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190128 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, January 28, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Adoption of Agenda Proposed Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of Monday, January 28, 2019, be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council Meeting of Monday, January 14, 2019, be approved. 7.Presentations 8.Public Meetings 8.1 Application for Zone Change - ZN 7-18-11 - K.D. Heckford Developments Inc. (Tillsonburg Developments Inc.) - 87, 89, 91, 93, 95, and 97 Sanders Crescent Proposed Resolution #3 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council approve the zone change application (ZN 7-18-11) submitted by K.D. Heckford Developments Inc. (Tillsonburg Developments Inc.), to amend the existing 'Low Density Residential - Type 2 Holding Zone (R2)' to vary several development standards for six vacant lots along Sanders Crescent to facilitate the construction of single detached dwellings. 9.Planning Applications 10.Delegations 10.1 Station Arts Centre Presented by: Gale Connor, President, Station Arts Centre Proposed Resolution #4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the delegation from Gale Connor, President of the Station Arts Centre, as information. 11.Deputation(s) on Committee Reports 12.Information Items 12.1 Correspondence - Trans Canada Trail Proposed Resolution #5 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Trans Canada Trail, as information. Page 2 of 315 12.2 Correspondence - Ontario Good Roads Association Board of Directors Update Proposed Resolution #6 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Ontario Good Roads Association, as information. 12.3 Correspondence - BIA Appointment Proposed Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive the correspondence from the BIA, as information; AND THAT a By-Law be brought forward to appoint the BIA for Council Consideration. 12.4 Correspondence - Regional Government Review Proposed Resolution #8 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Correspondence from Minister Clark regarding Regional Government Review be received, as information. 12.5 Correspondence - Town of Ingersoll Proposed Resolution #9 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Town of Ingersoll, as information. 12.6 Correspondence - Letter to Heads of Council Bill 66 Proposed Resolution #10 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive the correspondence from Minister Clark regarding Bill 66, as information. Page 3 of 315 12.7 Correspondence - Township of Zorra Resolution Proposed Resolution #11 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Township of Zorra, as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 19-02 - Master Service Agreement Proposed Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive report CAO 19-02 Master Service Agreement between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc., as information; AND THAT the Master Service Agreement between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. be approved and effective January 28, 2019 to December 31, 2023; AND THAT a By-law be brought forward for Council consideration. 13.2 Clerk's Office 13.3 Development and Communication Services 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-01 - Airport Building Permits Proposed Resolution #13 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive Report OPS 19-01 Airport Building Permits; AND THAT the matter be referred to the Airport Advisory Committee for Page 4 of 315 review and comment prior to the matter being brought to Council for consideration. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-06 - Awarding Sole-source Contract to Install LNG Refill Station at TCC Proposed Resolution #14 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 19-06 – Awarding Sole-source Contract to Install LNG Refill Station at TCC; AND THAT Council approves the sole-source installation at the Tillsonburg Community Centre of a Coltri Arena Compressor Package by Hi-Tech Fuel Systems (London) at the quoted price of $38,977.78 before applicable taxes. 13.7.2 RCP 19-05 - Tillsonburg District Craft Guild MOU Renewal Proposed Resolution #15 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-05 – Tillsonburg District Craft Guild MOU Renewal; AND THAT Council appoints the Director of Recreation, Culture & Parks as the liaison between the Town and the Guild; AND THAT a by-law to authorize the MOU be brought forward for Council consideration. 13.7.3 RCP 19-07 - 2018 RCP Departmental Activity Reports Proposed Resolution #16 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-07 – 2018 RCP Departmental Activity Reports, as information. 14.New Business Page 5 of 315 15.Consideration of Committee Minutes 15.1 Council Advisory Committee Minutes Proposed Resolution #17 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receive the Heritage, Beautification and Cemetery Advisory Committee minutes dated January 10, 2019, as information. 15.2 BIA Proposed Resolution #18 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receive the BIA minutes dated January 16, 2019, as information. 16.Motions/Notice of Motions 17.Resolutions 17.1 Landfill Developments WHEREAS municipal governments in Ontario do not have the right to approve landfill projects in their communities, but have authority for making decisions on all other types of development; AND WHEREAS this out-dated policy allows private landfill operators to consult with local residents and municipal Councils, but essentially ignore them; AND WHEREAS Ontario’s proposed “Made-in-Ontario Environment Plan” states that the province will grant municipalities a “greater say in siting of landfills”; AND WHEREAS municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities, whether to host cannabis retail in their communities, AND FURTHER that the province has recognized the value of municipal approval for the siting of power generation facilities; AND WHEREAS the recent report from Ontario’s Environmental Commissioner has found that Ontario has a garbage problem, particularly from Industrial, Commercial and Institutional (ICI) waste generated within the City of Toronto, where diversion rates are as low as 15%; AND UNLESS significant efforts are made to increase recycling and diversion rates, a new home for this Toronto garbage will need to be found, as landfill space is filling up quickly; Page 6 of 315 AND WHEREAS municipalities across Ontario are quietly being identified and targeted as potential landfill sites for future Toronto garbage by private landfill operators; AND WHEREAS other communities should not be forced to take Toronto waste, as landfills can contaminate local watersheds, air quality, dramatically increase heavy truck traffic on community roads, and reduce the quality of life for local residents; AND WHEREAS municipalities should be considered experts in waste management, as they are responsible for this within their own communities, and often have decades’ worth of in-house expertise in managing waste, recycling, and diversion programs; AND WHEREAS municipalities should have the exclusive right to approve or reject these projects, and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns; Proposed Resolution #19 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Town of Tillsonburg receives the correspondence from the Town of Ingersoll as information; AND THAT the Town of Tillsonburg calls upon the Government of Ontario, as part of its “Made-in-Ontario Environment Plan” to formally entrench the right of municipalities to approve or reject landfill projects in or adjacent to their communities; AND THAT in the case of a two-tier municipality, the approval be required at both the upper-tier and affected lower-tier municipalities; AND FURTHER THAT the Town of Tillsonburg encourage all other municipalities in Ontario to consider this motion calling for immediate provincial action; AND THAT the MOTION adopted by Council be forwarded to the DEMAND THE RIGHT COALITION OF ONTARIO MUNICIPALITIES. Page 7 of 315 18.By-Laws 18.1 By-Law 4253 - Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-18-11, K.D. Heckford Developments) 18.2 By-Law 4258 - To Authorize a Master Service Agreement with THI 18.3 By-Law 4259 - To Authorize a Memorandum of Understanding with Tillsonburg District Craft Guild 18.4 By-Law 4260 - To Appoint Directors to the Board of Management of the BIA 18.5 By-Law 4262 - To Appoint Directors to the Town of Tillsonburg Non-Profit Housing Board 18.6 By-Law 4264 - To Authorize an Agreement with the Province of Ontario for the purpose of receiving funds from the Dedicated Gas Tax Funds for Public Transportation Program Proposed Resolution #20 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT By-Law 4253 Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-18-11, K.d. Heckford Developments); and By-Law 4258 To Authorize a Master Service Agreement with Tillsonburg Hydro Inc; and By-Law 4259 To Authorize a Memorandum of Understanding with Tillsonburg District Craft Guild; and By-Law 4260 To Appoint Directors to the Board of Management of the BIA; and By-Law 4262 To Appoint Directors to the Town of Tillsonburg Non-Profit Housing Board; and By-Law 4264 To Authorize an Agreement with the Province of Ontario for the purpose of receiving funds from the Dedicated Gas Tax Funds for Public Transportation Program, 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. Page 8 of 315 18.7 By-law 4251 - A Schedule of Fees for certain Municipal applications, service and permits. Proposed Resolution #21 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT By-Law 4251 A Schedule of Fees for certain Municipal applications, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Confirm Proceedings By-law Proposed Resolution #22 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT By-Law 4261, to Confirm the Proceedings of the Council meeting held on January 28, 2019, 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.Items of Public Interest 21.Adjournment Proposed Resolution #23 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, January 28, 2019, be adjourned at 7:29 p.m. Page 9 of 315 1 MINUTES Monday, January 14, 2019 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Councillor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Amelia Jaggard, Legislative Services Coordinator _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into Closed Session at 5:00 p.m. to consider personal matters about an identifiable individual, including Town employees; (Union Negotiations) (Citizen Appointment to Committees). Carried Page 10 of 315 2 3. Adoption of Agenda Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Council meeting of Monday, January 14, 2019, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Council requested the minutes be amended under item 10.1 to replace "runway" with "taxiway." Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker AND THAT the Minutes of the Council meeting of Monday, December 10, 2018 be approved, as amended. Carried 7. Public Meetings 8. Planning Applications 9. Presentations 10. Delegations 10.1 Tillsonburg Horticultural Society Presentation Christine Nagy presented a delegation regarding the Tillsonburg Horticultural Society. The Horticultural Society is asking that Council at least maintain or increase the budget for 2019 beautification projects. Opportunity was given for comments and questions from Council. Page 11 of 315 3 Resolution # 4 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive Tillsonburg Horticultural Society Presentation, as information. Carried 10.2 Tillsonburg Rowing Club Position Statement Sharon Howard, President of the Tillsonburg Rowing Club and Angela Newson, Vice President of the Tillsonburg Rowing Club presented a delegation regarding the condition of the Tillsonburg Rowing Club storage space at Summer Place building. Mr. Tamasi, past President of the Tillsonburg Rowing Club, was also in attendance. The Tillsonburg Rowing Club is requesting Council to address the structural issues of the Summer Place building to maintain the habitability of the space by the club. Opportunity was given for comments and questions from Council. Resolution # 5 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Tillsonburg Rowing Club Position Statement, as information; AND THAT this information be referred to the 2019 budget deliberations. Carried Page 12 of 315 4 11. Correspondence from Committees 11.1 Letter - Development Committee - New Economic Evaluation Model Resolution # 6 Moved By: Councillor Luciani Seconded By: Councillor Beres THAT Council receive the correspondence from the Development Committee regarding a new economic evaluation model, as information; AND THAT the correspondence be referred to staff. Carried 11.2 Letter - Development Committee - Highway 3 Business Park Naming Staff to consult with the existing industrial stakeholders on the north side of Highway 3 regarding the new name. Resolution # 7 Moved By: Councillor Beres Seconded By: Councillor Luciani THAT Council receive the correspondence from the Development Committee regarding the naming of the Highway 3 Business Park dated December 11, 2018; AND THAT Council adopt the name “Van Norman Innovation Park (VIP)” as the new name to market the industrial park; AND FURTHER THAT the name “Van Norman Innovation Park (VIP)” apply to the industrial park on both sides of Highway 3. Carried 12. Information Items Page 13 of 315 5 13. Mayor's Report 13.1 MYR 19-01 - CAO Performance Evaluation Resolution # 8 Moved By: Councillor Beres Seconded By: Councillor Luciani THAT Council receives MYR 19-01 CAO Performance Evaluation 2018, as information; AND THAT Council establishes and appoints a CAO Performance Review Committee; AND THAT Council appoints Mayor Molnar, Penny Esseltine and Chris Rosehart to the CAO Performance Review Committee; AND FURTHER THAT Council approves the proposed 2018 CAO Performance Evaluation Process as outlined in MYR 19-01. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 19-01 - Cannabis Retailing in Tillsonburg Staff to provide number of by-law charges laid for smoking violations in 2018. Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive report CAO 19-01 Retail Cannabis in Tillsonburg; AND THAT the Town of Tillsonburg not “opt out” of having cannabis retails stores located in the Town of Tillsonburg. Carried Page 14 of 315 6 14.1.2 CAO-HR 19-01 Results of Collective Bargaining Negotiations with the Power Workers' Union, CUPE Local 1000 Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive report CAO – HR – 19-01 Results of Collective Bargaining Negotiations with the Power Workers’ Union, CUPE Local 1000; AND THAT Tillsonburg Council approve and ratify the Memorandum of Agreement dated December 15, 2018, between the Town of Tillsonburg and the Power Workers’ Union, Canadian Union of Public Employees, (CUPE) Local 1000, in order to effect the first collective agreement for the bargaining unit; AND THAT Tillsonburg Council authorizes the public release of the Memorandum of Agreement upon approval and ratification. Carried 14.2 Clerk's Office 14.2.1 CLK 19-01 - Council Appointments to Boards and Committees Staff to notify newly appointed committee members. Motion Moved by: Councillor Esseltine Seconded by: Councillor Parker THAT additional members be recruited for the Cultural, Heritage and Special Awards Committee, namely a representative of the Tillsonburg District Craft Guild (culture), a representative of the Historical Society and/or Museum (heritage), as well as the Chamber of Commerce or community leaders (special awards) for the 2019-2022. Carried. Page 15 of 315 7 Motion Moved by: Councillor Esseltine Seconded by: Councillor Parker THAT the following be included in the Terms of Reference for all Council Committees; • Provide advice with regard to the Community Strategic Plan; • Set out a clear plan for goals for the committee for the term; • Liaise with other committees or organizations with overlapping roles and responsibilities. Carried. Resolution # 11 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives Report CLK 19-01 Council Appointments to Board & Committees; AND THAT a By-Law to appoint committee members be brought forward for Council consideration. Carried 14.2.2 CLK 19-02 - Councillor Appointments to Boards and Committees Resolution # 12 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report CLK 19-02, Councillor Appointments to Boards & Committees; THAT the following appointments to Tillsonburg Advisory Committees shall be for the 2018-2022 term of council; THAT Pete Luciani be appointed to the Accessibility Advisory Committee; AND THAT Penny Esseltine be appointed to the Cultural, Heritage and Special Awards Advisory Committee; Page 16 of 315 8 AND THAT Deb Gilvesy be appointed to the Economic Development Advisory Committee; AND THAT Chris Rosehart be appointed to the Memorial Park Revitalization Advisory Committee; AND THAT Chris Rosehart be appointed to the Museum Advisory Committee; AND THAT Penny Esseltine be appointed to the Parks Beautification & Cemeteries Advisory Committee; AND THAT Chris Parker be appointed to the Recreation & Sports Advisory Committee; AND THAT Deb Gilvesy be appointed to the Tillsonburg Airport Advisory Committee: AND THAT Pete Luciani be appointed to the Tillsonburg Transit Advisory Committee. Carried Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the following appointments to Ad Hoc Committees and affiliated organizations shall be for the 2018-2022 term of council; THAT Stephen Molnar, Dave Beres and Penny Esseltine be appointed to the Physician Recruitment Committee; AND THAT Stephen Molnar and Penny Esseltine be appointed to the Town Hall Project Steering Committee; AND THAT Stephen Molnar, Pete Luciani and Dave Beres be appointed to the Otter Valley Corridor Committee: AND THAT Chris Parker be appointed to the Tillsonburg Non Profit Housing Corporation; Page 17 of 315 9 THAT Deb Gilvesy be appointed to the Business Improvement Area Board; AND THAT Stephen Molnar and Chris Rosehart be appointed to the Police Service Board; Carried Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the following appointment to the Police Service Board shall be for a two year term: THAT Larry Scanlan be appointed to the Police Service Board until December 31, 2020. Carried Resolution # 15 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Dave Beres be appointed to Tillsonburg Hydro Inc. Board of Directors until the 2019 Annual General Meeting. Carried 14.2.3 CLK 19-03 - Policy for Boards and Committees Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report CLK 19-03 Policy for Board & Committees; AND THAT By-Law 4249 to authorize the policy be brought forward for Council consideration. Carried 14.3 Development and Communication Services Page 18 of 315 10 14.4 Finance 14.4.1 FIN 19-01 - 2019 Interim Tax Levy By-Law Resolution # 17 Moved By: Councillor Luciani Seconded By: Councillor Beres THAT Council receives report FIN19-01 2019 Interim Tax Levy By- Law 4248; AND THAT the 2019 Interim Levy By-Law No. 4248 be brought forward for Council consideration. Carried 14.5 Fire and Emergency Services 14.6 Operations 14.7 Recreation, Culture & Park Services 14.7.1 RCP 18-44 - Soccer Club Fence Funding Source Change Resolution # 18 Moved By: Councillor Luciani Seconded By: Councillor Beres THAT Council receives Report RCP 18-44 – Soccer Club Fence Funding Source Change; AND THAT Council authorize the balance of $16,200 outstanding on the wayward ball fence installation project be funded from reserves instead of from a contribution from the Tillsonburg Minor Soccer Club. Carried 15. New Business Page 19 of 315 11 16. Consideration of Committee Minutes Resolution # 19 Moved By: Councillor Beres Seconded By: Councillor Luciani THAT Council receive the Development Committee minutes dated November 13, 2018 and December 11, 2018, and the Airport Advisory Committee minutes dated September 11, 2018 and November 26, 2018, and the Heritage, Beautification and Cemetery Advisory Committee minutes dated December 6, 2018, and the Museum Advisory Committee minutes dated December 20, 2018, and the Long Point Region Conservation Authority minutes dated November 19, 2018, as information. Carried 17. Motions/Notice of Motions 17.1 Notice of Motion - Councillor Gilvesy - Capital Budget Project X92 SAG - Station Arts Building and Building Code Compliance Motion Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT Council waive the notice requirements contained in section 6.10 of Procedural By-law 4173 prior to the motion noted below being introduced and dealt with at tonight's Council meeting. Defeated. Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council review and discuss the following documentation regarding Capital Budget Project X92 SAG - Station Arts Building and Building Code Compliance: 1. Facility Condition Assessment Report - Station Arts Building 2. Unsafe Building Order - UBO-10-15-2018 - Tillsonburg Station Arts Centre Deferred to the Council Budget Meeting on Monday, January 21, 2019. Page 20 of 315 12 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 4244 To Appoint Dave Beres in the Deputy Mayor Position 19.2 By-Law 4245 To Amend By-Law 4207 and to Establish the Rate of Remuneration for the Deputy Mayor 19.3 By-Law 4247 To Define the Mandate and Membership for Committees Established By The Corporation of the Town of Tillsonburg 19.4 By-Law 4249 to Adopt the Policy for Boards & Committees of Council, to Define the Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg 19.5 By-law 4248 - To Provide for an Interim Tax Levy for the Year 2019 Resolution # 21 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 4244 To Appoint Dave Beres in the Deputy Mayor Position; and By-Law 4245 To Amend By-Law 4207 and to Establish the Rate of Remuneration for the Deputy Mayor; and By-Law 4247 To Adopt the Policy for Boards & Committees or Council; and By-Law 4249 To Adopt a Policy for Boards & Committees and To Define the Meeting Procedures for Committees established By The Corporation of the Town of Tillsonburg; and By-Law 4248 To Provide for an Interim Tax Levy for the Year 2019, 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 Page 21 of 315 13 20. Confirm Proceedings By-law Resolution # 22 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 4252, to Confirm the Proceedings of the Council meeting held on January 14, 2019, 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 Council Budget Meetings are as follow; • Thursday, January 17, 2019 9:00 a.m. to 4:00 p.m. • Monday, January 21, 2019 5:00 p.m. to 9:00 p.m. • Thursday, January 24, 2019 5:00 p.m. to 9:00 p.m. National Ringette League game in Tillsonburg on Saturday, January 19, 2019. Tillsonburg Lions Club annual fish fry is on Wednesday, February 13, 2019. Christmas trees still at curb side can be taken to the transfer station. Walk for Memories Tillsonburg is on Saturday, January 19, 2019 10:00 a.m. to 12:00 p.m. 22. Adjournment Resolution # 23 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Monday, January 14, 2019, be adjourned at 8:05 p.m. Carried Page 22 of 315 Page 1 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-18-11 – K. D. Heckford Developments Inc. (Tillsonburg Developments Inc.) REPORT HIGHLIGHTS  The application for zone change proposes to amend the existing ‘Low Density Residential – Type 2 Holding Zone (R2)’ to vary several development standards for six vacant lots along Sanders Crescent to facilitate the construction of single detached dwellings.  Agency circulation resulted in no concerns with the proposed amendments.  Planning staff are supportive of the proposed amendments as they are generally consistent with the Provincial Policy Statement, and are in keeping with the policies contained in the Official Plan respecting low density residential development. DISCUSSION BACKGROUND OWNER: K. D. Heckford Developments Inc. 213 Tillson Avenue, Tillsonburg ON N4G 3B3 APPLICANT: Tillsonburg Developments Inc. 2 Esseltine Drive, P.O. Box 158 Tillsonburg ON, N4G 4H5 LOCATION: The subject lands are described as Lots 3-8, Plan 41M-241, Town of Tillsonburg. The subject lands are located on the north side of Sanders Crescent, lying between Arnold Street and Denrich Avenue and are municipally known as 87, 89, 91, 93, 95 & 97 Sanders Crescent, in the Town of Tillsonburg. Page 23 of 315 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 Page 2 COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: ‘Low Density Residential – Type 2 Zone (R2)’ Requested Zoning: ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ PROPOSAL: The application for zone change proposes to rezone the subject lands from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to modify a number of number of site specific development standards that apply to the subject lands, many of which apply to the neighbouring lands to the west, currently zoned ‘Special Low Density Residential – Type 2 (R2-15)’. Specifically, the applicant is requesting the following site specific development provisions to facilitate the construction of one single detached dwelling for each of the six parcels affected by the application;  an increase to the maximum lot coverage from 40% to 45% lot area;  a reduction to the minimum required rear yard depth from 7.5 m (24.6 ft) to 6 m (19.69 ft);  a reduction to the minimum required exterior side yard width from 6 m (19.69 ft) to 4.5 m (14.76 ft), and;  an increase to the permitted projection for a covered deck, patio or porch into a required rear yard from 1.5 m (4.92 ft) to 3 m (9.8 ft), as well as;  a reduction to minimum front yard depth requirement from 7.5 m (24.6 ft) to 6 m (19.69 ft). The subject lands consist of six lots for single detached dwellings, fronting on Sanders Crescent, with an average lot area of 452.1 m2 (4,866.4 ft2). The subject lands are currently vacant and surrounding land uses are predominately single detached dwellings, Plate 1, Location Map with Existing Zoning, indicates the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands as they existed in 2015. Plate 3, Applicant’s Sketch, shows configuration of the lots subject to the zone change, as provided by the applicant. Application Review 2014 PROVINCIAL POLICY STATEMENT Section 1.1.2 of the Provincial Policy Statement (PPS) directs that sufficient land shall be made available through intensification, redevelopment and if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. Page 24 of 315 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 Page 3 Section 1.4.1 of the PPS sets out policies which are intended to provide for an appropriate range of housing types and densities required to meet projected requirements of current and future residents. To accommodate this, planning authorities shall maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification, redevelopment and if necessary, lands which are designated and available for residential development. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements;  directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and  establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. Section 1.6 of the PPS also directs municipalities to efficiently utilize existing infrastructure and public service facilities prior to the establishment of new facilities. OFFICIAL PLAN The subject lands are designated ‘Low Density Residential’ according to the Town of Tillsonburg Residential Density Plan, as contained in the County of Oxford Official Plan. Within areas designated ‘Low Density Residential’, a variety of low-rise, low density housing forms including single detached, semi-detached, duplex, converted dwellings, quadraplexes and townhouses are permitted. It is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. For ‘Low Density Residential’ areas, the maximum net residential density is 30 units per hectare (12 units per acre) and the minimum net residential density is 15 units per hectare (6 units per acre). The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. The policies of Section 8.2.2.2 (Tenure Mix) provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. Page 25 of 315 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 Page 4 ZONING BY-LAW The subject lands are currently zoned ‘Low Density Residential – Type 2 Zone (R2)’ in the Town’s Zoning By-law, which allows for the development of a range of low density residential development including single detached dwellings, semi-detached dwellings, and duplex dwellings. The ‘R2’ zone also establishes minimum lot frontage and area provisions for the development of single detached dwellings, and requires the development of a single detached dwellings to meet several development standards, including; a minimum 7.5 m (24.6 ft) front and rear yard depth, a minimum 7.5 m (24.6 ft) exterior side yard width and a maximum lot coverage of 40% of lot area. The ‘R2’ zone is also subject to the Permitted Projections into Required Yard provisions of Table 5.37.1 of the Zoning By-law, which permits a covered deck, patio or porch to project into a required rear yard 1.5 (4.92 ft). The applicant is proposing to amend these provisions to reduce the required yard setbacks and to increase the maximum lot coverage allowances. Specifically, the applicant has requested the following amendments to the ‘R2’ zone;  a reduction to the minimum required rear yard depth from 7.5 m (24.6 ft) to 6 m (19.69 ft);  a reduction to minimum front yard depth requirement from 7.5 m (24.6 ft) to 6 m (19.69 ft);  a reduction to the minimum required exterior side yard width from 6 m (19.69 ft) to 4.5 m (14.76 ft),  an increase to the maximum lot coverage from 40% to 45% lot area, and;  an increase to the permitted projection for a covered deck, patio or porch into a required rear yard from 1.5 m (4.92 ft) to 3 m (9.8 ft). AGENCY COMMENTS This application has been reviewed by a number of public agencies. As of the writing of this report, no comments of concern had been received from any public agencies circulated. PUBLIC CONSULTATION Notice of the application for and notice of public meeting were circulated to surrounding property owners on December 4, 2018 and January 14, 2019. As of the date of this report, no concerns have been received regarding the proposed application. Planning Analysis The application for zone change proposes a number of amendments to the development standards of the ‘R2’ zone to facilitate the development of six single detached dwellings on Sanders Crescent that will be in keeping with the development standards of similar development in the immediate area. Specifically, these amendments propose the reduction of the required front, rear and exterior yard setbacks, as well as an increase to the maximum lot coverage and permitted projection provisions. It is the opinion of staff that the proposal is consistent with the relevant policies of the PPS as the requested amendments will facilitate the development of low density housing that will assist in accommodating current and future residential needs in the Town, and the development is considered to be an efficient use of lands, municipal services and infrastructure within a designated settlement area. The intent of these provisions is to maintain consistent development patterns on lands planned for low density development and to ensure that sufficient space is maintained on private property to account Page 26 of 315 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 Page 5 for private parking, drainage and amenity space. These provisions also assist in maintaining adequate separation between private development and the public right of way. Planning staff are satisfied that the requested amendments will facilitate the proposed development while maintaining the intent of the Zoning By-law and that they are appropriate, in this instance. Staff are satisfied that a reduction to the front and rear yard minimum depth provisions will maintain sufficient space on the subject lands to accommodate for private parking and amenity space, and no concerns were received from the Operation Services Department with regards to impact on the public right of way. In light of the foregoing, it is the opinion of this Office that the application for zone change is consistent with the policies of the PPS and is in-keeping with the Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration subject to a number of conditions. RECOMMENDATION THAT the Council of the Town of Tillsonburg approve the zone change application (ZN 7-18-11) submitted by K. D. Heckford Development Inc., to rezone the subject lands from ‘Low Density Residential Type 2 Zone (R2)’ to ‘Special Low Density Residential Type 2 Zone (R2-19)’ to include several site specific provisions related to minimum exterior side yard width, front yard depth, rear yard depth and an increase to the maximum lot coverage and permitted projections into a required rear yard to facilitate the development six single detached dwellings. SIGNATURES Authored by: Heather St. Clair, RPP, MCIP, Development Planner Approved for submission by: Eric Gilbert, RPP, MCIP, Senior Planner Page 27 of 315 Report No: CP 2018-357 COMMUNITY PLANNING Council Date: January 28, 2019 Page 6 Report Approval Details Document Title: ZN7-18-11_Heckford Development_rpt.docx Attachments: - Report Attachments.pdf - 7-18-11_appl-20181126.pdf Final Approval Date: Jan 8, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jan 8, 2019 - 11:31 AM Page 28 of 315 November 28, 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 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Subject Properties Arnold Street Sanders Crescent Victoria Way Plate 1: Location Map with Existing Zoning File No: ZN 7-18-11- K.D. Heckford Developments Inc. Lots 3, 4, 5, 6, 7, 8, Plan 41M-241, Town of Tillsonburg - 87, 89, 91, 93, 95 & 97 Sanders Crescent Denrich Avenue Page 29 of 315 November 28, 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 410 Notes NAD_1983_UTM_Zone_17N 20 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Sanders Crescent Victoria Way Arnold Street Subject Properties Plate 2: 2015 Aerial Map File No: ZN 7-18-11- K.D. Heckford Developments Inc. Lots 3, 4, 5, 6, 7, 8, Plan 41M-241, Town of Tillsonburg - 87, 89, 91, 93, 95 & 97 Sanders Crescent Page 30 of 315 :fJ_S f83H J18 ·1 .roN IZ ~ <( :c: l\.1 '1 0::: .., b.l .. a ., ) \ ,, i tl M ,(II ~.\ m N ~. \ \ "'\ '.; \ '. (v\·:~ \r:J II I~ (0\ ' \ \ . ,,. "-I ''-'' l Plate 3: Applicant's Sketch File No: ZN 7-18-11- K.D. Heckford Developments Inc. Lots 3, 4, 5, 6, 7, 8, Plan 41M-241, Town of Tillsonburg - 87, 89, 91, 93, 95 & 97 Sanders CrescentPage 31 of 315 FILE No: 1JJ 1--/<:?;-I I DATE RECEIVED: r-Jo v . z-r/t t t TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1. Registered Owner(s): Name: K. D. Heckford Developments Inc. Address: 213 Tillson Ave., Tillsonburg, On. Phone: Residence:-------- Business: (519) 842-5932 Fax: ___________ ___ Pos~ICode: ________________ _ · E-mail: kirby@tillsonburgglass.com Applicant (if other than registered owner): Name: Tillsonburg Developments Inc. Address: 2 Esseltine Drive, P. 0. Box 158 Tillsonburg, ON. Phone: Residence:-------- Business: (519) 688-5937 Fax: (519) 688-5320 Pos~l Code: N4G 4H5 E-mail: dbradley@tillsonburgdevelopmentsinc.ca ---------------------- Solicitor or Agent (if any): Name: Tillsonburg Developments Inc. Address: 2 Esseltine Drive, P. 0. Box 158 Tillsonburg, ON. Phone: Business: (519) 688-5937 Fax: (519) 688-5320 Pos~ICode:~N~4~G_4~H~5~---------E-mail: dbradley@tillsonburgdevelopmentsinc.ca All communications will be sent to those listed above. If you do not wish correspondence to be sent to the 0 Owner, 0 Applicant, or 0 Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): Not Applicable 2. Subject Land(s): a) Location: Municipality Town of Tillsonburg Concession No . ...,..------------ former municipality--------------- Lot(s) 3, 4, 5, 6, 7, 8 Registered Plan No. _4_1_M_-2_4_1 _______ _ Reference Plan No.----------- Lot(s) ----------------- Part(s) ----------------- The proposed lot is located on the _N_ort_h _______ _ _ ___ ....;_ ______ Street, lying between Arnold b) Official Plan Designation: ----~--------------~ Existing: It@ Lov 0~>-·~ R.e!-.>ic!C::votvc::J.. Proposed: S ~--'- If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford? 00 No 0 Yes FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE N(}J· ~112 PIN dO 0Boo'6tabtJ1S'&3" REV.APR16 Page 32 of 315 TOWN OF TILLSONBURG APPLICATION FOR.ZONE CHANGE Page 2 c) Zoning: 1-'resem: R2single Family Residential Proposed: R 2. -\S --t ~o::\.tce d) Uses: Present Vacant Residential Building Lot Proposed: (Include description) ..:.R..::e:.:s::::id:.:e:.:..n:.:..ti=ai~B:.:u:.::il:.::d.::.in:.;:!g~L:.:o:.:t ___________________ _ 3. Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands, please supply the following information: Existing/Proposed Use: Date Constructed (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line 1&1 None Existing ·Building 1 0 None Proposed Building 2 Single family residential dwelling To be set based on Zone Change Application Approval To bwe detrermlned based on Zone Changhe Application In aeeordan~ with the prtopsed zone ehange appficvation provisions In acc;ordance with the prtopsed zone change applicvation prov;sions In aCCOJdance Yfith the prtopsed zone change applicvation provisions Please complete for residential, commercial/industrial or institutional uses. ---·· ---------·--------------· TYPE Apt., semi, townhouse. retail, restaurant, church, etc. ----·---#OF UNITS ·-CONVERSION/ADDITION TO EXlSTING BUILDING ---·-Describe ---··· ----TOTAL # OF UNITS/BEDS ·---------FLOOR AREA by dwelling unit or by type (office, retail common rooms, etc.) ----OTHER FACILITIES (playground, underground parking, pool, etc.) ----------------# OF LOTS (for subdivision) -------·-----SEATING CAPACITY (for restaurant, assembly hall, etc.) --#OF STAFF --·--·· -OPEN STORAGE REQUIRED? -··--------ACCESSORY RESIDENTIAL USE? 4. Site Information (proposed use(s): Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard RESIDENTIAL COMMERCIAL/ INSTITUTIONAL INDUSTRIAL Detached residential dwelling N/A N/A ------NIA __________ 1 per lot N/A --·· ------- N/A N/A N/A Mixture ofElungalow,-------------------··-·----- main floor maaster & 2 Storey N/A N/A dwellings ------·---·-·------N/A N/A ---·---------··-·------------··--··-----(),yelling design & Sq. Footage to be completed upon approval of zone change application. Size vartes by lot SIZe. N/A N/A ·----------------located within existing subdivision. N/A N/A ----------NiA-----··------6 in-fill lots within existing plan. N/A .. ·----· . ·-------·---·--------- ·--- N/A N/A ------1---· N/A N/A -· -·--------N/A N/A If accessory residential use, N/A complete residential section Exterior Side Yard (corner lot) Landscaped Open Space(%) No. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width N/A ---- N/A N/1~----------- If accessory residential use, complete residential section Page 33 of 315 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 5. Services: (check appropriate box) Water supply Publicly owned and operated piped water system Privately owned and operated individual well Other (specify) ________ _ Sewage Disposal Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify)--------- Storm Drainage 6. Access: Municipal Sewers Municipal Drains Ditches Swales 0 1&1 Provincial Highway County Road 0 Unopened Road Allowance Municipal Road maintained all year Municipal Road seasonally maintained 7. Generallnformatlon: 0 Right-of-Way owned by lill Other (specify) 0 Page 3 Existing Proposed ll!l 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? 1&1 No 0 Yes If yes, has an Application been flied with the Conservation Authority? 0 No 0 Yes b) Present land use(s) of adjacent properties: Single Family Residential Building Lots with similar zone change as applied for herein. c) Characteristics of subject land {check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? II No 0 Yes If yes, describe ------------------------ (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? Iii No 0 Yes If yes, describe former use: 8. Hlstoricallnformation: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? l&l No 0 Yes -> Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Ministe(s Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? 0 No l&l Yes-> 0 Unknown File No.