24,681 39,315 26,881 43,665 Excess expenditures over revenues for the year 109,721 22,800 Accumulated surplus, beginning of the year 1,188,174 1,165,374 ACCUMULATED SURPLUS, END OF YEAR (note 4)$1,297,895 $1,188,174 The accompanying notes are an integral part of these financial statements. 53 -4- THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative balances for the year ended December 31, 2016) 2017 2016 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures (page 2)$109,721 $22,800 Change in non-cash operating balances Due from (to) Town of Tillsonburg 6,899 (23,407) (Increase) decrease in interest receivable (399)1,471 (Increase) decrease in donation receivable (21,780)(70) Increase in cash and cash equivalents 94,441 794 Cash and cash equivalents, beginning of year 1,178,223 1,177,429 CASH AND CASH EQUIVALENTS, END OF YEAR $1,272,664 $1,178,223 CONSISTS OF: Bank $1,272,664 $458,223 Investments -720,000 $1,272,664 $1,178,223 The accompanying notes are an integral part of these financial statements. 54 -5- THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 1.Nature of operations The following Trust Funds are held and managed by the Town of Tillsonburg. Annandale House Cemetery Maintenance Cemetery Perpetual Care Cemetery Prepaid Costs Community Trust Fund Lake Lisgar Revitalization Fund Parkland Trust Scholarship Trust Fund The Cemetery Perpetual Care and Cemetery Prepaid Costs are regulated by the Bereavement Authority of Ontario while the remaining trusts have Council appointed trustees who control the respective Trust's revenues and expenditures. 2.Accounting policies The financial statements of the Corporation of the Town of Tillsonburg - Trust Funds are prepared by management in accordance with Canadian public sector accounting standards. (a)Basis of accounting Revenues are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods and services and the creation of a legal obligation to pay. (b)Financial instruments The financial instruments of the trust funds consist of cash and accounts receivable. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. (c) Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the period. Actual results could differ from these estimates. (d)Tangible capital assets The trust funds do not own any tangible capital assets. 55 -6- THE CORPORATION OF THE TOWN OF TILLSONBURG TRUST FUNDS NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 3. Investments The investments of the trust fund of $NIL (2016 - $720,000) reported on the Statement of Financial Position are recorded at cost which approximates market value. 4. Accumulated surplus The accumulated surplus of the trust funds is comprised of the following: 2017 2016 Cemetery Perpetual Care $892,085 $866,000 Annandale House 113,648 103,235 Community Trust Fund 62,980 63,071 Parkland 45,662 44,762 Scholarship Trust Fund 37,258 38,342 Cemetery Maintenance 34,020 33,678 Cemetery Prepaid Costs 30,207 29,911 Lake Lisgar Revitalization 7,278 9,175 JL Scott McLean Trust 74,757 - $1,297,895 $1,188,174 56 THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT DECEMBER 31, 2017 FINANCIAL STATEMENTS 57 THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT FINANCIAL STATEMENTS DECEMBER 31, 2017 -1-Independent Auditor's Report -2-Statement of Financial Position -3-Statement of Operations and Accumulated Surplus -4-Statement of Cash Flows -5-Statement of Changes in Net Financial Assets (Liabilities) -6-Notes to the Financial Statements 58 -1- INDEPENDENT AUDITOR'S REPORT To the Members of Council, Ratepayers and Inhabitants of the Corporation of the Town of Tillsonburg: We have audited the accompanying financial statements of Corporation of the Town of Tillsonburg Waterworks Department, which comprise the Statement of Financial Position as at December 31, 2017 and the Statements of Operations and Accumulated Surplus, Cash Flows and Changes in Net Financial Liabilities for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the Corporation of the Town of Tillsonburg Waterworks Department as at December 31, 2017 and its financial performance and its changes in cash flows and net financial liabilities for the year then ended in accordance with Canadian public sector accounting standards. London, Canada June 14, 2018 LICENSED PUBLIC ACCOUNTANT 59 -2- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2017 (with comparative balances as at December 31, 2016) 2017 2016 FINANCIAL ASSETS Accounts receivable $596,900 $389,579 596,900 389,579 LIABILITIES Due to Town of Tillsonburg (note 3)253,914 310,355 Due to County of Oxford 414,157 151,611 668,071 461,966 NET FINANCIAL LIABILITIES (page 5)(71,171)(72,387) NON-FINANCIAL ASSETS Inventory 71,171 72,387 ACCUMULATED SURPLUS (page 3)$NIL $NIL The accompanying notes are an integral part of these financial statements. 60 -3- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative balances for the year ended December 31, 2016) Budget Actual Actual 2017 2017 2016 REVENUES Direct water billings $3,162,900 $3,514,739 $3,116,631 Capital surcharge 62,800 105,055 58,954 Other revenue 19,500 77,037 34,465 3,245,200 3,696,831 3,210,050 EXPENDITURES Operating and maintenance 1,009,500 1,017,831 950,050 Customer service 291,400 300,606 305,864 Bad debt expense 10,000 3,882 9,157 Equipment and distribution system 332,500 229,193 266,719 1,643,400 1,551,512 1,531,790 OTHER EXPENDITURES County of Oxford 1,601,800 2,145,319 1,678,260 Excess revenues over expenditures NIL NIL NIL Accumulated surplus, beginning of year NIL NIL NIL ACCUMULATED SURPLUS, END OF YEAR $NIL $NIL $NIL The accompanying notes are an integral part of these financial statements. 61 -4- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative figures for the year ended December 31, 2016) 2017 2016 NET INFLOW OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures (page 3)$NIL $NIL Cash, beginning of year NIL NIL CASH, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 62 -5- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF CHANGES IN NET FINANCIAL ASSETS (LIABILITIES) FOR THE YEAR ENDED DECEMBER 31, 2017 (with comparative figures for the year ended December 31, 2016) 2017 2016 Excess revenues over expenditures (page 3)$NIL $NIL Decrease in inventory 1,216 2,445 Increase in net financial liabilities 1,216 2,445 Net financial liabilities, beginning of year (72,387)(74,832) NET FINANCIAL LIABILITIES, END OF YEAR $(71,171)$(72,387) The accompanying notes are an integral part of these financial statements. 63 -6- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 1.Nature of operations The Town of Tillsonburg Waterworks Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Waterworks system was assumed by the County of Oxford. 2.Accounting policies The financial statements of the Town of Tillsonburg Waterworks Department are the representation of the Department prepared in accordance with Canadian public sector accounting standards. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b)Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenditures, provides the change in net financial assets for the year. (d) Tangible capital assets The Department does not own any tangible capital assets. (e)Financial instruments Financial instruments of the Department consist of accounts receivable and due to County of Oxford and due to Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. 64 -7- THE CORPORATION OF THE TOWN OF TILLSONBURG WATERWORKS DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2017 2.Accounting policies continued (f) Revenue recognition Revenue is recognized in the financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. Service billing revenue is recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. (g) Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures during the period. Since precise determination of many assets and liabilities is dependent upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. Actual results could differ from management's best estimates, as additional information becomes available in the future. (h) Inventory Inventory of supplies is valued at the lower of cost and replacement value. Cost is determined on an averaged basis. (i)Budget The operating budget approved by the County of Oxford for 2017 is reflected on the statement of operations. 3.Continuing operations All banking activities are administered by the Town of Tillsonburg, on behalf of waterworks activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town and Waterworks Department after adding or deducting payments made to or received from the County of Oxford. 65 TOWN OF TILLSONBURG CONSOLIDATED FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2017 DRAFT 66 TOWN OF TILLSONBURG CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 -1-Independent Auditor's Report -2-Statement of Consolidated Financial Position -3-Statement of Consolidated Operations and Accumulated Surplus -4-Statement of Consolidated Cash Flows -5-Statement of Consolidated Change in Net Financial Assets -6- to -14-Notes to the Consolidated Financial Statements -15-Schedule 1 - Consolidated Schedule of Tangible Capital Assets -16-Schedule 2 - Consolidated Schedule of Segmented Information 67 INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the Town of Tillsonburg: We have audited the accompanying consolidated financial statements of the Corporation of the Town of Tillsonburg, which comprise the Consolidated Statement of Financial Position as at December 31, 2017 and the Consolidated Statements of Operations and Accumulated Surplus, Cash Flows, and Change in Net Financial Assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Corporation of the Town of Tillsonburg as at December 31, 2017 and its financial performance and its changes in cash flows and net financial assets for the year then ended in accordance with Canadian public sector accounting standards. June 14, 2018 London, Canada LICENSED PUBLIC ACCOUNTANT 68 -2- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2017 2017 2016 FINANCIAL ASSETS Cash $5,292,887 $4,911,801 Investments (note 7)36,409 35,452 Taxes receivable 728,266 829,371 Accounts receivable 2,851,777 1,203,612 Due from unconsolidated entities (note 14)840,217 1,350,956 Other long-term assets (note 5)1,870,636 1,849,482 Investment in Tillsonburg Hydro Inc. (note 12)11,238,411 10,728,213 22,858,603 20,908,887 LIABILITIES Accounts payable and accrued liabilities 4,634,292 4,871,330 Other current liabilities 1,771,229 1,338,746 Accrued employee benefits (notes 8 and 13)196,149 332,850 Deferred revenue (note 9)2,352,352 2,661,647 Long-term debt (note 10)10,057,976 9,695,891 19,011,998 18,900,464 NET FINANCIAL ASSETS 3,846,605 2,008,423 NON-FINANCIAL ASSETS Tangible capital assets - Schedule 1 53,381,340 52,164,723 Capital work in progress 968,012 1,567,516 Inventories 78,352 18,501 Prepaid expenditures 442,208 454,276 54,869,912 54,205,016 ACCUMULATED SURPLUS (page 3)$58,716,517 $56,213,439 The accompanying notes are an integral part of these financial statements. 69 -3- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2017 Budget Actual Actual 2017 2017 2016 REVENUE Property taxation $14,160,600 $14,193,696 $13,638,403 User charges 4,167,100 4,169,232 4,046,662 Government grants 636,400 656,105 606,504 Investment income 177,200 239,534 221,006 Penalty and interest on taxes 173,000 164,037 178,503 Donations 19,100 34,366 27,805 19,333,400 19,456,970 18,718,883 EXPENDITURES General government 2,131,900 2,731,789 2,739,597 Protection to persons and property 5,415,300 5,424,373 5,347,545 Transportation services 3,560,200 4,784,314 4,751,478 Environmental services 520,400 543,021 500,799 Health services 279,700 273,425 281,627 Recreation and cultural development 4,659,900 5,199,554 4,818,441 Planning and development 520,000 696,077 844,972 17,087,400 19,652,553 19,284,459 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)2,246,000 (195,583)(565,576) OTHER Gain (loss) on disposal of tangible capital assets -(560,298)(207,167) Equity acquired in Tillsonburg Hydro Inc. (note 12)-510,198 333,192 Government transfers related to capital 3,466,300 1,824,467 197,556 Donations and other revenue related to capital 290,600 430,947 100,945 Developer contributions-in-kind related to capital 558,200 493,347 59,525 4,315,100 2,698,661 484,051 Excess of revenue over expenditures 6,561,100 2,503,078 (81,525) ACCUMULATED SURPLUS, BEGINNING OF YEAR 56,213,439 56,213,439 55,104,577 Prior period adjustment (note 12)--1,190,387 ACCUMULATED SURPLUS, END OF YEAR (note 11)$62,774,539 $58,716,517 $56,213,439 The accompanying notes are an integral part of these financial statements. 70 -4- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2017 2017 2016 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess of revenue over expenditures (page 3)$2,503,078 $(81,525) Non-cash changes to operations Amortization 2,515,407 2,458,408 Loss on disposal of tangible capital assets 924,703 680,789 Net change in non-cash operating balances (A)(1,308,026)3,211,757 Net change in cash from operating activities 4,635,162 6,269,429 CAPITAL Acquisition of tangible capital assets (4,656,727)(2,124,996) Decrease (increase) in work in progress 599,504 (1,089,220) (Increase) decrease in other non-financial assets (47,783)16,742 Net change in cash from capital activities (4,105,006)(3,197,474) INVESTING Net change in investment in Tillsonburg Hydro Inc. (note 12)(510,198)(333,192) FINANCING Net change in long-term debt (note 10)362,085 (334,650) Net change in cash and cash equivalents during the year 382,043 2,404,113 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 4,947,253 2,543,140 CASH AND CASH EQUIVALENTS, END OF YEAR $5,329,296 $4,947,253 COMPRISED OF: Cash $5,292,887 $4,911,801 Investments 36,409 35,452 $5,329,296 $4,947,253 (A) Non-cash operating balances includes taxes and accounts receivable, due from unconsolidated entities, other long-term assets, accounts payable and accrued liabilities, other current liabilities, accrued employee benefits and deferred revenue. The accompanying notes are an integral part of these financial statements. 71 -5- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2017 2017 2016 Excess of revenue over expenditures (page 3)$2,503,078 $(81,525) Amortization of tangible capital assets 2,515,407 2,458,408 Acquisition of tangible capital assets (4,656,727)(2,124,996) Loss on sale of tangible capital assets 924,703 680,789 Decrease (increase) in work in progress 599,504 (1,089,220) Disposal of (acquisition of) supplies inventory (59,851)8,090 Disposal of (acquisition of) prepaid expenditures 12,068 8,652 Increase (decrease) in net financial assets 1,838,182 (139,802) NET FINANCIAL ASSETS, BEGINNING OF YEAR 2,008,423 2,148,225 NET FINANCIAL ASSETS, END OF YEAR $3,846,605 $2,008,423 The accompanying notes are an integral part of these financial statements. 72 -6- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 The Town of Tillsonburg (the Town), is a Town in the Province of Ontario, Canada. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 1.Significant accounting policies The consolidated financial statements of the Corporation of the Town of Tillsonburg are prepared by management in accordance with Canadian public sector accounting standards. The focus of these consolidated financial statements is on the financial position of the Town and changes thereto. The Consolidated Statement of Financial Position reports financial assets and liabilities. Financial assets are available to provide resources to discharge existing liabilities or finance future operations. Net financial assets represent the financial position of the Town and is the difference between financial assets and liabilities. This information presents the Town's overall future revenue requirements and its ability to finance activities and meet its obligations. The following outlines the significant accounting policies: a.Reporting entity These consolidated financial statements reflect the assets, liabilities, revenue, expenditures and accumulated surplus and changes in investment in non-financial assets of the Town. The reporting entity includes the activities of all committees of Council and the following boards, municipal enterprises and utilities which are under the control of Council: Tillsonburg Business Improvement Area Board of Management All interfund assets and liabilities and revenue and expenditures have been eliminated. The following local boards, joint local boards, municipal enterprises and utilities are not consolidated: Tillsonburg Waterworks Department Tillsonburg Sanitary Sewer Department Government business enterprises are separate legal entities that do not rely on the Town for funding. Investments in government business enterprises are accounted for using the modified equity method. Tillsonburg Hydro Inc. is a government business enterprise and the Town's investment in this corporation is reflected in these consolidated financial statements. b.Accounting for County and School Board transactions The taxation, other revenue, expenditures, assets and liabilities with respect to the operations of the School Boards, and the Town of Tillsonburg are not reflected in the operations in these consolidated financial statements. 73 -7- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 1.Significant accounting policies continued c.Trust funds Trust funds and their related operations administered by the Town are not consolidated, but are reported separately on the Trust Funds Statements of Financial Position and Statement of Operations. d.Accrual accounting The accrual basis of accounting recognizes revenue as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. e.Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenue over expense, provides the Consolidated Change in Net Financial Assets for the year. Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The costs, less residual value, of the tangible capital assets are amortized on a straight-line basis over their estimated useful lives as follows: Land improvements 25-50 years Buildings and structures 30-70 years Leasehold improvements term of lease Vehicles 3-20 years Information technology 3-10 years Equipment 5-40 years Roads 20-50 years Bridges and other structures 40-50 years The Town has a capitalization threshold of $5,000 to $25,000, depending on the nature of the assets, so that individual assets of lesser value are expensed unless they are pooled because collectively they have a significant value. Leases are classified as capital or operating leases. Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as capital leases. All other leases are accounted for as operating leases and the related lease payments are charged to expense as incurred. Tangible capital assets received as contributions are recorded at their fair value at the date of receipt. The fair value is also recorded as contributed revenue. 74 -8- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 1.Significant accounting policies continued f. Inventories Inventories held for consumption are recorded at the lower of cost or replacement cost. g.Revenue recognition Government grants and transfers are recognized in the financial statements as revenue in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. h.Deferred revenue Grants, contributions and other amounts are received from third parties pursuant to legislation, regulation or agreement and may only be used in the conduct of certain programs, in the completion of specific work, or for the purchase of tangible capital assets. In addition, certain user charges and fees are collected for which the related services have yet to be performed. Revenue is recognized in the period when the related expenditures are incurred, services performed, or the tangible capital assets are acquired. i. Financial instruments Financial instruments of the Town consist mainly of cash, investments, accounts and taxes receivable. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. j.Use of estimates The preparation of consolidated financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenue an expenditures during the period. Actual results could differ from these estimates. 2.Tax revenue Property tax billings are prepared by the Town based on an assessment roll prepared by the Municipal Property Assessment Corporation. All assessed property values in the Town were reviewed and new values established based on a common valuation date which was used by the Town in computing the 2017 property tax bills. Property tax revenue and tax receivables are subject to appeals which may not have been heard yet. Any supplementary billing adjustments, made necessary by the determination of such appeals, will be recognized in the fiscal year they are determined and the effect shared with the County of Oxford and the appropriate School Boards. 75 -9- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 3.Trust funds Trust funds administered by the Town amounting to $1,297,895 (2016 - $1,188,174) have not been included in the Consolidated Statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations and Accumulated Surplus. 4.Operations of School Boards and the County of Oxford Further to note 2, the taxation revenue of the School Boards and County are comprised of the following: School Boards County Taxation $5,021,708 $7,819,903 Requisitions $5,021,708 $7,819,903 5. Other long-term assets Included in other long-term assets as at December 31, 2017, is land held for resale of $1,858,373 (2016 - $1,830,244). 6.Pension agreements The Town makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of members of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2017 was $708,130 (2016 - $676,758) for current service and is included as an expenditure on the Consolidated Statement of Operations and Accumulated Surplus. The Town has no obligation, as at December 31, 2017, under the past service provisions. The OMERS funding ratio for 2017 is 94.2% (2016 - 93.4%), with the goal of being fully funded by 2025. 7.Investments Investments of $36,409 (2016 - $35,452) are recorded at their market value and are short-term in nature. Investments consist of money market funds, which have a market value approximating cost. 8.Liability for vested sick leave benefits The liability for vested sick leave benefits was paid out in 2017. 76 -10- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 9.Deferred revenue A requirement of the Canadian public sector accounting standards is that obligatory reserve funds be reported as deferred revenue. This requirement is in place as provincial legislation restricts how these funds may be used and under certain circumstances these funds may possibly be refunded. The balances in the obligatory reserve funds of the Town are summarized as follows: 2017 2016 Development charges $1,602,548 $1,737,773 Federal gas tax 412,024 567,465 Building 188,284 206,892 Deferred operating revenue 149,496 149,517 $2,352,352 $2,661,647 10. Long-term debt a.The balance of net long-term liabilities on the Consolidated Statement of Financial Position is made up of the following: 2017 2016 Total long-term liabilities incurred by the Municipality $10,057,976 $9,695,891 b.Principle due on net long-term liabilities reported in a. of this note is summarized as follows, $4,890,122 in principal payments are payable from 2018 to 2022, $2,660,860 is payable in 2023 to 2027 and $2,506,994 is payable thereafter. c.Approval of the Ontario Municipal Board has been obtained for the long-term liabilities and commitments to be financed by revenue beyond the term of Council and approved on or before December 31, 1992. Those approved after January 1, 1993 have been approved by by-law. The principal and interest payments required to service these pending issues and commitments are within the debt repayment limit prescribed by the Ministry of Municipal Affairs. d.The Town is not contingently liable for any long-term debt with respect to an unconsolidated local board at December 31, 2017. e.Interest, for the year, for net long-term debt which is reported on the Consolidated Statement of Operations and Accumulated Surplus is $403,435 (2016 - $436,392). 77 -11- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 11. Accumulated surplus The accumulated surplus on the Consolidated Statement of Financial Position at the end of the year are comprised of the following: 2017 2016 Operating surplus (deficits) - Revenue fund $239,589 $254,138 Invested in tangible capital assets 43,267,318 42,079,405 Investment in Tillsonburg Hydro Inc. (note 12)11,238,411 10,728,213 Reserves set aside for specific purpose - for acquisition of capital assets and general purposes 3,971,199 3,151,683 Accumulated surplus $58,716,517 $56,213,439 12. Investment in Tillsonburg Hydro Inc. The Town accounts for its 100% investment in Tillsonburg Hydro Inc. using the modified equity method. Under this method, the accounting policies of Tillsonburg Hydro Inc. are not adjusted to conform to those of the Town. In subsequent years, the cost of this investment is increased by the earnings or decreased by the losses of Tillsonburg Hydro Inc. Tillsonburg Hydro Inc. prepares their financial statements in accordance with International Financial Reporting Standards ("IFRS"). Condensed financial information of Tillsonburg Hydro Inc. is as follows: Statement of Financial Position as at December 31 2017 2016 Current assets $5,458,137 $6,857,548 Property, plant and equipment 11,755,195 10,426,340 Non-regulatory assets 59,563 74,336 $17,272,895 $17,358,224 Current liabilities $2,666,685 $3,377,190 Long-term liabilities 3,279,750 2,546,847 Regulatory liabilities 88,049 705,974 Equity 11,238,411 10,728,213 $17,272,895 $17,358,224 78 -12- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 12.Investment in Tillsonburg Hydro Inc. continued Statements of Comprehensive Income and Retained Earnings 2017 2016 Power revenue $23,698,378 $26,053,864 Cost of power 23,698,378 26,053,864 Gross margin -- Distribution revenue 3,700,414 3,661,445 Net non-utility revenue 313 39,806 Expenditures 3,103,631 3,093,559 Net operating revenue 597,096 607,692 Provision for taxes (63,102)124,500 Net earnings for the year, before dividends 660,198 483,192 Dividends 150,000 150,000 Return of capital -- Net change in investment in Tillsonburg Hydro Inc.