------ Approved plan of subdivision under Plan 41M-241 Status/Decision---------- c) If known, the date the subject land was acquired by the owner? May 30th, 2018 d) If known, the length of time that the existing uses of the subject land have continued? Unknown Prior to subdivision land used as agricultural Page 34 of 315 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 4 r ..................................................................... A.ut'ilo·;:iZ'ati.oil.ofowiler(&Yfor .. A·p·p·irc:antiA9enfto .. Niak'e .. tt1e'1~i>i>i.ic'il'i'ion·· ................................................................... 1 i IMJe, J::b · J.b::c-ff~??i!l .b6/b=)Jf'A'~mlare the owner(s) of the land that is the subject of this application for zone i I change and IMJe authorize ::;.;z,t~ v , to make this application on my/our behalf. i 1.9~~--=~---·········§tg~~-'~r.~gr ..... ~~f.(!L .............................. .'..... . . ....... ~tgn~'~-~-2!.~~~-~~L ............ ....... ..1 THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS IMJe ;f/gl?p /t.Z:V/(//(iL/2 of the 0 W(" t?r· £7 u./JPJS~eG of--------------in the !'t:? uNfY DO SOLEMNLY DECLARE THAT: of ---=P;.....o4::......,. ,._Y__.I?.""'""ve_,_.t"'-~----- All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowin that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. ·'/Ow AJ 1"'A-:C:-o-llfh ... m .. iss:::i~::.nf-=r::;:~"":r i==·a~ktit~A::::~:-:,d..:.:av:;::its..JL..:~=--------,HELEN JOHNSON, a Commissioner, etc., Province of Ontario, for the Corporation of the Town of Tillsonburg Ex ires: March 1 0 2020 Notes: 1. Applications will not be considered complete until all requested information has been supplied. 2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the applicable fee of $700.00 in cash or cheque, payable to the Treasurer, Town of Tillson burg. A fee of $1 ,200 will be charged if an application is required 'after the fact' (after the use has occupied the site). Municipal Freedom of Information and Protection of Privacy Act-Notice of Collection & Disclosure The collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545106 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1.0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public. Page 35 of 315 Promoting the Arts in the Community Page 36 of 315 Our Mission Our Vision To Promote the Arts in the Community Arts exhibits 2 galleries programming in house groups artisan gift shop art supplies Culture visual arts events tourism performing arts Community volunteerism partnerships memberships skill placements community resource Heritage local & provincial designated heritage site preserving & sharing history Page 37 of 315 Community Arts -opportunities & promotion for new & established artists & artisans -over 1500 pieces exhibited each year -education through programming & exhibits, -tours -engaging arts development through In house groups Culture Canada Day Creative Imaginations Turtlefest Holiday Arts Market Beyond the Garden Gate Tour Holiday Tour of Homes Trivia Night Wine & Cheese event Oxford Studio Tour Dinner & Auction Gala Tours Intimate concerts Community -volunteerism -partnerships that benefit all -memberships -skill placements -community resource -Help Portrait -e-waste disposal Heritage -local & provincial Designated heritage site -preserving & sharing history Page 38 of 315 Station Visitors Visitors 2014-23082 2015-25683 2016-26458 2017-26800 2018-27695 People visit the Station for many reasons -visitor information -community resource -cultural destination -exhibits & events -arts programming & education -opportunity to join a creative community -socialization (In House Groups) -nostalgia & aesthetics of a heritage site and its repurposing -volunteerism -work retraining/introduction -partnerships & community causes -facility use Page 39 of 315 Arts Programming Is -educational -a positive impact on the three subsets of skills that we define as “skills for innovation” ●subject-based skills including non-arts subjects ●skills in thinking and creativity ●behavioural and social skills Art for Art's Sake? The Impact of Arts Education Centre for Educational Research and Innovation ...and just plain fun Page 40 of 315 Expansion Option -opportunity to explore options -increase functionality & accessibility -provide a safe & creative environment Page 41 of 315 2014-2017 Collection of E-Waste Over 1,000,000 lbs of e-waste was redirected away from landfills E-Waste Program 2018 E-waste Collection (102,630 kg) 225,786 lbs! Page 42 of 315 Contributions Arts -opportunities for new & established artists & artisans -over 1500 pieces of work are exhibited each year -programming classes & workshops for children, youth & adults, school boards & agencies -in house groups Culture -exhibits -performing arts -visual arts -events through the Station, local organizations & the Town -tourism information -promoting the merits of the Town of Tillsonburg as a cultural destination & a place to live Community -volunteerism -partnerships & affiliations -memberships -community initiatives -promotion & participation in community events -skill development placements -in kind resource -youth cooperation -community involvement -annual $200 bursary to a Glendale student Heritage -local & provincial designation heritage site -preserving & sharing history & nostalgia -research & collection of information & curation -collaborative displays featuring local history -aesthetic maintenance & improvements to the Station Page 43 of 315 On Behalf of the Station Arts Centre board, staff, volunteers, members & visitors Many Thanks! Thank you for the Opportunity & support so that arts & culture can grow in the Town of Tillsonburg Page 44 of 315 Station Arts Centre 41 Bridge St. W. Tillsonburg, Ontario N4G 5P2 Presentation to Town Council January 28, 2019 Presentor: Gale Connor, President Mayor Molnar, Councilors & Town Staff... For those of you who may not know, our 'mission' is to 'promote the arts in the community', our 'vision' is 'arts, culture, community & heritage'. Facilities like ours do not exist without the support of dedicated volunteers, the Town of Tillsonburg,local businesses and organizations. We only exist and grow because they believe in who we are and what we do. We partner with community groups, agencies & the Town with things like the Creative Imagination Festival which is part of Turtlefest, community Beyond the Garden Gate Tours, Holiday Tour of Homes, Holiday Arts Market, Help Portrait, Woodstock Art Gallery’s Visual Elements 360, Oxford County events etc. We saw 27,695 people through our facility in 2018. We were granted use of our building in 1982. In the mid-Nineties, the Town permitted us to relocate a second heritage train station in Tillsonburg to the property and construct an interconnecting gallery space between. We have upgraded the entrance doors to barrier free & added a barrier free washroom. We have upgraded & maintained the building all along. Although you had a fleeting visit to the Station, we invite any & all of Council for a more in depth tour of this historic facility. I come with a proposed agreement, known as a Memorandum of Understanding, which more clearly shows the 2 facets of this partnership with the Town. It speaks to both Arts & Culture, & Tourism. The Station can & has affected change for the better, in our community, through this relationship & these initiatives. We are asking for a 3 year term commitment. We did not request an operational increase for 2019, only consideration that 2020 & beyond be indexed to inflation. Current circumstances & our valued partnership of many years were taken into consideration with this request. The Town & Station face a new challenge. Although we have lost access for public space & storage, working together we have found short term solutions. We creatively use & maximize the space we have available. Upcoming programming is quite extensive & keeping things organized & running smoothly is crucial. To find a long term solution, the Station has been working to research alternatives to gain essential space. We have given our Town Liaison a proposal to address functionality & accessibility. Our recommendation is an addition to the existing building. This would significantly improve access for the general public to programming & cultural experiences. Page 45 of 315 We realize that we would affect the playground associated with Sonbeam Daycare located to the south of the Station. No discussions have taken place as this is a proposal only. We have not approached any businesses or Station supporters to see if they would be willing to provide some “in kind or reduced rate” assistance. As a Municipal building, we feel the addition becomes part of the structure & therefore Town owned. We are, however, willing to: possibly invest, search out grant opportunities & speak with businesses & Station supporters to enable moving the project forward in the most efficient way possible. We need the space to do what we do, to improve and expand on cultural experiences, & participation through: exhibitions, classes, workshops for adults, youth & children, in-house groups, PA days, March Break camp, summer programs etc. We are a hardworking organization that tries & succeeds in being as self sufficient as we can We opened the facility to rentals as a source of income to help pay the bills but this can limit what & when exhibitions can be shown. While this is not the main focus of income, it does provide us with some financial ease. Our e-waste program also provides a stream of income & we are trying to maximize this. Income is split between us & our partnership with the Tillsonburg Scout Association who also provide manpower to look after the bin. We have been very successful in redirecting e-waste & keeping it out of landfill sites. From 2014 - 2017 we have redirected over 1 million lbs of e-waste. For councilors who don’t know, we were awarded the Tillsonburg Chamber of Commerce Environmental Award in 2017. We are the #1 non-profit/charitable organization in Ontario for e-waste collection. A bin is filled & replaced biweekly. Each filled bin averages 7,700 lbs. In 2018 alone, we redirected a total of 225,786 lbs away from landfill. We are working with the Town to establish a 2nd site at the Transfer Station. We have approval from OES for a 2nd bin & are waiting to hear from the Town when this can take place. As requested by the Town, we are in process of moving our established site from the parking lot at Bidwell & Bridge St. W. to private property across from our caboose. This will allow uninterrupted collection, maintenance & surveillance. We hope to have this done shortly. We work very hard to give back fair value for the assistance you graciously provide to us. We appreciate & enjoy our partnership with the Town. We want to see Tillsonburg grow culturally & be a platform to help with that. On a personal note, I believe in the Station & what it does & can do. I believe in the partnership with the Town & how we can grow together & thank you for the opportunity to enter into a renewed relationship. Page 46 of 315 Page 47 of 315 Page 48 of 315 Page 49 of 315 Page 50 of 315 From: Minister (MMAH) [mailto:minister.mah@ontario.ca] Sent: Tuesday, January 15, 2019 2:28 PM To: David Calder Subject: A Message From Minister Steve Clark January 15, 2019 Dear Mayor Molnar: smolnar@tillsonburg.ca As you are aware, our government is undertaking a review of regional government in Ontario. Regional governments have been in place in Ontario for 50 years. In that time populations have changed, infrastructure pressures have increased, and taxpayers’ dollars have been stretched. Building on what’s working well, the review will identify improvements to make better use of taxpayer dollars while ensuring government works efficiently and effectively for the people. Today, I announced our government’s plan to move forward on this commitment with the appointment of two special advisors who will conduct the review and provide me with recommendations. These two advisors are Michael Fenn and Ken Seiling. Michael and Ken have extensive knowledge and experience in municipal government and I am confident in their ability to deliver on this important commitment. As the head of council, you are responsible for making local decisions and providing high-quality service to the residents of your community. Your participation in this review is crucial to help us understand the unique needs of your region. You can expect to hear from the advisors shortly regarding the review and how you will be engaged. I look forward to hearing your opinions and ideas to ensure municipalities in your region are working for the people. Sincerely, Steve Clark Minister c: David Calder, CAO dcalder@tillsonburg.ca Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel.: 416 585-7000 Fax: 416 585-6470 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. : 416 585-7000 Téléc. : 416 585-6470 Page 51 of 315 Page 52 of 315 Page 53 of 315 Page 54 of 315 Page 55 of 315 Page 56 of 315 Page 57 of 315 From: Ted Comiskey [mailto:mayor@ingersoll.ca] Sent: January-17-19 9:20 AM To: Subject: IMPORTANT - Update For Demand the Right Coalition Good afternoon Municipal governments, like yours, have achieved an important milestone. In late November, Environment Minister Rod Philips stated that “municipalities will have a say in the siting of landfills” – as part of his “Made in Ontario Action Plan”, https://prod-environmental- registry.s3.amazonaws.com/2018-11/EnvironmentPlan.pdf. This is a major achievement for the Demand The Right Coalition of Ontario Municipalities (currently 70 municipalities strong), which includes your municipality. Here’s what we need you and your municipality to do next: 1. The Ontario Government has asked for comments on the Plan. Please click on this link https://t.co/ai1NsoBXTo. It will take you directly to the proposed plan. Scroll down to the bottom of the page and click on the COMMENT section. You have until January 28th to provide your comments – ENCOURAGE THE GOVERNMENT TO PROVIDE MUNICIPALITIES WITH THE RIGHT TO APPROVE NEW LANDFILLS, NOT JUST A “SAY”. 2. If you have a Twitter account, go to our campaign’s Twitter page @landfillapproval. All municipalities, mayors, and Councillors are encouraged to follow us and use the hashtag #demandtheright and #onpoli. 3. Re-affirm your municipality’s commitment to landfill approval rights by introducing and approving a revised Demand The Right Motion (attached). Email the revised motion to rod.phillips@pc.ola.org, your local MPP, and forward a copy to info@demandtheright.ca. 4. Join us at ROMA on January 29th, 7:30am for a special breakfast event. We hope to gather as many of the Demand The Right municipal leaders together as possible to update you on our progress. Let’s show the government how important this legislation is! Sincerely Ted Comiskey Chair, Demand The Right Coalition of Ontario Municipalities Mayor, Town of Ingersoll mayor@ingersoll.ca 519.902.6783 Page 58 of 315 January 24, 2019 Dear Head of Council: On June 7, 2018 the people of Ontario set a clear agenda for our government – they elected a government that believes in transparency and accountability for the people, they wanted a government that prioritizes fiscal responsibility and they wanted a government that would clean up the regulatory environment and make Ontario open for business. As you know, we recently introduced Bill 66 – the proposed Restoring Ontario's Competitiveness Act, 2018. Included in the legislation, were proposed changes to the Planning Act that would create a new economic development tool, the open-for- business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites by streamlining land use planning approvals. The use of this tool would never have been approved at the expense of the Greenbelt or other provincial interests like water quality or public health and safety. Our Made-in-Ontario Environment Plan committed to strong enforcement action to protect our lakes, waterways and groundwater from pollution. We will build on the ministry’s monitoring and drinking water source protection activities. That said, our Government for the People has listened to the concerns raised by MPP’s, municipalities and stakeholders with regards to Schedule 10 of Bill 66 and when the legislature returns in February, we will not proceed with Schedule 10 of the Bill. For a copy of Bill 66 – the proposed Restoring Ontario's Competitiveness Act, 2018 and to monitor the status of the Bill through the legislative process, please visit the Legislative Assembly of Ontario website: www.ola.org/en/legislative- business/bills/parliament-42/session-1/bill-66. Sincerely, Steve Clark Minister Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel.: 416 585-6500 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. : 416 585-6500 Page 59 of 315 Page 60 of 315 Report Title Master Service Agreement Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. Report No. CAO19-02 Author David Calder, CAO Meeting Type Council Meeting Council Date January 14, 2019 Attachments 1. Master Service Agreement 2. Red lined version of the Master Service Agreement Page 1 / 3 RECOMMENDATION THAT Council receive report CAO 19-02 Master Service Agreement between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. for information. And that the Master Service Agreement between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. be approved and effective January 28, 2019 to December 31, 2023. And that a By-law be brought forward for Council consideration. EXECUTIVE SUMMARY The purpose of this report is to obtain authorization to enter into a Master Service Agreement between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. The agreement outlines all the services that are provided by the Corporation of the Town of Tillsonburg and paid for by Tillsonburg Hydro Inc. This agreement is required under the Affiliates Relationship Code (an Ontario Energy Board requirement) in order to ensure the services provided by the Town to Tillsonburg Hydro Inc., are documented and formalized in an agreement between the two legal entities. BACKGROUND Council will recall that 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 to 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 (not as Shareholder) and Tillsonburg Hydro Inc., and the THI Corporate By- Page 61 of 315 Page 2 / 3 CAO 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 was approved by the Shareholder at the 2018 THI Annual General Meeting. The MSA was to come to Council at a later date as it had not been reviewed by the THI Board of Directors as the Board direction was to wait until the MSA was approved. Council has approval authority for the MSA as it is an agreement between the Council of the Town of Tillsonburg and the Board of Directors of THI. At its meeting of November 28, 2018, the Board of Directors passed the following motion: “THAT the Master Service Agreement as presented hereto be adopted. AND THAT the document be presented to the Town of Tillsonburg Council for consideration.” It is now in order for the Council of the Town of Tillsonburg to approve the Master Service Agreement and authorize the signing of the agreement by the Mayor and Clerk. The MSA being presented to Council contains a number of housekeeping revision such as additional and refined definitions, revised liability and indemnification clauses (reviewed by Town insurer), clarification around the joint committee (not a management committee), additional invoicing and reporting requirements and wording simplification related to Schedule “A” – List of Services. It should also be noted that a Section A.11, Health and Safety was added to the List of Services. Finally, Schedule “B” – Costs was revised to clarify the payment by THI to the Town of actual costs related to third party costs, internal direct costs and indirect or overhead costs. Due to the timing of the review by Tillsonburg Hydro Inc., and getting the final version of the Master Service Agreement to Council for approval, staff is recommending that the term of the agreement be from January 28, 2019 to December 31, 2023 rather than from January 1, 2018 to December 31, 2022. The Master Service Agreement was reviewed the by Senior Leadership Team and input was also provided by the Manager of Hydro Operations. In addition, in the role of President to THI, the CAO participated in meetings of the THI Review Committee. FINANCIAL IMPACT/FUNDING SOURCE If approved, the Town of Tillsonburg will continue to be the service provider to Tillsonburg Hydro Inc. for a vast array of services such as financial services, IT, Human Resources, Billing and Collections, rental of space, hydro operations, etc. In return, THI will pay the actual cost to the Town for the provision of these services which allows for a variety of efficiencies and customer service enhancements. In addition, THI provides a flat fixed management fee of $140,000 to the Town of Tillsonburg. Page 62 of 315 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 oversight. Page 63 of 315 Master Service Agreement - 1 - MASTER SERVICES AGREEMENT THIS AGREEMENT made effective as of January 1, 2019, (the “Effective Date”) BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (Hereinafter referred to as the “Town”) - And - TILLSONBURG HYDRO INC. (Hereinafter referred to as “THI”) WHEREAS THI is a duly incorporated and licensed electricity distributor pursuant to the law of the Province of Ontario; AND WHEREAS both the Town and THI are separate corporate entities; AND WHEREAS the Parties have agreed that the Town will provide services as listed in Schedule A to THI on a fee-for-service basis and the Town shall provide such further and other products and services as may be agreed to in writing, by the Parties from time to time; AND WHEREAS the Town has the knowledge and expertise to provide the Services to the required standards; AND WHEREAS the Parties acknowledge and agree that in providing goods and services contemplated herein the Town acts as an independent contractor and not as an agent, partner, or servant of THI; AND WHEREAS the Parties shall consult as frequently as may be desirable to ensure that THI receives adequate, economical and effective services as listed in Schedule A as attached to this document. NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements set forth, and for other good valuable consideration and the sum of two ($2.00) dollars of lawful money of Canada now paid by each of the Parties to the other (the receipt and sufficiency of which is hereby expressly acknowledged), the Parties covenant and agree, and with each other, as follows: Page 64 of 315 Master Service Agreement - 2 - 1. Definitions 1.01 “ARC” means the Affiliate Relationships Code for Electricity Distributors and Transmitters, Revised March 10, 2015, as such may be amended by the Ontario Energy Board; 1.02 “Board” means the board of directors of the THI; 1.03 “Customer Service Costs” means the cost incurred by a Party to bill and collect and to provide related Customer Services. 1.04 “Customer Services” means all services related to customer services, which without limiting the generality of the foregoing shall include services identified in Section 6 of Schedule A; 1.05 “Direct Costs” means the costs incurred directly by THI for its own operations including but not limited to electrical power costs for Standard Supply Services, IESO costs, Hydro One Transmission costs, Competition Transition Charge, Retail/Wholesale Settlement costs, Ministry of Finance costs, OEB costs, Electricity Distributors Association (EDA) dues, property taxes, Municipal Electricity Association Reciprocal Insurance Exchange (MEARIE) insurance and other insurance premiums, legal, accounting and audit fees, etc. (3rd party costs that are paid on behalf of THI by the Town) 1.06 “Distribution System Plan” means a distribution system plan meeting OEB requirements. 1.07 “ESA” or “Electrical Safety Authority” means the Electrical Safety Authority or any successor entity thereto; 1.08 “Extraordinary Costs” means those unusual and unanticipated costs as more particularly described in Section 9. 1.09 “Fully Allocated Cost” means the sum of Direct Costs plus a proportional share of Indirect Costs. 1.10 “Independent Electricity System Operator” or “IESO” means the Independent Electricity System Operator or any successor entity thereto; 1.11 “Independent Director” means an Independent Director as defined by the ARC; 1.12 “Indirect Costs” means costs allocable costs of equipment and labour such as overhead; Page 65 of 315 Master Service Agreement - 3 - 1.13 “Joint Committee” means a committee consisting of the Chief Administrative Officer of the Town, General Manager Hydro Operations, and two Board appointed independent directors and the Chair of the Board as an ex-officio member. 1.14 “Ontario Energy Board” or “OEB” means the Ontario Energy Board or any successor entity thereto; 1.15 “Parties” means the Town and the THI; and “Party” means either one as the context requires; 1.16 “Person” means any other businesses or persons with which the Town chooses to establish a business relationship; 1.17 “Services” means the services required by a typical electrical distribution company, including but not limited to, the list contained in Schedule A. 1.18 “Standards” means the guidelines, regulations, laws and/or policies as set out by: • Electricity Safety Authority (ESA), • Independent Electricity System Operator (IESO), • Infrastructure Health and Safety Association (IHSA), • Minister of Energy (MoE), • Minister of Finance (MoF), • Minister of Labour (MoL), • Minister of Transportation (MoT), • Measurement Canada (MC), • Occupational Safety and Health Administration (OHSA), • Ontario Business Corporations Act (OBCA), • Ontario Energy Board (OEB), • Ontario Municipal Board (OMB), • Deemed Rates, • Or other regulatory bodies not identified 2. Term 2.01 Unless terminated in accordance with Section 22, the term of this Agreement shall be from January 1, 2018 to and including December 31, 2022. 2.02 In providing any and all Services as identified in Schedule A for THI, the Town shall be responsible for maintaining regulated and non-regulated performance Standards as determined by various industry regulators, and shall not discriminate in its performance and delivery of identified services. The Town shall periodically provide sufficient evidence to THI to demonstrate compliance with both regulated and non-regulated Standards. If the Town fails to meet a performance Standard, the Town shall (i) inform THI of the failure; (ii) provide information as to how the performance Standard will be met in the future; and (iii) identify any potential liabilities or repercussions from failing to meet the performance Standards. Page 66 of 315 Master Service Agreement - 4 - 3. Force Majeure 3.01 It shall not be a breach of this Agreement if the Parties to this Agreement fail to perform their obligations to provide services, work, or the supply of goods or materials to either Party by reason of war, insurrection, tempest, or any other event beyond the reasonable control of the Parties. The foregoing shall not apply to an obligation to pay money. The Party seeking to invoke force majeure shall provide written notice to the other party of the event, the cause of the event, steps being taken to remedy the event and estimated duration of the event of force majeure. 3.02 In the event of a strike or lockout by town employees the Town will arrange for continuence of services as set out in Schedule A. 4. Covenants of the Town 4.01 Subject to being able to fulfill the obligations of the Town to THI hereunder, the Town shall be free to offer Services to any other person. 4.02 The Town shall be responsible for obtaining and maintaining all necessary approvals, licenses and permits and for complying with all applicable federal, provincial and municipal laws, regulations, codes, orders, decrees and directives in connection with the provision of the Services hereunder. The Town shall, at least annually and when requested by THI, provide THI with adequate evidence of its compliance with this Section. 4.03 The Town shall comply, with all applicable Federal, Provincial and Municipal laws, rules, regulations, codes, and THI policies from time to time in force which are brought to its notice or of which it should reasonably be aware. 4.04 The Town shall pay for and maintain for the benefit of THI, appropriate insurance concerning the operations and liabilities of the Town relevant to this Agreement. 4.05 The Town shall be entitled to retain competent and properly qualified consultants, contractors and other third parties in accordance with procurement policies, where practical unless otherwise directed by the Board, in order to deliver the Services. The Board may recommend the Town to retain consultants, contractors, and other third parties in accordance with procurement policies to perform any or all of the services as set out in schedule A. Management of any THI vendor contracts will be the responsibility of the Town. The Town shall follow any Standards and applicable laws and by-laws in securing the services of such consultants, contractors or third parties. Page 67 of 315 Master Service Agreement - 5 - 5. Confidentiality and Ownership of Information 5.01 Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act and the ARC and any other legal requirement to disclose information, it is agreed that confidential information of THI shall be kept in strict confidence by the Town. 5.02 The Town shall take such measures as are necessary in order to comply with the confidentiality obligations under subsection 5.01 above. The Town shall ensure its employees are properly informed of the requirements of the ARC. The Town shall provide an annual update to the Board regarding the measures taken to maintain the confidentiality of THI’s information and the training provided to employees in respect of the ARC and the Municipal Freedom of Information and Protection of Privacy Act. 5.03 Information stored or produced by any Party to this Agreement on the sole behalf of any other Party to this Agreement, shall be the property of the Party on whose sole behalf such information is stored or produced. Where such information consists of an original report, computer program, information, or intellectual property produced by a Party to this Agreement for the sole purpose of supplying services to that other Party and the cost of producing such report is included in the remuneration payable by such other Party, the property (including copyright and moral rights) to such original report, computer program, information, or intellectual property shall belong to such other Party. The foregoing shall not apply where information is stored or produced by a Party to this Agreement on behalf of a third Party to this Agreement, or where the information is stored and produced by a Party to this Agreement for the mixed benefit of another Party and the Party which produced the information. 6. Costs 6.01 THI shall pay the Town the fees and charges for the Services more particularly described in Schedule A and as specified in Schedule B as attached. 6.02 Unless specifically stated applicable taxes are not included. 6.03 The costing provisions are set out in Schedule “B” and includes a fixed management fee of $140,000 for each of the years of the Agreement. The costing for each year of operations and capital costs shall be directly incurred costs. Services not rendered during any given year shall be reported to the Board annually. The Town and THI shall review the appropriateness of the management fee level as provided in the OEB’s most recent Cost of Service rate decision and any subsequent OEB decision, which stipulated that such a review should either involve, at a minimum include an opinion by, a reputable third party on such matters. 6.04 The Town shall provide to the Board, at least once annually, a plan for how the Services will be performed and a financial plan for such services. The financial Page 68 of 315 Master Service Agreement - 6 - plan shall include a monthly forecast of expenditures suitable to the Board. The Town shall track its performance and report to THI any significant variances from the approved financial plan. This plan should be brought to the Board before budget deliberations and should include at least 3 prior years of data showing actual vs. budgeted plan for the board to review. The Board will be made aware when the total amount of variances from the approved financial plan meets or exceeds, or is forecasted to be above the total financial plan by an amount of 5% or more. 6.05 Where the Town provides Services to THI, it shall use its best efforts to minimize the actual costs of providing such Services while still complying with all applicable regulated and nonregulated performance standards. The Town shall provide THI with detailed reporting upon request regarding the costs of all services performed. 6.06 It is acknowledged that there will be some duplication in the description of Services. Such duplication in the description is insignificant, does not imply that there is multiple costing for those Services, and the Parties agree that no such multiple costing is present. 6.07 The Parties agree that a reasonably competitive market does not exist for the total Services that THI acquires from the Town and therefore THI agrees to pay no more that the affiliate’s fully-allocated cost to provide the Services. THI shall obtain from the Town a detailed breakdown of the allocated cost of providing the Services as part of the annual business plan process. 6.08 Upon renewal of the term of this Agreement, the Town may adjust their fees upon ninety (90) days prior notice in writing to THI provided that if THI does not accept the adjusted costs and the Parties are unable to agree after negotiating in good faith, the adjusted costs may be submitted to arbitration pursuant to Section 11 of this Agreement. 6.09 THI agrees to reimburse the Town for any unanticipated events over and above normal customer service costs to which the Town may be put resulting from extraordinary unanticipated events such as fire, major storms, tornadoes, equipment failures, and the like provided such equipment failures are not caused by negligence on the part of the Town to perform services as outlined in Schedule “A” of this Agreement. 7. Remuneration 7.01 THI shall pay the Town in accordance with the actual costs incurred by the Town in performing the Services. 7.02 The aggregate remuneration, at a minimum, is payable quarterly to the Town in respect of the Services provided by the Town to THI shall, so long as the Town continues to provide full treasury and financial services, be recovered from the applicable Party by direct transfers of funds from and to the appropriate accounts at times convenient to the Town Treasurer in accordance with proper principles of Page 69 of 315 Master Service Agreement - 7 - contract administration and IFRS and business principles. The Parties to this Agreement specifically authorize that such transfers may be performed by the Town Treasurer or his/her designate, and such authorization shall remain in effect during the full term of this Agreement. In the event that the Town ceases to provide full treasury and financial services, the aggregate remuneration payable to the Town in respect of the services provided by the Town shall be requested in periodic invoices delivered by the Town, such invoices to be delivered not more frequently than monthly. The terms of any such invoice, whether so marked or not, shall be net 30 days. 7.03 The presence of subsection 7.02 shall not be interpreted to mean THI has unilateral ability, without the agreement of the Town, to terminate its use of full treasury and financial services from the Town. 7.04 The remuneration, payable to the members of the Board shall be an expense of THI and shall be processed by the Town pursuant to Board resolutions. 8. Annual Review of Schedules 8.01 The Parties shall review the contents of each Schedule on an annual basis. The purpose of such review shall be to determine whether the activities described in each Schedule continue to be accurate and done in a cost efficient manner. 8.02 In the event that during such a review, disagreement arises with respect to suggested amendments to any Schedule and such disagreement cannot be settled by the Parties, either Party may refer such to arbitration in accordance with Section 11 of this Agreement. 8.03 The review described in 8.01 shall be commenced within sufficient time so that the Parties might reasonably have completed their review in time for the annual Town budget and estimates process. 9. Invoicing 9.01 The Town shall submit an invoice and supporting documentation to THI for payment for all costs incurred by the Town in performing its Services. All invoices shall provide sufficient detail of the costs incurred and the description of the Services undertaken by the Town. All invoices shall be paid by THI within ninety (90) days from the date of receipt. A charge of one and one-half (1.5%) per month may be levied against all late payments. In the event of a dispute regarding an invoice, THI shall pay the undisputed portion of the invoice within ninety (90) days and shall promptly inform the Town of the disputed amount and basis for such dispute. 9.02 The Town will pay all accounts payable in a timely manner in order to minimize any vendor late payment charges. 9.03 The Town will submit details of any unanticipated events to THI for review before invoicing. Invoices for unanticipated events will be paid by the THI upon approval by the Board. Page 70 of 315 Master Service Agreement - 8 - 10. Easements 10.01 THI represents that it has secured all requisite easements necessary for the delivery of electrical services for the distribution of electric power throughout THI’s service area. 10.02 THI shall indemnify and save the Town harmless from any claims, demands, actions and applications brought against the Town arising from the failure of the THI to have secured easements or from any defect or deficiency in the easements secured by THI prior to the effective date of this Agreement. 10.03 After the effective date of this Agreement, the Town shall act on behalf of THI to secure all easements required for the performance of the expansion or upgrade of electrical distribution services pursuant to this Agreement. Any costs related to the acquisition of easements, including appraisal and legal costs, shall be paid by THI. 11. Customer Billing 11.01 The Town shall bill THI’s customers for electricity and distribution services supplied to them and such bills shall read “Tillsonburg Hydro Inc. Charges” and shall conform to the requirements of the OEB and any applicable laws. 11.02 Subject to 11.03, THI shall be responsible for all costs related to the bad debt associated with the non-payment of the electricity bills, provided the Town follows the Standards. 11.03 The Town shall assume responsibility for any billing errors arising after the commencement of this Agreement only to the extent that any such costs arising from the billing errors are unrecoverable from THI’s customer and only if the billing error is attributable to the Town’s negligence or the negligence of its servants, agents or representatives. 12. Arbitration 12.01 The Parties agree to consult with each other and to negotiate in good faith to resolve any differences or disputes which either Party may have relating to the interpretation, application or implementation of this Agreement, or any dispute which may arise over any costs, fees or other costs incurred and failing Agreement the Parties agree to resolve their disputes by arbitration as provided in subsection 12.02. 12.02 Arbitration of a dispute shall be commenced by written notice by a Party requesting arbitration to the other, which notice shall identify the issue or issues it Page 71 of 315 Master Service Agreement - 9 - wishes to submit to arbitration. Within thirty (30) days of the date of the notice, the Parties shall agree upon a single arbitrator and failing Agreement then each Party shall appoint an arbitrator and the two appointees shall within 45 days of the date of the notice of arbitration appoint a third person who shall act as Chair of the Arbitration Panel, and failing Agreement the Chair shall be appointed by a Judge of the Superior Court of Ontario pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991 c.A.17. 12.03 The commencement of the arbitration and all rules of procedure for the arbitration shall be by Agreement of the Parties, or failing Agreement, as determined by the arbitrator or Chair of the arbitrator panel. The provisions of the Arbitration Act, 1991, SO 1991 c.A.17, as amended or any successor legislation shall apply to the arbitration. 12.04 All decisions of the arbitrator or arbitrators, as the case may be, shall be made in writing and shall be delivered to all Parties within ten (10) days, or within such other time as the Parties may agree, from the conclusion of the arbitration. Except for matters of law only, all decisions shall be final and binding upon the Parties, their respective successors and assigns, and shall not be subject to appeal. 12.05 Each Party shall pay its own costs incurred in respect of the arbitration including the payment of its appointee to the arbitration panel, and in the case of a three person panel the Parties agree to share the fees of the Chair and other related costs equally. 13. Insurance 13.01 THI shall provide and maintain the following: (a) A Comprehensive General Liability Policy which shall name the Town as a Named Insured but only with respect to operations and services performed by the Town on behalf of THI; (b) An Environmental Impairment Policy which shall name the Town as a named insured but only with respect to operations and services performed by the Town on behalf of THI; (c) Directors and Officers liability insurance providing coverage for the directors of THI; (d) The Errors & Omissions Liability Policy which shall be in the name of THI with the Town added as a Named Insured but only with respect to claims for compensatory damage as a result of errors or omissions by the Town acting on behalf of THI; and, (e) Such other insurance in keeping with good utility practice. Page 72 of 315 Master Service Agreement - 10 - 13.02 The Town of Tillsonburg shall, at their expense obtain and keep in force during the term of the Master Service Agreement, Municipal Liability Insurance satisfactory to Tillsonburg Hydro Inc., and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury. 13.03 The Town of Tillsonburg shall indemnify and hold harmless Tillsonburg Hydro Inc., its officers, Board Members and employees from and against any liabilities, claims, expenses, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the Master Services Agreement attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service and caused by any acts or omissions of the Service Provider, its officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this agreement. 13.04 All policies referred to in subsection 13.01, 13.02 and 13.03 shall contain a clause requiring each insurer to give the Town or THI, as the case may be, ninety (90) days written notice prior to cancelling insurance coverage. 13.05 Both Parties will notify the Municipal Electric Association Reciprocal Insurance Exchange (MEARIE) of any occurrence, claim, suit and/or accident pertaining to the operations of the Named Insured and/or the operations performed by the Town on behalf of the Named Insured. 14. No Warranty or Guarantee 14.01 The Town provides no warranty or guarantee for any defective or deficient equipment or materials utilized except for the manufacturers or supplier’s warranties or guarantees applicable to the defective or deficient equipment or materials. 14.02 The Town will use commercially reasonable efforts to ensure obtain proper warranties and guarantees are obtained and managed for the benefit of THI. 15. Notices 15.01 All notices required to be given to either of the Parties under this Agreement shall be in writing and shall be delivered by prepaid registered post or hand delivery to the following: (a) The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Page 73 of 315 Master Service Agreement - 11 - Telephone: (519) 842-6428 Fax: (519) 842-9431 Attention: Town Clerk, copied to CAO and (b) Tillsonburg Hydro Inc. 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Telephone: (519) 842-6428 Fax: (519) 842-9431 Attention: Board Secretary, copied to Board of Directors or to such other address or individual as may be designated by written notice to the other Party. Any notice given by personal delivery shall be deemed to have been given on the day of actual delivery hereof and if sent by prepaid post, on the third day after mailing. 16. Successors 16.01 This Agreement shall inure to the benefit of and be binding upon the Parties and their successors and assigns, respectively. 16.02 The Parties acknowledge that substantial changes to legislation and regulations and government policies may to occur during the term of this Agreement which may affect the nature of the relationship between them. As a consequence thereof, the Parties hereby agree to consult and negotiate in good faith any amendments to this Agreement which may be necessitated by changes in the regulatory environment to preserve, to the extent practicable, the intent of the Parties. If after a reasonable period of negotiation the Parties are unable to conclude an amendment to this Agreement, either Party may submit their differences to arbitration as provided in Section 12. 17. Entire Agreement 17.01 This Agreement, including Schedules A and B, constitutes the entire Agreement between the Parties. 18. Amendments 18.01 Amendments to this Agreement shall only be effective when in writing and executed by the duly authorized signing officers of the Parties. Page 74 of 315 Master Service Agreement - 12 - 19. Headings 19.01 The headings in this Agreement are for purposes of reference only and shall not be read or construed so as to abridge or modify the meaning of any provision in the main test of this Agreement. 20. Governing Law 20.01 This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 21. Termination 21.01 In the event of non-performance by either Party of any material obligation(s) under this Agreement, the other Party may at its sole option elect to terminate this Agreement provided that the defaulting Party shall be given written notice of the default and shall be given sixty (60) days to cure the default, and then only upon failure to cure the default within the cure period, the Agreement may be terminated. Termination shall not relieve a Party of any obligation, responsibility or amount payable under this Agreement up to and including the date of Termination. 22. Liability and Indemnification 22.01 The Town shall indemnify and save THI, its officers, directors, agents and employees, if any, harmless from and against all any costs, courses of action, claims, demands, expenses or liabilities of any description incurred by THI or its officers, directors, agents or employees may suffer as a result of the omission, negligence or willful misconduct of the Town or those for whom the Town is legally responsible in the performance or nonperformance of this Agreement. 22.02 In situations where the Town and THI are jointly liable to a third person otherwise than in contract, THI shall reimburse, indemnify and save harmless the Town against any costs, courses of action, claims, demands, expenses or liabilities of any description incurred by the Town solely for the benefit of THI where the Town has not been negligent. 23. Joint Committee 23.01 It is a matter of importance to the Parties that there shall be proper consultation and involvement by THI in the performance of Services under this Agreement: (a) The Joint Committee shall meet as required to identify discuss and resolve issues of mutual concern to the Parties and receive updates.; Page 75 of 315 Master Service Agreement - 13 - (b) Either Party to this Agreement shall have the right to requisition a meeting of the said Joint Committee at any time upon five (5) days written notice to the other; and (c) Where a member is unable to be present at any meeting of the said Joint Committee, he or she may substitute another individual to attend and participate at any such meeting in his or her stead. 24. Relationship 24.01 Parties acknowledge and agree that the Town shall act as an independent contractor providing its services under this Agreement and the Parties further acknowledge and agree that nothing in this Agreement shall be deemed or construed to be the formation of a partnership between the Town and THI. 25. Survival 25.01 The following sections 5, 6, 7, 9 and 23 shall survive the termination of this Agreement. IN WITNESS WHEREOF the Parties have duly executed this Agreement on the date first above written: The Corporation of the Town of Tillsonburg Tillsonburg Hydro Inc. Mayor Per: Chair Per: CAO Secretary Page 76 of 315 Master Service Agreement - 14 - SCHEDULE A – LIST OF SERVICES A.1 HYDRO OPERATIONS (a) FULL DESCRIPTION OF THE SERVICE: Provision of a (Full Time) General Manager of Tillsonburg Hydro Inc. • Provision of a General Manager for the THI who is a Town Employee. Substation Maintenance • To provide supervision, labour, materials, equipment and tools to maintain all the substations, substation buildings and substation fixtures including any tests, inspections or monthly monitoring and record keeping. Overhead Maintenance • To provide supervision, labour, materials, equipment and tools to maintain and repair all overhead lines, hardware, poles, switches, etc. To render repairs at any time to facilitate restoration or power with the least amount of inconvenience to the customer. Underground Maintenance • To provide supervision, labour, materials, equipment and tools to maintain and repair all Underground Lines, hardware, and switches etc. To render repairs at any time to facilitate restoration or power with the least amount of inconvenience to the customer. Inspection • Provide inspection and testing of the electrical plant to the present standards required by good utility practice, the THI and all applicable laws. Emergency Response • Provide 24 hour 7 day a week emergency response to all trouble calls. Transformer Installation and Repair • Provide qualified crews and supervision to install overhead, underground and pad mount transformers. To ensure proper voltage to customers. Page 77 of 315 Master Service Agreement - 15 - Service Installations • Provide qualified labour and supervision to install all types of services from 3 phase 27.6 KV primary to 120/240 volt single phase underground or overhead. Conservation Demand Management (CDM) • To meet all CDM related regulations and license conditions • Develop, maintain and monitor an approved CDM plan as required. Smart Grid • Provide necessary services to implement, maintain and monitor a smart grid plan in accordance with regulations, standards and practices. Service Repairs • Repair all primary cables and secondary services to re-establish power 24 hours 365 days a year. Relocation Work • To provide the supervisory services, labour, equipment, materials and tools necessary to move, remove, shift, or build electrical plant for the purpose of road, sidewalk or any other project on Town streets. Environmentally Hazardous Material Management • Provide expertise in Environmentally Hazardous Material Management, testing and reclassification of transformers when required. • Provide the required supervision, labour, equipment to remediate, clean up, contain, control, transport and store all material until decommissioning or disposal in accordance with all applicable law. Billable Work • To provide qualified crews and people and supervision to perform work for private individuals on behalf of THI. To provide customers of THI with expertise and knowledge and render service to customers on a 24 hours basis on behalf of THI. Customer Relations • To provide help to the customers of THI with their concerns such as no power calls, kites in wires and all other similar instances on behalf of THI utilizing, where appropriate, the Town Active Citizen Response (ACR) Page 78 of 315 Master Service Agreement - 16 - technology. The town will provide web presentment technology in association with smart meter and smart grid technology. The Town provides additional payment options including online methods for customers in order to pay their utility bills. Switching Operations • To arrange and facilitate all high voltage switching. To set standards and arrange all duties that crews require performing to standards and are done to IHSA, ESA, Ministry of Labour and Town of Tillsonburg rules and regulations. Memberships and License Fees • Maintain memberships / licenses with / in OEB, IHSA, HSA, EDA, ESA, etc.… • Providing, maintaining and fueling green fleet technology type vehicles owned by the Town as necessary to complete all maintenance and construction work as required to maintain service for the THI. Line Locate • Provide line locate to all requests within THI’s service area (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.2 ELECTRICAL ENGINEERING SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Maintain engineering files and records, both digital and hard copy. • Writing and maintaining technical specifications and procedures. • Installation, support and licensing of all engineering software. • Prepare and track the engineering budget and capital construction budget from concept to final estimates and provide variance explanations as required. Page 79 of 315 Master Service Agreement - 17 - • Review and comment on plans for proposed developments submitted by property owners and the Town of Tillsonburg Planning Services and other agencies. • Review and comment on plans for proposed new electrical services, over 150kVA, submitted by property owners. • Plan revisions and extensions to the electrical distribution system. DESIGN SERVICES • Plan, design and supervise the installation of all electrical plant and equipment related to capital and operations work. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.3 METER SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provide qualified Meter Technicians; • Install/remove residential electric meters; • Install/remove General Service Meters; • Install/remove Data recorders; • Install/remove CT and PT and prepare meter installations; • Provide technical advice on the procurement of all meters required by THI; • Maintain, verify or re-verify all meters according to schedule; • Install and maintain smart meters and implement smart grid technology in accordance with standards. • Maintain the appropriate meter database as required by Measurement Canada, the IESO, OEB or THI; • Identify all meters that have malfunctioned and assist in the necessary corrective actions required to address such malfunction; • Recommend to THI management any technological advances that should be implemented. Page 80 of 315 Master Service Agreement - 18 - • Test or have tested all meters according to general accepted principals for an Utility meter shop as set out by the current courses for Meter Technicians; • Provide technical assistance to customers and consultants on meter installation requirements; • Provide regular reports to THI management; • Provide management and supervision; • Provide safety training and ensure all employees work to IHSA safety standards; • Provide necessary vehicles and equipment of a general nature; (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.4 METER DATA MANAGEMENT (a) FULL DESCRIPTION OF THE SERVICES • Gather / Provide all meter readings; • Handle all customer complaints regarding incorrect readings or performance of meter readers; • Maintain meter reading software and systems; • Provide Verified, Edited or Estimated readings to THI’s CIS/billing package, retail settlement package or service, and posting as required for retailer access; • Maintain backup copies for the periods scheduled by THI; • Provide all supervision and management functions; • Provide all required equipment and supplies for employees; • Provide regular reports to adequately inform THI. Page 81 of 315 Master Service Agreement - 19 - (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.5 TREE TRIMMING (a) FULL DESCRIPTION OF THE SERVICE: • Trim trees to ensure that distribution lines and plant are clear of any obstruction. • Provide supervision and control to ensure that proper clearances are maintained. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • The Town will be cleared on a rotational basis once every three years. A.6 CUSTOMER SERVICES A.6.1 BILLING ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Calculation of monthly bills for customer; • Answer all customer inquiries including inquiries regarding bill calculation, type and cost of services offered, high consumption and power outages. Provide for over the counter service at the Customer Service Centre; • The Customer Service Centre is to operate between the hours of 8:00 a.m. and 5:00 p.m. Monday to Friday, excluding statutory holidays. These hours of operation are subject to change upon mutual Agreement between the Town and THI; Page 82 of 315 Master Service Agreement - 20 - • Handle all customer requests for connection and disconnection of services, roll- outs, and spot services; • Handle all customer complaints; • Ensure proper update of the billing system of all information, concerning, rate, consumer, location and retailer information; • Provide after-hours answering service to dispatch emergency calls; • Monitor and report on telephone access, appointments and written responses to inquiries as required by the OEB to meet the Performance Based Regulations; • Promote policies, and programs which encourage high levels of service; • Notification to retailers of changes in customer accounts. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Maintain high levels of customer satisfaction; A.6.2 DISPATCH (a) FULL DESCRIPTION OF THE SERVICE: • Provide radio dispatch service and necessary record keeping for customer service and emergency needs. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 83 of 315 Master Service Agreement - 21 - A.6.3 GENERAL MAIL SERVICES (a) FULL DESCRIPTION OF THE SERVICES • Provision of mail and courier services excluding invoice mailings and including pick-up or receipt, processing, distribution and delivery; includes daily pick-up and delivery to and from the Tillsonburg Customer Service Centre (CSC). (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Pick-up and delivery to and from the CSC Daily • Delivery to work locations Daily by 10:00 a.m. • Pick-up from work locations Daily by 3:30 p.m. All mail will be processed by the end of the working day on which they have been received. A.6.4 REMITTANCE PROCESSING (a) FULL DESCRIPTION OF THE SERVICE: • Processing of all payments, including opening/sorting mail, data capture, encoding and preparing deposit; • Providing cashiering services at the Tillsonburg Customer Service Centre from 8:00 a.m. - 5:00 p.m. Monday to Friday, excluding statutory holidays. These hours of operation are subject to change upon mutual Agreement between the Town and THI; • Daily reconciliation of monies collected to system records. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • All payments will be posted the day they were received; • Bank deposits to be made daily; Page 84 of 315 Master Service Agreement - 22 - • Reconciliation of posted amounts and cash received daily and monitored for errors; • All payment investigations to be done on a timely basis; • Payment types to be accepted are Debit, Cash, and Cheque, Credit Card, Telebanking and bank payments. A.6.5 BILL DESIGN, PRINTING, INSERTING AND MAILING INVOICES (a) FULL DESCRIPTION OF THE SERVICE: • Design of a customer driven bill and collection notices. The design of the bill will ensure that the customer is aware THI is the energy distribution provider, and distinct from charges for other services on the bill; • Generate and/or print all monthly bills and notices for customers; • Inserting and preparing bills/notices for mailing including up to 3 additional inserts and business return envelopes and delivery to post office, including postal charges, at current rates. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • All mail will be delivered to Canada Post daily; • Mailing addresses will be verified for address accuracy; • Bills will be responsive to the customers’ needs and will conform to the requirements of the Regulator. A.6.6 COLLECTION SERVICES (a) FULL DESCRIPTION OF THE SERVICES • Notify customers of overdue payments by telephone, mail and continue notification processes until payment is received or discontinuation of services, for consumer and miscellaneous receivable accounts; • To obtain payment, notify of impending disconnection, and disconnection of hydro services when payment is not received; Page 85 of 315 Master Service Agreement - 23 - • Recommend and co-ordinate legal actions where payment is not received; • Trace and locate debtors on final accounts; • Administer the contract and co-ordinate services with the Credit Bureau and external Collection Agency; • Maintain accurate system records on all collection activity; • Collect deposits and/or other forms of security as required by the policies of THI; • Report on collection activity as required; • Recommend Collection Policies to reduce bad debts; • Recommend accounts to be written off. THI will assume the expense of bad debt write-offs relating to electricity charges and related administrative fees. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.6.7 CUSTOMER RELATIONS, ADMINISTRATION, BRANDING AND MARKETING (a) FULL DESCRIPTION OF THE SERVICE: • Administration, customer relations, and marketing for all Utility functions not covered in other schedules; • Provision and maintenance of a website for Utility information; • Provision of teleconferencing services, as required, for some or all of the board members for meetings. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 86 of 315 Master Service Agreement - 24 - A.7 MANAGEMENT SERVICES A.7.1 MEETING MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provision of a Recording Secretary to THI; • Preparation and distribution of agendas; • Take minutes of board meetings; • Minute preparation, distribution and retention; • General administrative support to Board members including correspondence, reports, bookings and other related tasks arising from board meetings; • Provision of suitable meeting room accommodations including a conference table and seating for Board members and other attendees. (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Agendas will be prepared and distributed two working days prior to meetings; • Minutes will be prepared and distributed within five working days following the meeting; • Minutes and all related documentation will be retained in secured storage. A.7.2 INSURANCE & RISK MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Placement and management of: (a) Liability and Property Insurance; (b) Directors and Officers liability insurance providing coverage for the directors of THI; (c) insurance claims administration and adjusting services; (d) assistance to the Board of Directors in the development of risk management procedures. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: Page 87 of 315 Master Service Agreement - 25 - • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Town of Tillsonburg to be an additional named insured on all policies where such coverage is available; • Liability and property insurance will be obtained with the level of coverage to be determined by the Board of Directors. Shall provide in consultation with the Insurance Company(s), advice and assistance to the Board in connection with such policy limits; • Claims administration will be undertaken by the Town; • Adjusting Services for Claims will be provided when necessary; • Timely updates on matters of risk management, events, and occurrences. A.7.3 TELEPHONE SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provision of the necessary telephones for all staff involved in electricity services, including required telephone lines, voice mail, cell phones where necessary, and specialized telephone equipment (i.e. headsets) for customer service personnel as may be required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.4 ACCOUNTS PAYABLE PROCESSING (a) FULL DESCRIPTION OF THE SERVICE: • Accounts payable processing. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, best practices and procedures. • Invoices are paid within their due dates. Discounts should be taken when possible; Page 88 of 315 Master Service Agreement - 26 - • Any late payment charges on invoices paid by the Town will not be passed on to THI. A.7.5 PAYROLL FUNCTIONS (a) FULL DESCRIPTION OF THE SERVICE: • Payroll functions. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Employee(s) paid/filings (WSIB, Rec. General &c.) all done on a timely basis; A.7.6 MISCELLANEOUS ACCOUNTS RECEIVABLE ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Miscellaneous (non-consumer) accounts receivable administration. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Billings completed on a timely basis. • Collection of Accounts Receivable in accordance with legislative standards. A.7.7 RECORDS MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: Provision of records management services using records management software to: Page 89 of 315 Master Service Agreement - 27 - • Maintain file plans and retention schedules; • Transfer and store of inactive records; • Destroy records; • Retrieve and deliver inactive records; • Train Records Coordinators and other records service users; • Customize reports. (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.8 FINANCIAL STATEMENT PREPARATION (a) FULL DESCRIPTION OF THE SERVICE: • Financial Statement Preparation. • Annual audit. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Minimum quarterly statements presented to the Board on a timely basis; • Audited financial statements to be completed on a timely basis. • Annual review of internal controls by third party (auditor). A.7.9 OTHER FINANCIAL SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Other financial services including rate applications, business plans, reports to the regulator and others as needed; Page 90 of 315 Master Service Agreement - 28 - • Includes provision of a Treasurer to THI, which Treasurer shall either be or, shall report to and, receive direction from the President of THI in accordance with established board policy... (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.10 TREASURY SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Treasury services including financial systems integrity, internal controls, investment and banking administration, cheques and disbursement of funds, financial management and analysis, payroll and accounting administrative functions, purchasing services and hydro collection administrative services. • Bank reconciliations should be completed on a timely basis (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.11 LEGAL SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Consultants and outside solicitors engaged as deemed necessary but supervised and instructed by the General Manager or the THI Board of Directors; • Also provides outside legal representation and advice to Town departments which perform electricity services, whether directly or indirectly. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: Page 91 of 315 Master Service Agreement - 29 - • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Basic legal services, including minute book and sign off on an as-needed basis; • Matters will be referred to outside solicitors. A.7.12 HUMAN RESOURCE SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Services will be supplied in respect of Town employees performing THI- related services; • Payroll and benefit management; • Salary Administration & Pay equity; • Labour Relations management; • Health and Safety. OHSA compliance. Injury and loss prevention. WSIB management including modified and related work programs; • Employment Services. Job Descriptions and job evaluations, recruitment, interviewing, selection. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.13 MISCELLANEOUS SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Miscellaneous services, not specified as services in any schedule, but provided to any of the foregoing at THI’s request and upon the Agreement of the Town. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: Page 92 of 315 Master Service Agreement - 30 - • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.14 SENIOR MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Senior Management Services not necessarily included within any other service schedule. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.15 MANAGEMENT ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Management, administrative services and customer service and support using current industry standard technology: (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.16 INVENTORY MANAGEMENT - STORES (a) FULL DESCRIPTION OF THE SERVICE: • Maintain inventory levels to satisfy hydro operations and engineering needs; • distribution of materials and costs to hydro operations as released; • reconciliation of physical count v. book value; • provide purchasing needs for hydro stores & inventory; Page 93 of 315 Master Service Agreement - 31 - • provide purchasing needs for hydro operations external to stores. • Shall ensure scrap equipment and materials are properly handled and disposed of in accordance with applicable laws and regulations. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Monthly cycle counts will be completed and an annual inventory to meet sufficient inventory levels to meet operating and emergency needs as required; • Keep inventory value at a reasonable and manageable level. • Timely purchasing and delivery to satisfy needs and maintain required levels of inventory. A.7.17 IT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Installation and maintenance of all hardware including servers, and mainframes necessary for ongoing operations; • Installation, support, and licensing of all software applications; • Provision of network, email, and Internet access; • Programming support for custom applications. This includes design/implementation of new development as well as maintenance of current modules; • Database installation, support and licensing; • Security: Nightly, weekly, and monthly backups including disaster recovery. Firewall. Maintenance of employee profiles, access rights, and permissions; • Technical guidance for meetings, committees and projects. • Provision of Information Technology Security services • Develop and maintain a disaster recovery plan Page 94 of 315 Master Service Agreement - 32 - • Ensure outsourced service provides meet the same standards (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Hardware, Software, Database, Communications Availability Available 24 hours a day 7 days a week except for scheduled backups, maintenance, month end and year-end procedures. Problem Resolution • Priority 1 - Hardware, software, database, or communication failure which causes 1 person to be unable to carry out their main job function. An IT support technician will respond within 1 working day. • Priority 2 - Problems which do not cause an employee to be unable to carry out their main job functions are logged, prioritized and dealt with as soon as possible, depending on the availability of staff due to number of priority 1 and priority 2 problems. Programming Requests All programming requests are submitted to IT through ACR, logged and prioritized. Small requests are handled on a combined priority and first in first out (FIFO) basis. Large requests are prioritized and scheduled after discussion with the Town. Security / Information Technology Security / Disaster Recovery Plan • All Services provided in subsection (a) above shall be provided in accordance with standards (as set out by the OEB), financial performance, best practices and procedures. A.8 USE OF THE CUSTOMER SERVICE CENTRE, DISPATCH AND PROPERTY MANAGEMENT FACILITIES Page 95 of 315 Master Service Agreement - 33 - (a) FULL DESCRIPTION OF THE SERVICE: • Buildings, property, equipment, or other depreciable assets used by the Town to provide services to THI; • All aspects of Property Management relating to the Customer Service Centre, including janitorial, mechanical, electrical, plumbing, security systems, window cleaning, mats, pest control, fire plans; • Project management for renovations and mechanical replacement; • Cost of providing building/facility for stores, dispatch and hydro operation. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Available during normal office hours and on call 24 hours a day, 7 days a week; • Sufficient to house and provide necessary services. A.9 RETAIL/WHOLESALE SETTLEMENT & ENERGY MANAGEMENT (a) FULL DESCRIPTION OF THE SERVICE: • Retail / Wholesale Settlement; • Receive inputs from MDMR, IESO, Utilismart and other vendors as required; • Operate and maintain the Retail / W h o l e s a l e Settlement System; Track and remit Debt Retirement Charge; • Supply and maintain a modern settlement system or service; • Retain and Maintain required records; • Provide supervision and Management; • Provide energy management advice to customers and staff; • Inform THI management of energy management trends and recommend Page 96 of 315 Master Service Agreement - 34 - programs; • Perform, manage and investigate energy misappropriation providing THI with a proper Theft of Energy Program; • Provide Customer Education including education in the schools; • Maintain evidence and provide as needed support to prosecute energy theft to the full extent of the law; (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.10 CAPITAL SERVICES A.10.1 CAPITAL PROJECTS (a) FULL DESCRIPTION OF THE SERVICE: • Provide labour, equipment and applicable materials to perform capital projects, the result of which will be to produce capital assets owned by THI as well as developing and maintaining the Distribution System Plan as required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • While the staff levels maintained by the Town permits a portion of that staff to be utilized for normal operating functions and for the performance of capital projects, the exact amount of in-house labour available to perform such capital projects will vary from time to time because of workload issues and other pertinent factors; • Town will make appropriate recommendations to THI from year to year and from time to time with respect to the capacity of Town staff to undertake projects on an in-house basis, and which projects (or which portions of projects) will need to be performed by contractors under contract to THI. Where such outside forces are contracted by THI, Town staff shall provide contract administration and management services in connection with such contracts to THI. Page 97 of 315 Master Service Agreement - 35 - • Town will track capital spending and provide regular reporting on level of expenditures and variances against budget and any approved Distribution System Plan. A.10.2 ACQUISITION & DISPOSITION OF REAL PROPERTY (a) FULL DESCRIPTION OF THE SERVICE: • Where the acquisition of real property is required to provide distribution services, the Town shall estimate value, obtain appraisals, negotiate, receive appropriate approvals and ensure closings for any required purchases on fee simple or easements; • Negotiate the sale of any surplus properties through tender or listing. Obtain any necessary approvals for disposition. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Services available on request of the THI; A.11 HEALTH & SAFETY (a) FULL DESCRIPTION OF THE SERVICE: • Ensure all Town employees and sub-contractors are properly trained and qualified for any work they are assigned and aware of all requirements for completing the Services; • Provide all required safety equipment in good working order; • • Provide safety training and ensure all employees work to IHSA, OHSA and any other applicable safety standards; • Promote public safety and awareness using external communication. • Ongoing measurement through audits of current programs and practices to ensure compliance • Support ESA audits or other government inspections as required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: Page 98 of 315 Master Service Agreement - 36 - • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 99 of 315 Master Service Agreement - 37 - SCHEDULE B – Costs Third Party Costs Without markup, THI will pay directly, or the Town will pay for and be reimbursed for third party expenses including but not limited to the following: Electrical power costs for Standard Supply Services, IESO costs, Hydro One Transmission costs, Competition Transition Charge, Retail/Wholesale Settlement costs, Ministry of Finance costs, OEB costs, Electricity Distributors Association (EDA) dues, property taxes, Municipal Electricity Association Reciprocal Insurance Exchange (MEARIE) insurance and other insurance premiums, legal, accounting and audit fees and similar reasonable fees. Internal Direct costs THI shall pay the direct labour, material and equipment cost of the Town utilized in providing the Services as follows: Corporate Admin Financial Admin Operations Admin Indirect or Overhead THI acknowledges that the Town is permitted to charge the fully allocated cost of labour used in providing the Services. THI can request any and all reporting of detailed costs related to THI from the Town. Page 100 of 315 Page 101 of 315 Page 102 of 315 Page 103 of 315 Page 104 of 315 Page 105 of 315 Page 106 of 315 Page 107 of 315 Page 108 of 315 Page 109 of 315 Page 110 of 315 Page 111 of 315 Page 112 of 315 Page 113 of 315 Page 114 of 315 Page 115 of 315 Page 116 of 315 Page 117 of 315 Page 118 of 315 Page 119 of 315 Page 120 of 315 Page 121 of 315 Page 122 of 315 Page 123 of 315 Page 124 of 315 Page 125 of 315 Page 126 of 315 Page 127 of 315 Page 128 of 315 Page 129 of 315 Page 130 of 315 Page 131 of 315 Page 132 of 315 Page 133 of 315 Page 134 of 315 Page 135 of 315 Page 136 of 315 Page 137 of 315 Page 138 of 315 Page 139 of 315 Page 140 of 315 Page 141 of 315 Page 142 of 315 Page 143 of 315 Page 144 of 315 Page 145 of 315 Page 146 of 315 Report Title Airport Building Permits Report No. OPS 19-01 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date January 28, 2019 Attachments  Town Solicitor Letter Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-01 Airport Building Permits; AND THAT Council direct staff to develop an Airport Development Manual to support the administration of development activity at the Airport entirely in-house. BACKGROUND At the Regular Council meeting of December 10th 2018 the following direction was provided to staff: “THAT the Delegation regarding Tillsonburg Airport Development be received; AND THAT the matter be referred to staff for a report back to Council which shall include the following:  A legal interpretation of Federal Aviation Rules with regards to the authority to issue building permits – South-West Oxford or Tillsonburg no later than the January 28, 2019 Council meeting;  A new business model incorporating a flight school instructor/manager model be investigated;  A risk assessment for the general public accessing the airport; AND THAT the following be added to the 2019 budget deliberations for consideration:  The extension of the 25ft x 230ft taxiway;  Commercial taxiway repairs; and  Testing of the load capacity of hydro.” This Report looks to address the first item in the above Resolution. The other matters will be addressed at a later date or through the 2019 budget process. Page 147 of 315 Page 2 / 3 SUMMARY The historical practice has been that the potential Hangar Applicant would verbally indicate intent and work with staff to identify an agreeable location to construct a new hangar. Staff would then prepare a land lease agreement for the potential Hanger Applicant review and signature and a report for Council consideration. At the same time the potential Hangar Applicant would obtain a building permit from South-West Oxford. CONSULTATION/COMMUNICATION A letter from the Towns Solicitor entitled ‘Airport Building Regulations’ is attached for Council’s information and indicates that neither the Township of South-West Oxford nor the Town of Tillsonburg has the authority to require building permits or require buildings be constructed to the standard required by the provincial Ontario Building Code (OBC). However, legal opinion advises that since the Airport is owned by the Town of Tillsonburg that building construction be regulated on a contractual basis. Therefore, staff recommend that the OBC standard of construction and associated building permit process be followed as a best practice in order to ensure building construction or modifications are completed to an approved standard and that the OBC requirement be included in all new land lease agreements or amendments. Furthermore staff recommend that an Airport Development Manual be developed in order to provide a clear and streamlined process that would allow for the efficient review, approval and issuance of building permits with all being administered in-house by Town staff (i.e. similar to the site plan application and ensuing building permit/construction process). FINANCIAL IMPACT/FUNDING SOURCE Administering the entire development process (application through to building permit/construction inspection) at the Airport in-house will increase the requirement on inter- departmental staff time which should be recovered at some level through a new Application and Inspection fee within the Rates & Fees By-law. COMMUNITY STRATEGIC PLAN The development and implementation of an Airport Development Manual supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing a streamlined process for existing and new business opportunities at the Airport. Page 148 of 315 Page 3 / 3 Report Approval Details Document Title: OPS 19-01 Airport Building Permits.docx Attachments: - OPS 19-01 Attachment 1 - Town Solicitor Letter.pdf Final Approval Date: Jan 21, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jan 21, 2019 - 2:00 PM Page 149 of 315 Page 150 of 315 Page 151 of 315 Page 152 of 315 Page 153 of 315 Page 154 of 315 Page 155 of 315 Page 156 of 315 Page 157 of 315 Page 158 of 315 Page 159 of 315 Page 160 of 315 Page 161 of 315 Page 162 of 315 Page 163 of 315 Page 164 of 315 Page 165 of 315 Page 166 of 315 Page 167 of 315 Page 168 of 315 Page 169 of 315 Page 170 of 315 Page 171 of 315 Page 172 of 315 Page 173 of 315 Page 174 of 315 Page 175 of 315 Page 176 of 315 Page 177 of 315 Page 178 of 315 Report Title Awarding Sole-source Contract to Install LNG Refill Station at TCC Report No. RCP 19-06 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date January 28, 2019 Attachments Page 1 / 3 Awarding Sole-source Contract to Install LNG Refill Station at TCC RECOMMENDATION THAT Council receives Report RCP 19-06 – Awarding Sole-source Contract to Install LNG Refill Station at TCC; AND THAT Council approves the sole-source installation at the Tillsonburg Community Centre of a Coltri Arena Compressor Package by Hi-Tech Fuel Systems (London) at the quoted price of $38,977.78 before applicable taxes. EXECUTIVE SUMMARY Council gave pre-budget approval for staff to procure a replacement for the natural gas refill station at the Community Centre. There is only one licensed supplier of the Coltri high-speed LNG refill compressor technology in Canada, which results in the need for a sole-source contract. The Town’s procurement policy requires Council approval of sole source contracts. BACKGROUND The current compressed gas fill station now takes more than 8 hours to fill up the resurfacer. The process requires an 8-hour overnight period to fill the tanks. On a weekend with both pads going most of the day, the resurfacer is plugged into the refueling station between floods but is still almost empty by the end of the day. With the outdoor pad coming on line, an updated, quick- fill station with new technology is required. Adding the additional floods outside on busy weekend days may exceed the ability for the current system to keep up, which would affect the indoor ice program. Pre-budget approval for this project was given at the Council Budget Meeting of December 17, 2018 with the following resolution: Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council gives 2019 pre-budget approval for Project x84 Natural Gas Refill Statin $40,000. Carried. The supplier has a unit on the shelf and is ready begin the installation immediately upon receiving authorization to proceed. Page 179 of 315 Page 2 / 3 Awarding Sole-source Contract to Install LNG Refill Station at TCC FINANCIAL IMPACT/FUNDING SOURCE This project has a $40,000 funding allocation in the 2019 draft budget, and has been given pre- budget approval. The funding source is the taxation component of the capital budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 180 of 315 Page 3 / 3 Awarding Sole-source Contract to Install LNG Refill Station at TCC Report Approval Details Document Title: RCP 19-06 - Awarding Sole-source contract to install LNG Refill Station at TCC.docx Attachments: Final Approval Date: Jan 21, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jan 21, 2019 - 10:34 AM David Calder - Jan 21, 2019 - 1:15 PM Donna Wilson - Jan 21, 2019 - 2:57 PM Page 181 of 315 Report Title Tillsonburg District Craft Guild MOU Renewal Report No. RCP 19-05 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date January 28, 2019 Attachments TDCG Agreement 2019 Page 1 / 5 Tillsonburg District Craft Guild MOU Renewal RECOMMENDATION THAT Council receives Report RCP 19-05 – Tillsonburg District Craft Guild MOU Renewal; AND THAT Council appoints the Director of Recreation, Culture & Parks as the liaison between the Town and the Guild; AND THAT a by-law to authorize the MOU be brought forward for Council consideration. EXECUTIVE SUMMARY The Memorandum of Understanding with the Tillsonburg District Craft Guild (TDCG) authorized under By-Law 4162 expired at the end of 2018. In December 2017 Council authorized a one- year MOU for 2018, and asked that information related to the number of people provided with tourism information by the TDCG be provided during consideration of further renewals. This report includes the requested statistics provided by the TDCG and recommends adoption of the attached Memorandum of Understanding (MOU) for this term of Council. BACKGROUND The Town of Tillsonburg has provided space for the TDCG at their current 41 Bridge Street location since 1982. Further, in the mid-Nineties, the Town permitted the TDCG to expand and augment the original heritage-designated train station by relocating a second heritage train station from another part of Tillsonburg to the property and constructing an interconnecting gallery space. The TDCG, operating in this location as the Station Arts Centre, has provided Tillsonburg residents and visitors with exposure to local and regional artisans and art as well as many other cultural experiences. There has been a MOU between the Town and the TDCG since at least 2011, through which the Town paid the TDCG an annual amount of $25,000 in return for the TDCG providing tourism information services at their location. The MOU was renewed for three years in 2014 at an annual amount of $35,000. It was renewed for one year in 2017 at $35,000, and a further one-year agreement and payment of $40,000 for 2018 was authorized by Council at their December 11, 2017 meeting. At that time, Council requested that the TDCG provide information on the number of tourism-related inquiries over the course of the contract. The table below has been compiled by the TDCG and includes that information. Page 182 of 315 Page 2 / 5 Tillsonburg District Craft Guild MOU Renewal From this table, the data shows that visitor/tourism inquiries represent approximately 2.5% of the traffic through the Station Arts Centre. The attached MOU is for the remainder of this Term of Council, essentially for 2019 through to the end of 2022. It confirms that the Town will allow the Guild to occupy the premises for the duration of the MOU, which is often required in order for them to apply for grants from other funding sources. It also provides for a payment of $40,000 to the Guild for 2019, and beyond that the payment would be indexed to inflation. While the requirement to provide tourism information services remains part of responsibilities of TDCG under the proposed MOU, the purpose of the MOU has been expanded as highlighted below: The purpose of this Memorandum is to continue and expand a framework of cooperation between the Town and the TDCG for the provision of arts, culture and tourism information services in Tillsonburg to the benefit of both its residents and visitors. Adopting this MOU will result in the annual allocation to the Guild increasing over time. However, the cost for the Town to provide the same level of programming and/or tourism information services using Town staff would be considerably higher. The Guild has the ability to leverage the Town funding through other fundraising and projects, thereby providing substantial additional value to the community beyond the financial support by the Town. In addition to providing the tourism information service, the Guild will continue to pay all of the utility costs of the building, coordinate the Electronics Recycling Program and either organize or partner with others to organize a lengthy list of cultural activities, events and programs. Within the MOU, the Town is expected to appoint someone to act as an ex-officio resource and liaison to the TDCG Board of Directors. It has proven an effective way of ensuring good communication between the Town and partner organizations, and also of providing appropriate assistance with governance and other board functions. For the past cycle this role has been filled by the Director of Recreation, Culture & Parks, which is recommended to be renewed for the term of the proposed MOU. Optional Considerations Page 183 of 315 Page 3 / 5 Tillsonburg District Craft Guild MOU Renewal Option 1 (recommended) Council adopts the MOU as proposed. No change to the resolution is required. Option 2: Council could require a change in the term of the agreement to one year in order to reassess the relationship and funding level over the next year. The resolution would need to be amended to read “AND THAT Council authorize the Mayor and Clerk to sign a Memorandum of Understanding with the Craft Guild for 2019.” Option 3: Council could appoint a different person to the role of ex-officio liaison. The resolution would need to be amended to reflect that change. FINANCIAL IMPACT/FUNDING SOURCE There has been a significant impact on the revenue generating operations of the TDCG due to an Unsafe Building Order (UBO) halting use of the basement for programming which was issued at the end of October 2018. Reflecting both the impact of that order on TDCG revenues and the considerable capital expenditures required during 2019 to address the UBO, staff does not recommend a change to the 2018 payment of $40,000 for 2019. The proposed $40,000 payment is included in the draft 2019 Operating Budget, and is funded through taxation. If the MOU is approved as drafted, the amounts for 2020 and beyond will increase each year based on the annual rate of inflation in Ontario as established by the Consumer Price Index (CPI). The 2019 RCP work plan includes the development and implementation of a significant capital fundraising program ($1,000,000) to support capital maintenance at the Town’s heritage buildings, specifically the Station Arts Centre and the Annandale National Historic Site. The TDCG will be expected to play a large role in the success of that fundraising program. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship Page 184 of 315 Page 4 / 5 Tillsonburg District Craft Guild MOU Renewal 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 185 of 315 Page 5 / 5 Tillsonburg District Craft Guild MOU Renewal Report Approval Details Document Title: RCP 19-05 - Tillsonburg District Craft Guild Memorandum of Understanding Renewal.docx Attachments: - TDCG MOU 2019-2022.DRAFT.pdf Final Approval Date: Jan 23, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jan 23, 2019 - 8:58 AM Page 186 of 315 Page 1 / 8 TDCG MOU 2019-2022.DRAFT.docx Memorandum of Understanding BETWEEN The Corporation of the Town of Tillsonburg (Hereinafter referred to as the “Town”) -and- Tillsonburg District Craft Guild (operating as the Station Arts Centre) (Hereinafter referred to as the “TDCG”) Dated ___________, 2019 WHEREAS the TDCG and the Town wish to enter into this Memorandum to have the TDCG perform certain services and the Town provide certain resources described herein in accordance with the terms of this Memorandum; Now therefore in consideration of the mutual covenants of the parties set forth in this Memorandum and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the TDCG and the Town agree as follows: 1. PURPOSE The purpose of this Memorandum is to continue and expand a framework of cooperation between the Town and the TDCG for the provision of arts, culture and tourism information services in Tillsonburg to the benefit of both its residents and visitors. 2. STATEMENT OF BENEFITS 2.1. The benefits to the Town include: 2.1.1. The provision of Arts & Culture through classes, workshops etc. offered to the residents of Tillsonburg. 2.1.2. Raising the cultural profile of Tillsonburg through art exhibitions and create a cultural destination point in and for the Town of Tillsonburg. 2.1.3. The provision and expansion of youth cultural immersion in the form of supervised classes, Summer Art Camps, March Break program, workshops, School pilot programs, PA Day programs. 2.1.4. The provision of a tourism information centre that offers a high-profile location adjacent to Broadway and within the Downtown core. 2.1.5. The provision of tourism information and amenities to the general public and visitors to the Town through a tourism reception desk that can provide information and assistance. Page 187 of 315 Page 2 / 8 TDCG MOU 2019-2022.DRAFT.docx 2.1.6. The provision of a tourism coordination function to ensure effective liaison between local tourism initiatives/events and Tourism Oxford as well as other regional marketing initiatives. 2.1.7. The appropriate use of an existing Town-owned heritage building. 2.2. The benefits to the TDCG include: 2.2.1. Financial support for operational costs of providing arts and culture programming and supporting the provision of tourism information to visitors. 2.2.2. A facility and grounds to operate from to provide: a) art & culture exhibitions; b) space for retail sales of art and artisanal works; c) classes and workshops to TDCG members and the public; d) meeting and working space for TDCG members and activities; and e) ancillary TDCG activities. 3. RESPONSIBILITIES 3.1. The Town shall: 3.1.1. Allow the TDGC to occupy the Station Arts Centre building throughout the term of this Memorandum for furthering arts, culture and tourism in the Town of Tillsonburg and surrounding area. 3.1.2. Pay to the TDCG the sum of $40,000 in 2019. In 2020 and beyond, the amount will increase annually in accordance with the Consumer Price Index for Ontario for the previous calendar year. Payment will be made subsequent to the approval of the Town’s annual budget. 3.1.3. Agree to entertain negotiations and applications from time to time for special purpose grants. 3.1.4. Maintain the property at 41 Bridge St. W. to Town standards for Town Responsibilities as outlined in “Schedule B“ including, but not limited to: a) Structural maintenance such as roof and all other exterior items; b) Snow removal; c) Sidewalk maintenance; and d) Mechanical systems such as electrical and plumbing, heating and air conditioning systems. 3.1.5. Maintain the parkette surrounding the Caboose adjacent to the property at 41 Bridge St. West. 3.1.6. Appoint an ex-officio liaison between the Town and the TDGC for the duration of this Memorandum. 3.2. The TDCG shall: 3.2.1. Provide information and amenities to the general public and visitors during regular business hours; namely, Monday to Saturday from 9am-4pm with the exception of Statutory Holidays. 3.2.2. Provide trained staff to deliver the services noted in through a combination of full-time, part-time and volunteer staff. Page 188 of 315 Page 3 / 8 TDCG MOU 2019-2022.DRAFT.docx 3.2.3. Maintain program support for current activities the same as or similar to the list of events listed in Schedule “A”. 3.2.4. Partner with local events when applicable and possible. For example, but not limited to: a) Shunpikers Tour; b) Oxford Car Rally; c) Oxford Cheese Month; d) Participation on the Cultural, Heritage & Special Awards Advisory Committee; e) Oxford Creative Connections; and f) Woodstock Art Gallery (Visual Elements Juried Exhibit). 3.2.5. Maintain role as coordinator for the Electronics Recycling Program. 3.2.6. Maintain liaison role with Tourism Oxford through promoting local & cultural initiatives. 3.2.7. Maintain the property at 41 Bridge St. W. to Town standards for TDCG Responsibilities as outlined in “Schedule B“ including, but not limited to: a) payment of costs for all utility services; b) payment of costs for communications services including phone and internet service, alarm monitoring, etc.; c) interior amenities and aesthetics including painting and wall coverings; and d) perform or have performed all interior janitorial services. 3.2.8. Maintain the Caboose displayed at 41 Bridge St. W. parkette west of the Station to Town standards. 3.2.9. Maintain tenant insurance for the TDCG chattels on the premises. 3.2.10. Maintain a Liability Insurance policy with a minimum coverage of $5,000,000, and provide the Town with an annual Certificate of Insurance naming the Corporation of the Town of Tillsonburg as an additional insured. 3.2.11. Participate in appropriate planning and fundraising for long-term capital projects in liaison with the Town. 3.2.12. Provide quarterly updates to the Town with respect to the number of participants in the activities of the TDCG and an submit financial statements prepared by an accountant to the Town on an annual basis. 4. PROGRAM EXPANSION 4.1. To facilitate the provision of cultural and tourism service for the Town, programming must be kept current. As such the TDCG shall assist with new events and expand current events, and initiatives as proposed and approved by the TDCG board and community partners 4.2. The TDCG will liaise with Tourism Oxford and other tourism and community groups to develop new initiatives and approaches, ie. Cooperative marketing opportunities. 4.3. The TDCG will work with the Town and other agencies to build tourism, cultural awareness and opportunities, and where applicable, partner with other groups in Tillsonburg and area. Page 189 of 315 Page 4 / 8 TDCG MOU 2019-2022.DRAFT.docx 5. AMENDMENT 5.1. Notwithstanding this Memorandum, should any of the above responsibilities cause undue financial distress to the responsible organization, the Town and the TDCG shall each have the right to initiate a renegotiation and/or an amendment to this Memorandum. 5.2. Amendments within the scope of this Memorandum shall be made by the issuance of a written modification, signed and dated by the Town and the TDCG, prior to any changes being performed and by mutual consent of both parties. Returned email confirmation by the signing parties is also an acceptable form of amendments should the matter be time sensitive in nature. 6. PARTICIPATION IN SIMILAR ACTIVITIES 6.1. This Memorandum in no way restricts the Town from participating in similar activities with other public or private agencies, organizations and individuals. 7. EFFECTIVE DATE 7.1. This Memorandum is effective upon signature of the parties and will remain in effect for the duration of the term of Council unless terminated as provided for under the subsequent section. 7.2. For the period of time between the end of the term of Council and the renewal or replacement of this Memorandum by the subsequent Council, the terms of the Memorandum will be considered to be in effect, excepting Section 3.1.2. 8. TERMINATION 8.1. This Memorandum may be terminated by either party at any time with sixty (60) days’ notice, delivered in writing as provided below. 9. NOTICES 9.1. All notices, requests, directions or other communications ("Notices") required or permitted herein will be in writing and will be delivered to the parties hereto respectively as follows: If to the Town of Tillsonburg: The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 t) 519-688-3009 ext. 3224 f) 519-842-9431 Attn: Clerk If to the TDCG Tillsonburg District Craft Guild 41 Bridge St. W. Tillsonburg ON N4G 5P2 t) 519-842-6151 Page 190 of 315 Page 5 / 8 TDCG MOU 2019-2022.DRAFT.docx IN WITNESS WHEREOF the duly authorized officers of the parties have executed this Agreement as of the date first written. The Corporation of the Town of Tillsonburg By: ____________________________________ Name: Stephen Molnar Title: Mayor of Tillsonburg By:_____________________________________ Name: Donna Wilson Title: Clerk Date: We have authority to bind the Corporation. Tillsonburg District Craft Guild By: ______________________________________ Name: Gale Connor Title: President of the Board of Directors Date: I have authority to bind the TDCG Page 191 of 315 Page 6 / 8 TDCG MOU 2019-2022.DRAFT.docx “Schedule A” The Tillsonburg District Craft Guild was instrumental in providing programming support in the following activities in 2018: ● Family Day ● Kids Camp/PA Day activities ● Farmers Market (May to November) ● Oxford Studio Tour ● Doors Open Oxford ● Tillsonburg Garden Tour ● Turtlefest/Creative Imaginations ● Canada Day Pancake Breakfast ● Summer Camps ● Week of Remembrance ● Christmas Tour of Homes ● Help Portrait ● Trivia Night ● Sip, Swirl, Swallow (Local Wines & Cheeses) ● Holiday Arts Market Page 192 of 315 Page 7 / 8 TDCG MOU 2019-2022.DRAFT.docx Schedule B Assignation of Responsibilities with respect to Buildings, Maintenance, Repairs, and Contracts Town Responsibilities Station Responsibilities 1. Bricks and Mortar-Structural-exterior- roof, foundation, courtyard 2. Snow Removal 3. Lawn maintenance 4. Sidewalk maintenance 5. Utility repair and replacement-HVAC, electrical, plumbing 6. Any audits for security, utilities, structure 7. Present upgrades/repairs/alterations to Town Council for consideration. 8. Liaison with the Station for Station Board meetings and presentations to Town. 9. Pre-existing contracts for service & repair contractors by the Station will be honoured by the Town so long as they have WSIB and insurance (i. e. D&B ClimateCare, ADT) 10. ADT: Agents of the Town (owner) are emergency contacts after Guild contacts. 11. Manager of Parks & Facilities and Facilities Supervisor have security access to the Red Station and ADT panel. 12. Manager of Parks & Facilities will have key to main door should Red Station entry fail. 1. Interior aesthetics 2. Painting interiors 3. Utility costs 4. Monitored security and smoke alarm system 5. Janitorial requirements 6. Contact Manager of Parks & Facilities in emergencies with structure, HVAC, electrical, plumbing 7. Notify Town Liaison with any upgrades/repairs/alterations that should be considered for Town Budget deliberations for the next year. This is done annually in the fall for Council and confirmed if allowed by March of the following year. 8. Notify Town Liaison of any grant applications for aesthetics that may address structure, HVAC, electrical, plumbing for approval and letter of support for application, along with 3 quotes for the project. 9. Any variations/overages may be considered by the Town and calculated as a variance and part of the operating budget of the Town for this facility. Under $5000 may be addressed at the discretion of the Manager of Parks & Facilities as operational repairs. 10. Amounts over $5000 must go to Town Council for consideration as capital expense. Process to Commence Work Process to Commence Work 1. Assess request from Station 2. Emergency-confirm repairs to be done and any preexisting contractors to carry out work 3. Inform Station when work is to Call in customer service general line 516-688- 3009 or call/email Manager/Supervisor directly at contact information below. i.e. requests for work Email and Call if urgent Page 193 of 315 Page 8 / 8 TDCG MOU 2019-2022.DRAFT.docx commence and the contractor being used 4. General request-may use preexisting contractors but still requires quotes Town Contacts by priority TDCG Contacts by priority 1. Manager of Parks & Facilities Corey Hill chill@tillsonburg.ca, 519-688-3009 x4232 (w), 519-808-7727(c) 2. Facilities Supervisor Karen Patenaude kpatenaude@tillsonburg.ca 519-688-3009 x 2248 (w) 519-403-6881 (c) 1. Executive Director Deb Beard office@stationarts.ca 519-842-6151(w) 519-983-7378 (c) 2. TDCG Treasurer Diane Patenaude - dpatenaude@stationarts.ca 3. TDCG President Gale Connor gconnor@stationarts.ca Page 194 of 315 Report Title 2018 RCP Departmental Activity Reports Report No. RCP 19-07 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date January 28, 2019 Attachments  2018 RCP Q4 Activity Reports Page 1 / 3 2018 RCP Departmental Activity Reports RECOMMENDATION THAT Council receives Report RCP 19-07 – 2018 RCP Departmental Activity Reports for information. EXECUTIVE SUMMARY Attached are activity reports from the Recreation Programs & Services Division, the Culture & Heritage Division and from the Parks & Facilities Division for the last quarter of 2018. These updates are normally provided quarterly for Council’s information. BACKGROUND Council asked for reporting on the tourism service figures from the Tillsonburg District Craft Guild as per the following criteria: The Craft Guild supplied the following data: Page 195 of 315 Page 2 / 3 2018 RCP Departmental Activity Reports FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 196 of 315 Page 3 / 3 2018 RCP Departmental Activity Reports Report Approval Details Document Title: RCP 19-07 - 2018 RCP Activity Reports.docx Attachments: - RCP 19-07 - ATT 00 - 2018 RCP Q4 activity reports.pdf Final Approval Date: Jan 23, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jan 23, 2019 - 11:37 AM Page 197 of 315 Report Title October - December 2018 Activity Report: Recreation Programs & Services Report No. RCP 19-07 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date January 28, 2019 Attachments Page 1 / 4 RCP 19-07 - ATT 10 - Oct-Dec 2018 Activity - Rec Programs and Services.docx BUSINESS SERVICES TEAM The Business Services Team is responsible for: • administration; • customer service & reception; • advertising, merchandise & vending sales; • marketing; • program registration; and • facilities bookings & rentals Administration Legend RMS continues to be the main focus of the Business Services Team. It is now 8 months into the software use. Several issues have not been completely resolved yet or staff has found a “work around.” These include financial concerns with refunds and credits, inability in registering for “day of” courses, resource booking after midnight and scheduling payments to name a few. Additional training in Reporting through Legend software is needed to create and develop quarterly reports specific to different program areas. This involves selecting proper data sets and filters. Training has been scheduled for January 2019. The Fee Assisted Recreation Experiences (F.A.R.E.) program had 69 families enrolled. The bus trips are very popular with many family members as a means to experience the theatre and ball parks. Currently there is less than $1,000 funding available. The Business Services team was short one full-time person from Labour Day to mid-December due to a disability leave, but the role was not backfilled. The remaining staff, supplemented with assistance from other areas, was able to maintain most regular functions but some planning tasks and quarterly administration tasks were not completed. Programs & Facilities Tillsonburg First Baptist Church has continued with their Sunday services here at the community centre. The Church uses the Auditorium, Rotary Room and Marwood Lounge each Sunday morning. TMHI hosted two tournaments in the fall – Rep tournament October 19-21 with teams traveling from West Grey, Kincardine, Mitchell, Huntsville and Saugeen Shores to name a few. The A/E tournament November 2-4 saw teams from Ilderton, Wallaceburg, Saugeen Shores, Fort Erie and South Huron. The John McKay skating competition was cancelled this year. This is the first time since 2008 that the competition will not be held. Meetings were held in November with seasonal ballfield users and seasonal ice users to provide updates and review issues. Page 198 of 315 Page 2 / 4 RCP 19-07 - ATT 10 - Oct-Dec 2018 Activity - Rec Programs and Services.docx Sales & Services The winter guide advertising revenue is $3,430 compared to $ 3,403 in 2017. Winter guide programming did not match the report from Legend, and the team is working out a better monitoring system. December concert/dinner event was cancelled due to poor ticket sales, despite radio, newspaper, social media and poster advertising. The planned 2019 concert series events will be reviewed for viability and stronger selling strategy. The mini-pad rink board advertising program was prepared for sale. Several leads were pursued but so far there has been no success in landing any advertising in this location. Other activities included finalizing a draft for an overarching volunteer policy, updating the Municipal Alcohol Policy and sending out RFQs for recreation guide publishing. The Canada Day fireworks RFQ was issued and closed with the contract was awarded to GFA Pyro. Significant assistance was provided to the Clerk’s department including assisting with the election, with organizing the volunteer recognition event, the joint accessibility group annual meeting and the Council Inauguration event. Guide advertising was sold for amount of $3,429.96. The Commissioner of Oaths designation was obtained to support the Clerk’s office and a SmartServe certification. Looking Ahead To The Next Quarter Administration Continued work with Finance staff and Legend technicians to implement the required process and software changes, along with completing the 2018 year-end reporting will be the main focus for Q1 2019. Programs and Facilities Several tournaments are confirmed for the upcoming quarter:Tyke Tournament – January 12 & 13; NRL Game and Bunnyfest – January 19; Tillsonburg Old Timers Hockey Tournament – February 1-3; TMHI Girls Tournament – February 22-24; Max Partlo Memorial Tournament – March 1-3; TMHI Local League Tournament – March 22-24; Western Region Ringette Regionals – March 29 – 31; Skating Club Year End Show – March 30. There are two concerts in the Tillsonburg Concert Series (Feb 14 & March 23) and Family Day in Tillsonburg will be held on February 18. Sales and Services The focus will be on updating event policy and event development internally and externally, and the production of the Spring/Summer Recreation Guide; Other activities will include Excel and Legend software training; website and Facebook maintenance and a monthly departmental newsletter. Page 199 of 315 Page 3 / 4 RCP 19-07 - ATT 10 - Oct-Dec 2018 Activity - Rec Programs and Services.docx AQUATICS TEAM The Aquatics Team is responsible for: • swimming instruction; • indoor pool lifeguards; • waterpark lifeguards; • aquafit programming; • drowning prevention outreach programming; • lifeguard competition and synchronized swimming teams. Lifeguard University New Staff The new personnel obtained through the Lifeguard University have proven to be an excellent investment for the Aquatics Department. Replacements and staffing hours are easily covered by the full complement of eager staff. They are a young learning staff but are progressing well and we are looking forward to a productive summer. Indoor Pool Special Events During the final quarter we have had the pleasure of having a multiple visits by Glendale High School Students. Over 100 students have experienced Aqua Cycling, Aqua Jogging and swimming at the Indoor Pool. The successful Royal LePage rental was once again well attended by 580 Tillsonburg Students. The indoor pool was enjoyed by 400 eager swimmers and we were thrilled to see how well our admission standards work as there was not one rescue. On November 24th our fundraising event for the Lifesaving Society’s Drowning Prevention Campaign raised $1100. There were 10 participants in total and four made it the entire 8 hours! Needs Assessment Staff Input On November 12, 2018 experienced Aquatic Staff came together to provide input into the future of Aquatics in Tillsonburg. Monteith Brown Planning Consultants presented questions to gain the staff in attendance unique perspective. Staff feedback was provided regarding facility design and programming concerns and wishes. Staff are honoured to have been included in the process and are very excited to see what the future holds for Aquatics in Tillsonburg Looking Ahead To Next Quarter Swim to Survive The Swim to Survive program for Grade 3 Students is back again this year with partial funding being provided by the Lifesaving Society’s Drowning Prevention Campaign. All Tillsonburg schools will be attending as well as Port Burwell, Emily Stowe, South Dorchester and McGregor Schools. Spring/Summer Planning The brochure is already underway and will be submitted mid-January. Summer recruitment has been eliminated with our current compliment of staff staying with us for the entire year. This has freed up staffing time to allow our department more time for creative marketing planning for Spring and Summer. Legend Training Training will be provided January 21, 22, and 23 by Legend Developers. We are organizing our concerns and hopes that this training will provide us with the needed tools to support our programming needs. Page 200 of 315 Page 4 / 4 RCP 19-07 - ATT 10 - Oct-Dec 2018 Activity - Rec Programs and Services.docx PROGRAMS TEAM The Programs Team is responsible for: • Dry-land fitness instruction; • Health club operations; • Adult co-ed sport league programming; • Youth sport programming; and • Summer camp programming. Youth Programming: Youth Programs had 69 registrations for the quarter, with minimal programs cancelled. Youth Basketball and Volleyball have proved to be popular sports among youth participants. PA Day camps have not reached the registration numbers of past years, causing us to cancel our November camp. The current PA Day Camp program is due for a review to explore potential changes going forward. Adult Programming The Walter’s Family Christmas and Oh Canada Eh? bus trips both operated at full capacity, with 55 participants taking part. Volleyball Leagues operated at 87.5% capacity, with 14 of 16 teams registered. Drop-In Fitness attendance was down 18% compared to 2017. Looking at the entire year, 2018 classes operated at 97% of 2017. Only Yoga ran during the summer, no Fitness; rebuilding the participant base was a main focus of Q4. Health Club Health Club memberships remain steady with 464 members (304 on monthly terms, 160 with vouchers). Attendance in the Health Club was up 12% from the last quarter. The new PAYG single visit option has been a new source of revenue for the Health Club. This is despite not having the semi-annual membership sale in November that was held in the past 2 years. Compared to the last quarter, the membership base has grown slightly, at a 3% increase. Although attendance was up from the last quarter, compared to Q4 of 2017, Health Club attendance was down 15%. This also relates to a slightly larger membership base, but overall usage of the Health Club is lower than expected. Looking Ahead To The Next Quarter Spring/Summer programs have been entered into Legend ready for the next Recreation Guide. Building off of strong numbers for dance/gymnastics, and KidProof Babysitting, additional courses have been added for the spring session. A large focus for Q1 2019 will be rolling out the pilot program as part of the grant funding project to get people using the new private fitness studio. Page 201 of 315 Report Title October – December 2018 Activity Report Culture & Heritage Report No. RCP 19-07 Author Patricia Phelps, Culture & Heritage Manager/Curator Meeting Type Council Meeting Council Date January 28, 2019 Attachments ANHS 2019 CALENDAR OF EXHIBITS & EVENTS Page 1 / 4 RCP 19-07 - ATT 11 - Oct-Dec 2018 Activity - Culture and Heritage.docx ACTIVITY REPORT OCTOBER TO DECEMBER 2018 Traditionally the fourth quarter of the year is a very active quarter for the museum and 2018 proved to be no exception. The busy Christmas season, which begins in early November, once again brought visitors from both the local community and Southwestern Ontario. The educational program offered during the quarter saw an increase in attendance over 2017 with 32 school classes visiting during the final month of the quarter. All other planned exhibits, events and programs were successfully completed. ATTENDANCE UPDATE Attendance figures in the fourth quarter saw a 12% increase over fourth quarter numbers of the previous year. This increase can be attributed to higher visitation during the Christmas Season from both general visitors and school groups. Unfortunately, these higher numbers did not result in enough of an increase to counteract the loss visitation experienced due to the unexpected closure of the museum in the first quarter of this year. As a result the museum saw an overall decrease in annual attendance for 2018. It should be noted that 2017 was an exceptional attendance year for the museum as programing, exhibits and events centered on the celebration of Canada 150. The first public showing of the Hevenor Collection of Canadian Art had a marked impact on visitation for 2017. When visitation is compared to 2016, a more typical year, the 2018 decrease in attendance figures is minimal and explainable due to the January closure. 