$510,198 $333,192 Opening, Investment in Tillsonburg Hydro Inc.$10,728,213 $9,204,634 Prior period adjustment (see note below)-1,190,387 Net change in investment in Tillsonburg Hydro Inc.510,198 333,192 Closing, Investment in Tillsonburg Hydro Inc.$11,238,411 $10,728,213 The investment in Tillsonburg Hydro Inc. has been adjusted for their contributed capital which represented the increase in fair market value of their property, plant and equipment upon incorporation. The effect of this adjustment is to increase the Investment in Tillsonburg Hydro Inc. by $1,190,387 and increase the Town's surplus in Tillsonburg Hydro Inc. This adjustment has been applied retroactively. 13. Post-employment benefit liability Included in the accrued employee benefits is an amount for post-employment benefits of $26,125 (2016 - $41,866). The Town provides certain employee benefits which will require funding in future periods. An internal estimate of future liabilities was completed and forms the basis for the estimated liability included in accrued employee benefits. 79 -13- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 14.Due from unconsolidated entities The banking activities of the following entities are administered by the Town. Accordingly, the amount due from these entities represents the net working capital position between the Town and the entity as follows: 2017 2016 Tillsonburg Hydro Inc.$430,143 $829,781 Town of Tillsonburg - Waterworks Department 253,914 305,586 Town of Tillsonburg - Sanitary Sewer Department 156,160 215,589 $840,217 $1,350,956 15. Budget figures The Town's Council completes separate budget reviews for its operating and capital budgets each year. The approved operating budget for 2017 is reflected on the Consolidated Statement of Operations and Accumulated Surplus. For capital spending, budgets are set for individual projects and funding for these activities is determined annually and made by transfers from reserve funds and by the application of applicable grants or other funds available to apply to capital projects. Amortization was not contemplated on development of the budget and, as such, has not been included. The chart below reconciles the approved budget to the budget figures reported in these consolidated financial statements: 2017 REVENUES Operating Budget $19,603,900 Capital budget 9,763,300 Less: Transfers from other funds (2,039,100) Proceeds on debt issue (2,451,300) TOTAL REVENUE 24,876,800 EXPENDITURES Operating budget 19,609,800 Capital budget 9,763,300 Less: Transfers from other funds (449,400) Capital expenses (9,624,700) Debt principal payments (983,300) TOTAL EXPENSES 18,315,700 ANNUAL SURPLUS $6,561,100 80 -14- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2017 16. Contingent liabilities - Contaminated Sites The Public Sector Accounting Board of CPA Canada released a standard, 3510, related to contaminated sites. This standard requires municipalities to evaluate sites owned by the municipality and the associated costs, if any, to remediate such sites, as well as financial statement presentation and criteria to recognize these costs. The Town received an order from the Ministry of Natural Resources to clean up the discharge from a failing abandoned oil well. The source well is under an existing road embankment, however, the exact location is not apparent. The responsibility for the cost to clean up and plug the abandoned oil well is in dispute. The matter has been referred to legal counsel and the outcome is not determinable at this time. The Town is not aware of any other contaminated sites. 17. Public sector salary disclosure There were thirteen employees in 2017 paid a salary, as defined in the Public Sector Disclosure Act, 1996, of $100,000 or more. 18.Comparative balances Certain comparative balances have been reclassified to conform with the current year's financial statement presentation. 19.Segmented information Segmented information is presented on Schedule 2. The Town is a diversified municipality and provides a wide range of services to its citizens including police, fire, transportation and community services, including recreation and planning. The general government segment includes such functions as finance and information services, council and administrative offices. 81 -15- Schedule 1 TOWN OF TILLSONBURG CONSOLIDATED SCHEDULE OF TANGIBLE CAPITAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2017 Buildings Furniture and Computer Transportation Roads and Communication Other 2017 2016 Land and Fixtures Equipment Hardware Equipment Bridges Equipment Equipment Total Total COST Balance, beginning of year $1,266,961 $22,221,339 $125,004 $1,093,111 $6,148,379 $57,327,486 $1,627,226 $3,166,760 $92,976,266 $91,955,857 Add: Additions during the year -1,084,321 --1,136,986 2,264,201 80,385 90,834 4,656,727 2,124,996 Less: Disposals during the year ----(561,543)(1,370,424)-(120,079)(2,052,046)(1,104,587) Balance, end of year 1,266,961 23,305,660 125,004 1,093,111 6,723,822 58,221,263 1,707,611 3,137,515 95,580,947 92,976,266 ACCUMULATED AMORTIZATION Balance, beginning of year -8,132,314 98,458 899,155 4,013,092 24,735,860 373,734 2,558,930 40,811,543 38,776,933 Add: Amortization during the year -512,116 6,151 82,226 391,626 1,275,114 105,750 142,424 2,515,407 2,458,408 Less: Disposals during the year ----(561,543)(445,721)-(120,079)(1,127,343)(423,798) Balance, end of year -8,644,430 104,609 981,381 3,843,175 25,565,253 479,484 2,581,275 42,199,607 40,811,543 NET BOOK VALUE OF TANGIBLE CAPITAL ASSETS $1,266,961 $14,661,230 $20,395 $111,730 $2,880,647 $32,656,010 $1,228,127 $556,240 $53,381,340 $52,164,723 This schedule is provided for information purposes only. 82 -16- Schedule 2 TOWN OF TILLSONBURG CONSOLIDATED SCHEDULE OF SEGMENTED INFORMATION FOR THE YEAR ENDED DECEMBER 31, 2017 General Protective Recreation and Planning and Government Services Transportation Environmental Health Services Culture Development Total REVENUE Property taxation $13,935,658 $-$138,297 $-$-$-$119,741 $14,193,696 User charges 560,311 1,140,878 498,387 129,956 157,377 1,482,796 199,527 4,169,232 Government grants 275,573 80,752 82,039 119,956 -79,930 17,855 656,105 Investment income 234,821 ---4,636 -77 239,534 Penalties and interest on taxes 164,037 ------164,037 Donations 5,216 ----21,050 8,100 34,366 15,175,616 1,221,630 718,723 249,912 162,013 1,583,776 345,300 19,456,970 EXPENDITURES Salaries and benefits 2,105,541 1,645,135 1,618,679 102,179 121,004 2,508,616 333,165 8,434,319 Materials and supplies 767,197 237,349 892,587 117,802 48,805 1,039,056 26,559 3,129,355 Contracted expenditures 530,139 3,155,626 310,736 174,896 17,461 411,137 48,447 4,648,442 Other 588,546 57,730 138,966 61 2,584 457,284 162,383 1,407,554 Interfunctional transfers (1,904,527)255,744 349,550 139,391 79,690 203,350 (9,157)(885,959) Debt interest 39,207 1,237 162,775 --150,862 49,354 403,435 Amortization 605,686 71,552 1,311,021 8,692 3,881 429,249 85,326 2,515,407 2,731,789 5,424,373 4,784,314 543,021 273,425 5,199,554 696,077 19,652,553 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)12,443,827 (4,202,743)(4,065,591)(293,109)(111,412)(3,615,778)(350,777)(195,583) OTHER Gain (loss) on disposal 69,180 -(924,703)---295,225 (560,298) Equity in Tillsonburg Hydro 510,198 ------510,198 Government transfers related to capital --1,320,208 229,388 -274,871 -1,824,467 Donations and other revenue related to capital 54,996 -171,780 -8,000 196,171 -430,947 Developer contributions related to capital 17,706 -313,637 53,746 -108,258 -493,347 652,080 -880,922 283,134 8,000 579,300 295,225 2,698,661 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)$13,095,907 $(4,202,743)$(3,184,669)$(9,975)$(103,412)$(3,036,478)$(55,552)$2,503,078 This schedule is provided for information purposes only. 83 Report Title Council Compensation Review Recommendations Report No. CL 18-21 Author Donna Wilson, Town Clerk On behalf of the Council Compensation Review Advisory Committee – Ann Loker, John Lessif, Jami Stephenson Meeting Type Council Meeting Council Date June 14, 2018 Attachments 2-008 Council/Local Board Expense Policy & By-Law Council Compensation By-Law Page 1 / 6 CL 18-21 Council Remuneration Committee RECOMMENDATION THAT Council receives Report CL 18-21, Council Compensation Review Advisory Committee Recommendations; AND THAT a By-Law to authorize the Council/Local Board Expense policy be brought forward for Council consideration; AND THAT a By-Law to establish the rate of remuneration for members of Council be brought forward for Council consideration. BACKGROUND Council will recall that at the April 9, 2018 Council meeting, a Council Compensation Review Advisory Committee (CCRC) with public representation was created. The committee was to report back to Council with recommendations once the review has been completed. DISCUSSION The Council Compensation Review Advisory Committee (CCAC) was established with a mandate to review, develop and present a report and recommendation of Council Remuneration for the 2018-2022 term of Council. The committee is comprised of three members: Jami Stephenson, John Lessif and Ann Loker. The Manager of Human Resources and the Town Clerk provided staff support to the advisory committee. Council compensation has not been adjusted for at least the last three council terms dating back to 2006 with the exception of the cost of living (COLA) which was added in 2014. COLA was provided at the same rate as municipal employees. The Mayor position was adjusted in 2010 to attempt to bring the compensation more in line with the time commitment of the position. The CCRC recognized the importance of considering compensation as it relates to municipal public office in a manner that reflects the duties, responsibilities, skill, effort, authority and 84 Page 2 / 6 CAO decision making. The residents of Tillsonburg believe that the Mayor and Councillors bring value to the community and should be remunerated appropriately in accordance with Tillsonburg’s public profile of its elected officials. The philosophy is to base the compensation for the Mayor and Councillors on a realistic scale and should reflect the demanding nature and responsibilities of public office in order to attract capable candidates; however such compensation must also be reasonable to both members of council and to the citizens of Tillsonburg. The CCRC’s deliberations and resulting recommendations were undertaken with consideration of the following: • There is a need for greater accountability to address growing expectations of the community with respect to the Mayor and Councillors’ responsibilities and obligations throughout their term of office. • Council salaries should not be perceived as a barrier to those seeking to serve the public in the office of Mayor or Councillor. • The level of compensation should attract competent, motivated and well qualified community-minded citizens for the offices of Mayor and Councillor. • Remuneration must be transparent, fiscally responsible, and easily understood by the electorate. The committee met on four occasions over the months of April, May and June. Meetings focused on the selection of an appropriate comparator group of municipalities based on criteria to compare compensation data, population, a review of total benefits, and tax base. The review process was consistent with the Committee Terms of Reference and as part of the review process, the following documents, surveys and information were reviewed and discussed by the CCRC: • Town of Tillsonburg documents related to Council remuneration and benefits • Information concerning the roles and responsibilities of municipal councils • AMO 2017 Annual Council Remuneration Survey • Municipal Clerks survey of Ontario Councils • Council Remuneration Municipal Comparisons Chart The CCRC engaged administration to conduct research of comparator municipalities to assist them in making informed recommendations. The following municipalities were established by the CCRC as the appropriate comparator for the purposes of establishing compensation for elected officials: • Oxford County Municipalities • Town of Bracebridge 85 Page 3 / 6 CAO • Town of Leamington • Town of Collingwood • Town of Port Hope • Town of Cobourg • Thames Centre • Middlesex Centre The CCRC was updated by administration on changes in the 2017 Federal Budget that would affect current elected official’s expense allowance. Under the current federal tax legislation, one-third of a municipal councillor’s total remuneration can be excluded from income (tax free). Total remuneration consists of a council member’s remuneration, per diems, and general expense allowance. The Federal government in its Budget 2017 (March) contained a legislative change to eliminate this 1/3 tax exemption for elected officials effective in 2019. The justification for this 1/3 tax exemption for municipal elected officials was initially to cover out- of-pocket expenses that a councillor might pay to work with his or her constituents and office. This has long since been covered by expense accounts and the tax free portion was simply a part of their compensation package. The CCRC is recommending that the council’s compensation become whole and that the 1/3 portion they would normally receive as a tax break be added to their 2019 remuneration. Eliminating the one-third tax exempt status in 2019 and establishing the total compensation amounts starting at the beginning of the next council term would result in an annual financial impact of approximately $2,340 for the Mayor and $146 for each Councillor totalling $3,216 starting in 2019 due to those increased compensation amounts. The CCAC reviewed the comparator municipalities to determine first Mayor Compensation and second Councillor compensation. The role of the Mayor of Tillsonburg has evolved over time. The Mayor has all the responsibilities of the other members of Council as well as actively advocating for the Town of Tillsonburg at local, provincial, national and even international levels. There is an expectation from the public that there is more importance placed on the role of the Mayor, including visibility and public commitments. There is also a need to establish a system of remuneration which would appropriately reflect these job requirements while recognizing the loss of other income opportunities while serving as mayor. The work of the Mayor cannot be confined to a definable period of daily business, but is a seven- day-a-week commitment. Personal time, including vacations, can only be planned around this 86 Page 4 / 6 CAO commitment. The remuneration of Mayor is reflective of the time commitment and degree of responsibility for this position. A review was conducted using the comparator municipalities to determine what the salary level should be for the position of Mayor. The review indicated that no additional compensation, beyond the 1/3 tax exemption increase, be added to the Mayor’s salary. The position of councillor should continue to be considered part-time as it is estimated that Councillors spend approximately 20 hours per month on town business. Councillors’ responsibilities require members to prepare for and attend meetings and events in addition to keeping informed on current issues while maintaining contact with residents. It should be understood that Councillors in a small community have a high public profile and that they are often required to be engaged with constituents on a daily basis. The review of comparator municipalities determined that Tillsonburg Councillors have fallen behind the average remuneration rate. Based on the review, the recommended rate for the Councillor position in 2019 should be $16,500 plus the 1/3 tax exemption to be added to their salary. Beginning in 2019, the annual financial impact to the budget for remuneration would remain static for the Mayor position and would be increased by $3,789 for each Councillor position. The Mayor and Council Base Remuneration should continue to be adjusted effective January 1 of each year commencing in 2020 by the same market formula used in the annual adjustment for Town wages approved in the Financial Plan for all Town of Tillsonburg employees. It is recommended that no COLA should be provided in 2019 as adjustments for that year will already be made. The CCAC has drafted a recommended Council/Local Board Expense Policy that sets out expense compensation and benefits for the duly elected council and board members of the day. The policy attempts to strike a balance between the work that is required of a public official and the call to serve one’s community. The policy is provided for Council’s consideration. The Council/Local Board Expense Policy 2-008 states that members of Tillsonburg Town Council will be provided with fair and reasonable remuneration for performing the duties of the office and reimbursement for the expenses that they incur in fulfilling their responsibilities. The recommended policy sets out perimeters for claiming expenses. There are no per diem expenses proposed for attending conferences, workshops, seminars or meetings outside of the town boundaries. There is however a meal expense allowance for those events outside of the municipal boundaries which do not provide meals. A $95.00 meal expense represents the maximum that will be paid to each member and consists of a maximum of $20.00 for breakfast, $25.00 for lunch and $50.00 for dinner. All meal expenses must be accompanied by a receipt. 87 Page 5 / 6 CAO Members shall make every effort to use the most economical and efficient mode of transportation and the calculation for mileage for out of town destinations shall be $.52 per kilometer. Registration fees and associated costs for conferences, conventions, meetings and other events shall be covered by the Town. Ineligible Expenses for members include: a) Additional accommodation for days outside a formal Conference. b) Alcohol and alcoholic beverages. c) Mobile devices other than the Town provided device for Mayor and Acting Deputy Mayor. d) Provision for Internet Services outside Town provided work space. e) Companion registration fees and expenses at Conferences. f) Personal entertainment (e.g. sight-seeing, concerts, sporting events, etc.) g) Personal services (e.g. shoe shine, valet service, spa treatments, etc.) h) Personal vehicle costs beyond mileage (e.g. maintenance, repair, etc.) i) Traffic and parking fines The CCAC determined that there is a greater accountability to address growing expectation of the community with respect to member expenses and that expenses must be transparent, fiscally responsible and easily understood by the electorate. Therefore it is recommended that expenses shall not exceed twenty percent (20%) of the gross remuneration of a member. Any expenses that exceed that threshold must be approved by Council. This calculation would reflect the current practices of the Town as past expense reports indicate that council is within this threshold with the exception of international trips which would be brought to Council for approval of those expenditures. The current group extended health benefits plan and contribution rates provided for elected officials are currently paid by the Town in full for members of Council. Council Member Group Benefits include: • Life Insurance and Accidental Death and Dismemberment • Dental Care • Extended Health Care • Employment and Family Assistance Program (confidential counselling) The group plan benefits are not optional for members of Council, unless they are already covered through the benefit plan of a spouse. Using this benefit plan offers economies of scale because it is the same benefit plan provided to Town employees. It is a cost-effective method of providing health benefits to Council. 88 Page 6 / 6 CAO Following the analysis of comparator municipalities it was determined that approximately half of those municipalities offered extended health coverage plans to Councillors and a few of those required elected officials to pay for half of the coverage fee. The CCAC is recommending that the Mayor position, being that of a full time position, continue to receive benefits covered by the Town and that Councillors entitled to benefits pay 30% of the cost of those benefits. In the review of the comparator group some paid full, some required Councillors to pay 50% of the health benefit cost. The cost to Councillors at 30% for a family health and dental plan would be approximately $139 per month under the current plan. FINANCIAL IMPACT/FUNDING SOURCE The impact to the 2019 budget would be an increase of $25,950 The increase to the Mayor position is solely as a result of the change to the tax legislation in the amount of $2,340; and the total increase to each Councillor position of $3,935 is a combination of $146 as a result of the change to the tax legislation, and $3,789 based on comparator information. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are able to provide input into remuneration for Council in an open and transparent process. 89 THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL POLICY 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY APPROVAL DATE: REVISION DATE: Page 1 of 6 SCHEDULES Page 1 of 6 1. Policy Statement The Council/Local Board Expense Policy governs the reimbursement of expenses incurred by Members of Council and Members of Local Boards during activities related to the Business of the Town of Tillsonburg. Members Tillsonburg Town Council and Members of Local Boards will be provided with fair and reasonable expense reimbursement for performing the responsibilities and duties of their office. 2. Definitions “Council” means the council of the Town of Tillsonburg. "Local Board" shall mean one of the following boards and committees established by the Council:  Tillsonburg Police Services Board  Property Standards Appeal Committee "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg or Local Board. “Town” means The Corporation of the Town of Tillsonburg. 90 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 2 of 6 3. Purpose 3.1. The objective of this policy is to provide consistent rules and guidelines to Members with respect to Eligible Expenses incurred in performing their duties. 3.2. The policy provides specific and clear direction regarding diverse expenses, and clarifies what are Eligible Expenses and Ineligible Expenses. 3.3. The policy establishes the provision of public access to expense information of Members. 3.4. The policy captures the following principles: a) Maintain Integrity of Member i. The integrity of a Member as a whole and the offices of the Members must be protected; and ii. The interest of a Member as a whole takes precedence over the personal interest of individual Members. b) Maintain Accountability i. Members are the stewards of resources and are ultimately accountable to the public for the type and level of expenses they incur; ii. Since members use public funds when they perform their duties, the public expects public funds to be used solely for fulfillment of their public duties; iii. Members’ expenses should be reasonable and reflect what the public expects of members; and iv. Members’ personal expenses must be kept separate from expenses related to Town Business. c) Maintain Transparency i. The public has a right to know how public funds allocated to Members are spent; and ii. The public’s right to Members’ expense information must be balanced against the need to protect personal information, and the need to allow time for proper account and reconciliation of expenses. 4. Scope This policy applies to all Members and establishes the basis upon which the Members will be reimbursed or have payment coverage for Eligible Expenses 91 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 3 of 6 incurred while undertaking activities related to Town Business while acting in their role as a member. 5. Roles and Responsibilities 5.1 All expenses submitted for reimbursement must be accompanied by supporting documentation and itemized receipts, except for mileage. 5.2. Members may attend conferences, conventions, meetings and other events using allocated funds in the current budget for registration fees and Eligible Expenses. 5.3 Expenses shall not exceed twenty percent (20%) of the gross remuneration of a member. Any expenses that exceed that threshold must be approved by Council. 5.4. Transportation a) Members shall make every attempt to use the most economical and efficient mode of transportation including: i. economy airfare, rail fare including taxi fares to and from terminals or parking where required, or ii. mileage rate for personal automobile usage and parking, or iii. rented automobile and actual fuel cost. b) Members shall make efforts to share travel costs when travelling to the same destination. c) If a more expensive means of transportation is chosen by a member, only the most economical equivalent charges will be allowed. For example, if a Member chooses to drive to a destination where it is more economical to use air transportation, only the equivalent air transportation charge will be permitted. d) Calculation of Mileage will be for out of town destinations at the rate of $.52 per kilometer. 5.5. Accommodation a) Where overnight accommodation is required, the single room rate will be paid and must be accompanied by appropriate receipts. 92 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 4 of 6 5.6. Meals Allowance a) Members may claim up to the daily maximum meal allowance when attending a conference, convention, or other event when an overnight stay is required and receipts are provided. Daily Maximum Reimbursement Rate Breakfast $20.00/day Lunch $25.00/day Dinner $50.00/day b) Where meals are included in registration fees, the allowance is not applicable. c) All expenditures must be reasonable in the circumstances based on the explanation provided by the Member which must accompany the receipt. d) Members may be reimbursed for meal expenses incurred during the course of Town Business and shall include the following: i. Meals while travelling on behalf of the Town of Tillsonburg; or, ii. Meals required where circumstances warrant. 5.7 Monetary exchange costs will be allowed at the prevailing rates in order to convert Canadian dollars to other currencies (primarily to U.S. dollars). Payment will be made to Members in Canadian dollars. 5.8. Eligible Expenses The following is a list, though not exhaustive, of Eligible Expenses: a) Promotional material related to Town Business b) Subscriptions related to Town Business or the municipalities in general c) A maximum of one ticket for a Member when representing the Town at an event of a public nature (e.g. community dinners, events with proceeds going to charity, etc.). d) Parking related expenses save and except parking fines. 93 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 5 of 6 5.9 The following is a list, though not exhaustive, of Ineligible Expenses a) Additional accommodation for days outside a formal Conference. b) Alcohol and alcoholic beverages. c) Mobile devices other than the Town provided device for Mayor and Acting Deputy Mayor. d) Land Lines for personal residence. e) Provision for Internet Services outside Town provided work space. f) Companion registration fees and expenses at Conferences. g) Personal entertainment (e.g. sight-seeing, concerts, sporting events, etc.) h) Personal services (e.g. shoe shine, valet service, spa treatments, etc.) i) Personal vehicle costs beyond mileage (e.g. maintenance, repair, etc.) j) Traffic and parking fines 5.10 Legal Expenses a) Legal costs arising from or in any way related to complaints under the Code of Conduct are Eligible Expenses. b) Legal costs related to personal conflict of interest opinions are Ineligible Expenses. c) Costs involving certain legal proceedings against Members shall be reimbursed in accordance with the current indemnification policy and are subject to review by the Chief Administrative Officer for recommendation to Council. d) Requests for reimbursement of legal costs outside this policy or the indemnification policy shall be submitted to the Chief Administrative Officer for recommendation to Council. 5.11 Timelines a) Members shall submit expense reports with itemized receipts attached within 30 days after the each event; and b) Expense report information will be provided through a finance report each year prior to March 1st. 5.12 Members of Council Shall a) Adhere to this policy; b) Submit expenses on a regular monthly timeline; 94 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 6 of 6 c) Sign-off on all expenses submitted to or paid by the Town; d) Meet all financial, legal and tax obligations; and, e) Consult with Town Administrative staff for guidance with respect to the eligibility of an expense and/or any interpretation on the application of this policy. 5.13 Town Administrative Staff Shall a) Ensure consistent application of this policy; b) Process expenses in accordance with this policy; c) Ensure the supporting documentation is in place and that expenditures conform to this policy; d) Advise Members if any submitted or proposed expenditure is an Ineligible Expense or a breach of this policy; e) Track actual expenses against approved budget; and f) Each year, incorporate budget dollars in the annual budget for Council to consider for funding or reimbursing Members’ Eligible Expenses g) Complete the yearly Councillor Remuneration Report as required by the Municipal Act. 6. Policy Administration & Review This policy shall be administered by the Director of Finance or his/her designate. This policy shall be reviewed at least once during the four year term of Council to coincide with the review of Council remuneration or as required based on revisions to Corporate practices or Provincial legislation. 95 96 Report Title Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. Report No. CAO18-08 Author David Calder on behalf of the Tillsonburg Hydro Inc. Shareholder Governance Committee Meeting Type Council Meeting Council Date June 14, 2018 Attachments 1.Draft Revised Memorandum of Understanding and Direction 2. Red lined version of the Memorandum of Understanding and Direction 3. Original Memorandum of Understanding and Direction Page 1 / 3 RECOMMENDATION THAT Council receive report CAO 18-08 Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. for information. And that the Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg (Shareholder) and Tillsonburg Hydro Inc. be referred to the Annual General Meeting (June 26, 2018) for approval by the Shareholder. EXECUTIVE SUMMARY At the Tillsonburg Hydro Inc. Annual General Meeting of June 21, 2016, the Shareholder established a Tillsonburg Hydro Inc. Shareholder Governance Committee (the “Committee”) comprised of Councillor Hayes, Councillor Stephenson and Mayor Molnar, to review documentation relating the Tillsonburg Hydro Inc. (THI). The documentation for review by the Committee consisted of the Memorandum of Understanding and Direction (MOUD) between the Town of Tillsonburg (Shareholder) and THI, the Master Service Agreement (MSA) which is a provision of service agreement between the Town of Tillsonburg and Tillsonburg Hydro Inc., and the THI Corporate By-laws. The Committee determined that the Corporate By-laws were the purview of THI as a separate corporation so the Committee did not review or comment on the THI Corporate By-laws. The Committee focused on the MOUD and the Master Service Agreement. The MOUD is being presented to Council for review and referral to the THI Annual General Meeting for Shareholder approval. The MSA will come to Council at a later date as it has not been reviewed by the THI Board of Directors as the Board direction was to wait until the MSA is approved. Council has approval authority for the MSA as it is an agreement between the 97 Page 2 / 3 CAO Council of the Town of Tillsonburg and the Board of Directors of THI. Staff will be reporting to Council regarding the MSA at a later date. BACKGROUND As note, the Committee has been meeting to review documentation related to THI. Specifically, the focus has been on the MOUD. The Town Committee has also met on a number of occasions with a similar Committee established by the THI Board of Directors. The draft MOUD as attached to this report has been agreed upon by both Committees for recommendation to the corresponding governance bodies being Council (Shareholder) and the THI Board of Directors. The draft MOUD is being presented to Council for referral to the THI AGM for shareholder approval. As of the time of preparing this report, the final draft MOUD has not been before the THI Board of Directors for approval but it is anticipated to be considered by the Board prior to the AGM. The draft MOUD being presented to the Council (Shareholder) has a number of wording changes in order to provide clarity and for consistency of language and terminology. Substantive changes are as follows: 1. 3.0 Business Activities – added clause f) Maintain and appropriately enhance THI owned infrastructure. 2. 4.0 Board Composition – a) revised from a minimum of one member selected by the Town at large to one member selected by the Town at large. b) revised to a minimum of 4 (four) and a maximum of six (6) independent members in accordance with the skills matrix as recommended by the Board. 3. 6.0 Reporting – THI is required to provide the Town with an annual Business Plan and budget. 4. 8.0 Communications Protocol – enhanced reporting by the THI Chair to the Town to be semi-annually in addition to the AGM. 5. Schedule 1 – Dividend Policy – the dividend policy in accordance with Section 7.0 of the MOUD has been increased from $150,000 annually to $200,000 annually. A copy of the original MOUD, the redlined version of the MOUD and the final draft MOUD are attached for Council’s review. As noted, the changes are being recommended for approval by the Committee. In order to ensure due process, it is recommended that Council refer the final draft MOUD to the AGM for approval by the Shareholder. FINANCIAL IMPACT/FUNDING SOURCE Provided THI continues to be profitable, the Town as Shareholder would see the annual dividend increase from the current $150,000 to an annual dividend of $200,000 as provided for in the MOUD. 98 Page 3 / 3 CAO COMMUNITY STRATEGIC PLAN IMPACT In accordance with the Community Strategic Plan (CSP), the adoption of a new MOUD between the Town as Shareholder and the THI Inc. continues to demonstrate strong leadership in Town initiatives and demonstrates financial accountability and governance oversite. 99 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (“TOWN”) AND TILLSONBURG HYDRO INC. (“THI”) This Memorandum of Understanding and Direction (MOUD) is designed to identify individual and collective responsibilities that will ultimately provide for safe, reliable and financially responsible distribution of electrical energy to identified stakeholders. The purpose of this MOUD is to confirm the working partner relationship between the TOWN and THI (The PARTIES) that reinforces and enhances their joint commitment to maintain a vibrant Electrical Energy Utility to the benefit of the community they serve. Therefore this document shall set out the general expectations of the TOWN (as Sole Shareholder) and THI. The following guiding principles will direct the deliberations of the TOWN and THI in achieving that goal. It must be further understood that the TOWN is the Sole Shareholder of THI and that THI is a distinct and separate Corporation granted the benefits of operating under the regulations of the Ontario Business Corporations Act. The Board Shall; a) Govern and provides stewardship of the business and affairs of THI. In so doing, shall adhere to all appropriate legislation and regulations that impact the electrical distribution industry in the Province of Ontario b) Provide that the focus of safe, reliable and financially responsible distribution is adhered to c) Address any conflict of interest, act honestly and in good faith with a view to the best interests of THI and shall exercise the same degree of care, diligence and skill that a reasonably prudent person would exercise in similar circumstances d) Promote operational and strategic improvement projects that will enhance the profile of THI and the TOWN The Town Shall; a) Encourage and support the THI Board and staff in their endeavors b) Receive an annual return on its’ investment in the form of a cash Dividend, subject to the conditions set out in Section 7.0-- Dividend Policy THI may engage in any business activities as may be permitted by the Ontario Energy Board Act, 1998 (OEB Act) and the Electricity Act, 1998 (Electricity Act), and as authorized by the Board from time to time, including; a) Distributing electricity b) Business activities, the principal purpose of which is to use more effectively the assets of the distribution system of THI c) Generating electricity from renewable energy sources d) Conservation and Demand Management activities In carrying out these business activities THI shall be guided by the following; MEMORANDUM OF UNDERSTANDING AND DIRECTION 1.0 STATEMENT OF INTENT: 2.0 GUIDING PRINCIPLES (GOVERNANCE): 3.0 BUSINESS ACTIVITIES: 100 a) Compliance with all applicable laws and regulations. b) Operate in a manner that considers community values to the extent possible, Town practices and policies. c) Act in a safe and environmentally responsible manner d) Employ prudent business practices e) Have regard to the fact that the TOWN is a Municipal Corporation f) Maintain and appropriately enhance THI owned infrastructure The Board of Directors of THI (the BOARD); a) Shall be a number as permitted by current By-law(s) of THI b) Shall consist of; a. One member selected by the TOWN at large b. A minimum of 4 (four) and a maximum of six (6) independent members, in accordance with the skills matrix as recommended by the Board c) Shall meet the requirement as outlined by the Ontario Energy Board (OEB) through the Affiliate Relationships Code (ARC) d) The Chair of the Board shall be selected by Board members e) No member of the Board shall receive any remuneration or compensation, other than as expressly stated in applicable by- Law The Board shall seek the approval of the TOWN in respect to each of the following matters prior to the BOARD undertaking or causing to undertake, authorizing or approving any of the following matters with respect to THI: a) Any changes or amendments to the share structure of THI b) Any changes to the business activities of THI as identified in Section 3.0 c) Entering into any discussions or negotiations regarding a potential merger, amalgamation, divestiture or acquisition of THI or another corporation. THI is required to provide the TOWN with an annual Business Plan and Budget (the "Business Plan"). THI is to carry out its affairs and carry out its business operations in accordance with the Business Plan. THI will provide the TOWN with any revision, update or amendment of a material nature to the Business Plan. The Business Plan will take the format as adopted by the Board of THI but shall include the following; a) Comprehensive financial plan with significant operational projects b) Most recent Audited Financial Statements c) A statement of any material variances in the projected ability for THI to meet or continue to meet its strategic, financial or development goals, including any material variances from current Business Plan In addition to the presentation of the annual Business Plan and Budget, THI shall provide updated Financial reports, in a format as adopted by the Board, to the TOWN on a semi-annual basis. 4.0 BOARD COMPOSITION: 5.0 TOWN APPROVAL: 6.0 REPORTING: 101 Subject to the provisions herein, the Board of THI shall declare and issue an Annual Dividend to the TOWN as referenced in Section 2.0. The payment of the Dividend shall be subject to the following; a) No dividend shall be declared where to do so would significantly impact THI’s ability to satisfy any appropriate replacement or improvement of assets of THI b) No Dividend shall be declared if the Board can demonstrate to the TOWN that; a. After any expected payment, THI would be unable to meet its financial commitments and pay its liabilities when due b. The realizable value of THI’s assets would be less than the aggregate of its liabilities and its stated capital of all classes With concurrence of the THI Board and the TOWN, the Annual Dividend Policy shall be established as in accordance with Schedule 1 (attached), subject to the conditions in 7.0, and confirmed at the Board’s November board meeting, or before December 31. The approval and the declaration of the actual Annual Dividend shall take place at the conclusion of the annual audit of THI. A Special Dividend may be considered and approved at the discretion of the Board; a) After the review of Annual Financial Statements, and b) Consultation with the Town of Tillsonburg Positive and effective communication is a cornerstone of relationship building and ultimately enhances the long-term working relationship of the TOWN and THI. In supporting the spirit of this Agreement, the communication protocol between the parties shall be identified as follows; a) As to specifically identified services or general information exchange, in writing on Corporate letterhead directed to; i. To TOWN - Clerk copied to CAO ii. To THI – Secretary copied to Chair and Vice-Chair b) Best efforts are expected to be used to identify and acknowledge when any issue of communication will be considered and responded to c) The Chair of THI will deliver at a minimum, and not counting the Annual General meeting, a semi-annual status reports to the TOWN (Shareholder) This document shall be reviewed at least once every two years and may be revised from time to time as circumstances may require. A review of the MOUD can be initiated by either party subject to appropriate communication and consultation. Date: ______________________ Acknowledged and Agreed to as of the date above CORPORATION OF THE TOWN OF TILLSONBURG TILLSONBURG HYDRO INC. Mayor Chair_______________ 7.0 DIVIDEND POLICY: 8.0 COMMUNICATIONS PROTOCOL: 9.0 REVISIONS: 102 SCHEDULE 1: DIVIDEND POLICY (Section 7.0) With this Agreement (MOUD) the Annual Dividend Policy, subject to the terms and conditions of Section 7.0, shall be as follows; a) $200,000 per year 103 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (“TOWN”) AND TILLSONBURG HYDRO INC. (“THI”) This Memorandum of Understanding and Direction (MOUD) is designed to identify individual and collective responsibilities that will ultimately provide for safe, reliable and financially responsible distribution of electrical energy to identified stakeholders. The purpose of this MOUD is to confirm the working partner relationship between the TOWN and THI (The PARTIES) that reinforces and enhances their joint commitment to maintain a vibrant Electrical Energy Utility to the benefit of the community they serve. Therefore this document shall set out the general expectations of the TOWN (as Sole Shareholder) and THI. The following guiding principles will direct the deliberations of the TOWN and THI in achieving that goal. It must be further understood that the TOWN is the Sole Shareholder of THI and that THI is a distinct and separate Corporation granted the benefits of operating under the regulations of the Ontario Business Corporations Act. The Board Shall; a) Govern and provides stewardship of the business and affairs of THI. In so doing, shall adhere to all appropriate legislation and regulations that impact the electrical distribution industry in the Province of Ontario b) Provide the focus of safe, reliable and financially responsible distribution is adhered to c) Address any conflict of interest, act honestly and in good faith with a view to the best interests of THI and shall exercise the same degree of care, diligence and skill that a reasonably prudent person would exercise in similar circumstances d) Promote operational and strategic improvement projects that will enhance the profile of THI and the TOWN e) The Town Shall; a) Encourage and support the THI Board and staff in their endeavors b) Receive an annual return on its’ investment in the form of a cash Dividend, subject to the conditions set out in Section 7.0-- Dividend Policy THI may engage in any business activities as may be permitted by the Ontario Energy Board Act, 1998 (OEB Act) and the Electricity Act, 1998 (Electricity Act), and as authorized by the Board from time to time, including; a) Distributing electricity b) Business activities, the principal purpose of which is to use more effectively the assets of the distribution system of THI c) Generating electricity from renewable energy sources MEMORANDUM OF UNDERSTANDING AND DIRECTION 1.0 STATEMENT OF INTENT: 2.0 GUIDING PRINCIPLES (GOVERNANCE): 3.0 BUSINESS ACTIVITIES: 104 d) Conservation and Demand Management activities In carrying out these business activities THI shall be guided by the following; a) Compliance with all applicable laws and regulations. b) Operate in a manner that considers community values to the extent possible, Town practices and policies. c) Act in a safe and environmentally responsible manner d) Employ prudent business practices e) Have regard to the fact that the TOWN is a Municipal Corporation f) Maintain and appropriately enhance THI owned infrastructure g) The Board of Directors of THI (the BOARD); a) Shall be a number as permitted by current By-law(s) of THI b) Shall consist of; a. One member selected by the TOWN at large b. A minimum of 4 (four) and a maximum of six (6) independent members, in accordance with the skills matrix as recommended by the Board c) Shall meet the requirement as outlined by the Ontario Energy Board (OEB) through the Affiliate Relationships Code (ARC) d) The Chair of the Board shall be selected by Board members e) No member of the Board shall receive any remuneration or compensation, other than as expressly stated in applicable by- Law f) The Board shall seek the approval of the TOWN in respect to each of the following matters prior to the BOARD undertaking or causing to undertake, authorizing or approving any of the following matters with respect to THI: a) Any changes or amendments to the share structure of THI b) Any changes to the business activities of THI as identified in Section 3.0 c) Entering into any discussions or negotiations regarding a potential merger, amalgamation, divestiture or acquisition of THI or another corporation. d) THI is required to provide the TOWN with an annual Business Plan and Budget (the "Business Plan"). THI is to carry out its affairs and carry out its business operations in accordance with the Business Plan. THI will provide the TOWN with any revision, update or amendment of a material nature to the Business Plan. The Business Plan will take the format as adopted by the Board of THI but shall include the following; a) Comprehensive financial plan with significant operational projects b) Most recent Audited Financial Statements c) A statement of any material variances in the projected ability for THI to meet or continue to meet its strategic, financial or development goals, including any material variances from current Business Plan 4.0 BOARD COMPOSITION: 5.0 TOWN APPROVAL: 6.0 REPORTING: 105 In addition to the presentation of the annual Business Plan and Budget, THI shall provide updated Financial reports, in a format as adopted by the Board, to the TOWN on a semi-annual basis. Subject to the provisions herein, the Board of THI shall declare and issue an Annual Dividend to the TOWN as referenced in Section 2.0. The payment of the Dividend shall be subject to the following; a) No dividend shall be declared where to do so would substantially significantly impact THI’s ability to satisfy any appropriate replacement or improvement of assets of THI b) No Dividend shall be declared if the Board can demonstrate to the TOWN that; a. After any expected payment, THI would be unable to meet its financial commitments and pay its liabilities when due b. The realizable value of THI’s assets would be less than the aggregate of its liabilities and its stated capital of all classes With concurrence of the THI Board and the TOWN, the Annual Dividend Policy shall be established as in accordance with Schedule 1 (attached), subject to the conditions in 7.0, and confirmed at the Board’s November board meeting, or before December 31. The approval and the declaration of the actual Annual Dividend shall take place at the conclusion of the annual audit of THI A Special Dividend may be considered and approved at the discretion of the Board; a) After the review of Annual Financial Statements, and b) Consultation with the Town of Tillsonburg Positive and effective communication is a cornerstone of relationship building and ultimately enhances the long-term working relationship of the TOWN and THI. In supporting the spirit of this Agreement, the communication protocol between the parties shall be identified as follows; a) As to specifically identified services or general information exchange, in writing on Corporate letterhead directed to; i. To TOWN - Clerk copied to CAO ii. To THI – Secretary copied to Chair and Vice-Chair b) Best efforts are expected to be used to identify and acknowledge when any issue of communication will be considered and responded to c) The Chair of THI will deliver at a minimum, and not counting the Annual General meeting, a semi-annual status reports to the TOWN (Shareholder) d) This document shall be reviewed at least once every two years and may be revised from time to time as circumstances may require. A review of the MOUD can be initiated by either party subject to appropriate communication and consultation. Date: ______________________ Acknowledged and Agreed to as of the date above 7.0 DIVIDEND POLICY: 8.0 COMMUNICATIONS PROTOCOL: 9.0 REVISIONS: 106 CORPORATION OF THE TOWN OF TILLSONBURG TILLSONBURG HYDRO INC. Mayor Chair_______________ 107 SCHEDULE 1: DIVIDEND POLICY (Section 7.0) With this Agreement (MOUD) the Annual Dividend Policy, subject to the terms and conditions of Section 7.0, shall be as follows; a) $150,000 per year b) Additionally-50% of Net Earnings (After original Dividend paid) 108 109 110 111 Report Title RFP 2018-01 Town Transit System – Evaluation Committee Report No. CAO18-09 Author David Calder Meeting Type Council Meeting Council Date June 14, 2018 Attachments Page 1 / 2 RECOMMENDATION THAT Council receive report CAO 18-09 RFP 2018-01Town Transit System – Evaluation Committee for information. And that the Community Transportation Pilot Program Committee be the Evaluation Committee for the purpose of reviewing the Town Transit System Request for Proposal (RFP) submissions and to provide a recommendation to Council as to the successful bidder. EXECUTIVE SUMMARY RFP 2018-01 Town Transit System closed on June 1, 2018. The Town has received 4 compliant bids out of a total of 4 submissions. The purpose of this report is to request Council to task the Community Transportation Pilot Program Committee to be the Evaluation Committee in compliance with the RFP document. BACKGROUND RFP 2018-01 Town Transit System stipulated that all compliant bids would be reviewed by an Evaluation Committee. The following is an extract from the RFP document. “EVALUATION COMMITTEE An Evaluation Committee will evaluate each of the RFP’s received in accordance with the evaluation criteria as set out below using a consensus. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Bidder, and to waive irregularities and omissions if, in doing so, the best interest of the Town will be served. The Town reserves the right to interview the top scoring Bidders that submits a Proposal to provide the evaluation team with additional insight into the Bidders ability to meet the requirements as requested in the RFP. The interviews, if conducted, would be performed by the Evaluation Committee prior to RFP award. 112 Page 2 / 2 CAO The Town also reserves the right to contact references provided by the Bidder and include this information within the total score of the Operational Assessment & References component. Each Proposal shall demonstrate a thorough understanding of the Specifications. The Bidder with the highest total score will be recommended to be selected as the successful Bidder. By responding to this RFP, Bidders agree to accept the recommendations of the Evaluation Committee. Town may contact proponents to interview to determine ability to provide an appropriate and satisfactory transit service Each response to this RFP will be evaluated by the Town to determine the degree to which it responds to the requirements as described. Because this is a RFP, other factors in addition to price will be considered when submissions are evaluated. Factors to be considered include, but are not limited to: • Completeness of Submission • Experience of the proponent and evaluation of similar transit system • Interview of proponents to determine ability to provide an appropriate and satisfactory transit service” Staff is recommending the Community Transportation Pilot Program Committee be the Evaluation Committee for the RFP bid submissions. The Committee members have knowledge of the progression of transit within the Town of Tillsonburg. The Committee has previously discussed providing this role and is agreeable to acting as the Evaluation Committee. FINANCIAL IMPACT/FUNDING SOURCE The Evaluation Committee will review the financial impact based on the costing as contained in the RFP submissions received. Obviously, price is not the only criteria to be reviewed as there are other items such as service levels, provision of rolling stock, experience, etc, that must be evaluated. A report will come back to Council upon the completion of the Evaluation Committee’s bid evaluations. COMMUNITY STRATEGIC PLAN IMPACT In accordance with the Community Strategic Plan (CSP), under the focus of Culture and Community, the Plan identifies exploring viability of alternative transportation options and the implementation and marketing of a transportation program. 113 Report Title Building By-Law Deposit Report No. DCS 18-24 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date JUNE 14, 2018 Attachments N/A Page 1 / 2 DSC 18-24 Building By-Law Deposit RECOMMENDATION THAT Council receives Report DSC 18-24 Building By-Law Deposit as information; AND THAT the building deposit referenced in Section 9.14 of Building By-Law 4079 be amended from one year to two years be brought forward for Council consideration. EXECUTIVE SUMMARY Building By-Law 4079 was adopted on February 13, 2017. Section 9.14 of the By-Law makes reference to permit deposit requirements as follows: 19.14 A refundable security deposit will be paid to the Town to assure total completion of work required under the permit taken. The amount will be based on one (1) percent of the permit value to a maximum of one thousand dollars. The deposit will be held without interest until final inspection and the permit is closed. The deposit will be returned in full, less the required inspection fees if applicable. If an extension is not requested in writing and granted then the deposit will be forfeited at the end of a one year period after issuing the permit. Since the review and development of the current By-Law, development activities have increased significantly and have continued to be persistent. This increase in activity has placed a strain on builders and subcontractors involved in the construction process resulting in extended construction schedules. As a result, builders and developers are having difficulty in closing permits within the one year time frame currently noted in Section 9.14 of the by-law and are frequently requesting extensions. These regular extension requests are creating additional inefficiencies in administration for not only builders and developers, but staff. Builders and developers were consulted and it was confirmed that this timeline should be extended approximately six months. In further review with staff it was determined that an additional twelve months would be more efficient for tracking purposes. 114 Page 2 / 2 CAO In order to continue and maintain effective customer service for the development industry it is therefore recommended that the deposit forfeiture noted in Section19.14 of Building By-Law 4079 be extended from one year to two years from permit issuance as follows: 19.14 A refundable security deposit will be paid to the Town to assure total completion of work required under the permit taken. The amount will be based on one (1) percent of the permit value to a maximum of one thousand dollars. The deposit will be held without interest until final inspection and the permit is closed. The deposit will be returned in full, less the required inspection fees if applicable. If an extension is not requested in writing and granted then the deposit will be forfeited at the end of a two year period after issuing the permit. BACKGROUND N/A CONSULTATION/COMMUNICATION Staff consulted with builders and developers. FINANCIAL IMPACT/FUNDING SOURCE No financial impact COMMUNITY STRATEGIC PLAN (CSP) IMPACT Objective 1 – Excellence in Local Government - Demonstrates strong leadership and accountability in Town initiatives. 115 Report Title 2017 DRAFT FINANCIAL STATEMENTS Report No. FIN 18-17 Author SHEENA HINKLEY, CPA, CGA Meeting Type Council Meeting Council Date JUNE 14, 2018 Attachments DRAFT FINANCIAL STATEMENTS Page 1 / 1 FIN 18-17 - 2017 Draft Financial Statements RECOMMENDATION THAT Council receives report FIN18-16 2017 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2017 be approved. EXECUTIVE SUMMARY To provide Council with the 2017 Draft Financial Statements and the 2017 Independence and Management Letters. BACKGROUND The Auditor, Christene Scrimgeour, will be presenting the 2017 Draft Financial Statements and the 2017 Independence Letter to Council. 116 Report Title Quarter Town Line Traffic Safety Initiatives Report No. OPS 18-15 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date June 14, 2018 Attachments • Amending By-Law 4201 • Letters of Support • Pedestrian Crossover Pamphlet Page 1 / 6 RECOMMENDATION THAT Council receive Report OPS 18-15 Quarter Town Line Traffic Safety Initiatives; AND THAT Council adopt By-Law 4201 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. BACKGROUND At the November 27, 2017 Council meeting, through report OPS 17-32, the traffic consultant presented the Quarter Town Line (QTL) Corridor Management Study findings and recommendations. A number of site-specific remedial actions were recommended for implementation in a phased approach of which included Pedestrian Crossovers and Flashing 40km/hr School Zones. SUMMARY Pedestrian Crossovers Legislative changes to the Ontario Highway Traffic Act, (HTA) effective January 1, 2016 permits municipalities to install Pedestrian Crossovers (PxO) to provide pedestrians the right-of-way over motor vehicles at designated locations and are identified by specific pavement markings and crossing signs. PxO’s have poles with flashing beacons above the signs, pedestrian push buttons and tactile plate ramps that meet AODA requirements. Pedestrians have the right-of-way at Pedestrian Crossovers. Drivers and cyclists must stop behind the yield line and wait until the pedestrian completely crosses the road before proceeding. The associated laws under the HTA are in effect at all times and all road users must obey PxO rules. To increase the level of safety of vulnerable road users along QTL, it is recommended that PxO Level 2 Type C crossings be installed at the following locations: • North leg of South Ridge Road and QTL • South leg of Glendale Drive and QTL • South leg of Westfield school exit roadway (south of Dereham Drive) and QTL • Midblock location where Veteran’s Memorial Walkway intersects with QTL 117 Page 2 / 6 Figure 1 shows the proposed locations. As a result, staff have identified the need to amend the current Traffic By-law and recommend the following: 1. Delete existing definition: “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations. 2. Add revised definition: “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations pursuant to the Highway Traffic Act, as amended. 3. Add the following locations to Schedule 16 - “PEDESTRIAN CROSSOVERS”: COLUMN 1 HIGHWAY COLUMN 2 LOCATION Quarter Town Line At the Intersection with Glendale Drive Quarter Town Line At the intersection with South Ridge Road Quarter Town Line 106 m South of Dereham Drive Quarter Town Line At the East leg of Veteran’s Walkway Flashing 40 km/h School Zones Section 128 of the Ontario Highway Traffic Act states that Council of a municipality may by by- law designate a portion of a highway under its jurisdiction that adjoins the entrance to or exit from a school and that is within 150m along the highway in either direction beyond the limits of the land used for the purposes of the school, and for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is lower than the rate of speed of 50km/h and prescribe the time or times at which the speed limit is effective. There are three elementary schools along QTL that are located within existing 40km/h speed limits; Monsignor J.H. O’Neil Catholic School, South Ridge Public School and Westfield Public School. The QTL Corridor Management Study recommended improvements of the existing warning signs installed within the three school areas in order to better convey a consistent message to motorists that the speed reductions are due to the presence of schools and that motorists are entering an area with an increased risk of conflicts with pedestrians. These improvements will involve replacing the existing school area signs by ‘SCHOOL ZONE MAXIMUM SPEED WHEN FLASHING’ signs (RB-6A) along the frontages of the three elementary school areas and will be programmed to flash during the school arrival, mid-day nutritional break, and dismissal times which also coincides with crossing guards schedules. The 118 Page 3 / 6 recommended dates and times for each school when the flashing 40km/h school zone is activated are included in the revised Schedule noted below. By removing the three existing 40km/h zones and establishing new Flashing 40km/h School Zones, the default speed limit along the entire length of QTL (Baldwin Street to Broadway/Highway 19) would revert back to 50km/h, as per Section 128 of the Ontario Highway Traffic Act. In addition, the existing ‘No Parking’ limits along QTL and within the vicinity of Westfield Public School along Dereham Drive will also require adjustments due to these new flashing school zones. Areas designated as ‘No Stopping’ near school zones are installed for the safety of all children and parents. Figure 1 shows the proposed Flashing 40km/h School Zones. As a result of these recommendations, staff have identified the need to amend the current Traffic By-law and propose the following: 1. Delete a portion of Schedule 17(b) - “LOWER SPEED LIMITS” COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 119m North of Langrell Avenue 216 m South of Highway #19 40 km/hr Quarter Town Line 363m North of Brock St. West Beech Street 40 km/hr Quarter Town Line 150 m North of Dereham Drive 150 m South of Sanders Crescent 40 km/hr 2. Add new 40km/h When Flashing locations of Schedule 17 (b) – “LOWER SPEED LIMITS” COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 6m North of Fairway Hills Blvd 104m North of Glendale Drive 40 km/hr September 1 – June 30 – When Flashing 8:00 a.m. - 8:45 a.m., 11:30 a.m. - 12:30 p.m., 2:45 p.m. - 3:30 p.m. Quarter Town Line 110m North of Langrell Avenue 150m North of North Town Limits 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m. - 2:00 p.m., 3:15 p.m. - 4:00 p.m. Quarter Town Line 60m South of Sanders Crescent 150m North of Dereham Drive 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m. - 2:00 p.m., 3:15 p.m. - 4:00 p.m. 119 Page 4 / 6 3. Delete a portion of Schedule 1 – “NO STOPPING” HIGHWAY SIDE FROM TO TIME OF DAY Quarter Town Line West 15 m south of Esseltine Drive 115 m North of Esseltine Drive Sept 1-Jun 30 Mon – Fri 8am – 9 am 3pm – 4pm Quarter Town Line East 30 m south of Esseltine Drive 15 m North of Esseltine Drive Sept 1-Jun 30 Mon – Fri 8am – 9 am 3pm – 4pm 4. Add revised Schedule 1 – “NO STOPPING” HIGHWAY SIDE FROM TO TIME OF DAY Quarter Town Line West Dereham Drive Esseltine Drive Sept 1-Jun 30 Mon – Fri 8am – 9 am 3pm – 4pm Quarter Town Line East Sanders Crescent Dereham Drive Sept 1-Jun 30 Mon – Fri 8am – 9 am 3pm – 4pm CONSULTATION/COMMUNICATION In accordance with Strategy 2 – Inform (specific) of the Town’s Public Engagement Policy, a notice was placed in the Tillsonburg News and posted on the Town’s website for the duration of the 14-day comment period which ended on June 8th. All comments received from the general public support the proposed by-law amendments. Staff have developed a dedicated web-page (www.tillsonburg.ca/crossovers) and an Infographic-style pamphlet that will be distributed to the three elementary schools along QTL at the end of this school year with the students report cards. In addition the Infographic pamphlet will also be distributed to each student body during the ‘Back to School’ week this upcoming September. Operations staff have also met with the principals of the three elementary schools along QTL and each school has provided a Letter of Support (attached). Township of South West Oxford Works Department staff have indicated that they support the proposed recommended changes (50km/h default speed limit and Flashing 40km/h School Zone) to the section of QTL that is under the jurisdiction of the Township. An amendment to the Township’s traffic by-law will also be required. The implementation of Pedestrian Crossovers and the Flashing 40km/h School Zones are not intended to reduce Crossing Guard staffing levels at any of the existing locations, but rather improve the overall safety of school children and pedestrians alike. 120 Page 5 / 6 FINANCIAL IMPACT/FUNDING SOURCE The cost to implement the four (4) Pedestrian Crossovers and associated Flashing 40km/h School Zone signage near the three elementary schools has been accommodated within the 2018 approved capital budget. COMMUNITY STRATEGIC PLAN (CSP) Implementation of Pedestrian Crossovers and Flashing 40km/h School Zones along Quarter Town Line supports Objective 1 – Excellence in Local Government of the Community Strategic Plan. 121 Page 6 / 6 122 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4201 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Section 1 to By-Law 3701, “Definitions ” be amended as follows: Delete “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations. Addition “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations pursuant to the Highway Traffic Act, as amended. 2. THAT Schedule 16 to By-Law 3701,” Pedestrian Crossovers” be amended by adding the pedestrians crossover as follows: PEDESTRIAN CROSSOVERS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Quarter Town Line At the Intersection with Glendale Drive Quarter Town Line At the intersection with South Ridge Road Quarter Town Line 106 m South of Dereham Drive Quarter Town Line At the East leg of Veteran’s Walkway 3. THAT Schedule 17(b) to By-Law 3701,Section 34 “Higher and Lower Speed Limits” be amended as follows: Delete SCHEDULE 17(b) LOWER SPEED LIMITS COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 119m North of Langrell Avenue 216 m South of Highway #19 40 km/hr Quarter Town Line 363m North of Brock St. West Beech Street 40 km/hr Quarter Town Line 150 m North of Dereham Drive 150 m South of Sanders Crescent 40 km/hr 123 Addition SCHEDULE 17(b) LOWER SPEED LIMITS COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 6 m North of Fairway Hills Blvd 104 m North of Glendale Drive 40 km/hr September 1 – June 30 – When Flashing 8:00 a.m. - 8:45 a.m., 11:30 a.m.- 12:30 p.m., 2:45 p.m. - 3:30 pm Quarter Town Line 110 m North of Langrell Avenue 150 m North of North Town Limits 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m.- 2:00 p.m., 3:15 p.m. - 4:00 pm Quarter Town Line 60 m South of Sanders Crescent 150 m North of Dereham Drive 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m.- 2:00 p.m., 3:15 p.m. - 4:00 pm 4. That Schedule 1 to Bylaw 3701 “No Stopping” be amended as follows: Delete SCHEDULE 1 NO STOPPING COLUMN1 HIGHWAY COLUMN 2 SIDE COLUMN 3 FROM COLUMN 4 TO COLUMN 5 TIME OF DAY Quarter Town Line West 15 m South of Esseltine Drive 115 m North of Esseltine Drive Sept 1-Jun 30 Mon – Fri 8 am – 9 am 3 pm – 4pm Quarter Town Line East 30 m South of Esseltine Drive 15 m North of Esseltine Drive Sept. 1-Jun 30 8 am-9 am 3 pm – 4pm Addition SCHEDULE 1 NO STOPPING COLUMN1 HIGHWAY COLUMN 2 SIDE COLUMN 3 FROM COLUMN 4 TO COLUMN 5 TIME OF DAY Quarter Town Line West 17 m North of Dereham Drive Esseltine Drive Sept 1-Jun 30 Mon – Fri 8 am – 9 am 3 pm – 4pm Quarter Town Line East Sanders Crescent 19 m North of Dereham Drive Sept. 1-Jun 30 8 am-9 am 3 pm – 4pm Dereham Drive North Quarter Town Line 17 m West of Quarter Town Line Anytime Dereham Drive South Quarter Town Line 20 m West of Quarter Town Line. Anytime Dereham Drive North Quarter Town Line 17 m East of Quarter Town Line Anytime Dereham Drive South Quarter Town Line 22 m East of Quarter Town Line Anytime 124 Read a first and second time this ______ day of____________, 2018. Read a third time, passed, signed, sealed and numbered 4201 this _____day of __________ 2018 ________________________________ Mayor Stephen Molnar _______________________________ Town Clerk – Donna Wilson 125 126 127 128 Pedestrians have the right of way! A pedestrian crossover is a type of crossing where by law, drivers are required to stop for pedestrians intending to cross the road. How can you recognize a pedestrian crossover? • All are marked by signs and pavement markings • Some also have pedestrian-activated flashing lights How can you help keep our crossovers safe? Watch for pedestrian crossovers at several locations throughout Tillsonburg: • As a driver, be prepared to stop for pedestrians • As a pedestrian or cyclist, follow the guidelines for a safe crossing PEDESTRIANCROSSOVERS www.tillsonburg.ca/crossovers129 www.tillsonburg.ca/crossovers Stay Safe at Pedestrian Crossovers Pedestrians • Push button for flashing lights, if applicable • Indicate intention to cross • Wait for traffic to stop • Make eye contact to ensure the driver sees you Cyclists • When riding with traffic, follow rules for drivers • When crossing, follow rules for pedestrians; dismount and walk your bike across Drivers • Be prepared to stop for pedestrians • Stop behind the yield line • Make eye contact to ensure the pedestrian sees you • Wait until pedestrian completely crosses road before proceeding • Do not pass another stopped vehicle • Drivers will be fined $150 to $500 and 3 demerit points for offences at pedestrian crossovers 130 Report Title Draft Winter Maintenance Level of Service Policy Report No. OPS 18-16 Author Dan Locke C.E.T, Manager of Public Works Meeting Type Council Meeting Council Date June 14, 2018 Attachments • DRAFT Winter Maintenance Level of Service Policy • Minimum Maintenance Standards, as amended Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 18-16 Draft Winter Maintenance Level of Service Policy; AND THAT Council approves in principle the Draft Winter Maintenance Level of Service Policy subject to Public Consultation. BACKGROUND Further to report OPS 18-10 Comprehensive Sidewalk Review supported by Council at the April 23, 2018 meeting an amendment (O.Reg. 366/18) to the Minimum Maintenance Standards for Municipal Highways O.Reg. 239/02 (MMS) has recently been released. Staff have incorporated the Comprehensive Sidewalk Review findings and the amended MMS into the Draft Winter Maintenance Level of Service Policy for Council consideration. SUMMARY The level of service described in the attached Draft Winter Maintenance Level of Service Policy satisfies the Towns legislative responsibility to maintain roadways, bicycle lanes, sidewalks and municipal parking lots at acceptable levels during the winter season in accordance with the recently amended MMS and Comprehensive Sidewalk Review findings. The changes made to the MMS are highlighted in red text in the attached. The most notable as it relates to winter maintenance include: • removal of the word “minimum” throughout the standard except in the title, • the ability for municipalities to declare a “significant weather event” with implications for winter maintenance on roadways, bicycle lanes and sidewalks during the duration of the event, • more stringent timeframes to prevent the formation of ice on roadways • the introduction of bicycle lane classification and associated winter maintenance standards, • the introduction of winter maintenance standards (snow and ice control), including patrol obligations for sidewalks. The adoption of a Winter Maintenance Level of Service Policy will better position the Town in mitigating potential litigation of clams associated with winter conditions on roadways, bicycle lanes, sidewalks and Downtown municipal parking lots. 131 Page 2 / 2 CONSULTATION/COMMUNICATION In accordance with Strategy 3 – Involve, Consult, Collaborate of the Town’s Public Engagement Policy a notice of the Draft Winter Maintenance Level of Service Policy will be posted on the Towns website and in the local paper for a 30 day comment period. A Public Information Centre will also be hosted by the Operations Department during the same time period to gain an understanding of the needs and expectations of the community. The feedback received will allow staff to finalize the Policy that will provide residents with reasonable winter maintenance services that also satisfies legislative requirements for Council consideration and final approval at a later date. In addition the following documents were also considered during the development of the Draft Policy: • Minimum Maintenance Standards for Municipal Highways O.Reg. 239/02 • A Guideline for Developing a Level of Service Policy, OGRA • Minimum Maintenance Standards: Regulation 366/18 Amendment Training FINANCIAL IMPACT/FUNDING SOURCE The implementation of a Winter Maintenance Level of Service Policy as a result of changes to the MMS and the comprehensive sidewalk review are not anticipated to have an effect on the Winter Control budget. COMMUNITY STRATEGIC PLAN (CSP) The development and implementation of a Winter Maintenance Level of Service Policy supports Objective 1 – Excellence in Local Government of the Community Strategic Plan by demonstrating strong leadership and accountability. 132 THE CORPORATION OF THE TOWN OF TILLSONBURG DRAFT Winter Maintenance Level of Service Policy APPROVAL DATE: REVISION DATE: POLICY NO: Page 1 of 14 A. Policy Statement The Town of Tillsonburg will endeavour to provide safe, reliable, efficient, and environmentally responsible winter maintenance service within the Town of Tillsonburg in accordance with its approved level of service policies and accepted standards. This Policy sets out the level of service Council has adopted for winter maintenance of roadways, bicycle lanes, sidewalks, and municipal parking lots which it has determined to be an appropriate level of service. The policy recognizes that operational decisions will need to be made based on local conditions in the field depending upon the extent and severity of a winter storm event, and as a result, there may need to be some reasonable deviations from this Policy. At a minimum, the Town will adhere to the Minimum Maintenance Standards for Municipal Highways (MMS) as prescribed by the Ontario Ministry of Transportation under Regulation 239/02, as amended from time to time. All other regulatory requirements will also be met, including but not necessarily limited to those set out in the Occupational Health and Safety Act (OHSA) and the Highway Traffic Act (HTA). B. Purpose To designate responsibility for, and to establish service priority levels as it relates to winter control activities specifically snow clearing, ice control and snow removal operations for specified infrastructure within the Town of Tillsonburg boundaries. C. Responsibility The responsibility for ensuring snow clearing, ice control and snow removal from the Town's infrastructure of roadways, bicycle lanes, sidewalks, and municipal parking lots rests entirely with the Public Works Division. D. Scope This document is intended to provide a guideline for Council, Staff and the general public to educate and inform as to the level of service for the various winter maintenance activities and to define winter maintenance levels of service for roadways, bicycle lanes, sidewalks, and municipal parking lots. These levels of service include the following activities of plowing, salting/sanding, winter road patrol, weather monitoring, and snow removal. The amount of Town owned equipment and personnel to provide this level of service is funded through the Town’s tax base and may be reviewed annually through the budget process and/or may be amended by Council from time to time. The Town will endeavour to use all available Town resources to meet the level of service defined within this Policy subject to functioning equipment and staff availability due to illness or hours of work legislation. 