2016 2017 2018 Q1 Q2 Q3 Q4 YTD Q1 Q2 Q3 Q4 YTD Q1 Q2 Q3 Q4 YTD Admissions 279 561 509 871 2220 311 934 912 404 2561 192 533 522 612 1859 Programs 10 41 507 535 1093 27 290 341 618 1276 21 91 15 765 892 Events 343 933 2523 468 4267 288 1000 2867 553 4708 235 912 2624 446 4217 Tourism & Historical Information Services 293 384 402 264 1343 302 436 373 253 1364 164 323 452 289 1228 Members & Volunteers 480 581 424 638 2123 455 537 517 656 2165 365 548 381 655 1949 Room Rental Visitors 418 320 109 301 1148 398 247 240 238 1123 183 288 349 268 1088 QUARTERLY TOTAL 1823 2820 4474 3077 12194 1781 3444 5250 2722 13197 1160 2695 4343 3035 11,233 Page 202 of 315 Page 2 / 4 RCP 19-07 - ATT 11 - Oct-Dec 2018 Activity - Culture and Heritage.docx 2018 BUSINESS PLAN The fourth quarter saw the final two exhibits hosted in the Pratt Gallery for the year. “Life in Miniature” was an exhibit of over 100 works of art created by members of Oxford Creative Connections Incorporated. Members were challenged to create work that measured no larger than 12”x14”. The exhibit was curated and installed by OCCI staff and all works were for sale. Seventeen pieces sold during the show with $255.80 in commission from these sales being deposited in the Annandale Trust. The partnership between OCCI and the museum continues to be a positive one as 2018 saw a total of $984.80 deposited into the Trust account from commission on sales from both the exhibit and the permeant OCCI Corner Gallery. The final exhibit of the year proved extremely popular with all who attended, bringing back childhood memories to many. “Batteries Not Included” featured over 100 battery operated toys and games from 1950 to the present day. The entire exhibit was borrowed from area museums and collectors, as well as, from the basements and attics of museum volunteers. The museum has no battery operated toys in its permanent collection, hence the need to borrow these items. As previously noted 32 school classes participated in the educational program offered in conjunction with the exhibit. The classes came from Annandale Public School, Westfield Public School and St. Joseph’s Catholic School ranging in grade level between kindergarten and grade eight. The adult program “Victory: Tillsonburg in 1917 – Lunch & Lean” was offered in October and marked the final program in the Oxford Remembers – Oxford’s Own World War One 100th Anniversary Commemorative Project. Also hosted in October was the Harvest Pie Social. Both programs were well attended. The quarter saw delivery of mugs which were the last new souvenirs purchased by the museum in 2018. In total totes and mugs both showcasing the museum’s logo, were produced for sale along with 5 different sets of historic postcards. A special limited edition souvenir Charcuterie Board for the museum’s 45th Anniversary was also produced. Crafted by Ottercreek Woodworks, only 45 boards were commissioned using salvaged wood from a Lake Lisgar Maple. Each board was numbered and marked with a special 45th Anniversary logo. All forty-five boards were purchased. The annual decorating of Annandale House to create “Christmas at Annandale” was completed during the quarter by over 30 community volunteers. The Collection & Exhibit Specialist continued to work on both the backlog of cataloging and the accessioning of new items into the permanent collection. In the fourth quarter 9 new donations were accepted and processed. These donations consisted of 28 items ranging from photographs and documents to textiles including a 1920 Wedding dress, a 1880’s shawl from the Ostrander family and an F.B. Tillson pottery jug. In total 41 separate donors made donations to the museum in 2018 adding 246 objects of historical and cultural importance to Tillsonburg to the permanent collection. Of special note is a series of photographs taken around Tillsonburg in 1959 and a 1890’s souvenir plate featuring an image of the Town Hall, as well as photographs and a commemorative plaque from the 1960’s Annandale High school Football team. As stated in previous reports, volunteers, under the direction of the Collection & Exhibit Specialist, continue to add collection records to the museum’s computer data base and to scan the museum’s photographic collection into digital formats. This is an on-going project is making headway, but will still take several years to complete as the museum has written paper records on 18,000+ items in the collection which need to be added to the computerized system. Page 203 of 315 Page 3 / 4 RCP 19-07 - ATT 11 - Oct-Dec 2018 Activity - Culture and Heritage.docx ANNANDALE NATIONAL HISTORIC SITE 2019 CALENDAR OF EXHIBITS & EVENTS EXHIBITS IN THE PRATT GALLERY o Feb 3 to April 28 - Call the Doctor : History of Medicine in Tillsonburg o May 26 to Aug. 11 – Hello Dolly : Exhibit highlighting the museum’s doll collection o Aug. 25 to Sept. 29 - Those Crazy Quilts: Exhibition featuring Crazy Quilts o Oct. 2 to Nov. 3 – OCCI Life in Miniature Art Show II o Nov. 22 to Jan. 5, 2020 - From Candy Canes to Snow Covered Lanes: Exhibit examining the evolution of the Christmas card from postcards to e-cards. EXHIBIT OPENINGS Everyone is invited to the Exhibition Openings in the Pratt Gallery Admission by Donation * Light refreshments in the OCCI Corner Gallery o Sunday, February 3 – 2 pm o Sunday, May 26 – 2 pm o Sunday, August 25 – 2 pm o Thursday, October 3 – 7 pm o Friday, November 22 – 7pm HOLIDAY EVENTS & FESTIVALS Tour Annandale NHS and join the fun on the Lawn Admission by Donation o Jan. 6, – Mayor’s Annual Levee – 2pm o Feb. 18 – Family Day Fun at the Museum – 10 am o June 15 – Turtlefest – 10 am o July 1 – Canada Day Open House & Fun Fair - 12 pm o August 10 – Dolly & Teddy Bear Family Picnic – 12 pm o Nov. 22 – 24 – Christmas Open House Weekend – call for times WORKSHOPS & BUS TRIPS Hop on the bus for a fun day away or learn a new skill at a workshop o Feb. 14 – Spring Floral Workshop o March 15 – Bus Trip to Canada Blooms o April 18 – Easter Card Workshop o June 21 – Summer River Cruise Bus Trip o Sept. 26 – Fall Craft Brewery Bus Trip o Oct. 10 – Autumn Floral Workshop o Dec. 5 – Christmas Ornament Workshop LUNCH & LEARN SERIES A four-part series of catered lunches and historical talks Offered twice a week on either Thursday or Friday – 12 noon to 2 pm Limited seating * Advanced tickets only * Cost: $25.00 each or $80.00 for a series pass o Feb. 21 & 22 : Tillsonburg’s Architectural Treasures – Lecture by Laurel Beechey o Mar. 28 & 29: Buggies & Tin Lizzies; the story of Waller’s Carriage Works & Mabee’s Garage – Lecture by Patricia Phelps o Apr. 25 & 26: When Tobacco was King- Lecture by Paul E. Allen o May 30 & 31: Full Steam Ahead; History of Early Railroads in Tillsonburg – Lecture by Joan Weston Page 204 of 315 Page 4 / 4 RCP 19-07 - ATT 11 - Oct-Dec 2018 Activity - Culture and Heritage.docx SOCIAL TEAS & LUNCHEONS Socialize with friends and neighbours at the museum o Mar 8 –International Women’s Day Social Tea – 2pm o May 24 – Queen Victoria Social Tea – 2pm o Sept. 13 – Crazy Quilter’s Social Tea – 2pm o Oct. 25 – Welcome Home Luncheon - Tillsonburg 1919 – 12pm o Nov. 1 – Thirty & Fabulous Anniversary Luncheon – 12pm o Dec 20 – Poinsettia Social Tea – 2pm POWER POINT PRESENTATION SERIES A series of power point presentations and interesting talks that showcase the museum’s amazing collection Offered on Wednesday afternoons at 2:00pm o CALL THE DOCTOR o Feb. 06– Dr. Bennett o Feb. 13 – Dr. Joy o Feb. 20 – Dr. Alexander o Feb 27 – Dr. Rankin o Mar. 6 – Dr. Weston o BREAKING NEWS – NOT FAKE NEWS o Mar. 13 – Tillsonburg Observer 1869 o Apr. 10 – Tillsonburg Observer 1879 o May 8 – Tillsonburg Observer 1889 o Jun 12 – Tillsonburg Observer 1899 o SAY CHEESE – FAVOURITE PHOTOS FROM THE COLLECTION o Sept. 18 – Business & Industry o Sept. 25 – Sports & Leisure o Oct. 2 – People & Pets o Oct. 9 – School Days o Oct. 16 – Street Views Page 205 of 315 Report Title October - December 2018 2018 Activity Report Parks, Cemetery & Facilities Report No. RCP 19-07 Author Corey Hill, Manager of Parks & Facilities Meeting Type Council Meeting Council Date January 28, 2019 Attachments Page 1 / 3 RCP 19-07 - ATT 12 - Oct-Dec 2018 Activity - Parks and Facilities.docx ACTIVITY REPORT (Oct - Dec 2018) SPECIAL EVENTS New Year’s Eve – Facilities staff were tasked with many extra duties to prepare for and clean up from the New Year’s Eve event. Hockey Tournaments - There were multiple hockey tournaments at the Complex that required facilities staff to perform a variety of set-up tasks as well as clean up. Mayor’s Volunteer Appreciation Dinner – Large set-up in Auditorium for high visibility event including clean-up was completed by facilities staff. Clock Tower – Facilities staff & Leadership assisted in the Reembrace Day celebration by turning the lights at the Clock Tower red as well as ringing the bell 100 times. In addition, the Clock Tower lighting was turned green and red for the Christmas season. CAPITAL PROJECTS Playgrounds - Swing sets were replaced at Optimist Park, Coronation Park, Trottier Park, West Mount Park, Glendale Park & Optimist Park (7 new sets in total). This scope included removal of the older sets, site excavation/preparation, installation & backfilling with playground fibre mulch. Energy Retrofit – Arena Refrigeration Plant project work continued throughout Q4. This work focused on setting up the heat recovery functionality as well as tying in the outdoor pad for operations. This is a labour intensive project with numerous planning and logistical challenges. The Facilities Chief Operator and Director of RCP have been integral to the project. Plant programming and commissioning to occur in 2019 Q1 Museum Porch - The repair of the servant’s porch at the Museum was substantially completed. The slate roofing & painting will be completed in Q1/Q2 of 2019. Public Works – Fleet LED Conversion – The project was awarded and work commenced. Substantial completion expected in early 2019 Q1 Public Works – Fleet Pit Repairs – Work was procured and awarded to 2 separate contractors for the concrete repair as well as the metal fabrication. Work to commence in 2019 Q1 following completion of the LED project. Community Centre – Meeting Tables & Chairs – New tables and chairs were procured, ordered and received. OPP Sally Port Door Replacement – Based on pre-budget approval, commenced procurement process for replacement of the sally port overhead doors, controllers and related equipment. FACILITIES TEAM ACHIEVEMENTS Facility Repairs – The Facilities team facilitated and completed numerous repairs at all Town facilities. Facility Events – Multiple events/meetings set-ups and clean-ups Page 206 of 315 Page 2 / 3 RCP 19-07 - ATT 12 - Oct-Dec 2018 Activity - Parks and Facilities.docx Staffing – Multiple recruitment process were completed resulting in hiring 2 PT Facilities Attendants, 1 FT Facilities Operator II and a PT Facility Operator I. Recruitment for additional PT staff will be ongoing into Q1 2019. ACRs – Facilities staff received 140 requests for services within Q4. Housekeeping Contracts – Facilities facilitated the procurement, award and implementation plan for the new contracts for the Tillsonburg Community Centre, Public Works, Fire Hall, Customer Service Centre, Annandale National Historic Site, OPP and the Corporate Offices. The new contracts will commence in Q1 2019. LLWP – End of season maintenance and winterizing completed. Station Arts – Facilities Leadership worked towards compliance with building orders regarding interconnected fire detection, CO monitoring and exit signage. In addition, updated evacuation maps were created and posted onsite. Continued work towards full code compliance will commence into Q1 of 2019 contingent on budget approvals. J.L. Scott McLean Outdoor Recreational Pad – Facilities staff have been very involved in the final stages of the outdoor pad and required connections to the refrigeration plant. Many hours have been spent preparing operational plans, testing equipment and configuring settings in preparations for expected 2019 Q1 operations. PARKS & CEMETERY ACHIEVEMENTS Staffing – Parks & Cemetery/LEO staff transitioned to Roads for winter operations. New FT Parks & Cemetery Operator I/LEO & Operator I were hired. Irrigation Winterized - The irrigation systems at the Kiwanis & hardball diamonds, Oxford & Broadway parkette, the OPP station, CSC, Cemetery, Museum & Works Dept were all shutdown and winterized. Grass cutting – The contract for grass cutting ended. Trails - The final grade and inspections of the Tillsonburg Trails was completed. Memorial Trees - The fall memorial trees plantings were completed. These plantings occurred in Memorial Park & Participark. Fall Clean-Up – Town parks were cleaned up/leaves mulched in preparation for winter months. This process was disrupted due to equipment maintenance issues. BIA Benches - The BIA benches were removed from the downtown and taken to storage for the winter. Tree Removals - Parks staff oversaw the continued removal of multiple trees throughout Q4. Toboggan Hill - The toboggan hill was setup complete with ropes, signs and straw bales. Winter Wreath Campaign – The Cemetery team oversaw the commencement of the winter wreath campaign. Baseball Fields – Playing fields were edged, aerated & fertilized. Beautification Clean-up – Flower urns were removed from Broadway and enhanced beautification sites were cleaned-up and prepped for winter. Cemetery Foundations – Fall foundation work was completed. Snow Removal – Commenced winter operations specifically snow removal for the Cemetery, Elliot Fairbairn, Station Arts, the Complex, the Museum and the laneway to the Soccer Park. Graffiti Removal – There has been a significant increase in graffiti removal specifically in the memorial park area. New equipment for this purpose has proved very effective. Looking ahead to 2019 Q1 • Energy Retrofit project completion & commissioning • Commence operations of the J.L.McLean Outdoor Recreation Pad • Continuing to remove snow and salt facility parking lots as needed Page 207 of 315 Page 3 / 3 RCP 19-07 - ATT 12 - Oct-Dec 2018 Activity - Parks and Facilities.docx • Award and commence the replacement of the OPP sally port doors and controllers • Define scope of work and tender for multiple capital projects contingent on 2019 budget approval • Prepare the specifications and procure for new grass cutting contracts (existing contracts expired in 2018) • Preparations for Spring Flower Campaign at the Cemetery • Recruit and hire additional PT Facilities Attendants • Upgrades to OPP sprinkler system (operational budget) • Museum Porch slate & painting completion (possibly Q2 based on weather) • Fleet LED completion • Fleet pit repairs completion • New Housekeeping contracts to commence Jan 2, 2019 • Additional Station Arts code compliance work to be procured, awarded and commenced contingent on budget approvals • Continued graffiti removal • Ongoing maintenance of the toboggan hill • Continuing to remove snow and salt facility parking lots as needed • Preparations for Spring Flower Campaign at the Cemetery Page 208 of 315 The Corporation of the Town of Tillsonburg Heritage, Beautification and Cemetery Advisory Committee January 10, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Robert Marsden, Penny Esseltine, Christine Nagy, Sue Saelens, Marian Smith, Maurice Verhoeve, Paul Wareing, Ken Butcher, Paul DeCloet. Absent with Regrets: Reg Butcher. Also Present: Corey Hill, Amelia Jaggard 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Resolution #1 Moved By: Marian Smith Seconded By: Sue Saelens THAT the Agenda as prepared for the Heritage, Beautification & Cemetery Advisory Committee meeting of January 10, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 209 of 315 Committee: Heritage, Beautification & Cemetery Advisory Committee Page - 2 - of 3 Date: January 10, 2019 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved By: Christine Nagy Seconded By: Sue Saelens THAT the Heritage, Beautification & Cemetery Advisory Committee Meeting Minutes of December 6, 2018, be approved. Carried 5. General Business & Reports 5.1. Century Plaque Program – Update Paul Wareing’s Century Plaque Program Application was received and approved by the Clerk’s office. 5.2. Beautification Budget Corey Hill provided an update regarding 2019 beautification budget requests. Last year’s beautification budget was supplemented by a one-time grant funding of $20,000 which will not be available in 2019. Staff are proposing the same budget as the prior year. The garden at the skate park proved futile in 2018. The funds used at the skate park will be allocated to a garden at the dog park. Christine Nagy is making a delegation to Council on January 14, 2019 to provide information on the Tillsonburg Horticultural Society. 5.3. Cemetery Operations Council went on a Tour of Town Facilities and Infrastructure on Wednesday, January 9, 2019. Some Councillors shared negative comments regarding the maintenance of the cemetery. Page 210 of 315 Committee: Heritage, Beautification & Cemetery Advisory Committee Page - 3 - of 3 Date: January 10, 2019 6. Adjournment Resolution #3 Moved By: Ken Butcher Seconded By: Marian Smith THAT the January 10, 2019 Heritage, Beautification & Cemetery Advisory Committee meeting be adjourned at 9:18 a.m. Carried Page 211 of 315 TILLSONBURG BIA ANNUAL GENERAL MEETING Carriage Hall, 25 Brock St. W., Tillsonburg, ON Wednesday, January 16, 2019 – 7:00 p.m. MINUTES Present: D. Rushton, D. Scanlan, K. Yorke, S. Shoemaker, M. Tedesco, M. Christiaens, L. Oliveira, C. Appleton, L. Arnold, D. Covey, L. Covey, P. Luciani, D. Rasokas, C. Tomico, M. Renaud, K. Slattery, P. Esseltine, C. Pepper, M. Rosehart Regrets: W. Cameron, J. Scott, Councillor D. Gilvesy 1. CALL TO ORDER: C. Tomico, Chair called the meeting to order at 7:00 p.m. The Chair also then confirmed that there was a quorum present to continue the meeting. 2. DECLARATION OF PECUNIARY INTEREST: None. 3. WELCOME and INTRODUCTION: C. Tomico introduced the new Executive Director, Mark Renaud and new Events & Marketing Co- ordinator, Karlee Slattery. C. Tomico welcomed everyone to the meeting and thanked them for their attendance. 4. MOTION: Moved by D. Rasokas; Seconded by M. Tedesco and resolved that the agenda as prepared for the Annual General Meeting of the Tillsonburg BIA dated Wednesday, January 16th, 2019 be ADOPTED CARRIED Page 212 of 315 5. MOTION: Moved by M. Rosehart; Seconded by M. Christiaens and resolved that the minutes as prepared for the BIA Board of Management AGM of March 27th, 2018 be APPROVED CARRIED 6. CHAIR’S REPORT: C. Tomico delivered a PowerPoint presentation on the 2018 year in review; 2019 plan; 2019 beautifications; 2019 strategic imperatives; 2019 priorities and what direction the BIA is taking moving forward. P. Esseltine spoke to clarify the Town of Tillsonburg involvement and budgetary contributions to the BIA beautification in conjunction with the Tillsonburg Horticultural Society. C. Tomico spoke about the town debenturing the heritage streetlight installation which will impact 2019 financials. There were a few comments made by the membership regarding the new LED light fixtures casting a different colour and amount of light. C. Pepper commented that there was a proper engineering analysis which took place to confirm that the lighting was in fact in accordance with provincial standards. P. Esseltine also spoke about a connection with Fanshawe College and that she had the contact information and documentation. The ED will meet with P. Esseltine to review and follow-up with this. There was a brief discussion on re-constituting and re-implementing the “clean streets” program with Community Living. There were a couple of positive comments made about the new heritage streetlights that were recently installed. The Chair discussed the addition and importance of the new Events and Marketing Co-ordinator and their focus with new website development and work with specific events including the Turtlefest Block Party for 2019. The Chair reviewed a number of items that both the ED and EMC will be working on in the first quarter of 2019. There was also discussion of a retail recruitment strategy and newly revised MOU between the BIA Board of Management and Town of Tillsonburg being finalized and implemented in 2019. The ED commented that the Chair and ED had already met with CAO Calder to get this ball rolling forward. Page 213 of 315 7. TREASURER’S REPORT: D. Rasokas presented the 2018 financial year-in- review; answered questions from group; spoke about surplus resulting from no ED in place from April to November; highlighted FIP status and town contribution in 2018. There was a general discussion of the large amount of surplus funds on hand and on deposit at First Ontario Credit Union. There was a motion brought forward to invest a portion of said surplus funds and to allocate the remainder of surplus funds to reserves to cover off any future liabilities relating to tax appeals. The Treasurer spoke about the interest rate of 3.25% being offered to the BIA for the GIC’s which is an excellent rate of return. The ED also commented First Ontario is providing us with this high rate even though the funds are already on deposit at the credit union. Normally the 3.25% rate would only be available to “new monies” brought in from another financial institution. The ED commented that First Ontario has been excellent to deal with. There was also a discussion about the importance of budgeting for any tax liabilities in the future that could have a materially negative impact to BIA finances and why there was a contingency established for this in the new budget. The ED commented that as at 12/31/2018; there was approximately $238,000 in the BIA bank accounts at First Ontario Credit Union. MOTION: Moved by D. Rasokas and Seconded by M. Rosehart and resolved that $65,000 be transferred from the BIA bank accounts at First Ontario Credit Union to First Ontario GIC’s with a term date not to exceed 24 months. CARRIED MOTION: Moved by D. Rasokas and Seconded by L. Arnold and resolved that Good, Redden, Klosler LLP be appointed as the auditor for the BIA Board of Management until the next AGM. CARRIED Page 214 of 315 8. 2019 Budget: D. Rasokas spoke about the 2019 budget document and there was a general discussion and some questions from the floor. D. Rasokas explained the major changes from both the 2018 budget, 2018 actuals and 2019 proposed budget. The operating expenses including labour costs are significantly higher due to having a new ED in place for the entire 2019 year and also the addition of the contract Events and Marketing Co-ordinator contractor for all of 2019 as well. There was also discussion of the impact of the debenture for payment of the heritage streetlights which were installed in December of 2018. There was also a discussion of heightened investment in both beautifications and marketing programs for 2019. The Treasurer also made comment about why the marketing expenses are significantly higher than 2018 actuals and again it was discussed that due to not having an ED in place from end the end of March until December 3rd; that there was no planning and execution of normally planned for events like the Christmas Crawl promotion. With new resources in place for all of 2019l there will be a great deal more programs and promotions implemented and executed. MOTION: Moved by M. Tedesco and Seconded by P. Esseltine and resolved that the 2019 BIA Board of Management budget be adopted as presented. CARRIED 9. NOMINATIONS FOR AND APPOINTMENT OF THE 2019-2023 BOARD OF MANAGEMENT. The Chair opened the floor to nominations. There were no new nominations from the floor. Nominations were closed by C. Tomico. The following BIA members confirmed their interest to continue with the board: Page 215 of 315 C. Tomico; J. Scott; D. Rasokas; W. Cameron; M. Rosehart and M. Tedesco. There was a discussion about currently appointed board members who have not expressed an interest in being appointed for the new term. The ED commented that the BIA constitution has an existing clause to deal with board attendance. M. Rosehart commented about the protocol for dealing with board members who were not in attendance at the AGM nor who had expressed an interest in continuing on. P. Esseltine commented that the nominated slate of candidates should only be those who had contacted the BIA and Town and who had continued to express an interest to serve on the board for the new term of council. After this discussion, the following motion was brought forward: MOTION: Moved by M. Rosehart, and seconded by S. Shoemaker and resolved that C. TOMICO, J. SCOTT, D. RASOKAS, W. CAMERON, M. ROSEHART AND M. TEDESCO are hereby appointed to the BIA Board of Management for the 2019-2013 term and authorization to notify the Clerk of the Town of Tillsonburg for consideration and approval by Municipal Council pursuant to the Town of Tillsonburg appointment bylaw. CARRIED 10. New business: None. 11. Adjournment: Moved by M. Rosehart that the meeting be adjourned at 8:08 p.m. Page 216 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4253 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R2-19’ the zone symbol of the lands so designated ‘R2-19’ on Schedule “A” attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “7.5.19 LOCATION: NORTH SIDE OF SANDERS CRESCENT, WEST OF DENRICH AVENUE, LOTS 3-8, PLAN 41M-241, R2-19 (KEY MAP 22) 7.5.19.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-19 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1. 7.5.19.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-19 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.19.2.1 LOT COVERAGE Maximum 45 % 7.5.19.2.2 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.19.2.3 FRONT YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.19.2.4 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 7.5.19.2.5 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-19 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.19.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. Page 217 of 315 The Corporation of the Town of Tillsonburg By-law Number 4253 Page 2 READ a first and second time this 28th day of January, 2019. READ a third time and finally passed this 28th day of January, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 218 of 315 L O T 5L O T 4L O T 3L O T 6L O T 7L O T 8 R E G I S T E R E D P L A N 4 1 M - 2 4 1 SANDERS CRES DENRICH AVER=8.00A=12.57N38°11'00"W 27.02N51°42'00"E 27.54N29°37'30"W 35.00N51°42'00"E 35.60 R=300.00 A=45.42 R=265.00 A=40.13 LOTS 3 TO 8 (INCLUSIVE), REGISTERED PLAN 41M-241TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R2-19 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4253, PASSED THE 28th DAY OF JANUARY, 2019 SCHEDULE "A" TO BY-LAW No. 4253 © 6 0 6 12 183 METRES Page 219 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4258 A BY-LAW TO AUTHORIZE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND TILLSONBURG HYDRO INCORPORATED WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Memorandum of Understanding with Tillsonburg Hydro Inc. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Memorandum of Understanding attached hereto as Schedule “A” forms part of this By-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Memorandum of Understanding marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 28th day of January, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of January, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 220 of 315 Master Service Agreement - 1 - MASTER SERVICES AGREEMENT THIS AGREEMENT made effective as of January 1, 2019, (the “Effective Date”) BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (Hereinafter referred to as the “Town”) - And - TILLSONBURG HYDRO INC. (Hereinafter referred to as “THI”) WHEREAS THI is a duly incorporated and licensed electricity distributor pursuant to the law of the Province of Ontario; AND WHEREAS both the Town and THI are separate corporate entities; AND WHEREAS the Parties have agreed that the Town will provide services as listed in Schedule A to THI on a fee-for-service basis and the Town shall provide such further and other products and services as may be agreed to in writing, by the Parties from time to time; AND WHEREAS the Town has the knowledge and expertise to provide the Services to the required standards; AND WHEREAS the Parties acknowledge and agree that in providing goods and services contemplated herein the Town acts as an independent contractor and not as an agent, partner, or servant of THI; AND WHEREAS the Parties shall consult as frequently as may be desirable to ensure that THI receives adequate, economical and effective services as listed in Schedule A as attached to this document. NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements set forth, and for other good valuable consideration and the sum of two ($2.00) dollars of lawful money of Canada now paid by each of the Parties to the other (the receipt and sufficiency of which is hereby expressly acknowledged), the Parties covenant and agree, and with each other, as follows: Page 221 of 315 Master Service Agreement - 2 - 1. Definitions 1.01 “ARC” means the Affiliate Relationships Code for Electricity Distributors and Transmitters, Revised March 10, 2015, as such may be amended by the Ontario Energy Board; 1.02 “Board” means the board of directors of the THI; 1.03 “Customer Service Costs” means the cost incurred by a Party to bill and collect and to provide related Customer Services. 1.04 “Customer Services” means all services related to customer services, which without limiting the generality of the foregoing shall include services identified in Section 6 of Schedule A; 1.05 “Direct Costs” means the costs incurred directly by THI for its own operations including but not limited to electrical power costs for Standard Supply Services, IESO costs, Hydro One Transmission costs, Competition Transition Charge, Retail/Wholesale Settlement costs, Ministry of Finance costs, OEB costs, Electricity Distributors Association (EDA) dues, property taxes, Municipal Electricity Association Reciprocal Insurance Exchange (MEARIE) insurance and other insurance premiums, legal, accounting and audit fees, etc. (3rd party costs that are paid on behalf of THI by the Town) 1.06 “Distribution System Plan” means a distribution system plan meeting OEB requirements. 1.07 “ESA” or “Electrical Safety Authority” means the Electrical Safety Authority or any successor entity thereto; 1.08 “Extraordinary Costs” means those unusual and unanticipated costs as more particularly described in Section 9. 1.09 “Fully Allocated Cost” means the sum of Direct Costs plus a proportional share of Indirect Costs. 1.10 “Independent Electricity System Operator” or “IESO” means the Independent Electricity System Operator or any successor entity thereto; 1.11 “Independent Director” means an Independent Director as defined by the ARC; 1.12 “Indirect Costs” means costs allocable costs of equipment and labour such as overhead; Page 222 of 315 Master Service Agreement - 3 - 1.13 “Joint Committee” means a committee consisting of the Chief Administrative Officer of the Town, General Manager Hydro Operations, and two Board appointed independent directors and the Chair of the Board as an ex-officio member. 1.14 “Ontario Energy Board” or “OEB” means the Ontario Energy Board or any successor entity thereto; 1.15 “Parties” means the Town and the THI; and “Party” means either one as the context requires; 1.16 “Person” means any other businesses or persons with which the Town chooses to establish a business relationship; 1.17 “Services” means the services required by a typical electrical distribution company, including but not limited to, the list contained in Schedule A. 1.18 “Standards” means the guidelines, regulations, laws and/or policies as set out by: • Electricity Safety Authority (ESA), • Independent Electricity System Operator (IESO), • Infrastructure Health and Safety Association (IHSA), • Minister of Energy (MoE), • Minister of Finance (MoF), • Minister of Labour (MoL), • Minister of Transportation (MoT), • Measurement Canada (MC), • Occupational Safety and Health Administration (OHSA), • Ontario Business Corporations Act (OBCA), • Ontario Energy Board (OEB), • Ontario Municipal Board (OMB), • Deemed Rates, • Or other regulatory bodies not identified 2. Term 2.01 Unless terminated in accordance with Section 22, the term of this Agreement shall be from January 18, 2019 to and including December 31, 2023. 2.02 In providing any and all Services as identified in Schedule A for THI, the Town shall be responsible for maintaining regulated and non-regulated performance Standards as determined by various industry regulators, and shall not discriminate in its performance and delivery of identified services. The Town shall periodically provide sufficient evidence to THI to demonstrate compliance with both regulated and non-regulated Standards. If the Town fails to meet a performance Standard, the Town shall (i) inform THI of the failure; (ii) provide information as to how the performance Standard will be met in the future; and (iii) identify any potential liabilities or repercussions from failing to meet the performance Standards. Page 223 of 315 Master Service Agreement - 4 - 3. Force Majeure 3.01 It shall not be a breach of this Agreement if the Parties to this Agreement fail to perform their obligations to provide services, work, or the supply of goods or materials to either Party by reason of war, insurrection, tempest, or any other event beyond the reasonable control of the Parties. The foregoing shall not apply to an obligation to pay money. The Party seeking to invoke force majeure shall provide written notice to the other party of the event, the cause of the event, steps being taken to remedy the event and estimated duration of the event of force majeure. 3.02 In the event of a strike or lockout by town employees the Town will arrange for continuence of services as set out in Schedule A. 4. Covenants of the Town 4.01 Subject to being able to fulfill the obligations of the Town to THI hereunder, the Town shall be free to offer Services to any other person. 4.02 The Town shall be responsible for obtaining and maintaining all necessary approvals, licenses and permits and for complying with all applicable federal, provincial and municipal laws, regulations, codes, orders, decrees and directives in connection with the provision of the Services hereunder. The Town shall, at least annually and when requested by THI, provide THI with adequate evidence of its compliance with this Section. 4.03 The Town shall comply, with all applicable Federal, Provincial and Municipal laws, rules, regulations, codes, and THI policies from time to time in force which are brought to its notice or of which it should reasonably be aware. 4.04 The Town shall pay for and maintain for the benefit of THI, appropriate insurance concerning the operations and liabilities of the Town relevant to this Agreement. 4.05 The Town shall be entitled to retain competent and properly qualified consultants, contractors and other third parties in accordance with procurement policies, where practical unless otherwise directed by the Board, in order to deliver the Services. The Board may recommend the Town to retain consultants, contractors, and other third parties in accordance with procurement policies to perform any or all of the services as set out in schedule A. Management of any THI vendor contracts will be the responsibility of the Town. The Town shall follow any Standards and applicable laws and by-laws in securing the services of such consultants, contractors or third parties. Page 224 of 315 Master Service Agreement - 5 - 5. Confidentiality and Ownership of Information 5.01 Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act and the ARC and any other legal requirement to disclose information, it is agreed that confidential information of THI shall be kept in strict confidence by the Town. 5.02 The Town shall take such measures as are necessary in order to comply with the confidentiality obligations under subsection 5.01 above. The Town shall ensure its employees are properly informed of the requirements of the ARC. The Town shall provide an annual update to the Board regarding the measures taken to maintain the confidentiality of THI’s information and the training provided to employees in respect of the ARC and the Municipal Freedom of Information and Protection of Privacy Act. 5.03 Information stored or produced by any Party to this Agreement on the sole behalf of any other Party to this Agreement, shall be the property of the Party on whose sole behalf such information is stored or produced. Where such information consists of an original report, computer program, information, or intellectual property produced by a Party to this Agreement for the sole purpose of supplying services to that other Party and the cost of producing such report is included in the remuneration payable by such other Party, the property (including copyright and moral rights) to such original report, computer program, information, or intellectual property shall belong to such other Party. The foregoing shall not apply where information is stored or produced by a Party to this Agreement on behalf of a third Party to this Agreement, or where the information is stored and produced by a Party to this Agreement for the mixed benefit of another Party and the Party which produced the information. 6. Costs 6.01 THI shall pay the Town the fees and charges for the Services more particularly described in Schedule A and as specified in Schedule B as attached. 6.02 Unless specifically stated applicable taxes are not included. 6.03 The costing provisions are set out in Schedule “B” and includes a fixed management fee of $140,000 for each of the years of the Agreement. The costing for each year of operations and capital costs shall be directly incurred costs. Services not rendered during any given year shall be reported to the Board annually. The Town and THI shall review the appropriateness of the management fee level as provided in the OEB’s most recent Cost of Service rate decision and any subsequent OEB decision, which stipulated that such a review should either involve, at a minimum include an opinion by, a reputable third party on such matters. Page 225 of 315 Master Service Agreement - 6 - 6.04 The Town shall provide to the Board, at least once annually, a plan for how the Services will be performed and a financial plan for such services. The financial plan shall include a monthly forecast of expenditures suitable to the Board. The Town shall track its performance and report to THI any significant variances from the approved financial plan. This plan should be brought to the Board before budget deliberations and should include at least 3 prior years of data showing actual vs. budgeted plan for the board to review. The Board will be made aware when the total amount of variances from the approved financial plan meets or exceeds, or is forecasted to be above the total financial plan by an amount of 5% or more. 6.05 Where the Town provides Services to THI, it shall use its best efforts to minimize the actual costs of providing such Services while still complying with all applicable regulated and nonregulated performance standards. The Town shall provide THI with detailed reporting upon request regarding the costs of all services performed. 6.06 It is acknowledged that there will be some duplication in the description of Services. Such duplication in the description is insignificant, does not imply that there is multiple costing for those Services, and the Parties agree that no such multiple costing is present. 6.07 The Parties agree that a reasonably competitive market does not exist for the total Services that THI acquires from the Town and therefore THI agrees to pay no more that the affiliate’s fully-allocated cost to provide the Services. THI shall obtain from the Town a detailed breakdown of the allocated cost of providing the Services as part of the annual business plan process. 6.08 Upon renewal of the term of this Agreement, the Town may adjust their fees upon ninety (90) days prior notice in writing to THI provided that if THI does not accept the adjusted costs and the Parties are unable to agree after negotiating in good faith, the adjusted costs may be submitted to arbitration pursuant to Section 11 of this Agreement. 6.09 THI agrees to reimburse the Town for any unanticipated events over and above normal customer service costs to which the Town may be put resulting from extraordinary unanticipated events such as fire, major storms, tornadoes, equipment failures, and the like provided such equipment failures are not caused by negligence on the part of the Town to perform services as outlined in Schedule “A” of this Agreement. 7. Remuneration 7.01 THI shall pay the Town in accordance with the actual costs incurred by the Town in performing the Services. 7.02 The aggregate remuneration, at a minimum, is payable quarterly to the Town in respect of the Services provided by the Town to THI shall, so long as the Town continues to provide full treasury and financial services, be recovered from the Page 226 of 315 Master Service Agreement - 7 - applicable Party by direct transfers of funds from and to the appropriate accounts at times convenient to the Town Treasurer in accordance with proper principles of contract administration and IFRS and business principles. The Parties to this Agreement specifically authorize that such transfers may be performed by the Town Treasurer or his/her designate, and such authorization shall remain in effect during the full term of this Agreement. In the event that the Town ceases to provide full treasury and financial services, the aggregate remuneration payable to the Town in respect of the services provided by the Town shall be requested in periodic invoices delivered by the Town, such invoices to be delivered not more frequently than monthly. The terms of any such invoice, whether so marked or not, shall be net 30 days. 7.03 The presence of subsection 7.02 shall not be interpreted to mean THI has unilateral ability, without the agreement of the Town, to terminate its use of full treasury and financial services from the Town. 7.04 The remuneration, payable to the members of the Board shall be an expense of THI and shall be processed by the Town pursuant to Board resolutions. 8. Annual Review of Schedules 8.01 The Parties shall review the contents of each Schedule on an annual basis. The purpose of such review shall be to determine whether the activities described in each Schedule continue to be accurate and done in a cost efficient manner. 8.02 In the event that during such a review, disagreement arises with respect to suggested amendments to any Schedule and such disagreement cannot be settled by the Parties, either Party may refer such to arbitration in accordance with Section 11 of this Agreement. 8.03 The review described in 8.01 shall be commenced within sufficient time so that the Parties might reasonably have completed their review in time for the annual Town budget and estimates process. 