133 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 2 of 14 E. Policy In this Policy the Town of Tillsonburg’s “Winter Maintenance Season” means the continuous period of time between the fifteenth (15th) day of November and the first (1st) day of April. The Town shall also attend to winter events that occur prior to November 15th and after April 1st until winter events have subsided at the end of each season. Town Council acknowledges that the level of service provided outside the Winter Maintenance Season will be at a lower level than during the Winter Maintenance Season, but that it shall meet the Common Law test of reasonableness. The Winter Maintenance Level of Service Policy is based on the assumption that not all infrastructure needs to be maintained at the same level of service, but depends on its role in the total transportation network and on other various services the Town provides, whether they be emergency or non-emergency. To simplify the determination of levels of service, the various infrastructure components have been designated to specific classes and priorities. These are fully explained within this Policy. By-Laws Applicable By-laws passed for the purposes of supporting snow and ice control efforts and other related By-laws which could be enforced during all out emergencies are listed below: • Snow, Ice, Dirt and Litter Removal Bylaw No.2189 • Traffic and Parking Bylaw No. 3701 On Street Parking Parking is prohibited on all streets during the months and times specified in the Traffic and Parking Bylaw. Property Damage During the course of operations throughout any given winter season, a certain amount of damage to Town and private property may be incurred by snow clearing forces. In the event that significant sod damage is sustained it will be restored by the Public Works Division using topsoil and seed at the earliest availability of material (usually May), conditional upon the severity and extent of sod damage and the prevailing weather conditions. Any sod damage sustained due to salt inadvertently splashed onto a boulevard or lawn during the course of the winter will not be treated or repaired by the Town. If a Town vehicle/plow damages a mailbox, either through direct contact or due to the force of the snow rolling off the plow, the mailbox will be repaired or replaced by Public Works personnel with a standard type mailbox as established by the Public Works Division. The Town will not replace decorative mailboxes. A property owner who installs decorative materials, retaining walls, irrigation sprinklers or other like structures on the Town right-of-way does so at their own risk. 134 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 3 of 14 Driveway Entrance Clearing It can be expected that snow will be plowed into driveways as a normal part of roadway and sidewalk snow clearing operations. Owners of properties which the driveways service will be responsible for removal of the snow deposited in those entrances by Town snow clearing operations. Under no circumstance are owners or their contractors allowed to deposit snow from driveways onto the travelling portion of the Town roadways as per the Highway Traffic Act. Assistance to Private Property Under no circumstances will a Town employee be allowed to use a Town owned vehicle to push, pull, or tow a stranded private vehicle from a roadway or parking lot. The employee may, if a hazard exists, use the two-way radio to notify the Customer Service Centre of the hazardous condition. Likewise, under no circumstances, will a Town employee use a Town owned vehicle to perform any snow removal or ice control operation on private or commercial property and the employee will not be allowed to use personal equipment during working hours. Weather Monitoring 1) During the Winter Maintenance Season the weather, both current and forecasted to occur in the next 24 hours, will be monitored by Public Works at the beginning of each eight (8) hour shift. Outside of the Winter Maintenance Season the weather, both current and forecasted to occur in the next 48 hours, will be monitored by Public Works once per weekday. 2) The Public Works Road Supervisor, Lead Hand, Alternate Lead Hand, or Designate performing the weather monitoring shall indicate if there is a substantial probability of snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, or in municipal parking lots prior to signing off. 3) In this Policy, “substantial probability” means a significant likelihood considerably in excess of 51 percent. “weather” means air temperature, wind, and precipitation. Declaration of a Significant Weather Event 1) If the Town declares a significant weather event relating to snow accumulation, ice formation, or icy conditions the Town will monitor the weather as outlined above and if deemed practicable by the Town, deploy resources to address snow accumulation and/or icy conditions on roadways, bicycle lanes, sidewalks and municipal parking lots starting from the time that the Town deems appropriate to do so. 2) Following the end of the weather hazard in respect of which a significant weather event that was declared by the Town, the Town shall declare the end of the significant weather event when the Town determines it is appropriate to do so and address snow accumulation, ice formation, or icy conditions on roadways, bicycle lanes, sidewalks, and municipal parking lots in accordance with the respective levels of service defined within this Policy. 135 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 4 of 14 3) If the Town declares the beginning of a significant weather event or declares the end of a significant weather event the Town shall issue a media release and post such notice on the Town website and on social media. 4) In this Policy, “significant weather event” means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within a municipality. “weather hazard” means the weather hazards determined by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program” Patrolling 1) During the Winter Maintenance Season the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand, or Designate will perform Winter Patrolling of representative roadways, bicycle lanes, sidewalks, and municipal parking lots at the beginning of each eight (8) hour shift if the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand, or Designate determines that there is a substantial probability of snow accumulation, ice formation or, icy conditions on roadways, bicycle lanes, sidewalks, or in municipal parking lots. 2) The patroller will document the respective conditions throughout the patrol including either an actual measurement or visual estimate of snow accumulation depth on the roadway, bicycle lane, sidewalk, or in the municipal parking lot the equipment deployed to address the snow accumulation, ice formation, or icy conditions on the roadway, bicycle lane, sidewalk, or in the municipal parking lot, and the time deployed. ROADWAYS CLASS DESIGNATION As per Ontario Regulation 239/02, Roadways have been divided into 6 Classes which determine the priority for patrolling, snow clearing and ice control. No roadway section will be classified at a lower classification than that specified in the Highway Classification Table in O. Reg. 239/02. Class 1 There are presently no Class 1 roadways within the Town of Tillsonburg. Class 2 Are roadways which carry large volumes of traffic to and through the Town. These roadways are identified as Provincial Highways in the Official Plan that make up the Connecting Link within the Town of Tillsonburg. Class 3 Are roadways which carry medium volumes of traffic through, and local traffic within the Town. These Class 3 roadways are identified as a combination of Arterial and Collector roads in the Official Plan. 136 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 5 of 14 Class 4 Are roadways which carry low volumes of local traffic to and from a specific address including any roadway that schools are located on, have main driveway entrance onto, or connect the street that the school fronts on to the closest arterial or collector roadway would automatically qualify for this classification. These Class 4 roadways are identified as Collector and Other roads in the Official Plan. Class 5 Are mainly local roadways that service residential, industrial or commercial addresses depending on the property zoning abutting them and are identified as Other roads in the Official Plan. Class 6 Are all remaining local roadways including many dead end stub and cul-de-sacs. These Class 6 roadways may service residential, industrial or commercial addresses depending upon the property zoning abutting them and are identified as Other roads in the Official Plan. LEVEL OF SERVICE Snow Accumulation on Roadways 1) (a) Public Works will deploy available Town resources to clear snow as soon as practicable after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in Table 1; and (b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in Table 1, Public Works will deploy available Town resources to clear the snow accumulation as soon as practicable in accordance with subsections (2) or (3), as the case may be, within the time set out in the Table 1. 2) The snow accumulation must be cleared from the roadway to within a distance of 0.6 metres inside the outer edges of the roadway. 3) Despite subsection (2) for a Class 4, Class 5 or Class 6 roadway with two lanes, the snow accumulation on the roadway must be cleared to a minimum lane width of 3 metres or a total width of at least 5 metres. 4) This section does not apply to that portion of the roadway designated for parking, consisting of a bicycle lane, or used for snow storage. 5) In this Policy, Addressing snow accumulation includes, but is not limited to plowing, salting, applying abrasive materials or other chemical agents, or any combination of the above methods. “snow accumulation” means the natural accumulation of new fallen snow or wind- blown snow or slush that, alone or together, covers more than half a lane width of a roadway. 137 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 6 of 14 Table 1 – Snow Accumulation on Roadways Class of Highway Depth Time 1 N/A N/A 2 5.0 cm 6 hours 3 8.0 cm 12 hours 4 8.0 cm 16 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Ice Formation on Roadways and Icy Roadways 1) If the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate as a result of weather monitoring and/or winter patrolling determine there is a substantial probability of ice forming on a roadway will deploy available Town resources, if practicable, to prevent ice formation within the time set out in Table 2, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate determines as the appropriate time to deploy available Town resources. 2) Despite compliance with subsection (1), ice forms on a roadway the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate will deploy available Town resources, to treat the icy roadway, if practicable, within the time set out in Table 3, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate becomes aware of the fact that the roadway is icy. 3) In this Policy, Treating a roadway, bicycle lane, sidewalk, or municipal parking lot means the application of material to the roadway, bicycle lane, sidewalk, or municipal parking lot, including but not limited to, salt, sand or any combination of salt and sand. “ice” means all kinds of ice, however formed. Table 2 – Ice Formation Prevention on Roadways Class of Highway Time 1 N/A 2 8 hours 3 16 hours 4 24 hours 5 24 hours 6 24 hours 138 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 7 of 14 Table 3 – Treatment of Icy Roadways Class of Highway Completion Time 1 N/A 2 4 hours 3 8 hours 4 12 hours 5 16 hours 6 24 hours End of Storm Pavement Surface Condition Public Works will attempt to restore the pavement surface to the condition set out in Table 4 following the end of a winter event. Table 4 – Surface Condition Class of Highway Condition 1 N/A 2 Bare Pavement 3 Bare Pavement 4 Centre Bare 5 Snow Pack 6 Snow Pack Note: Unless authorized by the Public Works Road Supervisor, Class 5 & 6 roadways will be plowed only for individual snowfalls greater than 5 cm, or when accumulated successive snowfall totals reach a 10 cm total. Exception to this total may occur if easily broken snow pack conditions result from a rise in temperature. Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways will be serviced first. Class 4 – Roadways will be serviced second. Class 5 – Roadways will be serviced third. Class 6 – Roadways will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority roadway classes may be delayed in an attempt to maintain the upper roadway classes at the required service levels for both snow accumulation and ice control. Therefore, Class 6 roadways would be delayed first, followed by Class 5, then Class 4, then Class 3. Class 2 roadways are to be kept open at all times. If this process requires implementation, then a single break through pass will be made through the delayed roadway classes once their maximum allowable roadway snow depth has been reached. 139 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 8 of 14 BICYCLE LANES CLASS DESIGNATION As per Ontario Regulation 239/02, Bicycle Lanes have been classified as the same class as the adjacent roadway or roadway which the bicycle lane is situated upon to determine the priority for snow clearing and ice control. In this Policy a “bicycle lane” means a portion of a roadway that has been designated by pavement markings or signage for the preferential or exclusive use of cyclists, or a portion of roadway that has been designated for the exclusive use of cyclists by signage and a physical or marked buffer. LEVEL OF SERVICE Snow Accumulation on Bicycle Lanes 1) Public Works will deploy available Town resources to clear snow as soon as practicable, after becoming aware of the fact that the snow accumulation on bicycle lanes is greater than the depth set out in Table 5. 2) After the snow accumulation has ended Public Works will deploy available Town resources to address the snow accumulation, as soon as practicable, so as to reduce the snow to a depth less than or equal to the depth set out in Table 5. 3) The snow accumulation on the bicycle lane must be cleared to a minimum width of one (1) metre or the actual bicycle lane width. Table 5 – Snow Accumulation on Bicycle Lanes Class of Highway or Adjacent Highway Depth Time 1 N/A N/A 2 5.0 cm 12 hours 3 8.0 cm 24 hours 4 8.0 cm 24 hours 5 10.0 cm 24 hours 6 15.0 cm 48 hours Ice Formation on Bicycle Lanes and Icy Bicycle Lanes 1) If the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate as a result of weather monitoring and/or winter patrolling determine there is a substantial probability of ice forming on a bicycle lane will deploy available Town resources, if practicable, to prevent ice formation within the time set out in Table 6, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate determines as the appropriate time to deploy available Town resources. 140 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 9 of 14 2) Despite compliance with subsection (1), ice forms on a bicycle lane the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate will deploy available Town resources, to treat the icy bicycle lane, if practicable, within the time set out in Table 6, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate becomes aware of the fact that the bicycle lane is icy. Table 6 – Ice Formation Prevention and Icy Bicycle Lanes Class of Highway or Adjacent Highway Ice Formation Prevention Time Icy Bicycle Lanes Time 1 N/A N/A 2 8 hours 4 hours 3 16 hours 8 hours 4 24 hours 12 hours 5 24 hours 16 hours 6 24 hours 24 hours End of Storm Bicycle Lane Surface Condition Public Works will attempt to restore the bicycle lane surface to the same condition as the adjacent roadway or roadway which the bicycle lane is situated upon. Priority for Servicing Class 1 – N/A Class 2 & 3 – Roadways with bicycle lanes will be serviced first. Class 4 – Roadways with bicycle lanes will be serviced second. Class 5 – Roadways with bicycle lanes will be serviced third. Class 6 – Roadways with bicycle lanes will be serviced fourth. For unusual or severe conditions, or when equipment breakdowns occur, lower priority classes may be delayed in an attempt to maintain the upper classes at the required service levels for both snow accumulation and ice control. SIDEWALKS CLASS DESIGNATION There are no class designation standards for sidewalks in the Minimum Maintenance Standards O.Reg. 239/02. The intention of this section of the policy is to fulfill the Town’s duty to provide a reasonable standard of care to prevent foreseeable harm to others. In this Policy, a “sidewalk” means hard surface paths within the part of the highway specifically set aside for pedestrian use, inter-block walkways, footbridges, staircases and hard surface pathways within Parks and Open Space, but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited. 141 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 10 of 14 Primary Class Sidewalks Primary Class Sidewalks are defined as sidewalks located within a Special Event area, when they are scheduled to occur, sidewalks along arterial or collector roadways that directly serve an Institution such as a school or hospital as well as common safe access routes to schools that connect crossing guard locations, sidewalks on bridges and steep hills along arterial and collector roadways, sidewalks along arterial or collector roadways that directly serve Commercial areas such as the Central Commercial District and Service Commercial, hard surfaced walkways and pathways identified as Primary in the Trails Master Plan, and sidewalks that service high density apartment and social housing complexes, including retirement centers. Secondary Class Sidewalks Secondary Class Sidewalks are defined as any remaining sidewalks located along arterial and collector roadways, sidewalks along roadways that transport pedestrians to and remaining hard surfaced walkways within Parks and Open Space, and sidewalks along local roadways. Where sidewalks exist on both sides of a local roadway only one side would be considered. The selection of which sidewalk would be considered would be determined on an individual basis to ensure a smooth sidewalk transportation network in accordance with the Official Plan. Other Sidewalks Other Sidewalks are defined as sidewalks along local roadways where no sidewalk precedes or follows, any walkway, sidewalk, staircase, or pathway along any roadway that terminates mid-block and does not provide a continuous connection to another component of the sidewalk network, and any sidewalk, walkway or pathway along or adjacent to a vertical drop, large body of water, or along a steep grade where public safety is a potential concern. LEVEL OF SERVICE Snow Accumulation on Sidewalks 1) After the snow accumulation has ended Public Works will deploy available Town resources to address the snow accumulation, as soon as practicable, so as to reduce the snow to a depth less than or equal to the depth set out in Table 7. 2) The snow accumulation on a sidewalk must be cleared to a minimum width of one (1) metre. 3) No sidewalk snow clearing will take place on any class sidewalk if the individual snowfall is less than 5.0 cm, unless authorized by the Public Works Roads Supervisor. Table 7 – Snow Accumulation on Sidewalks Class of Sidewalk Depth Time Primary 5.0 cm 24 hours Secondary 8.0 cm 48 hours Other * No Service No Service 142 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 11 of 14 Ice Formation on Sidewalks and Icy Sidewalks 1) If the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate as a result of weather monitoring and/or winter patrolling determine there is a substantial probability of ice forming on a sidewalk, will deploy available Town resources, if practicable, to prevent ice formation or improve traction within the time set out in Table 8, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate determines as the appropriate time to deploy available Town resources. 2) If ice forms on a sidewalk despite compliance with subsection (1) the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate will deploy available Town resources, to treat icy sidewalks, if practicable, within the time set out in Table 8, starting from the time that the Public Works Road Supervisor, Lead Hand, Alternate Lead Hand or Designate becomes aware of the fact that the sidewalk is icy. Table 8 – Ice Formation Prevention and Icy Sidewalks Class of Sidewalk Time Primary 24 hours Secondary 48 hours Other * No Service End of Storm Sidewalk Surface Condition Public Works will attempt to maintain sidewalks in a smooth snow packed condition due to the limitations of the sidewalk clearing equipment to get down to the bare surface, unless specified otherwise. Priority for Servicing Primary Class – Sidewalks will be serviced first. Secondary Class – Sidewalks will be serviced second. * Other Class – Sidewalks are considered closed from November 15th to April 1st and shall receive no winter maintenance. For unusual or severe conditions, or when equipment breakdown occur, lower priority sidewalks may be delayed in an attempt to maintain higher priority sidewalks at the service levels described above for both snow accumulation and ice control. MUNICIPAL PARKING LOTS LEVEL OF SERVICE Snow clearing and ice control of parking lots servicing the municipal public parking lot system within Downtown Tillsonburg will be prioritized for service as per Table 9 and carried out under contract in accordance with the following guidelines: 1) Snow clearing/scraping operations shall begin within one (1) hour after the accumulation of 8.0 cm of snow accumulation, or within one (1) hour upon request by the Public Works Roads Supervisor, Lead Hand, Alternate Lead Hand, or Designate. 143 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 12 of 14 2) Follow-up snow clearing/scraping operations will only resume following the accumulation of an additional 8.0 cm of new snow on the previously serviced areas. 3) Sanding/salting operation for ice control, if required, will be restricted to the driving lanes between rows of parking stalls. 4) Snow storage piling is to be done at the same time as snow clearing within the designated snow storage areas. 5) Snow storage piles are not to take up more than 10% - 20% of the available parking spaces at any one time during the winter season. Table 9 – Downtown Municipal Parking Lots Priority Municipal Lot Priority Municipal Lot 1 1A 1 5B 2 7A (first half) 2 1B 3 6A (first half) 3 2B 4 3A 4 3B 5 10A 5 4B 6 7A (second half) 6 5A 7 6A (second half) 7 11A 8 8A 8 4A 9 9A 9 6B SNOW REMOVAL Snow removal on roadways, parking lots, dead end/cul-du-sacs, and the Downtown Core area will be carried out when required by the Public Works Division. Depending on the area and number of locations to be undertaken, a decision will be made by the Public Works Road Supervisor in consultation with the Public Works Manager to implement the removal process. Snow Removal Areas For snow removal operations, the Town infrastructure has been divided into four Areas which determine the priority for servicing. Area 1 – Intersections Area 2 – Downtown Core Area 3 – Downtown Municipal Parking Lots Area 4 – Local Streets with Dead Ends / Cul-du-sacs 144 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 13 of 14 LEVEL OF SERVICE Area 1 – Intersections Following the completion of post-storm clearing operations Public Works will assess the snow storage volume at intersections to ensure the required sight lines and normal traffic flow are not obstructed. If required, the removal of snow would normally begin 24 hours after post-storm plowing operations have been completed. Area 2 – Downtown Core Following the completion of post-storm clearing operations Public Works will assess the volume of snow storage in the Downtown Core to ensure a reasonable volume of snow storage remains while considering weather forecast, parking accessibility, and safe access to the sidewalk from on-street parking locations. If required, the removal of snow would normally begin 24 to 48 hours after post-storm plowing operations have been completed, depending on the forecast. Removal operations would typically be completed between 12:00 am and 7:00 am during a weeknight, except for a Tuesday night / Wednesday morning due to Downtown waste collection Wednesday morning. Area 3 – Downtown Municipal Parking Lots Removal of snow piled at designated locations within Downtown municipal public parking lots would normally begin 24 to 48 hours after post-storm plowing operations have been completed, depending on the forecast. Removal operations would typically be completed during normal business hours by Public Works. The removal of snow storage piles may not be necessary within all Downtown municipal public parking lots, however should extreme conditions exists limited snow removal operations may be required. Area 4 – Local Streets with Dead Ends / Cul-du-sacs Following the completion of post-storm clearing operations Public Works will assess the volume of snow storage of local streets with dead ends and cul-de-sacs to ensure a reasonable volume of snow storage remains while considering weather forecast and traffic maneuverability. If required, the removal of snow would normally begin 48 hours after post-storm operations have been completed depending on the forecast. Removal operations would typically be completed during normal business hours by Public Works. Priority for Servicing Snow removal operations would normally follow post-storm clearing operations, depending on the forecast, however in severe weather the following prioritization of service areas would be initiated. Area 1 – Intersections would be serviced first. Area 2 – Downtown Core would be serviced second. Area 3 – Downtown Municipal Parking Lots would be serviced third. Area 4 – Local Streets with Dead Ends / Cul-de-sacs would be serviced fourth. 