9. Invoicing 9.01 The Town shall submit an invoice and supporting documentation to THI for payment for all costs incurred by the Town in performing its Services. All invoices shall provide sufficient detail of the costs incurred and the description of the Services undertaken by the Town. All invoices shall be paid by THI within ninety (90) days from the date of receipt. A charge of one and one-half (1.5%) per month may be levied against all late payments. In the event of a dispute regarding an invoice, THI shall pay the undisputed portion of the invoice within ninety (90) days and shall promptly inform the Town of the disputed amount and basis for such dispute. 9.02 The Town will pay all accounts payable in a timely manner in order to minimize any vendor late payment charges. Page 227 of 315 Master Service Agreement - 8 - 9.03 The Town will submit details of any unanticipated events to THI for review before invoicing. Invoices for unanticipated events will be paid by the THI upon approval by the Board. 10. Easements 10.01 THI represents that it has secured all requisite easements necessary for the delivery of electrical services for the distribution of electric power throughout THI’s service area. 10.02 THI shall indemnify and save the Town harmless from any claims, demands, actions and applications brought against the Town arising from the failure of the THI to have secured easements or from any defect or deficiency in the easements secured by THI prior to the effective date of this Agreement. 10.03 After the effective date of this Agreement, the Town shall act on behalf of THI to secure all easements required for the performance of the expansion or upgrade of electrical distribution services pursuant to this Agreement. Any costs related to the acquisition of easements, including appraisal and legal costs, shall be paid by THI. 11. Customer Billing 11.01 The Town shall bill THI’s customers for electricity and distribution services supplied to them and such bills shall read “Tillsonburg Hydro Inc. Charges” and shall conform to the requirements of the OEB and any applicable laws. 11.02 Subject to 11.03, THI shall be responsible for all costs related to the bad debt associated with the non-payment of the electricity bills, provided the Town follows the Standards. 11.03 The Town shall assume responsibility for any billing errors arising after the commencement of this Agreement only to the extent that any such costs arising from the billing errors are unrecoverable from THI’s customer and only if the billing error is attributable to the Town’s negligence or the negligence of its servants, agents or representatives. 12. Arbitration 12.01 The Parties agree to consult with each other and to negotiate in good faith to resolve any differences or disputes which either Party may have relating to the interpretation, application or implementation of this Agreement, or any dispute which may arise over any costs, fees or other costs incurred and failing Agreement the Parties agree to resolve their disputes by arbitration as provided in subsection 12.02. Page 228 of 315 Master Service Agreement - 9 - 12.02 Arbitration of a dispute shall be commenced by written notice by a Party requesting arbitration to the other, which notice shall identify the issue or issues it wishes to submit to arbitration. Within thirty (30) days of the date of the notice, the Parties shall agree upon a single arbitrator and failing Agreement then each Party shall appoint an arbitrator and the two appointees shall within 45 days of the date of the notice of arbitration appoint a third person who shall act as Chair of the Arbitration Panel, and failing Agreement the Chair shall be appointed by a Judge of the Superior Court of Ontario pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991 c.A.17. 12.03 The commencement of the arbitration and all rules of procedure for the arbitration shall be by Agreement of the Parties, or failing Agreement, as determined by the arbitrator or Chair of the arbitrator panel. The provisions of the Arbitration Act, 1991, SO 1991 c.A.17, as amended or any successor legislation shall apply to the arbitration. 12.04 All decisions of the arbitrator or arbitrators, as the case may be, shall be made in writing and shall be delivered to all Parties within ten (10) days, or within such other time as the Parties may agree, from the conclusion of the arbitration. Except for matters of law only, all decisions shall be final and binding upon the Parties, their respective successors and assigns, and shall not be subject to appeal. 12.05 Each Party shall pay its own costs incurred in respect of the arbitration including the payment of its appointee to the arbitration panel, and in the case of a three person panel the Parties agree to share the fees of the Chair and other related costs equally. 13. Insurance 13.01 THI shall provide and maintain the following: (a) A Comprehensive General Liability Policy which shall name the Town as a Named Insured but only with respect to operations and services performed by the Town on behalf of THI; (b) An Environmental Impairment Policy which shall name the Town as a named insured but only with respect to operations and services performed by the Town on behalf of THI; (c) Directors and Officers liability insurance providing coverage for the directors of THI; (d) The Errors & Omissions Liability Policy which shall be in the name of THI with the Town added as a Named Insured but only with respect to claims for compensatory damage as a result of errors or omissions by the Town acting on behalf of THI; and, Page 229 of 315 Master Service Agreement - 10 - (e) Such other insurance in keeping with good utility practice. 13.02 The Town of Tillsonburg shall, at their expense obtain and keep in force during the term of the Master Service Agreement, Municipal Liability Insurance satisfactory to Tillsonburg Hydro Inc., and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury. 13.03 The Town of Tillsonburg shall indemnify and hold harmless Tillsonburg Hydro Inc., its officers, Board Members and employees from and against any liabilities, claims, expenses, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the Master Services Agreement attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service and caused by any acts or omissions of the Service Provider, its officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this agreement. 13.04 All policies referred to in subsection 13.01, 13.02 and 13.03 shall contain a clause requiring each insurer to give the Town or THI, as the case may be, ninety (90) days written notice prior to cancelling insurance coverage. 13.05 Both Parties will notify the Municipal Electric Association Reciprocal Insurance Exchange (MEARIE) of any occurrence, claim, suit and/or accident pertaining to the operations of the Named Insured and/or the operations performed by the Town on behalf of the Named Insured. 14. No Warranty or Guarantee 14.01 The Town provides no warranty or guarantee for any defective or deficient equipment or materials utilized except for the manufacturers or supplier’s warranties or guarantees applicable to the defective or deficient equipment or materials. 14.02 The Town will use commercially reasonable efforts to ensure obtain proper warranties and guarantees are obtained and managed for the benefit of THI. 15. Notices 15.01 All notices required to be given to either of the Parties under this Agreement shall be in writing and shall be delivered by prepaid registered post or hand delivery to the following: Page 230 of 315 Master Service Agreement - 11 - (a) The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Telephone: (519) 842-6428 Fax: (519) 842-9431 Attention: Town Clerk, copied to CAO and (b) Tillsonburg Hydro Inc. 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Telephone: (519) 842-6428 Fax: (519) 842-9431 Attention: Board Secretary, copied to Board of Directors or to such other address or individual as may be designated by written notice to the other Party. Any notice given by personal delivery shall be deemed to have been given on the day of actual delivery hereof and if sent by prepaid post, on the third day after mailing. 16. Successors 16.01 This Agreement shall inure to the benefit of and be binding upon the Parties and their successors and assigns, respectively. 16.02 The Parties acknowledge that substantial changes to legislation and regulations and government policies may to occur during the term of this Agreement which may affect the nature of the relationship between them. As a consequence thereof, the Parties hereby agree to consult and negotiate in good faith any amendments to this Agreement which may be necessitated by changes in the regulatory environment to preserve, to the extent practicable, the intent of the Parties. If after a reasonable period of negotiation the Parties are unable to conclude an amendment to this Agreement, either Party may submit their differences to arbitration as provided in Section 12. 17. Entire Agreement 17.01 This Agreement, including Schedules A and B, constitutes the entire Agreement between the Parties. Page 231 of 315 Master Service Agreement - 12 - 18. Amendments 18.01 Amendments to this Agreement shall only be effective when in writing and executed by the duly authorized signing officers of the Parties. 19. Headings 19.01 The headings in this Agreement are for purposes of reference only and shall not be read or construed so as to abridge or modify the meaning of any provision in the main test of this Agreement. 20. Governing Law 20.01 This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 21. Termination 21.01 In the event of non-performance by either Party of any material obligation(s) under this Agreement, the other Party may at its sole option elect to terminate this Agreement provided that the defaulting Party shall be given written notice of the default and shall be given sixty (60) days to cure the default, and then only upon failure to cure the default within the cure period, the Agreement may be terminated. Termination shall not relieve a Party of any obligation, responsibility or amount payable under this Agreement up to and including the date of Termination. 22. Liability and Indemnification 22.01 The Town shall indemnify and save THI, its officers, directors, agents and employees, if any, harmless from and against all any costs, courses of action, claims, demands, expenses or liabilities of any description incurred by THI or its officers, directors, agents or employees may suffer as a result of the omission, negligence or willful misconduct of the Town or those for whom the Town is legally responsible in the performance or nonperformance of this Agreement. 22.02 In situations where the Town and THI are jointly liable to a third person otherwise than in contract, THI shall reimburse, indemnify and save harmless the Town against any costs, courses of action, claims, demands, expenses or liabilities of any description incurred by the Town solely for the benefit of THI where the Town has not been negligent. 23. Joint Committee 23.01 It is a matter of importance to the Parties that there shall be proper consultation and involvement by THI in the performance of Services under this Agreement: Page 232 of 315 Master Service Agreement - 13 - (a) The Joint Committee shall meet as required to identify discuss and resolve issues of mutual concern to the Parties and receive updates.; (b) Either Party to this Agreement shall have the right to requisition a meeting of the said Joint Committee at any time upon five (5) days written notice to the other; and (c) Where a member is unable to be present at any meeting of the said Joint Committee, he or she may substitute another individual to attend and participate at any such meeting in his or her stead. 24. Relationship 24.01 Parties acknowledge and agree that the Town shall act as an independent contractor providing its services under this Agreement and the Parties further acknowledge and agree that nothing in this Agreement shall be deemed or construed to be the formation of a partnership between the Town and THI. 25. Survival 25.01 The following sections 5, 6, 7, 9 and 23 shall survive the termination of this Agreement. IN WITNESS WHEREOF the Parties have duly executed this Agreement on the date first above written: The Corporation of the Town of Tillsonburg Tillsonburg Hydro Inc. Mayor Per: Chair Per: CAO Secretary Page 233 of 315 Master Service Agreement - 14 - SCHEDULE A – LIST OF SERVICES A.1 HYDRO OPERATIONS (a) FULL DESCRIPTION OF THE SERVICE: Provision of a (Full Time) General Manager of Tillsonburg Hydro Inc. • Provision of a General Manager for the THI who is a Town Employee. Substation Maintenance • To provide supervision, labour, materials, equipment and tools to maintain all the substations, substation buildings and substation fixtures including any tests, inspections or monthly monitoring and record keeping. Overhead Maintenance • To provide supervision, labour, materials, equipment and tools to maintain and repair all overhead lines, hardware, poles, switches, etc. To render repairs at any time to facilitate restoration or power with the least amount of inconvenience to the customer. Underground Maintenance • To provide supervision, labour, materials, equipment and tools to maintain and repair all Underground Lines, hardware, and switches etc. To render repairs at any time to facilitate restoration or power with the least amount of inconvenience to the customer. Inspection • Provide inspection and testing of the electrical plant to the present standards required by good utility practice, the THI and all applicable laws. Emergency Response • Provide 24 hour 7 day a week emergency response to all trouble calls. Transformer Installation and Repair • Provide qualified crews and supervision to install overhead, underground and pad mount transformers. To ensure proper voltage to customers. Page 234 of 315 Master Service Agreement - 15 - Service Installations • Provide qualified labour and supervision to install all types of services from 3 phase 27.6 KV primary to 120/240 volt single phase underground or overhead. Conservation Demand Management (CDM) • To meet all CDM related regulations and license conditions • Develop, maintain and monitor an approved CDM plan as required. Smart Grid • Provide necessary services to implement, maintain and monitor a smart grid plan in accordance with regulations, standards and practices. Service Repairs • Repair all primary cables and secondary services to re-establish power 24 hours 365 days a year. Relocation Work • To provide the supervisory services, labour, equipment, materials and tools necessary to move, remove, shift, or build electrical plant for the purpose of road, sidewalk or any other project on Town streets. Environmentally Hazardous Material Management • Provide expertise in Environmentally Hazardous Material Management, testing and reclassification of transformers when required. • Provide the required supervision, labour, equipment to remediate, clean up, contain, control, transport and store all material until decommissioning or disposal in accordance with all applicable law. Billable Work • To provide qualified crews and people and supervision to perform work for private individuals on behalf of THI. To provide customers of THI with expertise and knowledge and render service to customers on a 24 hours basis on behalf of THI. Customer Relations • To provide help to the customers of THI with their concerns such as no power calls, kites in wires and all other similar instances on behalf of THI utilizing, where appropriate, the Town Active Citizen Response (ACR) technology. The town will provide web presentment technology in Page 235 of 315 Master Service Agreement - 16 - association with smart meter and smart grid technology. The Town provides additional payment options including online methods for customers in order to pay their utility bills. Switching Operations • To arrange and facilitate all high voltage switching. To set standards and arrange all duties that crews require performing to standards and are done to IHSA, ESA, Ministry of Labour and Town of Tillsonburg rules and regulations. Memberships and License Fees • Maintain memberships / licenses with / in OEB, IHSA, HSA, EDA, ESA, etc.… • Providing, maintaining and fueling green fleet technology type vehicles owned by the Town as necessary to complete all maintenance and construction work as required to maintain service for the THI. Line Locate • Provide line locate to all requests within THI’s service area (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.2 ELECTRICAL ENGINEERING SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Maintain engineering files and records, both digital and hard copy. • Writing and maintaining technical specifications and procedures. • Installation, support and licensing of all engineering software. • Prepare and track the engineering budget and capital construction budget from concept to final estimates and provide variance explanations as required. • Review and comment on plans for proposed developments submitted by property owners and the Town of Tillsonburg Planning Services and other agencies. Page 236 of 315 Master Service Agreement - 17 - • Review and comment on plans for proposed new electrical services, over 150kVA, submitted by property owners. • Plan revisions and extensions to the electrical distribution system. DESIGN SERVICES • Plan, design and supervise the installation of all electrical plant and equipment related to capital and operations work. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.3 METER SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provide qualified Meter Technicians; • Install/remove residential electric meters; • Install/remove General Service Meters; • Install/remove Data recorders; • Install/remove CT and PT and prepare meter installations; • Provide technical advice on the procurement of all meters required by THI; • Maintain, verify or re-verify all meters according to schedule; • Install and maintain smart meters and implement smart grid technology in accordance with standards. • Maintain the appropriate meter database as required by Measurement Canada, the IESO, OEB or THI; • Identify all meters that have malfunctioned and assist in the necessary corrective actions required to address such malfunction; • Recommend to THI management any technological advances that should be implemented. Page 237 of 315 Master Service Agreement - 18 - • Test or have tested all meters according to general accepted principals for an Utility meter shop as set out by the current courses for Meter Technicians; • Provide technical assistance to customers and consultants on meter installation requirements; • Provide regular reports to THI management; • Provide management and supervision; • Provide safety training and ensure all employees work to IHSA safety standards; • Provide necessary vehicles and equipment of a general nature; (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.4 METER DATA MANAGEMENT (a) FULL DESCRIPTION OF THE SERVICES • Gather / Provide all meter readings; • Handle all customer complaints regarding incorrect readings or performance of meter readers; • Maintain meter reading software and systems; • Provide Verified, Edited or Estimated readings to THI’s CIS/billing package, retail settlement package or service, and posting as required for retailer access; • Maintain backup copies for the periods scheduled by THI; • Provide all supervision and management functions; • Provide all required equipment and supplies for employees; • Provide regular reports to adequately inform THI. Page 238 of 315 Master Service Agreement - 19 - (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.5 TREE TRIMMING (a) FULL DESCRIPTION OF THE SERVICE: • Trim trees to ensure that distribution lines and plant are clear of any obstruction. • Provide supervision and control to ensure that proper clearances are maintained. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • The Town will be cleared on a rotational basis once every three years. A.6 CUSTOMER SERVICES A.6.1 BILLING ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Calculation of monthly bills for customer; • Answer all customer inquiries including inquiries regarding bill calculation, type and cost of services offered, high consumption and power outages. Provide for over the counter service at the Customer Service Centre; • The Customer Service Centre is to operate between the hours of 8:00 a.m. and 5:00 p.m. Monday to Friday, excluding statutory holidays. These hours of operation are subject to change upon mutual Agreement between the Town and THI; • Handle all customer requests for connection and disconnection of services, roll- outs, and spot services; • Handle all customer complaints; Page 239 of 315 Master Service Agreement - 20 - • Ensure proper update of the billing system of all information, concerning, rate, consumer, location and retailer information; • Provide after-hours answering service to dispatch emergency calls; • Monitor and report on telephone access, appointments and written responses to inquiries as required by the OEB to meet the Performance Based Regulations; • Promote policies, and programs which encourage high levels of service; • Notification to retailers of changes in customer accounts. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Maintain high levels of customer satisfaction; A.6.2 DISPATCH (a) FULL DESCRIPTION OF THE SERVICE: • Provide radio dispatch service and necessary record keeping for customer service and emergency needs. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.6.3 GENERAL MAIL SERVICES (a) FULL DESCRIPTION OF THE SERVICES • Provision of mail and courier services excluding invoice mailings and including pick-up or receipt, processing, distribution and delivery; includes daily pick-up and delivery to and from the Tillsonburg Customer Service Centre (CSC). Page 240 of 315 Master Service Agreement - 21 - (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Pick-up and delivery to and from the CSC Daily • Delivery to work locations Daily by 10:00 a.m. • Pick-up from work locations Daily by 3:30 p.m. All mail will be processed by the end of the working day on which they have been received. A.6.4 REMITTANCE PROCESSING (a) FULL DESCRIPTION OF THE SERVICE: • Processing of all payments, including opening/sorting mail, data capture, encoding and preparing deposit; • Providing cashiering services at the Tillsonburg Customer Service Centre from 8:00 a.m. - 5:00 p.m. Monday to Friday, excluding statutory holidays. These hours of operation are subject to change upon mutual Agreement between the Town and THI; • Daily reconciliation of monies collected to system records. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • All payments will be posted the day they were received; • Bank deposits to be made daily; • Reconciliation of posted amounts and cash received daily and monitored for errors; • All payment investigations to be done on a timely basis; • Payment types to be accepted are Debit, Cash, and Cheque, Credit Card, Telebanking and bank payments. Page 241 of 315 Master Service Agreement - 22 - A.6.5 BILL DESIGN, PRINTING, INSERTING AND MAILING INVOICES (a) FULL DESCRIPTION OF THE SERVICE: • Design of a customer driven bill and collection notices. The design of the bill will ensure that the customer is aware THI is the energy distribution provider, and distinct from charges for other services on the bill; • Generate and/or print all monthly bills and notices for customers; • Inserting and preparing bills/notices for mailing including up to 3 additional inserts and business return envelopes and delivery to post office, including postal charges, at current rates. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • All mail will be delivered to Canada Post daily; • Mailing addresses will be verified for address accuracy; • Bills will be responsive to the customers’ needs and will conform to the requirements of the Regulator. A.6.6 COLLECTION SERVICES (a) FULL DESCRIPTION OF THE SERVICES • Notify customers of overdue payments by telephone, mail and continue notification processes until payment is received or discontinuation of services, for consumer and miscellaneous receivable accounts; • To obtain payment, notify of impending disconnection, and disconnection of hydro services when payment is not received; • Recommend and co-ordinate legal actions where payment is not received; • Trace and locate debtors on final accounts; • Administer the contract and co-ordinate services with the Credit Bureau and external Collection Agency; Page 242 of 315 Master Service Agreement - 23 - • Maintain accurate system records on all collection activity; • Collect deposits and/or other forms of security as required by the policies of THI; • Report on collection activity as required; • Recommend Collection Policies to reduce bad debts; • Recommend accounts to be written off. THI will assume the expense of bad debt write-offs relating to electricity charges and related administrative fees. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.6.7 CUSTOMER RELATIONS, ADMINISTRATION, BRANDING AND MARKETING (a) FULL DESCRIPTION OF THE SERVICE: • Administration, customer relations, and marketing for all Utility functions not covered in other schedules; • Provision and maintenance of a website for Utility information; • Provision of teleconferencing services, as required, for some or all of the board members for meetings. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7 MANAGEMENT SERVICES A.7.1 MEETING MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provision of a Recording Secretary to THI; • Preparation and distribution of agendas; Page 243 of 315 Master Service Agreement - 24 - • Take minutes of board meetings; • Minute preparation, distribution and retention; • General administrative support to Board members including correspondence, reports, bookings and other related tasks arising from board meetings; • Provision of suitable meeting room accommodations including a conference table and seating for Board members and other attendees. (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Agendas will be prepared and distributed two working days prior to meetings; • Minutes will be prepared and distributed within five working days following the meeting; • Minutes and all related documentation will be retained in secured storage. A.7.2 INSURANCE & RISK MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Placement and management of: (a) Liability and Property Insurance; (b) Directors and Officers liability insurance providing coverage for the directors of THI; (c) insurance claims administration and adjusting services; (d) assistance to the Board of Directors in the development of risk management procedures. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Town of Tillsonburg to be an additional named insured on all policies where such coverage is available; • Liability and property insurance will be obtained with the level of coverage to be determined by the Board of Directors. Shall provide in consultation Page 244 of 315 Master Service Agreement - 25 - with the Insurance Company(s), advice and assistance to the Board in connection with such policy limits; • Claims administration will be undertaken by the Town; • Adjusting Services for Claims will be provided when necessary; • Timely updates on matters of risk management, events, and occurrences. A.7.3 TELEPHONE SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Provision of the necessary telephones for all staff involved in electricity services, including required telephone lines, voice mail, cell phones where necessary, and specialized telephone equipment (i.e. headsets) for customer service personnel as may be required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.4 ACCOUNTS PAYABLE PROCESSING (a) FULL DESCRIPTION OF THE SERVICE: • Accounts payable processing. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, best practices and procedures. • Invoices are paid within their due dates. Discounts should be taken when possible; • Any late payment charges on invoices paid by the Town will not be passed on to THI. A.7.5 PAYROLL FUNCTIONS (a) FULL DESCRIPTION OF THE SERVICE: • Payroll functions. Page 245 of 315 Master Service Agreement - 26 - (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Employee(s) paid/filings (WSIB, Rec. General &c.) all done on a timely basis; A.7.6 MISCELLANEOUS ACCOUNTS RECEIVABLE ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Miscellaneous (non-consumer) accounts receivable administration. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Billings completed on a timely basis. • Collection of Accounts Receivable in accordance with legislative standards. A.7.7 RECORDS MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: Provision of records management services using records management software to: • Maintain file plans and retention schedules; • Transfer and store of inactive records; • Destroy records; • Retrieve and deliver inactive records; • Train Records Coordinators and other records service users; Page 246 of 315 Master Service Agreement - 27 - • Customize reports. (b) STANDARDS TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.8 FINANCIAL STATEMENT PREPARATION (a) FULL DESCRIPTION OF THE SERVICE: • Financial Statement Preparation. • Annual audit. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Minimum quarterly statements presented to the Board on a timely basis; • Audited financial statements to be completed on a timely basis. • Annual review of internal controls by third party (auditor). A.7.9 OTHER FINANCIAL SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Other financial services including rate applications, business plans, reports to the regulator and others as needed; • Includes provision of a Treasurer to THI, which Treasurer shall either be or, shall report to and, receive direction from the President of THI in accordance with established board policy... (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 247 of 315 Master Service Agreement - 28 - A.7.10 TREASURY SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Treasury services including financial systems integrity, internal controls, investment and banking administration, cheques and disbursement of funds, financial management and analysis, payroll and accounting administrative functions, purchasing services and hydro collection administrative services. • Bank reconciliations should be completed on a timely basis (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.11 LEGAL SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Consultants and outside solicitors engaged as deemed necessary but supervised and instructed by the General Manager or the THI Board of Directors; • Also provides outside legal representation and advice to Town departments which perform electricity services, whether directly or indirectly. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Basic legal services, including minute book and sign off on an as-needed basis; • Matters will be referred to outside solicitors. Page 248 of 315 Master Service Agreement - 29 - A.7.12 HUMAN RESOURCE SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Services will be supplied in respect of Town employees performing THI- related services; • Payroll and benefit management; • Salary Administration & Pay equity; • Labour Relations management; • Health and Safety. OHSA compliance. Injury and loss prevention. WSIB management including modified and related work programs; • Employment Services. Job Descriptions and job evaluations, recruitment, interviewing, selection. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.13 MISCELLANEOUS SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Miscellaneous services, not specified as services in any schedule, but provided to any of the foregoing at THI’s request and upon the Agreement of the Town. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.14 SENIOR MANAGEMENT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Senior Management Services not necessarily included within any other service schedule. Page 249 of 315 Master Service Agreement - 30 - (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.15 MANAGEMENT ADMINISTRATION (a) FULL DESCRIPTION OF THE SERVICE: • Management, administrative services and customer service and support using current industry standard technology: (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.7.16 INVENTORY MANAGEMENT - STORES (a) FULL DESCRIPTION OF THE SERVICE: • Maintain inventory levels to satisfy hydro operations and engineering needs; • distribution of materials and costs to hydro operations as released; • reconciliation of physical count v. book value; • provide purchasing needs for hydro stores & inventory; • provide purchasing needs for hydro operations external to stores. • Shall ensure scrap equipment and materials are properly handled and disposed of in accordance with applicable laws and regulations. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 250 of 315 Master Service Agreement - 31 - • Monthly cycle counts will be completed and an annual inventory to meet sufficient inventory levels to meet operating and emergency needs as required; • Keep inventory value at a reasonable and manageable level. • Timely purchasing and delivery to satisfy needs and maintain required levels of inventory. A.7.17 IT SERVICES (a) FULL DESCRIPTION OF THE SERVICE: • Installation and maintenance of all hardware including servers, and mainframes necessary for ongoing operations; • Installation, support, and licensing of all software applications; • Provision of network, email, and Internet access; • Programming support for custom applications. This includes design/implementation of new development as well as maintenance of current modules; • Database installation, support and licensing; • Security: Nightly, weekly, and monthly backups including disaster recovery. Firewall. Maintenance of employee profiles, access rights, and permissions; • Technical guidance for meetings, committees and projects. • Provision of Information Technology Security services • Develop and maintain a disaster recovery plan • Ensure outsourced service provides meet the same standards (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 251 of 315 Master Service Agreement - 32 - Hardware, Software, Database, Communications Availability Available 24 hours a day 7 days a week except for scheduled backups, maintenance, month end and year-end procedures. Problem Resolution • Priority 1 - Hardware, software, database, or communication failure which causes 1 person to be unable to carry out their main job function. An IT support technician will respond within 1 working day. • Priority 2 - Problems which do not cause an employee to be unable to carry out their main job functions are logged, prioritized and dealt with as soon as possible, depending on the availability of staff due to number of priority 1 and priority 2 problems. Programming Requests All programming requests are submitted to IT through ACR, logged and prioritized. Small requests are handled on a combined priority and first in first out (FIFO) basis. Large requests are prioritized and scheduled after discussion with the Town. Security / Information Technology Security / Disaster Recovery Plan • All Services provided in subsection (a) above shall be provided in accordance with standards (as set out by the OEB), financial performance, best practices and procedures. A.8 USE OF THE CUSTOMER SERVICE CENTRE, DISPATCH AND PROPERTY MANAGEMENT FACILITIES (a) FULL DESCRIPTION OF THE SERVICE: • Buildings, property, equipment, or other depreciable assets used by the Town to provide services to THI; • All aspects of Property Management relating to the Customer Service Centre, including janitorial, mechanical, electrical, plumbing, security systems, window cleaning, mats, pest control, fire plans; • Project management for renovations and mechanical replacement; Page 252 of 315 Master Service Agreement - 33 - • Cost of providing building/facility for stores, dispatch and hydro operation. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Available during normal office hours and on call 24 hours a day, 7 days a week; • Sufficient to house and provide necessary services. A.9 RETAIL/WHOLESALE SETTLEMENT & ENERGY MANAGEMENT (a) FULL DESCRIPTION OF THE SERVICE: • Retail / Wholesale Settlement; • Receive inputs from MDMR, IESO, Utilismart and other vendors as required; • Operate and maintain the Retail / W h o l e s a l e Settlement System; Track and remit Debt Retirement Charge; • Supply and maintain a modern settlement system or service; • Retain and Maintain required records; • Provide supervision and Management; • Provide energy management advice to customers and staff; • Inform THI management of energy management trends and recommend programs; • Perform, manage and investigate energy misappropriation providing THI with a proper Theft of Energy Program; • Provide Customer Education including education in the schools; • Maintain evidence and provide as needed support to prosecute energy theft to the full extent of the law; (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: Page 253 of 315 Master Service Agreement - 34 - • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. A.10 CAPITAL SERVICES A.10.1 CAPITAL PROJECTS (a) FULL DESCRIPTION OF THE SERVICE: • Provide labour, equipment and applicable materials to perform capital projects, the result of which will be to produce capital assets owned by THI as well as developing and maintaining the Distribution System Plan as required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • While the staff levels maintained by the Town permits a portion of that staff to be utilized for normal operating functions and for the performance of capital projects, the exact amount of in-house labour available to perform such capital projects will vary from time to time because of workload issues and other pertinent factors; • Town will make appropriate recommendations to THI from year to year and from time to time with respect to the capacity of Town staff to undertake projects on an in-house basis, and which projects (or which portions of projects) will need to be performed by contractors under contract to THI. Where such outside forces are contracted by THI, Town staff shall provide contract administration and management services in connection with such contracts to THI. • Town will track capital spending and provide regular reporting on level of expenditures and variances against budget and any approved Distribution System Plan. A.10.2 ACQUISITION & DISPOSITION OF REAL PROPERTY (a) FULL DESCRIPTION OF THE SERVICE: Page 254 of 315 Master Service Agreement - 35 - • Where the acquisition of real property is required to provide distribution services, the Town shall estimate value, obtain appraisals, negotiate, receive appropriate approvals and ensure closings for any required purchases on fee simple or easements; • Negotiate the sale of any surplus properties through tender or listing. Obtain any necessary approvals for disposition. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. • Services available on request of the THI; A.11 HEALTH & SAFETY (a) FULL DESCRIPTION OF THE SERVICE: • Ensure all Town employees and sub-contractors are properly trained and qualified for any work they are assigned and aware of all requirements for completing the Services; • Provide all required safety equipment in good working order; • • Provide safety training and ensure all employees work to IHSA, OHSA and any other applicable safety standards; • Promote public safety and awareness using external communication. • Ongoing measurement through audits of current programs and practices to ensure compliance • Support ESA audits or other government inspections as required. (b) STANDARD(S) TO WHICH THE SERVICE WILL BE PROVIDED: • All Services provided in subsection (a) above shall be provided in accordance with Standards, financial performance, best practices and procedures. Page 255 of 315 Master Service Agreement - 36 - SCHEDULE B – Costs Third Party Costs Without markup, THI will pay directly, or the Town will pay for and be reimbursed for third party expenses including but not limited to the following: Electrical power costs for Standard Supply Services, IESO costs, Hydro One Transmission costs, Competition Transition Charge, Retail/Wholesale Settlement costs, Ministry of Finance costs, OEB costs, Electricity Distributors Association (EDA) dues, property taxes, Municipal Electricity Association Reciprocal Insurance Exchange (MEARIE) insurance and other insurance premiums, legal, accounting and audit fees and similar reasonable fees. Internal Direct costs THI shall pay the direct labour, material and equipment cost of the Town utilized in providing the Services as follows: Corporate Admin Financial Admin Operations Admin Indirect or Overhead THI acknowledges that the Town is permitted to charge the fully allocated cost of labour used in providing the Services. THI can request any and all reporting of detailed costs related to THI from the Town. Page 256 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4259 A BY-LAW TO AUTHORIZE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND TILLSONBURG DISTRICT CRAFT GUILD WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Memorandum of Understanding with Tillsonburg District Craft Guild. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Memorandum of Understanding attached hereto as Schedule “A” forms part of this By-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Memorandum of Understanding marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 28th day of January, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 28th day of January, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 257 of 315 Page 1 / 8 TDCG MOU 2019-2022.DRAFT.docx Memorandum of Understanding BETWEEN The Corporation of the Town of Tillsonburg (Hereinafter referred to as the “Town”) -and- Tillsonburg District Craft Guild (operating as the Station Arts Centre) (Hereinafter referred to as the “TDCG”) Dated ___________, 2019 WHEREAS the TDCG and the Town wish to enter into this Memorandum to have the TDCG perform certain services and the Town provide certain resources described herein in accordance with the terms of this Memorandum; Now therefore in consideration of the mutual covenants of the parties set forth in this Memorandum and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the TDCG and the Town agree as follows: 1. PURPOSE The purpose of this Memorandum is to continue and expand a framework of cooperation between the Town and the TDCG for the provision of arts, culture and tourism information services in Tillsonburg to the benefit of both its residents and visitors. 2. STATEMENT OF BENEFITS 2.1. The benefits to the Town include: 2.1.1. The provision of Arts & Culture through classes, workshops etc. offered to the residents of Tillsonburg. 2.1.2. Raising the cultural profile of Tillsonburg through art exhibitions and create a cultural destination point in and for the Town of Tillsonburg. 2.1.3. The provision and expansion of youth cultural immersion in the form of supervised classes, Summer Art Camps, March Break program, workshops, School pilot programs, PA Day programs. 2.1.4. The provision of a tourism information centre that offers a high-profile location adjacent to Broadway and within the Downtown core. 2.1.5. The provision of tourism information and amenities to the general public and visitors to the Town through a tourism reception desk that can provide information and assistance. Page 258 of 315 Page 2 / 8 TDCG MOU 2019-2022.DRAFT.docx 2.1.6. The provision of a tourism coordination function to ensure effective liaison between local tourism initiatives/events and Tourism Oxford as well as other regional marketing initiatives. 2.1.7. The appropriate use of an existing Town-owned heritage building. 2.2. The benefits to the TDCG include: 2.2.1. Financial support for operational costs of providing arts and culture programming and supporting the provision of tourism information to visitors. 2.2.2. A facility and grounds to operate from to provide: a) art & culture exhibitions; b) space for retail sales of art and artisanal works; c) classes and workshops to TDCG members and the public; d) meeting and working space for TDCG members and activities; and e) ancillary TDCG activities. 3. RESPONSIBILITIES 3.1. The Town shall: 3.1.1. Allow the TDGC to occupy the Station Arts Centre building throughout the term of this Memorandum for furthering arts, culture and tourism in the Town of Tillsonburg and surrounding area. 3.1.2. Pay to the TDCG the sum of $40,000 in 2019. In 2020 and beyond, the amount will increase annually in accordance with the Consumer Price Index for Ontario for the previous calendar year. Payment will be made subsequent to the approval of the Town’s annual budget. 3.1.3. Agree to entertain negotiations and applications from time to time for special purpose grants. 3.1.4. Maintain the property at 41 Bridge St. W. to Town standards for Town Responsibilities as outlined in “Schedule B“ including, but not limited to: a) Structural maintenance such as roof and all other exterior items; b) Snow removal; c) Sidewalk maintenance; and d) Mechanical systems such as electrical and plumbing, heating and air conditioning systems. 3.1.5. Maintain the parkette surrounding the Caboose adjacent to the property at 41 Bridge St. West. 3.1.6. Appoint an ex-officio liaison between the Town and the TDGC for the duration of this Memorandum. 3.2. The TDCG shall: 3.2.1. Provide information and amenities to the general public and visitors during regular business hours; namely, Monday to Saturday from 9am-4pm with the exception of Statutory Holidays. 3.2.2. Provide trained staff to deliver the services noted in through a combination of full-time, part-time and volunteer staff. Page 259 of 315 Page 3 / 8 TDCG MOU 2019-2022.DRAFT.docx 3.2.3. Maintain program support for current activities the same as or similar to the list of events listed in Schedule “A”. 3.2.4. Partner with local events when applicable and possible. For example, but not limited to: a) Shunpikers Tour; b) Oxford Car Rally; c) Oxford Cheese Month; d) Participation on the Cultural, Heritage & Special Awards Advisory Committee; e) Oxford Creative Connections; and f) Woodstock Art Gallery (Visual Elements Juried Exhibit). 3.2.5. Maintain role as coordinator for the Electronics Recycling Program. 3.2.6. Maintain liaison role with Tourism Oxford through promoting local & cultural initiatives. 3.2.7. Maintain the property at 41 Bridge St. W. to Town standards for TDCG Responsibilities as outlined in “Schedule B“ including, but not limited to: a) payment of costs for all utility services; b) payment of costs for communications services including phone and internet service, alarm monitoring, etc.; c) interior amenities and aesthetics including painting and wall coverings; and d) perform or have performed all interior janitorial services. 3.2.8. Maintain the Caboose displayed at 41 Bridge St. W. parkette west of the Station to Town standards. 3.2.9. Maintain tenant insurance for the TDCG chattels on the premises. 3.2.10. Maintain a Liability Insurance policy with a minimum coverage of $5,000,000, and provide the Town with an annual Certificate of Insurance naming the Corporation of the Town of Tillsonburg as an additional insured. 3.2.11. Participate in appropriate planning and fundraising for long-term capital projects in liaison with the Town. 3.2.12. Provide quarterly updates to the Town with respect to the number of participants in the activities of the TDCG and an submit financial statements prepared by an accountant to the Town on an annual basis. 4. PROGRAM EXPANSION 4.1. To facilitate the provision of cultural and tourism service for the Town, programming must be kept current. As such the TDCG shall assist with new events and expand current events, and initiatives as proposed and approved by the TDCG board and community partners 4.2. The TDCG will liaise with Tourism Oxford and other tourism and community groups to develop new initiatives and approaches, ie. Cooperative marketing opportunities. 4.3. The TDCG will work with the Town and other agencies to build tourism, cultural awareness and opportunities, and where applicable, partner with other groups in Tillsonburg and area. Page 260 of 315 Page 4 / 8 TDCG MOU 2019-2022.DRAFT.docx 5. AMENDMENT 5.1. Notwithstanding this Memorandum, should any of the above responsibilities cause undue financial distress to the responsible organization, the Town and the TDCG shall each have the right to initiate a renegotiation and/or an amendment to this Memorandum. 5.2. Amendments within the scope of this Memorandum shall be made by the issuance of a written modification, signed and dated by the Town and the TDCG, prior to any changes being performed and by mutual consent of both parties. Returned email confirmation by the signing parties is also an acceptable form of amendments should the matter be time sensitive in nature. 6. PARTICIPATION IN SIMILAR ACTIVITIES 6.1. This Memorandum in no way restricts the Town from participating in similar activities with other public or private agencies, organizations and individuals. 7. EFFECTIVE DATE 7.1. This Memorandum is effective upon signature of the parties and will remain in effect for the duration of the term of Council unless terminated as provided for under the subsequent section. 7.2. For the period of time between the end of the term of Council and the renewal or replacement of this Memorandum by the subsequent Council, the terms of the Memorandum will be considered to be in effect, excepting Section 3.1.2. 8. TERMINATION 8.1. This Memorandum may be terminated by either party at any time with sixty (60) days’ notice, delivered in writing as provided below. 9. NOTICES 9.1. All notices, requests, directions or other communications ("Notices") required or permitted herein will be in writing and will be delivered to the parties hereto respectively as follows: If to the Town of Tillsonburg: The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 t) 519-688-3009 ext. 3224 f) 519-842-9431 Attn: Clerk If to the TDCG Tillsonburg District Craft Guild 41 Bridge St. W. Tillsonburg ON N4G 5P2 t) 519-842-6151 Page 261 of 315 Page 5 / 8 TDCG MOU 2019-2022.DRAFT.docx IN WITNESS WHEREOF the duly authorized officers of the parties have executed this Agreement as of the date first written. The Corporation of the Town of Tillsonburg By: ____________________________________ Name: Stephen Molnar Title: Mayor of Tillsonburg By:_____________________________________ Name: Donna Wilson Title: Clerk Date: We have authority to bind the Corporation. Tillsonburg District Craft Guild By: ______________________________________ Name: Gale Connor Title: President of the Board of Directors Date: I have authority to bind the TDCG Page 262 of 315 Page 6 / 8 TDCG MOU 2019-2022.DRAFT.docx “Schedule A” The Tillsonburg District Craft Guild was instrumental in providing programming support in the following activities in 2018: ● Family Day ● Kids Camp/PA Day activities ● Farmers Market (May to November) ● Oxford Studio Tour ● Doors Open Oxford ● Tillsonburg Garden Tour ● Turtlefest/Creative Imaginations ● Canada Day Pancake Breakfast ● Summer Camps ● Week of Remembrance ● Christmas Tour of Homes ● Help Portrait ● Trivia Night ● Sip, Swirl, Swallow (Local Wines & Cheeses) ● Holiday Arts Market Page 263 of 315 Page 7 / 8 TDCG MOU 2019-2022.DRAFT.docx Schedule B Assignation of Responsibilities with respect to Buildings, Maintenance, Repairs, and Contracts Town Responsibilities Station Responsibilities 1. Bricks and Mortar-Structural-exterior- roof, foundation, courtyard 2. Snow Removal 3. Lawn maintenance 4. Sidewalk maintenance 5. Utility repair and replacement-HVAC, electrical, plumbing 6. Any audits for security, utilities, structure 7. Present upgrades/repairs/alterations to Town Council for consideration. 8. Liaison with the Station for Station Board meetings and presentations to Town. 9. Pre-existing contracts for service & repair contractors by the Station will be honoured by the Town so long as they have WSIB and insurance (i. e. D&B ClimateCare, ADT) 10. ADT: Agents of the Town (owner) are emergency contacts after Guild contacts. 11. Manager of Parks & Facilities and Facilities Supervisor have security access to the Red Station and ADT panel. 12. Manager of Parks & Facilities will have key to main door should Red Station entry fail. 1. Interior aesthetics 2. Painting interiors 3. Utility costs 4. Monitored security and smoke alarm system 5. Janitorial requirements 6. Contact Manager of Parks & Facilities in emergencies with structure, HVAC, electrical, plumbing 7. Notify Town Liaison with any upgrades/repairs/alterations that should be considered for Town Budget deliberations for the next year. This is done annually in the fall for Council and confirmed if allowed by March of the following year. 8. Notify Town Liaison of any grant applications for aesthetics that may address structure, HVAC, electrical, plumbing for approval and letter of support for application, along with 3 quotes for the project. 9. Any variations/overages may be considered by the Town and calculated as a variance and part of the operating budget of the Town for this facility. Under $5000 may be addressed at the discretion of the Manager of Parks & Facilities as operational repairs. 10. Amounts over $5000 must go to Town Council for consideration as capital expense. Process to Commence Work Process to Commence Work 1. Assess request from Station 2. Emergency-confirm repairs to be done and any preexisting contractors to carry out work 3. Inform Station when work is to Call in customer service general line 516-688- 3009 or call/email Manager/Supervisor directly at contact information below. i.e. requests for work Email and Call if urgent Page 264 of 315 Page 8 / 8 TDCG MOU 2019-2022.DRAFT.docx commence and the contractor being used 4. General request-may use preexisting contractors but still requires quotes Town Contacts by priority TDCG Contacts by priority 1. Manager of Parks & Facilities Corey Hill chill@tillsonburg.ca, 519-688-3009 x4232 (w), 519-808-7727(c) 2. Facilities Supervisor Karen Patenaude kpatenaude@tillsonburg.ca 519-688-3009 x 2248 (w) 519-403-6881 (c) 1. Executive Director Deb Beard office@stationarts.ca 519-842-6151(w) 519-983-7378 (c) 2. TDCG Treasurer Diane Patenaude - dpatenaude@stationarts.ca 3. TDCG President Gale Connor gconnor@stationarts.ca Page 265 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4260 A BY-LAW, To Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby Established by The Corporation of The Town of Tillsonburg. WHEREAS the Council of the Town of Tillsonburg passed By-Law 2013 on December 13, 1977, to designated an improvement area within the Downtown of the Town of Tillsonburg; AND WHEREAS the Council of the Town of Tillsonbrug passed By-Law 3180 on October 24, 2005, to enlarge the area designated as an improvement area; AND WHEREAS Section 204(3) of the Municipal Act, S.D. 2001 Chapter 25 provides that the Board of Management for the improvement area shall be composed of one or more directors appointed by the municipality and the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. THAT a Board of Management be and is hereby established for the Business Improvement Area in the Town of Tillsonburg as designated by By-Law 3180 and shall be comprised of one (1) member of Town Council, and members of the BIA selected by a vote of the membership of the improvement area. 2. THAT the said Board of Management shall consist of the following members: Cedric Tomico John Scott Dan Rasokas Wendy Cameron Marcel Rosehart Mark Tedesco 3. THAT the foregoing members shall be appointed for a term ending the 1st day of January, 2023, or until their successors are appointed. 4. THAT the Board of Management is entrusted with overseeing the improvement, beautification and maintenance of buildings and structures in the area and to promote the area as a business or shopping area. 5. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED AND NUMBERED 4260 this 28th day of January, 2019. _________________________ MAYOR-Stephen Molnar ________________________ TOWN CLERK-Donna Wilson Page 266 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4262 A BY-LAW, To Appoint Directors to the Town of Tillsonburg Non-Profit Housing Board as Established by Tillsonburg Non-Profit Housing (2008) Corporation. WHEREAS it is necessary and expedient to appoint members to the Town of Tillsonburg Non-Profit Housing Board; AND WHEREAS the Town of Tillsonburg Non-Profit Housing Board shall be composed of one member of Council and the remaining selected by the Town of Tillsonburg Non- Profit Housing Board and appointed by the municipality. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. THAT the said Town of Tillsonburg Non-Profit Housing Board shall consist of the following members: Bob Hurley John Standridge Ron Gasparetto Joyce Hanson Terry Pierce Roderick VanRiesen John Hedderson William McMullin Cindy Burns 2. THAT the foregoing members shall be appointed for a term ending the 1st day of January, 2023, or until their successors are appointed. 3. THAT By-Law 3489 be and is hereby repealed. 4. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED AND NUMBERED 4262 this 28th day of January, 2019. _________________________ MAYOR – Stephen Molnar ________________________ TOWN CLERK – Donna Wilson Page 267 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4264 A BY-LAW to authorize an Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Ministry of Transportation (the “Ministry”) and the Corporation of the Town of Tillsonburg, for the purpose of receiving funds from the Dedicated Gas Tax Funds for Public Transportation Program. WHEREAS The Town of Tillsonburg is desirous of entering into a Dedicated Gas Tax Funds for Public Transportation Program Transfer Payment Agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto as Schedule "A" forms part of this By-Law; 2. THAT the Mayor and Treasurer be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg; 3. AND THAT this By-Law shall come into full force and take effect after the final passing hereof. READ FOR A FIRST AND SECOND TIME THIS 28th Day of January, 2019. READ FOR A THIRD AND FINAL TIME AND PASSED THIS 28th Day of January, 2019. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson Page 268 of 315 Page 269 of 315 Page 270 of 315 Page 271 of 315 MINISTRY OF TRANSPORTATION Dedicated Gas Tax Funds For Public Transportation Program 2018/19 Guidelines and Requirements Page 272 of 315 TABLE OF CONTENTS 1. DEFINITIONS ........................................................................................................................ 3 2. INTRODUCTION ................................................................................................................... 5 3. GENERAL ELIGIBILITY REQUIREMENTS AND CONDITIONS .......................................... 5 4. GENERAL PROGRAM ALLOCATION METHODOLOGY AND PAYMENT PROCESS ........ 7 ○ 4.1 General Program Allocation Methodologies 7 ○ 4.2 Payment Process 8 5. DEDICATED GAS TAX FUNDS RESERVE ACCOUNT AND INTEREST ............................ 9 ○ 5.1 Dedicated Gas Tax Funds Reserve Account 9 ○ 5.2 Interest 10 6. ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS ...................... 10 7. ADJUSTMENT, WITHHOLDING AND PAYMENT OF DEDICATED GAS TAX FUNDS AND OTHER REMEDIES .......................................................................................................... 10 8. ACCOUNTABILITY, RECORDS, AUDIT AND REPORTING REQUIREMENTS ................ 12 ○ 8.1 Accountability 12 ○ 8.2 Records 12 ○ 8.3 Audit 12 ○ 8.4 Reporting 13 9. COMMUNICATIONS ........................................................................................................... 13 10. CONFLICT OF INTEREST ................................................................................................ 14 11. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ......................... 14 12. LIABILITIES AND INDEMNITIES ...................................................................................... 15 13. COMPLIANCE WITH THE LAW ....................................................................................... 15 14. WHERE TO APPLY AND REQUEST OR PROVIDE INFORMATION .............................. 16 APPENDIX A: REPORTING FORMS ...................................................................................... 17 APPENDIX B: CANADIAN CONTENT POLICY ...................................................................... 18 APPENDIX C: VISUAL IDENTITY SIGNAGE REQUIREMENTS ............................................ 19 2 Page 273 of 315 DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM 2018/2019 GUIDELINES & REQUIREMENTS 1. DEFINITIONS When used in these guidelines and requirements, the words set out below that import the singular include the plural and vice versa: “baseline spending” means a municipality’s spending level, which equals the average municipal own spending on public transportation for the years 2001 to 2003 and includes a rate of 2% per year for inflation. For new transit systems that were not operational from 2001 to 2003, the baseline will be determined at the Ministry’s discretion until the municipality has three years of operation, whereby the first three years of municipal spending will be averaged and a rate of 2% per year for inflation will be applied. “Canadian Content Policy” means the Canadian Content for Transit Vehicle Procurement Policy, attached to these guidelines and requirements as Appendix B: Canadian Content Policy, which the Ministry may amend from time to time. “dedicated gas tax funds” means the money provided by the Ministry to a municipality to be used strictly towards eligible expenditures that are reasonable, in the opinion of the Ministry, and related directly to the provision of public transportation services, and “dedicated gas tax funding” has the same meaning. “dedicated gas tax funds reserve account” means an interest bearing account set up by a municipality, under its name and in a Canadian financial institution, where dedicated gas tax funds are deposited and can be tracked separately from any other funds that may be in the account. This does not need to be a separate account, so long as the dedicated gas tax funds can be tracked separately. “DFPTA” means the Dedicated Funding for Public Transportation Act, 2013, S.O. 2013, c. 2, Sched. 3. “eligible expenditures” means expenditures made by a municipality in direct support of public transportation operating or capital, or both, costs in accordance with Article 3 of these guidelines and requirements. “guidelines and requirements” means these guidelines and requirements entitled “Dedicated Gas Tax Funds for Public Transportation Program – 2018/2019 Guidelines and Requirements”, including Appendices A, B and C to these guidelines and requirements, which the Ministry may amend from time to time. “host municipality” means a host municipality as described in Section 4.2. 3 Page 274 of 315 “indemnified parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. “letter of agreement” means an agreement entered into between the Ministry and a municipality, including a host municipality, that sets out the terms and conditions under which the Ministry agrees to provide dedicated gas tax funds to the municipality, including those under these guidelines and requirements, and any amendments to the letter of agreement. “losses” means any and all liability, loss, costs, damages or expenses (including legal, expert and consultant fees). “major refurbishment” means: (a) for a subway car, light rail car, streetcar or trolley bus, the refurbishment where the life cycle is extended for a minimum of six years beyond the designed life cycle set out by the manufacturer; and (b) for a bus thirty feet in length or over, the refurbishment where, when the bus reaches a minimum age of nine years, the life cycle of the bus is extended for a minimum of six years. “Ministry” and “Minister”, respectively, means the Ministry of Transportation, which is responsible for the administration of the Program and the Minister responsible for the Ministry. “municipal own spending on public transportation” means the funds, including those received from total operating revenue and local public donations, that a municipality contributes towards public transportation expenditures, including funds it contributes for operating and capital expenditures. “personnel” includes the advisors, appointees, directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors of a municipality. “proceeding” means any and all causes of action, actions, claims, demands, lawsuits or other proceedings. “Program” means the Dedicated Gas Tax Funds for Public Transportation Program set up by the Ministry to provide municipalities with dedicated gas tax funds subject to and in accordance with a letter of agreement. “PRESTO” means the fare payment system for which Metrolinx is responsible. “public transportation” means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M. 46, as amended, or under an agreement between a municipality or local board, and a person, firm or corporation, and includes special transportation facilities for transporting persons with disabilities but does not include transportation by special purpose facilities, such as school buses or ambulances. “public transportation vehicle” refers to a streetcar, bus, subway car, light rail car, specialized vehicles for transporting persons with disabilities or trolley bus used for public transportation. 4 Page 275 of 315 “reporting forms” means the following forms attached as Appendix A (Reporting Forms) to these guidelines and requirements: 1) Dedicated Gas Tax Funds for Public Transportation 2018 Reporting Form (i.e. form MT-O-16); 2) Dedicated Gas Tax Program – 2018 Conventional Transit Reporting Form (i.e. form MT-O-17); and 3) Dedicated Gas Tax Program – 2018 Specialized Transit Reporting Form (i.e., form MT-O-18). “subcontractor” means any contractor of a municipality or any of its subcontractors at any tier of subcontracting. 2. INTRODUCTION The Program is an important element of the ongoing relationship between the province of Ontario and Ontario municipalities. Municipalities receiving dedicated gas tax funds must meet the requirements set out in these guidelines and requirements. As of 2013 and pursuant to the Dedicated Funding for Public Transportation Act, 2013, S.O. 2013, c. 2, Sched. 3 (“DFPTA”), a portion, (2 cents per litre), of the provincial gasoline tax revenue is dedicated to the provision of grants to municipalities for public transportation, including those pursuant to the Program. The portion of the gas tax that is dedicated in each fiscal year is an amount determined using a formula set out in the DFPTA. The 2018/19 Program year runs from April 1, 2018 to March 31, 2019. The new allocation of funding for the Program for 107 public transit systems representing 144 municipalities will amount to approximately $367.5 million. 3. GENERAL ELIGIBILITY REQUIREMENTS AND CONDITIONS The purpose of the Program is to provide dedicated gas tax funds to Ontario municipalities to support local public transportation services, and to increase overall ridership through the expansion of public transportation capital infrastructure and levels of service. To be eligible to receive dedicated gas tax funds, a municipality must contribute financially towards its public transportation services. For 2018/19, and unless otherwise approved in writing by the Ministry, only municipalities that have submitted their 2017 annual data survey to the Canadian Urban Transit Association (CUTA), and their 2017 Gas Tax reporting forms to the Ministry, will be eligible to receive dedicated gas tax funds. Subject to the provision of a municipal by-law indicating its intent to provide public transportation services, a municipality that is not currently providing public transportation services, but decides to begin providing such services, may be eligible for funding. Notification of the municipality’s intent to provide public transportation services and specific commitment to annually fund such public transportation services is required. Municipalities are encouraged to contact ministry staff early in their decision making process for providing services. After the 5 Page 276 of 315 new public transportation services have been implemented, and at the Ministry’s sole discretion, dedicated gas tax funding may then be available. A municipality receiving dedicated gas tax funds must ensure that all funds received and any related interest are used exclusively towards eligible expenditures and, unless otherwise approved in writing by the Ministry, disbursement of dedicated gas tax funds and any related interest must be net of any rebate, credit or refund, for which the municipality has received, will receive, or is eligible to receive. All public transportation services and public transportation vehicles must be fully accessible in accordance with the requirements set out under the following statutes and regulations, as may be amended from time to time: the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and the Integrated Accessibility Standards, O. Reg. 191/11 made under that Act; the Highway Traffic Act, R.S.O. 1990, c. H.8 and the Accessible Vehicles, R.R.O. 1990, Reg. 629 made under that Act; and the Public Vehicles Act, R.S.O 1990, c. P. 54. In addition to the above, the acquisition of public transportation vehicles must comply with the Canadian Content Policy requirements. Unless the Ministry otherwise approves in writing, in 2018/19, gas tax revenues and any related interest can only be used to support municipal public transportation expenditures above a municipality’s baseline spending and not to reduce or replace current levels of municipal public transportation funding. External audit and financial reporting costs are not eligible expenditures which the Ministry may reimburse or to which dedicated gas tax funding can be applied. (a) Requirements for All Dedicated Gas Tax Funds Received in 2018/19 and Beyond ● Dedicated gas tax funds and any related interest must be spent on: ○ Public transportation capital expenditures that promote increased transit ridership, and are above a municipality’s baseline spending; ○ Public transportation operating expenditures that are above a municipality’s baseline spending; ○ Capital expenditures for the replacement of any public transportation vehicles that are above a municipality’s baseline spending; ○ Capital expenditures that provide improvements to public transportation security and passenger safety, and are above a municipality’s baseline spending; or ○ Expenditures for major refurbishment on any fully accessible, or to be made fully accessible, public transportation vehicle, with the exception of specialized vehicles used for the transportation of persons with disabilities, and are above a municipality’s baseline spending. ● For municipalities that provide only specialized transit for persons with disabilities, dedicated gas tax funds can be spent on public transit initiatives that may not initially result in ridership growth but will provide increased accessibility. 6 Page 277 of 315 (b) Additional Requirements for the following Municipalities: Regions of Durham and York, the Cities of Brampton, Burlington, Hamilton, Mississauga, Ottawa and Toronto, and the Town of Oakville. Prior to the release of any dedicated gas tax funds, the municipalities listed under (b) above will, in addition to any other requirements in this Article 3, be required to: ● Participate in PRESTO and, as participants, will be required to meet their financial obligations for that system. (c) Additional Requirements for GTA Municipalities: Regions of Durham, Halton, Peel and York, and Cities of Hamilton and Toronto. Prior to the release of any dedicated gas tax funds, the municipalities listed under (c) above will, in addition to any other requirements in this Article 3, be required to: ● Demonstrate that they have met their responsibility for the payment of the growth and expansion capital costs of Metrolinx pursuant to the Amendment to Greater Toronto Services Board By-law No. 40, O. Reg. 446/04, made under the Metrolinx Act, 2006, S.O. 2006, c. 16, as amended. The eligibility requirements for dedicated gas tax funds will be determined in accordance with these guidelines and requirements. The eligibility for any dedicated gas tax funds is at the sole discretion of the Ministry. Municipalities should consider consulting with Ministry staff to determine whether a proposed expenditure is an eligible expenditure for the purpose of dedicated gas tax funds. 4. GENERAL PROGRAM ALLOCATION METHODOLOGY AND PAYMENT PROCESS 4.1 General Program Allocation Methodologies Based on consultation with municipalities, public transportation operators and stakeholders, the Province recognizes the varying needs of public transportation in Ontario municipalities, including those related to large established public transportation systems and communities with different growth rates and levels of public transportation service. Consistent with the above, the Province has established an allocation formula based on a combination of ridership and population. This formula balances the needs of large established public transportation systems, the growth needs of rapidly growing municipalities, and the needs of smaller municipalities that provide public transportation services. The Province is implementing an allocation based on 70% transit ridership and 30% municipal population. Fully implemented, 70% of $367.49 million (up to $257.24 million) may be distributed to municipalities on the basis of their public transportation ridership levels. Thirty percent (30%) of $367.49 million (up to $110.25 million) may be distributed on the basis of 7 Page 278 of 315 population levels. Public transportation ridership will include the totals of both conventional and specialized public transportation services. Both ridership and population figures are updated and revised annually for use in the calculation of dedicated gas tax funds. CUTA annually collects and reproduces, on behalf of the Ministry, transit ridership data in its Ontario Urban Transit Fact Book and its Ontario Specialized Transit Services Fact Book (the “CUTA Fact Books”). The Ministry used the 2017 ridership data from the 2017 CUTA Fact Books for the above calculation. Where a municipality’s ridership data have not been collected nor reproduced in the 2017 CUTA Fact Books, the Ministry used the 2017 transit ridership data received from the municipality. The 2018/19 gas tax allocations were calculated using 2017 population estimates derived from the 2011 census data. Dedicated gas tax funds provided to each municipality in 2018/19 are not to exceed, based on the 2017 municipal public transportation spending data set out in the CUTA Fact Books, 75% of municipal own spending on public transportation. The Ministry may re-allocate, in support of increasing public transportation ridership, any amounts of moneys dedicated for but that remains undistributed through the Program. The Ministry may undertake an annual review of the dedicated gas tax allocation methodology and eligibility requirements to ensure these funds support the desired outcome of increased public transportation ridership. Municipal public transportation spending will be reviewed on an annual basis to determine if the limits of the dedicated gas tax funds need to be applied where the gas tax allocation may exceed 75% of municipal own spending on public transportation. 4.2 Payment Process The Minister will advise each municipality that provides public transportation services of the amount of dedicated gas tax funds it is eligible to receive. The Minister will send a letter of agreement to each of these municipalities. The letter of agreement will set out the terms and conditions upon which the dedicated gas tax funds will be released to the municipality, and by which the municipality will have to agree to be bound. The Ministry may, on a quarterly basis (or other basis, as the Ministry may decide from time to time), make payments of dedicated gas tax funds only after receipt of the following documents: i) the letter of agreement, provided by the Ministry to the municipality, signed in accordance with the by-law(s) and, if applicable, the resolution(s) described below; and ii) a certified copy of the by-law(s) and, if applicable, any resolution(s) authorizing the letter of agreement and naming municipal signing officers for the letter of agreement. In addition, the Ministry may withhold payment of dedicated gas tax funds until the reporting requirements under Section 8.4 are met. 8 Page 279 of 315 Any amount of dedicated gas tax funds provided to the municipality under the Program will be subject to the remedies set out under Article 7. Any dedicated gas tax funds the Ministry provides to a municipality and any related interest, including those kept by the municipality in a dedicated gas tax funds reserve account, will have to be used by the municipality exclusively towards public transportation services and in accordance with the requirements set out in these guidelines and requirements including, without limitation, those related to eligibility and related conditions, acquisition, disposition, accountability, records, audit, reporting, liability, and indemnity requirements. If a municipality agrees to provide public transportation services (a “host municipality”) for another municipality, the Ministry, at its sole discretion, may only provide the host municipality with dedicated gas tax funds. Prior to the Ministry making any payment of dedicated gas tax funds to the host municipality, the host municipality and the municipality on whose behalf the host municipality is providing transportation services will be required to provide the Ministry with copies of their respective by-law(s) and, if applicable, resolution(s), designating the host municipality as a public transportation service provider for the municipality or authorizing the host municipality to provide public transportation services to the municipality, as applicable. The contributing municipality, on whose behalf the host municipality is providing transportation services, will be required to provide the Ministry with a copy of their by-law(s) and, if applicable, resolution(s), in the year that this arrangement is initiated, and will be required annually to confirm with the Ministry in writing that the arrangement is still in effect. The host municipality will be required to enter into a dedicated gas tax funds letter of agreement with the Ministry and be in compliance with the terms and conditions set out in these guidelines and requirements. In addition, the host municipality must promptly advise the Ministry of any change in arrangements between the host and contributing municipalities, such as decisions to cease contributions. The Ministry may then, at its sole discretion, make any necessary adjustment to its contribution of dedicated gas tax funds to the host municipality. 5. DEDICATED GAS TAX FUNDS RESERVE ACCOUNT AND INTEREST 5.1 Dedicated Gas Tax Funds Reserve Account Dedicated gas tax funds must be used only towards the eligible expenditures for public transportation listed under Article 3(a). If the Ministry provides dedicated gas tax funds to a municipality before the municipality’s immediate need for the funds, the municipality will be required to keep the funds, and all interest earned on such funds, in a dedicated gas tax funds reserve account. Dedicated gas tax funds received, and any related interest earned on such funds, must be reported annually, using the reporting forms, on a cash basis. 9 Page 280 of 315 5.2 Interest Interest must accrue on funds carried over the course of the Program reporting period in a dedicated gas tax funds reserve account. A municipality must calculate interest on its average annual balance of funds. The interest must also be reported annually, using the reporting forms, and can only be applied towards eligible expenditures. 6. ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS If a municipality acquires goods, including supplies, materials, vehicles, equipment or services, or both, with dedicated gas tax funds, it must do so through a process that promotes the best value (with due regard for economy, efficiency and effectiveness) for the dedicated gas tax funds it spends. The municipality must report, in writing, to the Ministry any funds accrued from the sale, lease or disposal of assets purchased with dedicated gas tax funds, and return such funds to a dedicated gas tax funds reserve account (see Article 5), with the exception that funds accrued from the sale, lease or disposal of transit buses beyond their useful economic life (12 years for conventional and 5 years for specialized), will not be required to be returned to a dedicated reserve account. 