145 Winter Maintenance Level of Service Policy POLICY NO: XXX Page 14 of 14 DEPARTURE FROM POLICY The Town of Tillsonburg recognizes that conditions may be so unusual or unexpected that a temporary departure from this Policy may be authorized. Therefore, when conditions warrant the Public Works Road Supervisor in consultation with the Manager of Public Works and Director of Operations, may order a temporary departure from these general guidelines. Special requests or changes to the Policy shall only be authorized by Council. 146 1 Municipal Act, 2001 Loi de 2001 sur les municipalités ONTARIO REGULATION 239/02 MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS Historical version for the period January 25, 2013 to May 2, 2018. Consolidation Period: From May 3, 2018 to the e-Laws currency date. Last amendment: 47/13366/18. Legislative History: 288/03, 613/06, 23/10, 47/13, 366/18. This Regulation is made in English only. Definitions 1. (1) In this Regulation, “bicycle facility” means the on-road and in-boulevard cycling facilities listed in Book 18 of the Ontario Traffic Manual; “bicycle lane” means, (a) a portion of a roadway that has been designated by pavement markings or signage for the preferential or exclusive use of cyclists, or (b) a portion of a roadway that has been designated for the exclusive use of cyclists by signage and a physical or marked buffer; “cm” means centimetres; “day” means a 24-hour period; “encroachment” means anything that is placed, installed, constructed or planted within the highway that was not placed, installed, constructed or planted by the municipality; “ice” means all kinds of ice, however formed; “motor vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act, except that it does not include a motor assisted bicycle; “non-paved surface” means a surface that is not a paved surface; “Ontario Traffic Manual” means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from time to time; “paved surface” means a surface with a wearing layer or layers of asphalt, concrete or asphalt emulsion; “pothole” means a hole in the surface of a roadway caused by any means, including wear or subsidence of the road surface or subsurface; “roadway” has the same meaning as in subsection 1 (1) of the Highway Traffic Act; “shoulder” means the portion of a highway that provides lateral support to the roadway and that may accommodate stopped motor vehicles and emergency use; “sidewalk” means the part of the highway specifically set aside or commonly understood to be for pedestrian use, typically consisting of a paved surface but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited; “significant weather event” means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within a municipality; “snow accumulation” means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway: 1. Newly-fallen snow. 2. Wind-blown snow. 3. Slush; 147 2 “substantial probability” means a significant likelihood considerably in excess of 51 per cent; “surface” means the top of a sidewalk, roadway or shoulder; “utility” includes any air, gas, water, electricity, cable, fiber-optic, telecommunication or traffic control system or subsystem, fire hydrants, sanitary sewers, storm sewers, property bars and survey monuments; “utility appurtenance” includes maintenance holes and hole covers, water shut-off covers and boxes, valves, fittings, vaults, braces, pipes, pedestals, and any other structures or items that form part of or are an accessory part of any utility; “weather” means air temperature, wind and precipitation. “weather hazard” means the weather hazards determined by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program. O. Reg. 239/02, s. 1 (1); O. Reg. 23/10, s. 1 (1); O. Reg. 47/13, s. 1; O. Reg. 1.366/18, s. 1 (1, 2). (2) For the purposes of this Regulation, every highway or part of a highway under the jurisdiction of a municipality in Ontario is classified in the Table to this section as a Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 highway, based on the speed limit applicable to it and the average annual daily traffic on it. O. Reg. 239/02, s. 1 (2); O. Reg. 366/18, s. 1 (3). (3) For the purposes of subsection (2) and the Table to this section, the average annual daily traffic on a highway or part of a highway under municipal jurisdiction shall be determined, (a) by counting and averaging the daily two-way traffic on the highway or part of the highway; or (b) by estimating the average daily two-way traffic on the highway or part of the highway. O. Reg. 239/02, s. 1 (3); O. Reg. 23/10, s. 1 (2); O. Reg. 366/18, s. 1 (3). (4) For the purposes of this Regulation, unless otherwise indicated in a provision of this Regulation, a municipality is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the municipality ought reasonably to be aware of the fact. O. Reg. 23/10366/18, s. 1 (34). TABLE CLASSIFICATION OF HIGHWAYS Column 1 Average Annual Daily Traffic (number of motor vehicles) Posted or Statutory Speed Limit (kilometres per hour)Column 2 91 - 100 km/h speed limit Column 3 81 - 90 km/h speed limit Column 4 71 - 80 km/h speed limit Column 5 61 - 70 km/h speed limit Column 6 51 - 60 km/h speed limit Column 7 41 - 50 km/h speed limit Column 8 1 - 40 km/h speed limit 53,000 or more 91 - 1001 81 - 901 71 - 801 61 - 701 51 - 601 41 - 501 1 - 40 1523,000 or more- 52,999 1 1 1 2 2 2 2 15,000 - 22,999 1 1 2 2 2 3 3 12,000 - 14,999 1 1 12 2 2 3 3 10,000 - 11,999 1 1 2 2 3 3 3 8,000 - 9,999 1 1 2 3 3 3 3 6,000 - 7,999 1 2 2 3 3 34 34 5,000 - 5,999 1 2 2 3 3 34 34 4,000 - 4,999 1 2 3 3 3 34 4 3,000 - 3,999 1 2 3 3 3 4 4 2,000 - 2,999 1 2 3 3 4 45 45 1,000 - 1,999 1 3 3 3 4 45 5 500 - 999 1 3 4 4 4 45 5 200 - 499 1 3 4 4 5 5 56 50 - 199 1 3 4 5 5 56 56 0 - 49 1 3 6 6 6 6 6 O. Reg. 613/06366/18, s. 1. (5). Application 2. (1) This Regulation sets out the minimum standards of repair for highways under municipal jurisdiction for the purpose of clause 44 (3) (c) of the Act. O. Reg. 288/03, s. 1. (2) REVOKED: O. Reg. 23/10, s. 2. (3) This Regulation does not apply to Class 6 highways. O. Reg. 239/02, s. 2 (3). Purpose 148 3 2.1 The purpose of this Regulation is to clarify the scope of the statutory defence available to a municipality under clause 44 (3) (c) of the Act by establishing maintenance standards which are non-prescriptive as to the methods or materials to be used in complying with the standards but instead describe a desired outcome. O. Reg. Minimum366/18, s. 2. MAINTENANCE STANDARDS Patrolling 3. (1) The minimum standard for the frequency of patrolling of highways to check for conditions described in this Regulation is set out in the Table to this section. O. Reg. 23/10, s. 3 (1); O. Reg. 366/18, s. 3 (2). (2) If it is determined by the municipality that the weather monitoring referred to in section 3.1 indicates that there is a substantial probability of snow accumulation on roadways, ice formation on roadways or icy roadways, the minimum standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the municipality selects as representative of its highways, at intervals deemed necessary by the municipality, to check for such conditions. O. Reg. 47/13, s. 2; O. Reg. .366/18, s. 3 (2). (3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or performing highway maintenance activities. O. Reg. 23/10, s. 3 (1). (4) This section does not apply in respect of the conditions described in section 10, subsections 11 (0.1) and 12 (1) and section 16.1., 16.2, 16.3 or 16.4. O. Reg. 23/10, s. 3 (1); O. Reg. 366/18, s. 3 (3). TABLE PATROLLING FREQUENCY Class of Highway Patrolling Frequency 1 3 times every 7 days 2 2 times every 7 days 3 once every 7 days 4 once every 14 days 5 once every 30 days O. Reg. 239/02, s. 3, Table; O. Reg. 23/10, s. 3 (2). Weather monitoring 3.1 (1) From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the municipality. O. Reg. 47/13, s. 3; O. Reg. 366/18, s. 4. (2) From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once per calendar day. O. Reg. 47/13, s. 3; O. Reg. 366/18, s. 4. Snow accumulation, roadways 4. (1) The minimumSubject to section 4.1, the standard for addressing snow accumulation on roadways is, (a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section, to deploy resources as soon as practicable to address the snow accumulation; and (b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in the Table within the time set out in the Table, (i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or (ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres. O. Reg. 47/13, s. 4.4; O. Reg. 366/18, s. 5 (1). (2) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table to this section, the roadway is deemed to be in a state of repair with respect to snow accumulation. O. Reg. 47/13, s. 4. (3) For the purposes of this section, the depth of snow accumulation on a roadway and, if applicable, lane width under clause (1) (b), may be determined in accordance with subsection (4) by a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the following: 1. Patrolling highways. 2. Performing highway maintenance activities. 3. Supervising staff who perform activities described in paragraph 1 or 2. O. Reg. 47/13, s. 4.4; O. Reg. 366/18, s. 5 (2). (4) The depth of snow accumulation on a roadway and lane width may be determined by, (a) performing an actual measurement; 149 4 (b) monitoring the weather; or (c) performing a visual estimate. O. Reg. 47/13, s. 4.4; O. Reg. 366/18, s. 5 (3). (5) For the purposes of this section, addressing snow accumulation on a roadway includes, but is not limited to, (a) plowing the roadway; (b) salting the roadway; (c) applying abrasive materials to the roadway; or (d (d) applying other chemical or organic agents to the roadway; (e) any combination of the methods described in clauses (a), (b) and (c) to (d). O. Reg. 47/13366/18, s. 5 (4.). (6) This section does not apply to that portion of the roadway , (a) designated for parking.; (b) consisting of a bicycle lane or other bicycle facility; or (d) used by a municipality for snow storage. O. Reg. 47/13366/18, s. 5 (4.). TABLE SNOW ACCUMULATION - ROADWAYS Class of Highway Depth Time 1 2.5 cm 4 hours 2 5 cm 6 hours 3 8 cm 12 hours 4 8 cm 16 hours 5 10 cm 24 hours O. Reg. 47/13, s. 4.4; O. Reg. 366/18, s. 5 (5). Snow accumulation on roadways, significant weather event 4.1 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for addressing snow accumulation on roadways until the declaration of the end of the significant weather event is, (a) to monitor the weather in accordance with section 3.1; and (b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on roadways, starting from the time that the municipality deems appropriate to do so. O. Reg. 366/18, s. 7. (2) If the municipality complies with subsection (1), all roadways within the municipality are deemed to be in a state of repair with respect to snow accumulation until the applicable time in the Table to section 4 expires following the declaration of the end of the significant weather event by the municipality. O. Reg. 366/18, s. 7. (3) Following the end of the weather hazard in respect of which a significant weather event was declared by a municipality under subsection (1), the municipality shall, (a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and (b) address snow accumulation on roadways in accordance with section 4. O. Reg. 366/18, s. 7. Snow accumulation, bicycle lanes 4.2 (1) Subject to section 4.3, the standard for addressing snow accumulation on bicycle lanes is, (a) after becoming aware of the fact that the snow accumulation on a bicycle lane is greater than the depth set out in the Table to this section, to deploy resources as soon as practicable to address the snow accumulation; and (b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in the Table to this section to provide a minimum bicycle lane width of the lesser of 1 metre or the actual bicycle lane width. O. Reg. 366/18, s. 7. (2) If the depth of snow accumulation on a bicycle lane is less than or equal to the depth set out in the Table to this section, the bicycle lane is deemed to be in a state of repair in respect of snow accumulation. O. Reg. 366/18, s. 7. (3) For the purposes of this section, the depth of snow accumulation on a bicycle lane and, if applicable, lane width under clause (1) (b), may be determined in the same manner as set out in subsection 4 (4) and by the persons mentioned in subsection 4 (3), with necessary modifications. O. Reg. 366/18, s. 7. (4) For the purposes of this section, addressing snow accumulation on a bicycle lane includes, (a) plowing the bicycle lane; 150 5 (b) salting the bicycle lane; (c) applying abrasive materials to the bicycle lane; (d) applying other chemical or organic agents to the bicycle lane; (e) sweeping the bicycle lane; or (f) any combination of the methods described in clauses (a) to (e). O. Reg. 366/18, s. 7. TABLE SNOW ACCUMULATION – BICYCLE LANES Column 1 Class of Highway or Adjacent Highway Column 2 Depth Column 3 Time 1 2.5 cm 8 hours 2 5 cm 12 hours 3 8 cm 24 hours 4 8 cm 24 hours 5 10 cm 24 hours O. Reg. 366/18, s. 7. Snow accumulation on bicycle lanes, significant weather event 4.3 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for addressing snow accumulation on bicycle lanes until the declaration of the end of the significant weather event is, (a) to monitor the weather in accordance with section 3.1; and (b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on bicycle lanes, starting from the time that the municipality deems appropriate to do so. O. Reg. 366/18, s. 7. (2) If the municipality complies with subsection (1), all bicycle lanes within the municipality are deemed to be in a state of repair with respect to snow accumulation until the applicable time in the Table to section 4.2 expires following the declaration of the end of the significant weather event by the municipality. O. Reg. 366/18, s. 7. (3) Following the end of the weather hazard in respect of which a significant weather event was declared by a municipality under subsection (1), the municipality shall, (a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and (b) address snow accumulation on bicycle lanes in accordance with section 4.2. O. Reg. 366/18, s. 7. Ice formation on roadways and icy roadways 5. (1) The minimum standard for the prevention of ice formation on roadways is doing the following in the 24-hour period preceding an alleged formation of ice on a roadway: 1. Monitor the weather in accordance with section 3.1. 2. Patrol in accordance with section 3. 3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that there is a substantial probability of ice forming on a roadway, treat the roadway, if practicable, to prevent ice formation within the time set out in the Table 1 to this section, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose. O. Reg. 47/13366/18, s. 5 8. (2) If the municipality meets the minimum standard set out in subsection (1) and, despite such compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of,applicable time set out in Table 2 to this section expires after the municipality becomes aware of the fact that the roadway is icy. O. Reg. 366/18, s. 8. (a) the time that the municipality becomes aware of the fact that the roadway is icy; or (b) the applicable time set out in the Table (3) Subject to this section for treating the roadway to prevent ice formation expires.5.1, the O. Reg. 47/13, s. 5. (3) The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table 2 to this section, and an icy roadway is deemed to be in a state of repair until the applicable time set out in the Table for treating2 to this section expires after the municipality becomes aware of the icyfact that a roadway expiresis icy. O. Reg. 47/13366/18, s. 5 8. (4) For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand. O. Reg. 47/13366/18, s. 5 8. (5) For greater certainty, this section applies in respect of ice formation on bicycle lanes on a roadway, but does not apply to other types of bicycle facilities. O. Reg. 366/18, s. 8. 151 6 TABLE 1 ICE FORMATION PREVENTION AND ICY ROADWAYS Class of Highway Time 1 36 hours 2 48 hours 3 816 hours 4 1224 hours 5 1624 hours O. Reg. 47/13366/18, s. 5 8. TABLE 2 TREATMENT OF ICY ROADWAYS Class of Highway Time 1 3 hours 2 4 hours 3 8 hours 4 12 hours 5 16 hours O. Reg. 366/18, s. 8. Icy roadways, significant weather event 5.1 (1) If a municipality declares a significant weather event relating to ice, the standard for treating icy roadways until the declaration of the end of the significant weather event is, (a) to monitor the weather in accordance with section 3.1; and (b) if deemed practicable by the municipality, to deploy resources to treat icy roadways, starting from the time that the municipality deems appropriate to do so. O. Reg. 366/18, s. 8. (2) If the municipality complies with subsection (1), all roadways within the municipality are deemed to be in a state of repair with respect to any ice which forms or may be present until the applicable time in Table 2 to section 5 expires after the declaration of the end of the significant weather event by the municipality. O. Reg. 366/18, s. 8. (3) Following the end of the weather hazard in respect of which a significant weather event was declared by a municipality under subsection (1), the municipality shall, (a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and (b) treat icy roadways in accordance with section 5. O. Reg. 366/18, s. 8. Potholes 6. (1) If a pothole exceeds both the surface area and depth set out in Table 1, 2 or 3 to this section, as the case may be, the minimum standard is to repair the pothole within the time set out in Table 1, 2 or 3, as appropriate, after becoming aware of the fact. O. Reg. 239/02, s. 6 (1).); O. Reg. 366/18, s. 8 (1). (1.1) For the purposes of this section, the surface area and depth of a pothole may be determined in accordance with subsections (1.2) and (1.3), as applicable, by a municipal employee, agent or contractor whose duties or responsibilities include one or more of the following: 1. Patrolling highways. 2. Performing highway maintenance activities. 3. Supervising staff who perform activities described in paragraph 1 or 2. O. Reg. 366/18, s. 8 (2). (1.2) The depth and surface area of a pothole may be determined by, (a) performing an actual measurement; or (b) performing a visual estimate. O. Reg. 366/18, s. 8 (2). (1.3) For the purposes of this section, the surface area of a pothole does not include any area that is merely depressed and not yet broken fully through the surface of the roadway. O. Reg. 366/18, s. 8 (2). (2) A pothole is deemed to be in a state of repair if its surface area or depth is less than or equal to that set out in Table 1, 2 or 3, as appropriate. O. Reg. 239/02, s. 6 (2); O. Reg. 47/13, s. 6. TABLE 1 POTHOLES ON PAVED SURFACE OF ROADWAY 152 7 Class of Highway Surface Area Depth Time 1 600 cm² 8 cm 4 days 2 800 cm² 8 cm 4 days 3 1000 cm² 8 cm 7 days 4 1000 cm² 8 cm 14 days 5 1000 cm² 8 cm 30 days O. Reg. 239/02, s. 6, Table 1. TABLE 2 POTHOLES ON NON-PAVED SURFACE OF ROADWAY Class of Highway Surface Area Depth Time 3 1500 cm² 8 cm 7 days 4 1500 cm² 10 cm 14 days 5 1500 cm² 12 cm 30 days O. Reg. 239/02, s. 6, Table 2. TABLE 3 POTHOLES ON PAVED OR NON-PAVED SURFACE OF SHOULDER Class of Highway Surface Area Depth Time 1 1500 cm² 8 cm 7 days 2 1500 cm² 8 cm 7 days 3 1500 cm² 8 cm 14 days 4 1500 cm² 10 cm 30 days 5 1500 cm² 12 cm 60 days O. Reg. 239/02, s. 6, Table 3. Shoulder drop-offs 7. (1) If a shoulder drop-off is deeper than 8 cm, for a continuous distance of 20 metres or more, than the depth set out in the Table to this section, the minimumthe standard is to repair the shoulder drop-off within the time set out in the Table to this section after becoming aware of the fact. O. Reg. 239/02366/18, s. 7 9 (1). (2) A shoulder drop-off is deemed to be in a state of repair if its depth is less than or equal to that set out in the Table. 8 cm. O. Reg. 239/02366/18, s. 7 (2 9 (1).); O. Reg. 47/13, s. 7. (3) In this section, “shoulder drop-off” means the vertical differential, where the paved surface of the roadway is higher than the surface of the shoulder, between the paved surface of the roadway and the paved or non-paved surface of the shoulder. O. Reg. 239/02, s. 7 (3). TABLE SHOULDER DROP-OFFS Class of Highway Depth Time 1 8 cm 4 days 2 8 cm 4 days 3 8 cm 7 days 4 8 cm 14 days 5 8 cm 30 days O. Reg. 239/02366/18, s. 7, Table. 9 (2). Cracks 8. (1) If a crack on the paved surface of a roadway is greater, than 5 cm wide and 5 cm deep for a continuous distance of three metres or more, than both the width and depth set out in the Table to this section, the minimumthe standard is to repair the crack within the time set out in the Table to this section after becoming aware of the fact. O. Reg. 239/02366/18, s. 8 10 (1). (2) A crack is deemed to be in a state of repair if its width or depth is less than or equal to that set out in the Table. 5 cm. O. Reg. 239/02366/18, s. 8 (2 10 (1).); O. Reg. 47/13, s. 8. 153 8 TABLE CRACKS Column 1 Class of Highway Width Depth Column 2 Time 1 5 cm 5 cm 30 days 2 5 cm 5 cm 30 days 3 5 cm 5 cm 60 days 4 5 cm 5 cm 180 days 5 5 cm 5 cm 180 days O. Reg. 239/02366/18, s. 8, Table. 10 (2). Debris 9. (1) If there is debris on a roadway, the minimum standard is to deploy resources, as soon as practicable after becoming aware of the fact, to remove the debris. O. Reg. 239/02, s. 9 (1).); O. Reg. 366/18, s. 11. (2) In this section, “debris” means any material (except snow, slush or ice) or object on a roadway, (a) that is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and (b) that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle. O. Reg. 239/02, s. 9 (2); O. Reg. 47/13, s. 9. Luminaires 10. (0.1) REVOKED: O. Reg. 366/18, s. 12. (1) The minimum standard for the frequency of inspecting all luminaires to check to see that they are functioning is once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg. 23/10366/18, s. 6; O. 12.Reg. 47/13, s. 10 (1). (12) For conventional illumination, if three or more consecutive luminaires on the same side of a highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this section after becoming aware of the fact. O. Reg. 239/02366/18, s. 10 (1). 12. (23) For conventional illumination and high mast illumination, if 30 per cent or more of the luminaires on any kilometre of highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this section after becoming aware of the fact. O. Reg. 239/02366/18, s. 10 (2). 12. (34) Despite subsection (2), for high mast illumination, if all of the luminaires on consecutive poles on the same side of a highway are not functioning, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the luminaires. O. Reg. 239/02366/18, s. 10 (3). 12. (45) Despite subsections (1), (2) and (3), for conventional illumination and high mast illumination, if more than 50 per cent of the luminaires on any kilometre of a Class 1 highway with a speed limit of 90 kilometres per hour or more are not functioning, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the luminaires. O. Reg. 239/02366/18, s. 10 (4). 12. (56) Luminaires are deemed to be in a state of repair, (a) for the purpose of subsection (12), if the number of non-functioning consecutive luminaires on the same side of a highway does not exceed two; (b) for the purpose of subsection (23), if more than 70 per cent of luminaires on any kilometre of highway are functioning; (c) for the purpose of subsection (34), if one or more of the luminaires on consecutive poles on the same side of a highway are functioning; (d) for the purpose of subsection (45), if more than 50 per cent of luminaires on any kilometre of highway are functioning. O. Reg. 239/02366/18, s. 10 (5); O. 12.Reg. 47/13, s. 10 (2). (6) Subsections (1), (2) and (3) only apply to, (a) Class 1 and Class 2 highways; and (b) Class 3, Class 4 and Class 5 highways with a posted speed of 80 kilometres per hour or more. O. Reg. 239/02, s. 10 (6). (7) In this section, “conventional illumination” means lighting, other than high mast illumination, where there are one or more luminaires per pole; 154 9 “high mast illumination” means lighting where there are three or more luminaires per pole and the height of the pole exceeds 20 metres; “luminaire” means a complete lighting unit consisting of, (a) a lamp, and (b) parts designed to distribute the light, to position or protect the lamp and to connect the lamp to the power supply. O. Reg. 239/02, s. 10 (7). TABLE LUMINAIRES Class of Highway Time 1 7 days 2 7 days 3 14 days 4 14 days 5 14 days O. Reg. 239/02, s. 10, Table. Signs 11. (0.1) The minimum standard for the frequency of inspecting signs of a type listed in subsection (2) to check to see that they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg. 23/10, s. 7 (1); O. Reg. 47/13, s. 11 (1).); O. Reg. 366/18, s. 13. (0.2) A sign that has been inspected in accordance with subsection (0.1) is deemed to be in a state of repair with respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to meet these requirements. O. Reg. 47/13, s. 11 (2). (1) If any sign of a type listed in subsection (2) is illegible, improperly oriented, obscured or missing, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair or replace the sign. O. Reg. 239/02, s. 11 (1); O. Reg. 23/10, s. 7 (2).); O. Reg. 366/18, s. 13. (2) This section applies to the following types of signs: 1. Checkerboard. 2. Curve sign with advisory speed tab. 3. Do not enter. 3.1 Load Restricted Bridge. 3.2 Low Bridge. 3.3 Low Bridge Ahead. 4. One Way. 5. School Zone Speed Limit. 6. Stop. 7. Stop Ahead. 8. Stop Ahead, New. 9. Traffic Signal Ahead, New. 10. Two-Way Traffic Ahead. 11. Wrong Way. 12. Yield. 13. Yield Ahead. 14. Yield Ahead, New. O. Reg. 239/02, s. 11 (2); O. Reg. 23/10, s. 7 (3). Regulatory or warning signs 12. (1) The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each inspection taking 155 10 place not more than 16 months from the previous inspection. O. Reg. 23/10, s. 8; O. Reg. 47/13, s. 12 (1).); O. Reg. 366/18, s. 13. (1.1) A regulatory sign or warning sign that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to meet these requirements. O. Reg. 47/13, s. 12 (2). (2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the minimum standard is to repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact. O. Reg. 23/10, s. 8; O. Reg. 366/18, s. 13. (3) In this section, “regulatory sign” and “warning sign” have the same meanings as in the Ontario Traffic Manual, except that they do not include a sign listed in subsection 11 (2) of this Regulation. O. Reg. 23/10, s. 8. TABLE REGULATORY AND WARNING SIGNS Class of Highway Time 1 7 days 2 14 days 3 21 days 4 30 days 5 30 days O. Reg. 239/02, s. 12, Table. Traffic control signal systems 13. (1) If a traffic control signal system is defective in any way described in subsection (2), the minimum standard is to deploy resources as soon as practicable after becoming aware of the defect to repair the defect or replace the defective component of the traffic control signal system. O. Reg. 239/02, s. 13 (1).); O. Reg. 366/18, s. 13. (2) This section applies if a traffic control signal system is defective in any of the following ways: 1. One or more displays show conflicting signal indications. 2. The angle of a traffic control signal or pedestrian control indication has been changed in such a way that the traffic or pedestrian facing it does not have clear visibility of the information conveyed or that it conveys confusing information to traffic or pedestrians facing other directions. 3. A phase required to allow a pedestrian or vehicle to safely travel through an intersection fails to occur. 4. There are phase or cycle timing errors interfering with the ability of a pedestrian or vehicle to safely travel through an intersection. 5. There is a power failure in the traffic control signal system. 6. The traffic control signal system cabinet has been displaced from its proper position. 7. There is a failure of any of the traffic control signal support structures. 8. A signal lamp or a pedestrian control indication is not functioning. 9. Signals are flashing when flashing mode is not a part of the normal signal operation. O. Reg. 239/02, s. 13 (2). (3) Despite subsection (1) and paragraph 8 of subsection (2), if the posted speed of all approaches to the intersection or location of the non-functioning signal lamp or pedestrian control indication is less than 80 kilometres per hour and the signal that is not functioning is a green or a pedestrian “walk” signal, the minimum standard is to repair or replace the defective component by the end of the next business day. O. Reg. 239/02, s. 13 (3).); O. Reg. 366/18, s. 13. (4) In this section and section 14, “cycle” means a complete sequence of traffic control indications at a location; “display” means the illuminated and non-illuminated signals facing the traffic; “indication” has the same meaning as in the Highway Traffic Act; “phase” means a part of a cycle from the time where one or more traffic directions receive a green indication to the time where one or more different traffic directions receive a green indication; “power failure” means a reduction in power or a loss in power preventing the traffic control signal system from operating as intended; 156 11 “traffic control signal” has the same meaning as in the Highway Traffic Act; “traffic control signal system” has the same meaning as in the Highway Traffic Act. O. Reg. 239/02, s. 13 (4). Traffic control signal system sub-systems 14. (1) The minimum standard is to inspect, test and maintain the following traffic control signal system sub-systems once per calendar year, with each inspection taking place not more than 16 months from the previous inspection: 1. The display sub-system, consisting of traffic signal and pedestrian crossing heads, physical support structures and support cables. 2. The traffic control sub-system, including the traffic control signal cabinet and internal devices such as timer, detection devices and associated hardware, but excluding conflict monitors. 3. The external detection sub-system, consisting of detection sensors for all vehicles, including emergency and railway vehicles and pedestrian push- buttons. O. Reg. 239/02, s. 14 (1); O. Reg. 47/13, s. 13 (1).); O. Reg. 366/18, s. 13. (1.1) A traffic control signal system sub-system that has been inspected, tested and maintained in accordance with subsection (1) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the traffic control signal system sub-system has ceased to be in a state of repair. O. Reg. 47/13, s. 13 (2). (2) The minimum standard is to inspect, test and maintain conflict monitors every five to seven months and at least twice per calendar year. O. Reg. 239/02, s. 14 (2); O. Reg. 47/13, s. 13 (3).); O. Reg. 366/18, s. 13. (2.1) A conflict monitor that has been inspected, tested and maintained in accordance with subsection (2) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the conflict monitor has ceased to be in a state of repair. O. Reg. 47/13, s. 13 (4). (3) In this section, “conflict monitor” means a device that continually checks for conflicting signal indications and responds to a conflict by emitting a signal. O. Reg. 239/02, s. 14 (3). Bridge deck spalls 15. (1) If a bridge deck spall exceeds both the surface area and depth set out in the Table to this section, the minimum standard is to repair the bridge deck spall within the time set out in the Table after becoming aware of the fact. O. Reg. 239/02, s. 15 (1).); O. Reg. 366/18, s. 13. (2) A bridge deck spall is deemed to be in a state of repair if its surface area or depth is less than or equal to that set out in the Table. O. Reg. 239/02, s. 15 (2); O. Reg. 47/13, s. 14. (3) In this section, “bridge deck spall” means a cavity left by one or more fragments detaching from the paved surface of the roadway or shoulder of a bridge. O. Reg. 239/02, s. 15 (3). TABLE BRIDGE DECK SPALLS Class of Highway Surface Area Depth Time 1 600 cm² 8 cm 4 days 2 800 cm² 8 cm 4 days 3 1,000 cm² 8 cm 7 days 4 1,000 cm² 8 cm 7 days 5 1,000 cm² 8 cm 7 days O. Reg. 239/02, s. 15, Table. Roadway surface discontinuities 16. (1) If a surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the height set out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the Table after becoming aware of the fact. O. Reg. 23/10, s. 9; O. Reg. 366/18, s. 13. (1.1) A surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, is deemed to be in a state of repair if its height is less than or equal to the height set out in the Table to this section. O. Reg. 47/13, s. 15. (2) If a surface discontinuity on a bridge deck exceeds five centimetres, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck. O. Reg. 23/10, s. 9; O. Reg. 366/18, s. 13. 157 12 (2.1) A surface discontinuity on a bridge deck is deemed to be in a state of repair if its height is less than or equal to five centimetres. O. Reg. 47/13, s. 15. (3) In this section, “surface discontinuity” means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge. O. Reg. 23/10, s. 9. TABLE SURFACE DISCONTINUITIES Class of Highway Height Time 1 5 cm 2 days 2 5 cm 2 days 3 5 cm 7 days 4 5 cm 21 days 5 5 cm 21 days O. Reg. 239/02, s. 16, Table. Sidewalk surface discontinuities 16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg. 23/10, s. 10; O. Reg. 47/13, s. 16 (1).); O. Reg. 366/18, s. 13. (1.1) A sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect to any surface discontinuity until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge of the presence of a surface discontinuity in excess of two centimetres. O. Reg. 47/13, s. 16 (2). (2) If a surface discontinuity on or within a sidewalk exceeds two centimetres, the minimum standard is to treat the surface discontinuity within 14 days after acquiring actual knowledge of the fact. O. Reg. 23/10366/18, s. 10; O. 14.Reg. 47/13, s. 16 (3). (2.1) REVOKED: O. Reg. 366/18, s. 14. (3) A surface discontinuity on or within a sidewalk is deemed to be in a state of repair if it is less than or equal to two centimetres. O. Reg. 47/13366/18, s. 16 14. (4). (3) For the purpose of subsection (2), treating a surface discontinuity on or within a sidewalk means taking reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary repairs, alerting users’ attention to the discontinuity or preventing access to the area of discontinuity. O. Reg. 23/10366/18, s. 10 14. (45) In this section, “surface discontinuity” means a vertical discontinuity creating a step formation at jointsany joint or crackscrack in the surface of the sidewalk. or any vertical height difference between a utility appurtenance found on or within the sidewalk and the surface of the sidewalk. O. Reg. 23/10366/18, s. 10 14. Encroachments, area adjacent to sidewalk 16.2 (1) The standard for the frequency of inspecting an area adjacent to a sidewalk to check for encroachments is once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg. 366/18, s. 15. (2) The area adjacent to a sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a state of repair in respect of any encroachment present. O. Reg. 366/18, s. 15. (3) For greater certainty, the area adjacent to a sidewalk begins at the outer edges of a sidewalk and ends at the lesser of the limit of the highway, the back edge of a curb if there is a curb and a maximum of 45 cm. O. Reg. 366/18, s. 15. (4) The area adjacent to a sidewalk is deemed to be in a state of repair in respect of any encroachment present unless the encroachment is determined by a municipality to be highly unusual given its character and location or to constitute a significant hazard to pedestrians. O. Reg. 366/18, s. 15. (5) If a municipality determines that an encroachment is highly unusual given its character and location or constitutes a significant hazard to pedestrians, the standard is to treat the encroachment within 28 days after making such a determination, and the encroachment is deemed in a state of repair for 28 days from the time of the determination by the municipality. O. Reg. 366/18, s. 15. (6) For the purpose of subsection (4), treating an encroachment means taking reasonable measures to protect users, including making permanent or temporary repairs, alerting users’ attention to the encroachment or preventing access to the area of the encroachment. O. Reg. 366/18, s. 15. 158 13 Snow accumulation on sidewalks 16.3 (1) Subject to section 16.4, the standard for addressing snow accumulation on a sidewalk after the snow accumulation has ended is, a) to reduce the snow to a depth less than or equal to 8 centimetres within 48 hours; and b) to provide a minimum sidewalk width of 1 metre. O. Reg. 366/18, s. 15. (2) If the depth of snow accumulation on a sidewalk is less than or equal to 8 centimetres, the sidewalk is deemed to be in a state of repair in respect of snow accumulation. O. Reg. 366/18, s. 15. (3) If the depth of snow accumulation on a sidewalk exceeds 8 centimetres while the snow continues to accumulate, the sidewalk is deemed to be in a state of repair with respect to snow accumulation, until 48 hours after the snow accumulation ends. O. Reg. 366/18, s. 15. (4) For the purposes of this section, the depth of snow accumulation on a sidewalk may be determined in the same manner as set out in subsection 4 (4) and by the persons mentioned in subsection 4 (3) with necessary modifications. O. Reg. 366/18, s. 15. (5) For the purposes of this section, addressing snow accumulation on a sidewalk includes, (a) plowing the sidewalk; (b) salting the sidewalk; (c) applying abrasive materials to the sidewalk; (d) applying other chemical or organic agents to the sidewalk; or (e) any combination of the methods described in clauses (a) to (d). O. Reg. 366/18, s. 15. Snow accumulation on sidewalks, significant weather event 16.4 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for addressing snow accumulation on sidewalks until the declaration of the end of the significant weather event is, (a) to monitor the weather in accordance with section 3.1; and (b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on sidewalks starting from the time that the municipality deems appropriate to do so. O. Reg. 366/18, s. 15. (2) If the municipality complies with subsection (1), all sidewalks within the municipality are deemed to be in a state of repair with respect to any snow present until 48 hours following the declaration of the end of the significant weather event by the municipality. O. Reg. 366/18, s. 15. (3) Following the end of the weather hazard in respect of which a significant weather event was declared by a municipality under subsection (1), the municipality shall, (a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and (b) address snow accumulation on sidewalks in accordance with section 16.3. O. Reg. 366/18, s. 15. Ice formation on sidewalks and icy sidewalks 16.5 (1) Subject to section 16.6, the standard for the prevention of ice formation on sidewalks is to, (a) monitor the weather in accordance with section 3.1 in the 24-hour period preceding an alleged formation of ice on a sidewalk; and (b) treat the sidewalk if practicable to prevent ice formation or improve traction within 48 hours if the municipality determines that there is a substantial probability of ice forming on a sidewalk, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose. O. Reg. 366/18, s. 15. (2) If ice forms on a sidewalk even though the municipality meets the standard set out in subsection (1), the sidewalk is deemed to be in a state of repair in respect of ice until 48 hours after the municipality first becomes aware of the fact that the sidewalk is icy. O. Reg. 366/18, s. 15. (3) The standard for treating icy sidewalks after the municipality becomes aware of the fact that a sidewalk is icy is to treat the icy sidewalk within 48 hours, and an icy sidewalk is deemed to be in a state of repair for 48 hours after it has been treated. O. Reg. 366/18, s. 15. (4) For the purposes of this section, treating a sidewalk means applying materials including salt, sand or any combination of salt and sand to the sidewalk. O. Reg. 366/18, s. 15. Icy sidewalks, significant weather event 16.6 (1) If a municipality declares a significant weather event relating to ice, the standard for addressing ice formation or ice on sidewalks until the declaration of the end of the significant weather event is, 159 14 (a) to monitor the weather in accordance with section 3.1; and (b) if deemed practicable by the municipality, to deploy resources to treat the sidewalks to prevent ice formation or improve traction, or treat the icy sidewalks, starting from the time that the municipality deems appropriate to do so. O. Reg. 366/18, s. 15. (2) If the municipality complies with subsection (1), all sidewalks within the municipality are deemed to be in a state of repair with respect to any ice which forms or is present until 48 hours after the declaration of the end of the significant weather event by the municipality. O. Reg. 366/18, s. 15. (3) Following the end of the weather hazard in respect of which a significant weather event was declared by a municipality under subsection (1), the municipality shall, (a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and (b) address the prevention of ice formation on sidewalks or treat icy sidewalks in accordance with section 16.5. O. Reg. 366/18, s. 15. Winter sidewalk patrol 16.7 (1) If it is determined by the municipality that the weather monitoring referred to in section 3.1 indicates that there is a substantial probability of snow accumulation on sidewalks in excess of 8 cm, ice formation on sidewalks or icy sidewalks, the standard for patrolling sidewalks is to patrol sidewalks that the municipality selects as representative of its sidewalks at intervals deemed necessary by the municipality. O. Reg. 366/18, s. 15. (2) Patrolling a sidewalk consists of visually observing the sidewalk, either by driving by the sidewalk on the adjacent roadway or by driving or walking on the sidewalk or by electronically monitoring the sidewalk, and may be performed by persons responsible for patrolling roadways or sidewalks or by persons responsible for or performing roadway or sidewalk maintenance activities. O. Reg. 366/18, s. 15. Closure of a highway 16.8 (1) When a municipality closes a highway or part of a highway pursuant to its powers under the Act, the highway is deemed to be in a state of repair in respect of all conditions described in this Regulation from the time of the closure until the highway is re-opened by the municipality. O. Reg. 366/18, s. 15. (2) For the purposes of subsection (1), a highway or part of a highway is closed on the earlier of, (a) when a municipality passes a by-law to close the highway or part of the highway; and (b) when a municipality has taken such steps as it determines necessary to temporarily close the highway or part of a highway. O. Reg. 366/18, s. 15. Declaration of significant weather event 16.9. A municipality declaring the beginning of a significant weather event or declaring the end of a significant weather event under this Regulation shall do so in one or more of the following ways: 1. By posting a notice on the municipality’s website. 2. By making an announcement on a social media platform, such as Facebook or Twitter. 3. By sending a press release or similar communication to internet, newspaper, radio or television media. 4. By notification through the municipality’s police service. 5. By any other notification method required in a by-law of the municipality. O. Reg. 366/18, s. 15. REVIEW OF REGULATION Review 17. (1) The Minister of Transportation shall conduct a review of this Regulation and Ontario Regulation 612/06 (Minimum Maintenance Standards for Highways in the City of Toronto) made under the City of Toronto Act, 2006 every five years. O. Reg. 613/06, s. 2. (2) Despite subsection (1), the first review after the completion of the review started before the end of 2007 shall be started five years after the day Ontario Regulation 23/10 is filed. O. Reg. 23/10, s. 11. 18. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). O. Reg. 239/02, s. 18. Back to top 160 Report Title 2018 LLWP Operations & Communications Report No. RCP 18-23 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date June 11, 2018 Attachments • Page 1 / 3 RCP 18-23 - 2018 LLWP Operations & Commu RECOMMENDATION THAT Council receives Report RCP 18-23 2018 LLWP Operations & Communications for information. EXECUTIVE SUMMARY This report provides Council with information requested at the Council meeting of May 28, 2018 about operational changes, aesthetic and safety considerations, and communications plans arising from the waterslide issues. BACKGROUND Council was provided with an update on the failed slide rehabilitation plan at their meeting of May 28, 2018. Some follow-up information was requested. This report provides that information. 2018 Operational Changes Extended Hours of Operation July 11:00 a.m. – 7:00 p.m. ½ Price 4:00 p.m. – 7:00 p.m. August 11:00 a.m. – 7:00 p.m. ½ Price 4:00 p.m. – 7:00 p.m. Admission Fee Reduction. 2018 Season Price reduced by $1: Toddlers (0-5 yrs) ...................... Free Children (6 – 14 yrs) ................... $4.00 Adults ......................................... $6.80 Seniors (60+) ............................. $4.50 Families (up to 5 members) ...... $24.50 Season Passes will not be reduced. Resident Children, Adults and Seniors .... $31.00 Non-Resident Children & Seniors .......... $43.50 Non Resident Adults ............................... $63.50 New Features New Equipment New inflatables have been purchased for the 2018 season to replace the alligator and climber. New tubes and floaties will be available for free use on a first-come- first serve basis. Programming Weekly special events with a water safety education theme will run throughout the summer. 161 Page 2 / 3 RCP 18-23 - 2018 LLWP Operations & Commu 2018 Aesthetic and Slide Safety Changes Removal of Slide Structure Staff are still investigating the possibility of and cost for removing the entire structure, although all indications to this point are that this option is cost prohibitive. A full-scale removal cannot be accomplished before the July 1 opening day and the impact on users of a mid-season closure seems worth avoiding for both PR and loss of revenue reasons. A partial removal of the lowest section of slide and the lower staircase may be a more feasible option given the cost and available time window. It is hoped this partial removal can be done in a cost-effective way that does not compromise the safety of patrons, the structure of the slide or the LLWP operations Aesthetic Cover-ups Staff will partially repaint the slide structure to cover areas of the lower structure where paint was removed for investigation. No additional rust removal will be done. Access Restrictions Placing a full hoarding-style access restriction fence is impossible to do without creating visibility issues for staff and patrons. Access to the area under and behind the slide is required for maintenance, but some temporary fencing or gates may be used to prevent patrons from entering the area. Signage Signs explaining that the slide and its vicinity is closed for renovations will be placed in appropriate locations. At this point Council has not made any long-term decisions so no timelines for completion will be provided. 2018 Communications Plan Facebook Staff will do weekly posts explaining the issue, what the Town is going to do about it and when it will be resolved. Over 3000 residents view our posts and it will be ‘boosted’ to hit the surrounding areas of Woodstock, Ingersoll, London, Delhi, Simcoe, Aylmer, and St Thomas which should get the reach to about 10,000 views. Oxford County Tourism will also be asked to push it out as well. Town Website There are two spots on the Town’s webpage that this information will be posted. The first is under the NEWS section of the site and the main page will be updated so that this announcement will be part of the sliding banner. It will also be listed as a news story under the sliding banner. It will also be posted directly on the main page of the Lake Lisgar Waterpark. There is a sliding banner there which will inform visitors on the banner as well as under the Latest News section of that same page. All photos on the website that show the slide will be removed and replaced with another image. Newspaper This information will be put on the Tillsonburg Update page but staff will also be issuing a press release to hopefully secure an actual story about the removal. Staff are also considering additional advertising outside of the Tillsonburg Update Radio Standard advertising for LLWP is done on CKOT and on HeartFM. Radio will be asked to post the news release as well. CONSULTATION/COMMUNICATION N/A 162 Page 3 / 3 RCP 18-23 - 2018 LLWP Operations & Commu FINANCIAL IMPACT/FUNDING SOURCE The impact on revenue from the admission reduction could be considerable depending on attendance. A reasonable expectation is $10,000-$12,000 in impact in admission revenue. However staff feels that it is appropriate to provide some consideration of the change in the facility. If the summer goes well, an overall increase in admission numbers and an upturn in canteen revenue may partially offset this reduction. The capital costs anticipated to rehabilitate the slide have for the most part been avoided. There will be some costs for the hoarding, signage and paint noted above which will be funded from this allocation. Any unused portion may be contributed to the Facility Infrastructure Reserves at the end of the year through Council resolution and potentially used towards the cost of replacing the slide in a future budget or other investments in aquatic facilities. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 2 – Sustainable Economy • Objective 4 – Culture & Community 163 = ATTENDANCE Members Present: Mel Getty: Co-Chair, Mike Cerna Co-Chair, , Jane Ann McLean (Outdoor rink/Ball), Rosemary Dean (Fairboard), Ken Patterson (Rotary), John Glass (Lake Lisgar), Pete Luciani (Dog Park), Susan Wray(P&RA), Rick Cox- Staff MEMBERS ABSENT/REGRETS Lions Club, Ball, Kinsmen Club, Margaret Puhr 1. Call to Order The meeting was called to order at 5:40pm, by Co-chair Mel Getty. 2. Adoption of Agenda Moved By: Ken Patterson Seconded By: Rosemary Dean Resolution #1_ THAT the agenda as prepared for the Memorial Park Revitalization Committee meeting of May 1, 2018, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of April 9, 2018 Moved By: Mike Cerna Seconded By: Rosemary Dean Resolution #2_ THAT the Minutes of the Memorial Park Revitalization Committee Meeting of April 9, 2018 be approved. Carried. The Corporation of the Town of Tillsonburg Memorial Park Revitalization Committee May 1, 2018 5:30pm Marwood Lounge 45 Hardy Ave. MINUTES 164 Memorial Park Revitalization Committee Meeting Minutes, May 1, 2018 - 2 - 5. General Business & Reports 5.1. Staff update - 5.2. Master Plan priorities review: document needs to be re-sorted by items as: completed, in progress, abandoned, tabled, priority high-medium-low. 5.3. Susan Wray was appointed by the Parks & Recreation Advisory Committee to replace Donna Scanlan as a representative. 5.4. Member updates: 1. Outdoor rink: presentation was made to the Council on April 27 on the updated site plan. 2. Dog Park: also presented to the Council on April 27, commemorative naming of the park is scheduled for June 17; potable water is being donated along with lighting; will be approaching high school about mural to be made on the cattle barn. 3. Rotary Club: continuing work in the park, cleanup was done on April 21, some trees planted in the area. 4. Fair Board: will provide the committee with photos and quotes of replacement buildings wish list. 5. Lake Lisgar Revitalization Project: the barge in the lake needs to be replaced. 6. Next Meeting The next meeting of the Memorial Park Revitalization Committee will be on Monday May 28, 2018 at 4:30pm – at the Annex, Corporate Office. 7. Adjournment Moved By: Mike Cerna Resolution #3 THAT the Memorial Park Revitalization Committee Meeting of April 9, 2018 be adjourned at 7:00pm. Carried. 165 = ATTENDANCE: Matt Scholtz, Chair John Armstrong Sam Lamb Mary Anne VanGeertruyde Mayor Molnar Regrets: Brian Stephenson Staff: Laura Pickersgill 1. Call to Order The meeting was called to order at 9:07 a.m. 2. Adoption of Agenda Resolution Moved by: John Armstrong Seconded by: Mary Anne Van Geertruyde THAT the Agenda as prepared for the Special Awards Committee meeting of May 28, 2018, be adopted. 3. Disclosure of Pecuniary Interest None 4. Approval of Previous Minutes Resolution Moved by: Mayor Molnar Seconded by: Mary Anne Van Geertruyde THAT the Special Awards Committee Minutes dated April 30, 2018 be approved. The Corporation of the Town of Tillsonburg SPECIAL AWARDS COMMITTEE Monday, May 28, 2018 9:00am Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 166 Special Awards Committee Agenda - May 28, 2018 - 2 - 5. Pending Business from Previous Meetings i) Citizen of the Year Discussion Jane Ann McLean shall be added to the program as a speaker. Members reviewed the hall setup and proposed menu. Mayor Molnar will recognize previous Citizen of the Year winners. Send invitation next year to past winners. Matt Scholtz will recognize the members of the Special Awards Committee. Members reviewed the plaque and letter from Ernie Hardeman. 6. General Business and Reports 7. Other Business 8. Round Table 9. Next Meeting 10. Adjournment Resolution Moved by: Stephen Molnar Seconded by: Mary Anne Van Geertruyde THAT the May 28, 2018 Special Awards Committee meeting be adjourned at 9:36 a.m. 167 = ATTENDANCE: John Armstrong Sam Lamb Mary Anne VanGeertruyde Regrets: Matt Scholtz, Chair Mayor Molnar Brian Stephenson Staff: Laura Pickersgill 1. Call to Order The meeting was called to order at 2:07 p.m. 2. Adoption of Agenda Resolution Moved by: Sam Lamb Seconded by: Mary Anne Van Geertruyde THAT the Agenda as prepared for the Special Awards Committee meeting of June 5, 2018, be adopted. Carried 3. Disclosure of Pecuniary Interest None The Corporation of the Town of Tillsonburg SPECIAL AWARDS COMMITTEE Tuesday, June 5, 2018 2:00pm Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 168 Special Awards Committee Minutes - June 5, 2018 - 2 - 4. Approval of Previous Minutes Resolution Moved by: Mary Anne Van Geertruyde Seconded by: Sam Lamb THAT the Special Awards Committee Minutes dated May 28, 2018 be approved. Carried 5. Pending Business from Previous Meetings i) Citizen of the Year Debriefing Review and ensure there is a time limit for speakers. Expenses were $934.78 in total, including HST, without the cost of the brick installation included. Invite the past citizen of the year recipients by mail for next year. Incorporate an actual ‘citizen of the year’ pin to go along with the plaque. Program moved very well and was well done. Videotaping the event could be done in coming years. Testing the audio equipment before the event would be beneficial. ii) Favourite Son/Daughter Recognition Discuss this at the next meeting on how nominations are generated. iii) Terms of Reference This item will be moved to the next agenda for further discussion. 6. General Business and Reports 6.1 Volunteer Achievement Awards Resolution Moved by: Mary Anne Van Geertruyde Seconded by: Sam Lamb THAT Sandra Andrews be the recipient of the volunteer of the month presented at the second regular Council meeting in June 2018. Carried 169 Special Awards Committee Minutes - June 5, 2018 - 3 - 7. Other Business 8. Round Table 9. Next Meeting September 11, 2018 at 2:00pm 10. Adjournment Resolution Moved by: Mary Anne Van Geertruyde Seconded by: Sam Lamb THAT the June 5, 2018 Special Awards Committee meeting be adjourned at 2:45 p.m. Carried 170 The corporation of the Town of Tillsonburg Cultural Advisory Committee June 6th 2018 Time 5:00pm Annex Room 200 Broadway Tillsonburg ON Minutes ATTENDANCE Heather Benton Chair, Jami Stephenson Secretary, Patty Phelps staff liason , Josianne DeCloet , Terry Fleming, Max Adam MEMBERS ABSENT/REGRETS Erin Getty, Vern Fleming 1. Call to Order at 5:00pm 2. Adoption of Agenda moved by : Josianne DeCloet seconded by: Jami Stephenson Resolution#1 THAT the agenda as prepared for the Cultural Advisory Committee meeting of Wednesday June 6th, 2018 be adopted. 3. Disclosures of Pecuniary Interest and the General Nature Thereof : none 4.Adoption of Minutes of Previous Meeting moved by: Terri Fleming and seconded by: Jami Stephenson Resolution#2 THAT the minutes of the May 9th,2018 Cultural Advisory Committee meeting be approved. 5. Delegations and Presentations- Tracy Davies Southridge school. 6. General Business & Reports - none 7. Correspondence - grant application from Theatre Tillsonburg. 171 Cultural Advisory Committee Meeting Minutes Wednesday, June 6th ,2018 Moved by: Josianne DeCloet and Seconded by: Terry Fleming motion Carried : all in favour Resolution #3 That the Cultural Advisory Committee approve the funding for the face painting for $198 and the additional supplies of $90. 8. Other Business 8.1 Christmasfest Sub Committee -update. Resolution #4 Moved by: Terry Fleming and Seconded by: Josianne DeCloet Motion Carried : All in Favour That the Cultural Advisory Committee acknowledge and retain the name of the only person to show interest in helping with the social media aspect of Christmasfest if ever a Christmasfest committee ever be established again. 9. Round table discussion of upcoming events 10. Closed Session 11. Next Meeting The next meeting of the Cultural advisory Committee will be on Wednesday July 4th, 2018 at 5pm at the Annex 200 Broadway Street Tillsonburg. 12. Adjournment moved by : Maxwell Adam seconded by: Josianne DeCloet Resolution#4 THAT the Cultural Advisory Committee Meeting of June 6th, 2018 be adjourned at 5:45 pm. 172 = ATTENDANCE: Ann Loker John Lessif Jami Stephenson Ashley Andrews Donna Wilson 1. Call to Order The meeting was called to order at 2:05 pm. 2. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 3. Introductions of members Members introduced themselves including their backgrounds and what brought them to this committee. 4. Terms of Reference & Election of Chair The Terms of reference were reviewed and it was determined that they should stand as written. Election of the Chair: Moved By: Jami Stephenson Seconded By: John Lessif THAT Ann Loker be appointed Chair of the committee. Carried The Corporation of the Town of Tillsonburg Council Compensation Review Advisory Committee Wednesday April 18, 2018 2:00 p.m. Committee Room, Corporate 200 Broadway, 2nd Floor MINUTES 173 180418 Compensation Review MIN - 2 - 5. 1/3 tax credit Ashley Andrew, HR Manager for the Town explained the 1/3 tax credit. The original intention of the tax credit was to compensate council for their personal expenses such as mileage, phone, internet etc. Currently the Town, as do most Municipalities, provide expense compensation to Councils, therefore the Province has decided to remove this credit in 2019. The members concurred that council should be made whole and the tax credit be given back and included in their compensation. 6. Review & Discussion regarding compensation & comparators Staff provided the history of this council’s remuneration process and current comparator surveys were provided. Staff noted that in addition to the compensation provided were full benefits. It was also noted that Councillors have not had an increase in many years with the exception of the cost of living (COLA) since 2014. The Mayor position received an increase in 2010 to attempt to bring the compensation more in line with the time commitment. Members have requested additional information from staff in the form of a spreadsheet. Information to be provided: • Council compensation today if they were provided COLA since 2006. • Council compensation with the 1/3 tax credit included. • Breakdown of the benefit package and the increase in costs of benefits over time. • Staff to provide information regarding possible cost sharing for benefits and those costs. It was noted that approximately 17% of compensation is benefits. Staff to determine the last time the Mayor received an increase prior to 2010. Staff to determine the last time that Councillors received an increase in compensation other than cola. Staff to provide the County Council compensation, including expenses. Staff to provide compensation data, population, tax base and benefits details, from Leamington, Collingwood, Port Hope and Coburg. These municipalities are comparable in size. 174 180418 Compensation Review MIN - 3 - The committee’s recommendation is to appoint the Council Compensation Advisory Committee at the start of the next council and then to review compensation during the third year of the term, prior to the election year. 7. Next Meeting May 3, 2018, 2:00 pm, Annex Board Room, Corporate Office. 8. Adjournment The meeting was adjourned at 3:15 pm. 175 = ATTENDANCE: Ann Loker John Lessif Jami Stephenson Ashley Andrews Donna Wilson 1. Call to Order The meeting was called to order at 1:03 pm. Staff to adjust the minutes of April 18, 2018, to correct the spelling of John Lessif in item number 4, Election of the Chair. 2. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 3. Additional information regarding compensation & comparators Discussion took place regarding the cost of living that Councillors have received since 2006. The committee suggested that the Mayor position remain static and that the committee review the councillor compensation. The remuneration comparison was reviewed. The average is $16,600 for a councillor and based on the number of meetings and hours put in by councillors for meetings, they would spend between 178 to 240 hours a year on Town business. It was thought that the average councillor would spend 20 hours per month on town business, (with the exception of July and August). The Corporation of the Town of Tillsonburg Council Compensation Review Advisory Committee Thursday May 3, 2018 2:00 p.m. Annex Room, Corporate 200 Broadway, 2nd Floor MINUTES 176 180503 Council Remuneration Committee – MIN - 2 - Based on this review the suggested rate for the Councillor position in 2019 is $16,500.00, net with no cost of living for the first year. The Mayor position to remain at $33,534.02, net. All positions the 1/3 tax credit be added to their compensation. The 1/3 tax break will be added to the 2019 numbers. Benefits The life insurance benefit for council is a set amount of $50,000 The dependent life insurance is $10,000 for spouse and $5,000 for child. HR to find out if dependent life insurance can be made optional and if a councillor can pay the dependents premium for the plan. It was determined that the recommendation be that Councillors pay 50% of the cost of benefits, approximately $233 per month. To leave the Mayor position with full benefits paid for by the Town as this position is comparable to full time hours. Expenses It was determined that the Mayor position expenses should not exceed 10 – 15% of the gross salary. To determine what is included in the expenses and if the Mayor expenses include the china trip cost. Staff to provide the policy for council expenses and draft a new policy which removes the $130.00 per diem rate for conferences. 4. Next Meeting The next meeting is May 17, 2018 at 10:00 am. 5. Adjournment The meeting was adjourned at 3:15 pm. 177 = ATTENDANCE: Ann Loker John Lessif Jami Stephenson Ashley Andrews Donna Wilson 1.Call to Order The meeting was called to order at 10:00 am. 2.Minutes of the Previous Meeting Minutes of the Council Compensation Review Advisory Committee of May 3, 2018. Minutes were reviewed and comments recorded below, under section 4. 3.Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4.Review & Discussion regarding compensation/benefits Life insurance is not optional and the dependents life is not optional as well, however the cost can be paid by individual councillors. Benefits can be paid by councillors however the package is static. At the last meeting it was thought that Councillors pay 50% of the cost of benefits, approximately $233 per month. It was thought that it would be more reasonable for council to pay 30% of the health and dental premium at a rate of $138.59 which will be optional. The Corporation of the Town of Tillsonburg Council Compensation Review Advisory Committee Thursday May 17, 2018 10:00 a.m. Annex Room, Corporate 200 Broadway, 2nd Floor MINUTES 178 180517 Council Compensation Committee – MIN - 2 - Mayor’s expenses: The home phone line and the internet expenses should be removed from the Mayor’s expenses. The Mayor’s expenses should not exceed 20% of the gross salary and anything over that must be approved by Council as a whole. Per diem rates to be removed from the expense policy. A council expense report should be added to the quarterly reports by Finance. To bring the report to Council at the meeting of June 25th, 2018. 5.Council Expense Policy To update the policy based on discussion above. 6. Next Meeting if Required June 18, 2018 10:00 am., Annex Boardroom. 7.Adjournment The meeting was adjourned at 10:51 am. 179 180 181 182 183 184 185 186 187 188 189 190 191 Report Title Board of Director Appointment Report No. 18-02 Author Donna Wilson, Board Secretary Meeting Type Council Meeting Meeting Date June 14, 2018 Attachments THI Correspondence Page 1 / 1 18-02 Appointment of Board of Directors RECOMMENDATION THAT Council supports the appointment of ________________, ________________, __________________, __________________, _________________, _________________, as Directors for Tillsonburg Hydro Inc. until the 2018 Annual General Meeting; AND THAT ______________________, be appointed as the Shareholder Representative; AND FURTHER THAT this resolution be forwarded to the Tillsonburg Hydro Inc. Annual General Meeting scheduled for June 26, 2018. PURPOSE This report is to provide the Shareholder with information regarding appointments for the Board of Directors of Tillsonburg Hydro Inc. BACKGROUND The role of the shareholder is to appoint Directors for the Tillsonburg Hydro Board during the Annual General Meeting each year. The ad for the Tillsonburg Hydro Inc. Annual Meeting of the Shareholders went in the paper on May 18th and May 23rd, 2018. One resume was received from William R Cannon (Bill) for a Board of Director position which was provided to Council through email for review. The recommendation from the Tillsonburg Hydro Inc. Board of Directors for appointments by the Shareholder at the Annual General Meeting of Tillsonburg Hydro Inc. on June 26, 2018 is attached for your consideration. 192 193 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4201 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Section 1 to By-Law 3701, “Definitions ” be amended as follows: Delete “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations. Addition “Pedestrian crossover” means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations pursuant to the Highway Traffic Act, as amended. 2. THAT Schedule 16 to By-Law 3701,” Pedestrian Crossovers” be amended by adding the pedestrians crossover as follows: PEDESTRIAN CROSSOVERS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Quarter Town Line At the Intersection with Glendale Drive Quarter Town Line At the intersection with South Ridge Road Quarter Town Line 106 m South of Dereham Drive Quarter Town Line At the East leg of Veteran’s Walkway 3. THAT Schedule 17(b) to By-Law 3701,Section 34 “Higher and Lower Speed Limits” be amended as follows: Delete SCHEDULE 17(b) LOWER SPEED LIMITS COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 119m North of Langrell Avenue 216 m South of Highway #19 40 km/hr Quarter Town Line 363m North of Brock St. West Beech Street 40 km/hr Quarter Town Line 150 m North of Dereham Drive 150 m South of Sanders Crescent 40 km/hr 194 Addition SCHEDULE 17(b) LOWER SPEED LIMITS COLUMN 1 HIGHWAY COLUMN 2 FROM COLUMN 3 TO COLUMN 4 LOWER RATE OF SPEED Quarter Town Line 6 m North of Fairway Hills Blvd 104 m North of Glendale Drive 40 km/hr September 1 – June 30 – When Flashing 8:00 a.m. - 8:45 a.m., 11:30 a.m.- 12:30 p.m., 2:45 p.m. - 3:30 pm Quarter Town Line 110 m North of Langrell Avenue 150 m North of North Town Limits 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m.- 2:00 p.m., 3:15 p.m. - 4:00 pm Quarter Town Line 60 m South of Sanders Crescent 150 m North of Dereham Drive 40 km/hr September 1 – June 30 – When Flashing 8:15 a.m. - 9:15 a.m., 1:00 p.m.- 2:00 p.m., 3:15 p.m. - 4:00 pm 4. That Schedule 1 to Bylaw 3701 “No Stopping” be amended as follows: Delete SCHEDULE 1 NO STOPPING COLUMN1 HIGHWAY COLUMN 2 SIDE COLUMN 3 FROM COLUMN 4 TO COLUMN 5 TIME OF DAY Quarter Town Line West 15 m South of Esseltine Drive 115 m North of Esseltine Drive Sept 1-Jun 30 Mon – Fri 8 am – 9 am 3 pm – 4pm Quarter Town Line East 30 m South of Esseltine Drive 15 m North of Esseltine Drive Sept. 1-Jun 30 8 am-9 am 3 pm – 4pm Addition SCHEDULE 1 NO STOPPING COLUMN1 HIGHWAY COLUMN 2 SIDE COLUMN 3 FROM COLUMN 4 TO COLUMN 5 TIME OF DAY Quarter Town Line West 17 m North of Dereham Drive Esseltine Drive Sept 1-Jun 30 Mon – Fri 8 am – 9 am 3 pm – 4pm Quarter Town Line East Sanders Crescent 19 m North of Dereham Drive Sept. 1-Jun 30 8 am-9 am 3 pm – 4pm Dereham Drive North Quarter Town Line 17 m West of Quarter Town Line Anytime Dereham Drive South Quarter Town Line 20 m West of Quarter Town Line. Anytime Dereham Drive North Quarter Town Line 17 m East of Quarter Town Line Anytime Dereham Drive South Quarter Town Line 22 m East of Quarter Town Line Anytime 195 Read a first and second time this ______ day of____________, 2018. Read a third time, passed, signed, sealed and numbered 4201 this _____day of __________ 2018 ________________________________ Mayor Stephen Molnar _______________________________ Town Clerk – Donna Wilson 196 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4202 A BY-LAW to appoint a Joint Compliance Audit Committee WHEREAS Section 88.37 of the Municipal Elections Act, 1996 requires municipalities to appoint Compliance Audit Committees to deal with matters regarding election campaign finances before October 1 in an election year; AND WHEREAS the Township of Norwich, Township of Southwest Oxford, Township of Zorra, Township of East Zorra-Tavistock, Township of Blandford- Blenheim, Town of Tillsonburg, City of Woodstock and the Town of Ingersoll deem it expedient to establish a Joint Compliance Audit Committee. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF INGERSOLL ENACTS AS FOLLOWS: 1. THAT a Committee, to be known as the Joint Compliance Audit Committee, is hereby established to deal with the matters provided for in Section 88.33 to 88.36 of the Municipal Elections Act, 1996. 2. THAT the Joint Compliance Audit Committee shall consist of Carol Symons, Brenda Junker, David Morris, David Hodgson and Keith Reibling and will be utilized to deal with each compliance audit request in accordance with the Terms of Reference attached hereto as Schedule “A”. 3. THAT the business of the Joint Compliance Audit Committee be conducted in accordance with the Terms of Reference set out in Schedule “A” attached hereto, which shall form part of this By-law. 4. AND THAT this By-law shall come into full force and take effect on the day of passage. READ a first and second time this 14th day of June, 2018. READ a third and final time and passed this 14th day of June, 2018. ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson 197 By-Law 4202 SCHEDULE “A” TERMS OF REFERENCE FOR JOINT COMPLIANCE AUDIT COMMITTEE MANDATE The powers and functions of the Committee are set out in Section 88.33 to 88.36 of the Municipal Elections Act, 1996. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected; If the application is granted, the Committee shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances; The Committee will review the auditor’s report within 30 days of receipt and decide whether legal proceedings should be commenced; and If the auditor’s report indicates that there were no apparent contraventions and if it appears that there were no reasonable grounds for the application, the Committee shall advise Council accordingly. Within 30 days after receipt of a report from the Clerk of any apparent over-contributions to candidates or third-parties (“report of the Clerk”), the Committee shall consider the Clerk’s report and decide whether legal proceedings should be commenced. COMPOSITION As in Section 88.37 (2) of the Municipal Elections Act: The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; (c) any persons who are candidates in the election for which the committee is established; or (d) any persons who are registered third parties in the municipality in the election for which the committee is established. TERM The term of the Committee is coterminous with that of Council. CHAIR At the orientation meeting the Committee shall select one of its Members to act as a Chair. PROPOSED MEETING SCHEDULE The committee would be required to meet at least once to participate in an orientation session. Thereafter the Committee shall meet as needed with meetings to be scheduled by the Clerk of the municipality that receives a compliance audit request, in consultation with the Committee or when a report from the relevant Clerk is received. 198 STAFFING AND FUNDING Staff from the applicable member municipality shall provide administrative support to the Committee. The member municipality requiring the services of the Committee shall be responsible for all associated expenses of the compliance audit request that they receive. The orientation meeting costs and any costs of establishing and training the committee (mutual costs) shall be shared by the member municipalities. RECORDS The records emanating from meetings of the Joint Compliance Audit Committee shall be retained and preserved by the municipality requesting the services of the Committee in accordance with that municipality’s Record Retention By-law. MEETINGS Meetings of the Committee shall be conducted in accordance with the open meeting requirements of the provisions in the Municipal Act, 2001. The websites of the member municipalities will be utilized to communicate the meeting notices and agendas. REMUNERATION FOR EACH MEMBER $150 Per diem (plus mileage) for every day that the committee is required to meet including orientation session(s). MEMBERSHIP SELECTION Members are chosen with the intent of representation from all participating municipalities where possible. SELECTION CRITERIA Given the judicial nature of the committee, members should have accounting and audit experience, academic qualifications (college or university professors with expertise in political science or local government administration), legal professional experience, municipal experience and knowledge of campaign financing rules under the MEA, 1996. MUNICIPAL MEMBERSHIP Any participating municipality that wishes to no longer be a member may leave the group and form their own committee with 30 days’ notice. Any mutual costs of the committee up to that point will be invoiced. The joint compliance audit committee will still continue with the same terms of reference. 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4203 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 14th day of June, 2018 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on June 14, 2018, 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 14th DAY OF JUNE, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF JUNE, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 200