7. ADJUSTMENT, WITHHOLDING AND PAYMENT OF DEDICATED GAS TAX FUNDS AND OTHER REMEDIES If, in the opinion of the Ministry, a municipality: i) fails to comply with any term, condition or obligation set out in a letter of agreement, including these guidelines and requirements; ii) uses any of the dedicated gas tax funds or any related interest for a purpose not authorized without the prior written consent of the Ministry; iii) provides erroneous or misleading information; iv) fails to provide information, including requested audit information and required reports, to the Ministry for any reason whatsoever; or v) is unable to provide or acquire or has discontinued the provision or acquisition of any service or asset for which dedicated gas tax funds have been provided, or it is not reasonable for the municipality to continue to provide or acquire any service or asset for which such funds have been provided (“event of default”), the Ministry may, unless the Ministry provides the municipality with written notice of an opportunity to remedy the event of default, take one or more of the following actions: i) initiate any action the Ministry considers necessary in order to facilitate the successful provision or acquisition of any service or asset provided or acquired with dedicated gas tax funds; ii) suspend the payment of dedicated gas tax funds for such period as the Ministry determines appropriate; iii) reduce the amount of the dedicated gas tax funds; (iv) cancel further payments of dedicated gas tax funds; (v) demand from the municipality the payment of any dedicated gas tax funds remaining in the possession or under the control of the municipality; (vi) demand from the municipality the payment of an amount equal to any dedicated gas tax funds the municipality used, but did not use in accordance with the letter of agreement; (vii) demand from the municipality the payment of an amount equal to any dedicated gas tax funds the Ministry provided to the municipality; and viii) terminate the letter of agreement at any time, including 10 Page 281 of 315 immediately, without liability, penalty or costs to the Ministry upon giving notice to the municipality. Where the Ministry gives the municipality an opportunity to remedy an event of default by giving the municipality notice of the particulars of the event of default and the date by which the municipality is required to remedy it, and: i) the municipality does not remedy the event of default by the date specified in the notice; ii) it becomes apparent to the Ministry that the municipality cannot completely remedy the event of default by the date specified in the notice; or iii) the municipality is not proceeding to remedy the event of default in a way that is satisfactory to the Ministry, the Ministry may extend the date by which the municipality is required to remedy the event of default, or initiate any of the remedies for event of default available to it under this Article. Upon termination of the letter of agreement pursuant to this Article, the Ministry may take one or more of the actions listed for in the first paragraph to this Article 7. In regards to any demand for payment, the Minister may not demand payment of an aggregate amount greater than the dedicated gas tax funds that were received by the municipality. Upon the Minister providing a municipality a written demand for payment of dedicated gas tax funds, any related interest, or both, the amount of the demand will be deemed to be a debt due and owing to the Crown of the Province of Ontario and may be recovered as such under applicable law, including, without limitation, the Financial Administration Act, R.S.O. 1990, c. F.12, as amended, ("FAA"). In addition to any remedy the Crown may have under the FAA, the Ministry may decide to withhold or adjust the amount of any current or future dedicated gas tax funding, or any other funding program, that may be provided to the municipality in an amount equal to such debt or have the amount of such debt deducted from financial assistance payable on any other project(s) of the municipality under any other initiative in which the Ministry is involved (either current or future). The Ministry may charge the municipality interest on any money owing by the municipality at the then current rate charged by the Province of Ontario on accounts receivable. The municipality will pay any money owing to the Ministry by cheque payable to the “Ontario Minister of Finance” and delivered to the Ministry as the Ministry may require. If a municipality: i) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “failure”); ii) has been provided with notice of such failure in accordance with the requirements of such other agreement; iii) has, if applicable, failed to rectify such failure in accordance with the requirements of such other agreement; and iv) such failure is continuing, the Ministry may suspend the payment of dedicated gas tax funds for such period as the Ministry determines appropriate. When the Ministry provides its consent pursuant to a letter of agreement, including these guidelines and requirements, it may impose any terms and conditions on such consent and the municipality will comply with such terms and conditions. If a municipality fails to comply with any term of a letter of agreement, including these guidelines and requirements, the municipality could only rely on a waiver of the Ministry if the 11 Page 282 of 315 waiver was in writing and refers to the specific failure to comply. A waiver will not have the effect of waiving any subsequent failures to comply. Any decision made by the Minister regarding funding under the Program is final. 8. ACCOUNTABILITY, RECORDS, AUDIT AND REPORTING REQUIREMENTS 8.1 Accountability A municipality receiving dedicated gas tax funds must use such funds, and any interest earned on such funds, exclusively towards public transportation service eligible expenditures and in accordance with these guidelines and requirements. The municipality will not be allowed to use dedicated gas tax funds and related interest to offset other municipal expenditures. The municipality will also be required to provide such further assurances as the Ministry may request from time to time with respect to any matter to which a letter of agreement, including these guidelines and requirements, pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of these documents to their full extent. Furthermore, the municipality must ensure any information the municipality provides to the Ministry under the Program is true and complete at the time provided and will continue to be true and complete. 8.2 Records A municipality receiving dedicated gas tax funds must keep and maintain separate records and documentation related to any dedicated gas tax funds and any related interest, including invoices and any other financially-related documents relating to the provision or acquisition of public transportation services for which dedicated gas tax funds and any related interest have been used. The records and documentation must be kept and maintained in accordance with generally accepted accounting principles. Records containing confidential information must be kept in accordance with all applicable legislation. No provision of these guidelines and requirements shall be construed so as to give the Ministry any control whatsoever over the municipality’s records. 8.3 Audit A municipality receiving dedicated gas tax funds may be subject to audit. The Ministry may, at its sole discretion, audit or have audited by any third party, any records and documentation of the municipality related to any public transportation services provided or acquired with dedicated gas tax funds or any related interest, and such funds. Such audit may require the Ministry, at the municipality’s expense (except as provided in the Canadian Content Policy), to retain external auditors. In addition, the Auditor General may, pursuant to the Auditor General Act, R.S.O. 1990, c. A. 35, as amended, audit the accounts and records of the municipality 12 Page 283 of 315 relating to any expenditure of dedicated gas tax funds. To assist in respect of the rights set out above, a municipality will be required to disclose any information requested by the Ministry, its authorized representatives or an independent auditor identified by the Ministry, and will do so in the form requested by the Ministry, its authorized representatives or an independent auditor. In addition to any adjustments the Ministry may make to dedicated gas tax funding under these guidelines and requirements, the Ministry may, upon recommendation in an audit report, adjust future dedicated gas tax fund payments or other payments the Province may make to the municipality under any other program. 8.4 Reporting Accuracy in the calculation and reporting of municipal transit ridership and dedicated gas tax funds and any related interest is paramount. When calculating ridership, municipalities must use one of the acceptable best practices identified in the 2008 Ontario Ridership Data Collection Review Report, published jointly by CUTA and iTrans Consultants (retained by CUTA). A municipality will be accountable to use dedicated gas tax funds and any related interest towards public transportation expenditures that meet the Program eligibility requirements. Each municipality will be required to report on how dedicated gas tax funds and any related interest are spent on an annual basis, including the provision of its Canadian Content Policy declaration form(s), in accordance with the Canadian Content Policy, for any public transportation vehicle funded with dedicated gas tax funds. The Canadian Content Policy has been amended effective September 21, 2017 to be aligned with government procurement commitments under the Comprehensive Economic Trade Agreement (CETA) between Canada and the European Union (EU). As of September 21, 2017, municipalities are to comply with the amended policy for all transit procurements. For the purpose of the above reporting, municipalities will be required to use the reporting forms that have been developed in consultation with municipal public transportation stakeholders, and submit these reporting forms to the Ministry prior to February 28, 2019. Municipalities are strongly advised to carefully verify all data before submitting their reporting forms, to ensure that all information provided is accurate. Municipalities are also encouraged to contact the Ministry if they require any guidance or assistance in completing these reports. 9. COMMUNICATIONS Unless the Ministry otherwise approves in writing, a municipality receiving dedicated gas tax funds will be required to acknowledge the support of the Ministry in a form and manner as directed by the Ministry. 13 Page 284 of 315 A municipality will be required to give a minimum of thirty (30) days written notice to the Ministry regarding any planned local dedicated gas tax funding communication or recognition event, or both. The municipality will also be required to provide the Ministry with detailed information regarding such communication or event, or both. The Ministry and a municipality receiving dedicated gas tax funds will, at all times, remain independent of each other and will not represent themselves to be the agent, joint venturer, partner or employee of the other. Neither the municipality nor the Ministry will be allowed to make representations or take actions that could establish or imply any apparent relationship of agency, joint venture, partnership or employment. In addition, neither the municipality nor the Ministry will be bound in any manner whatsoever by any agreements, warranties or representations made by any of them to any other person or entity, with respect to any other action of the other. If the municipality publishes any material of any kind, written or oral, relating to public transportation services provided or acquired with dedicated gas tax funds, the municipality will indicate in the material that the views expressed in the material are the views of the municipality and do not necessarily reflect those of the Ministry. A municipality receiving gas tax funding must comply with the requirements for the installation and maintenance of visual identity signage set out in Appendix C. 10. CONFLICT OF INTEREST A municipality and its subcontractors and any of their respective personnel must use dedicated gas tax funds and provide and acquire services and assets with such funds without an actual, potential, or perceived conflict of interest. A conflict of interest includes any circumstances where a municipality or any person who has the capacity to influence the municipality’s decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the municipality’s objective, unbiased, and impartial judgment relating to the provision or acquisition of services or assets provided or acquired with dedicated gas tax funds, the use of such funds, or both. A municipality will disclose to the Ministry, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest, and comply with any terms and conditions that the Ministry may prescribe as a result of the disclosure. 11. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT All applications submitted to the Ministry are subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended (“FIPPA"). The FIPPA provides every person with a right of access to information in the custody or under the control of the Ministry, subject to a limited set of exemptions. 14 Page 285 of 315 Municipalities are advised that the names of municipalities receiving dedicated gas tax funds, the amount of funds provided, and the purpose for which dedicated gas tax funds are provided, is information the Ministry makes available to the public. 12. LIABILITIES AND INDEMNITIES A municipality receiving dedicated gas tax funds must agree that it is responsible for anything that may arise, directly or indirectly, in connection with the Program, including, without limitation, any activity under it such as the provision and acquisition of services and assets with dedicated gas tax funds. The Ministry’s involvement under the Program is for the sole purpose of, and is limited to, the provision of dedicated gas tax funds. Furthermore, a municipality receiving dedicated gas tax funds must agree to indemnify and hold harmless the indemnified parties from and against any and all losses or proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of, or in connection with anything done or omitted to be done by the municipality or any municipality on behalf of which the municipality receives dedicated gas tax funds, or any of their respective personnel, the Program, any activity under it, or the letter of agreement, unless the loss or proceeding is solely caused by the negligence or willful misconduct of the indemnified parties. A municipality receiving dedicated gas tax funds is responsible for its own insurance and must carry, at its own costs and expense, and require the same from its subcontractors and any municipality on behalf of which it receives dedicated gas tax funds, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Ministry and support the indemnification, as set out above, provided to the Ministry. For greater certainty, the municipality is not covered by the Province of Ontario's insurance program and no protection will be afforded to the municipality by the Government of Ontario for any losses or proceedings that may arise out of the Program or letter of agreement. For greater certainty, the rights and remedies of the Ministry under a letter of agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. 13. COMPLIANCE WITH THE LAW A municipality receiving dedicated gas tax funds must comply with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the services or assets provided or acquired with the dedicated gas tax funds and the dedicated gas tax funds. For greater clarity, by receiving dedicated gas tax funds, a municipality may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Public Sector Salary Disclosure Act, 1996, S.O. 1996, c. 1, Sched. A and the Auditor General Act, R.S.O. 1990, c. A.35. 15 Page 286 of 315 14. WHERE TO APPLY AND REQUEST OR PROVIDE INFORMATION All forms, agreements, supporting documentation as well as any questions regarding the Program are to be directed to the Strategic Transit Investments Office of the Ministry of Transportation at MTO-PGT@ontario.ca. 16 Page 287 of 315 APPENDIX A: REPORTING FORMS 17 Page 288 of 315 APPENDIX B: CANADIAN CONTENT POLICY 18 Page 289 of 315 APPENDIX C: VISUAL IDENTITY SIGNAGE REQUIREMENTS 1. Purpose of Schedule This Appendix describes the municipality’s responsibilities and obligations involved in installing and maintaining visual identity signage under the Program. 2. Visual Identity Signage The municipality will install and maintain the exterior and interior visual identity signage on transit vehicles for which dedicated gas tax funds were provided. This is to include replacement buses that have been supported through the Program. External visual identity signage must be located immediately to the left of the front passenger entrance doors of the vehicle. Internal visual identity signage should be placed on an interior wall in a location and height that will be convenient for passengers to read. Recognition stickers approximate size — 10” x 3.4”. Sample image found below is not to scale. 19 Page 290 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4251 A BY-LAW a Schedule of Fees for certain Municipal applications, service and permits. WHEREAS Section 39(1) of the Municipal Act, S. O. 2001, c. M. 25, as amended, provides that without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and for the use of its property including property under its control; AND WHEREAS it is necessary and expedient to establish a Schedule of Fees for certain Municipal applications, services and permits; NOW THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Schedule "A" to this By -Law is adopted as the Schedule of Fees for certain Municipal applications services and permits listed therein. 2. Should the provisions of any other By -Law of the Town of Tillsonburg or other document purporting to set the Fees listed in Schedule " A" be in conflict with the provisions of this By -Law, the provisions of this By -Law shall prevail. 3. That Schedule "A" to this by-law forms part of this by-law as if written herein. 4. This By-Law shall come into full force and effect on the day of its passing. 5. That By-Law 4156 passed on the 8th of January, 2018 shall be hereby repealed. READ FOR A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF January, 2019. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson Page 291 of 315 Building-Bylaw-Clerks-PlanningItem 2018 Fee 2019 Fee % Change TaxAnimal ControlBoarding Fee Cat 25.00 25.00 0% HSTBoarding Fee Dog 25.00 25.00 0% HSTCall out fee for service 105.00 110.00 5% HSTDog license - spayed or neutered before March 31 (discounted) 17.00 17.00 0% ExemptDog license - spayed neutered after March 31 35.00 35.00 0% ExemptDog license - intact - before March 31 (discounted) 22.00 22.00 0% ExemptDog license - intact - after March 31 40.00 40.00 0% ExemptCat license - spayed or neutered before March 31 15.00 15.00 0% ExemptCat license - spayed neutered after March 31 20.00 20.00 0% ExemptCat license - intact - before March 31 20.00 20.00 0% ExemptCat license - intact - after March 31 25.00 25.00 0% ExemptCat/dog license - replacement 5.00 5.00 0% ExemptEuthanasia and Disposal - Cat 63.00 60.00 -5% HSTEuthanasia and Disposal - Dog 80.00 80.00 0% HSTLive Trap Placement 105.00 110.00 5% HSTMuzzle Order Appeal - 200.00 NEW ExemptBy-law EnforcementInvoice admin processing fee 225.00 250.00 11%HSTIssue Order 100.00 125.00 25%HSTRe-issuance of Permit/License/Document 50.00 50.00 0% ExemptFortification By-Law Exemption Application - single family dwelling or not-for- 150.00 150.00 0% HSTFortification By-Law Exemption Application - Multi-Residential, Commercial, 400.00 400.00 0% HSTProperty Standards Appeal 125.00 350.00 180% ExemptNoise By-Law Exemption Permit - Minor - 250.00 NEW ExemptNoise By-law Exemption Permit - Major - 375.00 NEW ExemptBuilding - FeesBuilding - photocopies - larger than ledger 3.00 3.00 0% HSTBuilding Certificate 50.00 55.00 10% ExemptPermit fees - amend existing permit 55.00 55.00 0%Permit Review Fee - major amendment to existing permit 50.00 50.00 0% HSTBuilding - FeesResidential – New Low Density - Single Detached & Townhouses Minimum permit fee $2,285.00OR$127.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Minimum permit fee $2,326.00OR$130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included 2% ExemptResidential – Mobile Homes, Low Density, Medium Density, High Density, Additions, Alterations, etc. $127.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction.- plumbing permit fees included $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% Exempt1Page 292 of 315 Building-Bylaw-Clerks-PlanningItem 2018 Fee 2019 Fee % Change TaxICI – New $127.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction.- plumbing permit fees included $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Major Alterations/Renovations/Additions(> 75,000) $1,017.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction.- plumbing permit fees included $1,037.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Minor Alteration/Renovations/Additions($75,000 or less) $254.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction.- plumbing permit fees included $259.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included2% ExemptDecks, Sheds, Accessory Buildings, Pools, etc. $127.00 Flat Rate + $11.20 per each additional $1000.00 in value of construction. $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction. 2% ExemptPart 9 Residential Demolition 127.00 130.00 2% ExemptDemolition – all others 509.00 519.00 2% ExemptWater Connection, Sewer Connection or repair 127.00 130.00 2% ExemptChange of Use Permit (no construction) 254.00 259.00 2% ExemptConditional Permit Agreement 254.00 259.00 2% ExemptAlternative Solution Review 509.00 + cost of peer review 519.00 + cost of peer review 2% ExemptOccupant Load Inspection Analysis & Report 76.00/hr 78.00/hr 3% ExemptAGCO Agency Approval 76.00 78.00 3% ExemptRe-inspection 76.00 78.00 3% ExemptIssue Order 102.00 125.00 23%ExemptTransfer Permit 102.00 104.00 2% ExemptConstruction w/o Permit Double the initial permit rate Double the initial permit rate 0% ExemptSignsPermit fees - signs - permanent a) $50.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of 50% ExemptPermit fees - signs - mobile 25.00 30.00 20% ExemptPermit fees - sign - construction/placement without a permit double initial permit fee double initial permit fee 0% ExemptSign Variance - Minor Variance - Director Approval 250.00 275.00 10% ExemptSign Variance - Major Variance - Council Approval 375.00 400.00 7% ExemptSign Variance - Appeal Application 250.00 275.00 10%ExemptSign Variance - after the fact 1.5 the initial application rate 1.5 the initial application rate 0% ExemptSign Removal - General 125.00/sign 125.00/sign 0% HSTSign Removal - Mobile Sign 275.00/ea 275.00/ea 0% HST2Page 293 of 315 Building-Bylaw-Clerks-PlanningItem 2018 Fee 2019 Fee % Change TaxSign Removal - Posters 25.00/ea + cost to repair any damage to public property 25.00/ea + cost to repair any damage to public property 0% HSTSign Removal - Temporary Signs 25.00/ea 25.00/ea 0% HSTSign Removal - A-Frame/Sandwich Board/Sidewalk Signs 100.00/ea 100.00/ea 0% HSTSign Removal - Banner Sign 250.00/ea 250.00/ea 0% HSTPermit fees - temporary buildings 2,000.00 2,000.00 0% ExemptPermit fees - transfer of permit 55.00 55.00 0% ExemptBuilding LicencesTaxi Cab Driver's Licence 35.00 35.00 0% ExemptTaxi Cab Owner Stand 125.00 125.00 0% ExemptTaxi Cab Owner Licence 50.00 50.00 0% ExemptTaxi Cab Driver Licence RenewalExemptTaxi Cab Vehicle Licence 65.00 65.00 0% ExemptTaxi Cab Vehicle Licence Renewal 50.00 50.00 0%Group Transportation Owner Licence 50.00 50.00 0%Group Transportation Drivers Licence 35.00 35.00 0%Group Transportation Vehicle Licence 75.00 75.00 0%Group Transportation Vehicle Licence Renewal 50.00 50.00 0%Limousine Driver's Licence 65.00 65.00 0% ExemptLimousine Owner Licence 70.00 70.00 0% ExemptLimousine Vehicle Licence 72.00 72.00 0% ExemptKennel - new 100.00 100.00 0% ExemptKennel - renewal 100.00 100.00 0% ExemptClerk Issued Documents -LicencesBusiness Licence New Business 135.00 140.00 4% ExemptHome occupation Business 135.00 140.00 4% ExemptBusiness Licence per yearAuctioneer Licence 205.00 205.00 0% ExemptPawnbroken Licence - renewal 65.00 65.00 0% ExemptPawnbroker Licence - new 205.00 205.00 0% ExemptPawnbroker Security Deposit - refundable 2,000.00 2,000.00 0% ExemptVending/Salesperson Licence 205.00 205.00 0% ExemptFood Vending Licence 205.00 205.00 0% ExemptEvent Organizer Licence 205.00 205.00 0% Exempt3Page 294 of 315 Building-Bylaw-Clerks-PlanningItem 2018 Fee 2019 Fee % Change TaxOther Marriage Licence 128.00 130.00 2% ExemptMarriage Ceremony - Council Chambers 250.00 250.00 0% HSTMarriage Ceremony - Other Location 300.00 300.00 0% HSTWitness if required 25.00 25.00 0% HSTBurial Permits 20.00 20.00 0% ExemptPhotocopying/ Printing double sided 0.31 0.55 77% HSTPhotocopying/ Printing single sided 0.27 0.50 85% HSTComissioner of Oaths Signatures where Clerk must produce affidavit (max. 3 see notes) 25.00 25.00 0% noneCommissioner of Oaths Signatures or Certified True Copies (max. 5 see notes) 25.00 25.00 0% noneRegister Document on Title 200.00 200.00 0% ExemptRemove/Release Document from Title 200.00 200.00 0% ExemptTitle Search 55.00 55.00 0% ExemptFreedom of Information Request (FOI) - Initial Fee - 5.00 NEW ExemptPlanning & DevelopmentCash-in-lieu of parkland (consents) 550.00 1,000.00 82% ExemptPlanning Application - Minor Variance 600.00 900.00 50%ExemptPlanning Application - Minor Variance - after the fact 900.00 1,800.00 100% ExemptPlanning Application - Site Plan - Minor 300.00 500.00 67%ExemptPlanning Application - Site Plan - Minor - after construction 400.00 1,000.00 150% ExemptPlanning Application - Site Plan - Major 600.00 1,000.00 67% ExemptPlanning Application - Site Plan - Major - after construction 950.00 2,000.00 111% ExemptPlanning Application - Site Plan - Amendment Application 175.00 500.00 186% ExemptPlanning Application - Site Plan - Amendment Application after-the-fact 300.00 1,000.00 233% ExemptSite Plan Application - 3rd & subsequent submissions - 500.00 NEW ExemptSite Plan Agreement Administration Fee (includes registration on title) - 500.00 NEW ExemptPlanning Application - Zone Change- prior to use 700.00 1,200.00 71% ExemptPlanning Application - Zone Change- after use has occupied 1,200.00 2,400.00 100% ExemptPlanning Application - Zoning - Removal of (H) 200.00 250.00 25%ExemptSubdivision Certificate 50.00 55.00 10% ExemptZoning Certificate 45.00 50.00 11% ExemptLand Division (severance) Clearance Letter - 50.00 NEW ExemptSeverance Agreement - 1,000.00 NEW ExemptPlanning - Preservicing Agreement Administration fee 1,250.00 1,500.00 20% HSTSubdivision Agreement Administration Fee 800.00 1,500.00 88% HSTSubdivision Drawing Review (per lot) - 100.00 NEW ExemptSubdivision Drawing Review Fee (per lot) - 3rd submission & thereafter - 50.00 NEW ExemptEngineering Inspection Fee - 150.00 NEW ExemptStorm Water Management Pond Review - 500.00 NEW ExemptEncroachment Agreement Fee 1,100.00 1,300.00 18% ExemptEasement Research Request 105.00 110.00 5% ExemptEngineering Certificate Request 105.00 110.00 5% Exempt4Page 295 of 315 FinanceItem 2018 Fee 2019 Fee % Change Tax UnitCorporatePhotocopying/ Printing double sided 0.31 0.55 77%HST per pagePhotocopying/ Printing single sided 0.27 0.50 85%HST per pageInterest on overdue accounts1.25% 1.25%0%HST per monthTax DepartmentTax certificate50.00 50.00 0% Exempt eachTax registration service costs3,000.00 3,000.00 0% Exempt eachTax Bill reprint10.00 10.00 0% Exempt eachTax receipt 10.00 10.00 0% Exempt eachPayment Redistribution15.00 15.00 0% Exempt eachWater/Sewer Admin Charge45.00 45.00 0% Exempt eachCorporateNSF Fee35.00 35.00 0% Exempt each5Page 296 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitCommunity Centre - AquaticsAquafit - 10 passes 50.00 51.00 2% HST 10 passesAerobics - 10 passes 50.00 51.00 2% HST 10 passesAquafit - 20 passes 79.10 80.70 2% HST 20 passesAquatfit/Aerobics Classes - 50 passes 157.10 160.20 2% HST 50 passesAquafit/Aerobics Classes - 100 passes 277.40 282.90 2% HST 100 passesAerobics - 20 passes 79.10 79.10 0% HST 20 passesAerobics - 5 passes 35.20 35.90 2% HST 5 passes30 minute Swimming Lesson 53.00 54.60 3% Exempt 8 lessons45 minute Swimming Lesson 56.10 57.80 3% Exempt 8 lessons60 minute Swimming Lesson 59.20 61.00 3% Exempt 8 lessonsBronze Star 61.20 62.40 2% HST courseBronze Medallion 76.00 77.50 2% HST per courseBronze Cross 76.00 77.50 2% HST per courseFirst Aid 76.00 77.50 2% HST per courseFirst Aid Recert 53.00 54.10 2% HST per courseNational Lifeguard 210.10 214.30 2% HST per courseNational Lifeguard Recert 50.00 51.00 2% HST per courseAssistant Swimming Instructors School 64.80 66.10 2% HST per courseAdditional Fee 26.80 27.30 2% HST per courseSwim for Life Instructors School 102.50 104.20 2% HST per courseLifesaving Instructors 102.50 104.60 2% HST per courseSwim/Lifesaving Instructors 210.10 214.30 2% HST per coursePrivate Lessons (14+ years) 110.20 112.40 2% HST 6 classesPrivate Lessons 110.20 112.40 2% Exempt 6 lessonsLifesaving Sport Fundamentals 57.10 58.20 2% Exempt 8 lessonsSwim Synchro Swimming Lessons 57.10 58.20 2% Exempt 8 lessonsSynchronized Swimming Team485.50 495.20 2% Exempt 9 MonthsFirst Aid Instructor103.00 105.10 2% HST per courseNational Lifeguard Instructor147.90 150.90 2% HST per courseExaminer Standards/Advanced Instructors 37.20 37.90 2% HST per courseCommunity Centre - classes, courses, and campsAdult Friendly Badminton 68.30 69.70 2% HST 13 lessonsBabysitting Course 53.00 54.10 2% Exempt 8hr courseBus Trip - Base (Youth Trips) 55.00 56.10 2% ExemptBus Trip - Adults 170.00 173.40 2% HSTBus Trip Adults 92.00 93.80 2% HSTBus Trip Adults 75.00 76.50 2% HSTBus Trip - Adults 65.00 66.30 2% HSTDance 30 min class 36.50 36.50 0% Exempt 6 lessonsDance 45 min class 57.60 58.80 2% Exempt 6 lessonsDance 60 min class 65.80 67.10 2% Exempt 6 lessonsFitness for Teens 68.90 70.30 2% HST 8 lessonsStability Ball 68.90 70.30 2%HST6 lessons6Page 297 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitFloor Gymnastics 53.80 54.90 2% HST 6 lessonsUltimate Mix Sports 36.50 37.20 2% HST 6 lessonsIndoor Soccer 36.50 37.20 2% HST 6 lessonsKarate - Kids Karate 58.10 59.30 2% Exempt 12 lessonsKarate - Tiny Tigers 46.90 47.80 2% Exempt 12 lessonsPreSchool Program 58.10 59.30 2% Exempt 10 lessonsLearn to Run (Clinic) 69.90 71.30 2% HST 12 lessonsWorkshops - 1/2 day 26.50 27.00 2% HSTWorkshops - Specialty Course 79.60 81.20 2% HSTWorkshops - 8 hours 106.10 108.20 2% HSTYoga 26.50 27.00 2% HST 6 lessonsYouth Boys/Girls Volleyball 36.50 36.50 0% HST 6 lessonsYouth Co-Ed Basketball Gr 5/6 36.50 36.50 0% HST 6 lessonsYouth March Break Program - daily 32.60 33.30 2% ExemptdailyYouth Camp - week 131.60 134.20 2% Exempt weekYouth Camp day 32.60 33.30 2% ExemptdailyYouth Camp Lunch 5.90 6.00 2% Exempt eachYouth Camp Special 181.60 185.20 2% Exempt weekYouth Camp - short week 106.10 108.20 2% ExemptCancellations less than 24 hours notice 70% of registration 70% of registration 0%Community Centre - EventsRun - 10km - day of registration 52.00 53.00 2% HST per personRun - 10km - regular registration 41.80 42.60 2% HST per personRun - 10km - early bird registration 36.70 37.40 2% HST per personRun - 5km - regular registration 36.70 37.40 2% HST per personRun - 5km - early bird registration 31.60 32.20 2% HST per personRun - 5km - day of registration 46.90 47.80 2% HST per personBike Tour - 25km 20.40 20.80 2% HST per personBike Tour - 40km 40.80 41.60 2% HST per personBike Tour - 100km 61.20 62.40 2% HST per personBike Tour - 100mi 81.60 83.20 2% HST per personCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 91.80 93.60 2% HSThourArena - Weekdays after 5pm & weekends 171.40 174.80 2% HSThourArena - Minor 120.40 122.80 2% HSThourArena - Shinny 5.60 5.70 2% HST per personArena - Ice Flat Rate 416.20 424.50 2% HST per dayArena Floor - Commercial 2,193.00 2,236.90 2% HST per dayArena Floor - Full Use 1,652.40 1,685.45 2% HST per dayArena Floor - Flat Fee (no set up) 540.60 551.40 2% HST per dayArena Floor - Chilled Floor (additional fee) 2,080.80 2,122.40 2% HST per dayArena Floor - Hourly League Fee 66.80 68.10 2% HST per hourArena Floor - Set up Day/Tear Down Day 826.20 842.70 2% HST per dayArena Storage Room A 26.00 26.50 2% HST per month7Page 298 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitArena Storage Room B 15.60 15.90 2% HST per monthArena Storage Room C 5.40 5.50 2% HST per monthArena - Mini Practice Rink 44.40 45.30 2% HSThourAuditorium - Friday or Saturday 520.20 530.60 2% HST per dayAuditorium - Sunday - Thursday 290.70 296.50 2% HST per eveningAuditorium - Hourly 58.70 59.90 2% HSTRoom Set up & Decorating Fee (Day before) 109.10 111.30 2% HSTBall Diamond - Occasional Use 78.00 79.60 2% HST per dayBall Diamond - Seasonal Youth Team 78.00 79.60 2% HSTBall Diamond - Seasonal Team Practice 275.40 280.90 2% HST per teamBall Diamond - Seasonal Adult Team 453.90 463.00 2% HST per teamBall Diamond - 2-day Tournament (Annandale Diamonds) 535.50 546.20 2% HST 2 daysBall Diamond - Tournament per diamond per day 78.00 79.60 2% HST per diamond/dayBall Diamond - portable washrooms - 1 day tournament 204.00 208.10 2% HST 2 unitsBall Diamond - portable washrooms - 2 day tournament 255.00 260.10 2% HST 2 unitsTractor with Groomer - Prep Friday 77.50 79.10 2% HST per eventTractor with Groomer - Prep Saturday 38.80 39.60 2% HST per eventTractor with Groomer - Prep Sunday 38.80 39.60 2% HST per eventTractor with Groomer - Repair Monday 77.50 77.50 0% HST per eventAdministrative Fees 102.00 104.00 2% HST per eventSite clean up - 1 or 2 day event 166.00 169.30 2% HST 3 staffBall Diamond - Keys 11.70 11.90 2% HST Ball Diamonds - Lights left on/equipment not stored properly 50.00 51.00 2% HST per occurrenceDamage Deposit 510.00 520.20 2% ExemptDen - Fri or Sat 177.50 181.10 2% HST per dayDen - Sun - Thursday 129.50 132.10 2% HST per dayDen - Hourly 31.10 31.70 2% HSTEntire TCC Building - 1 arena 9am-4pm 2,070.60 2,112.00 2% HSTEntire TCC Building - 2 arenas 9am-4pm 2,601.00 2,653.00 2% HSTGibson House 68.90 70.30 2% HST per dayGibson House - Hourly 26.50 27.50 4% HST per hourKinsmen Canteen 26.50 27.00 2% HST per dayLobby Area 31.90 32.50 2% HSTMarwood B or C 68.90 70.29 2% HST per dayMarwood BC 134.60 137.30 2% HST per dayMarwood B or C - Hourly 26.00 26.50 2% HSTMarwood BC - Hourly 31.10 31.70 2% HSTMemorial Pavilion (full) or Kinsmen Bandshell 89.80 91.70 2% HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 56.10 57.20 2% HST per dayMemorial Park for Major Concert (includes bandshell & pavilion) - 650.00 NEW HST per event up to 4 daysNewman Park Gazebo 54.60 55.70 2% HST per dayParking Lot 109.10 111.30 2% HST per dayRotary Room 68.90 70.30 2% HSTRotary Room - Hourly 26.50 27.00 2% HSTRowing Club per month 96.90 98.50 2% HST8Page 299 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitSchool Lessons 3.70 3.80 3% Exempt per personSwim to Survive Rentals 89.50 91.30 2% Exempt per hourSwim Meet 307.10 313.20 2% HST per daySwim Meet Evening 153.60 153.60 0% HST per dayStorage Pool Deck 27.00 27.50 2% HST per monthSwim Lane 15.30 15.60 2% HST per hourStorage Rooms 108.10 110.30 2% HST per contractStorage Office A 26.50 27.00 2% HST per monthStorage Office B 16.00 16.30 2% HST per monthStorage Office C 5.50 5.60 2% HST per monthPool - 0-50 swimmers 87.40 89.10 2% HST per hourPool - 101+swimmers 222.60 227.10 2% HST per hourPool - 51-100 swimmers 118.60 121.00 2% HST per hourTicket Ice - 10 ePunch 7.30 7.40 1% HSTeachWaterPark - 0-100 swimmers 318.40 324.80 2% HSThourWaterPark- 0-100 swimmers - extra hour 212.20 216.40 2% HST add. Hr.Waterpark 101-300 swimmers 433.00 441.70 2% HSThourWaterpark 101-300 swimmers - extra hour 318.40 324.80 2% HST add. Hr.Waterpark 300+ swimmers 583.70 595.40 2% HSThourWaterpark 300+ swimmers - extra hour 461.60 470.80 2% HST add. Hr.Waterpark Board of Ed 100 swimmers 282.40 288.00 2% HSThourWaterpark Board of Ed 100 swimmers add. Hr. 156.90 160.00 2% HST add. Hr.Waterpark Board of Ed 100+ swimmers 502.10 512.10 2% HSThourWaterpark Board of Ed 100+ swimmers add. Hr. 251.10 256.10 2% HST add. Hr.Community Centre - Leagues and MembershipsAdult League - Individual 58.10 59.30 2% HSTeachAdult League - Team 375.40 382.90 2% HST per teamCourt Membership - Adult 52.00 53.00 2% HST SeasonalCourt Membership - Youth 18.70 19.10 2% HST SeasonalDisc Golf - Deposit 20.40 20.80 2% HSTDisc Golf - Set 33.70 34.40 2% HSTeachDisc Golf - Single 12.80 13.10 2% HSTeachTennis Lessons - 1 hour 83.10 84.80 2% HST 8 lessonsTennis Lessons - 1/2 hour 36.50 37.20 2% HST 8 lessonsTennis Advanced Lessons - 1 hour 86.70 88.40 2% HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 307.00 313.10 2% HST 12 monthMembership - Fitness or Yoga- 10 Pass 50.00 51.00 2% HST 10 visitsMembership - Fitness or Yoga - 20 Pass 79.10 80.70 2% HST 20 visitsMembership - Parent Pass 35.20 35.90 2% HST 6 weeks9Page 300 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitMembership - Personal Training - 5 110.20 112.40 2% HST 5 sessions 1 hrMembership - Pool - 12 month 194.80 198.70 2% HSTeachMembership - Pool - 6 month 136.70 139.40 2% HSTeachMembership - Pool 20 Pass 64.80 66.10 2% HSTeachMembership - Weight Training 55.60 56.70 2% HST up to 6 hoursMembership - HC Adult - 01 month 71.90 73.30 2% HST 1 monthMembership - HC Adult - 03 month 188.70 192.50 2% HST 3 monthMembership - HC Adult - 06 month 275.40 280.90 2% HST 6 monthMembership - HC Adult - 12 month 422.30 430.70 2% HST 12 monthMembership - HC Adult - 5 pass 41.90 42.70 2% HST 5 visitsMembership - HC Adult - 20 Pass 167.30 170.60 2% HST 20 VisitsMembership - HC Family - 01 month 162.20 165.40 2% HST 1 monthMembership - HC Family - 03 month 404.90 413.00 2% HST3 month Membership - HC Family - 06 month 603.80 615.90 2% HST 6 monthMembership - HC Family - 12 month 846.60 863.50 2% HST 12 monthMembership - HC Student/Senior - 01 month 58.10 59.30 2% HST 1 monthMembership - HC Student/Senior - 03 month 160.10 163.30 2% HST 3 monthMembership - HC Student/Senior - 06 month 197.90 201.90 2% HST 6 monthMembership - HC Student/Senior - 12 month 312.10 318.30 2% HST 12 monthMembership - Student - 5 Passes 24.00 24.50 2% HST 5 visitsMembership- Student - 20 Passes 78.00 79.60 2% HSTMembership - HC Glendale Student 95.90 97.80 2% HST 5 MonthMembership - Special - Adult 275.40 280.90 2% HST 12 monthMembership - Special - Student/Senior 204.00 208.10 2% HST 12 monthMembership - Special - Under 14 57.10 58.15 2% HST 12 monthMembership - Replacement Card 5.10 5.20 2% HSTeachMembership - Squash Adult - 01 month 69.90 71.30 2% HST 1 monthMembership - Squash Adult - 03 month 182.60 186.30 2% HST 1 monthMembership - Squash Adult - 06 month 268.30 273.70 2% HST 1 monthMembership - Squash Adult - 20 pass 86.70 88.40 2% HST 1 monthMembership - Squash Family - 01 month 157.10 160.20 2% HST 1 monthMembership - Squash Family - 03 month 391.70 399.50 2% HST 1 monthMembership - Squash Family - 06 month 588.50 600.30 2% HST 1 monthMembership - Squash Student - 01 month 58.10 58.10 0%HST 1 monthMembership - Squash Student - 03 month 160.10 163.30 2% HST 1 monthMembership - Squash Student - 06 month 197.90 201.90 2% HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 7.50 7.50 0% HST includedeachBoard of Education - Squash/HC 2.75 2.75 0% HST includedBoard of Education - Arena/Pool 3.00 3.00 0% HST included10Page 301 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitCourt Fee 5.00 5.00 0% HST includedDrop In Swimming Lessons 8.50 8.50 0% HST included per lessonDrop In Swimming Lessons - ea. Additional child 5.25 5.25 0% HST included per lessonHealth Club Adult 10.50 10.50 0% HST includedeachHealth Club - Youth 4.75 4.75 0% HST includedeachSquash 10.75 10.75 0% HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 2.00 0% HST includedRoller Skate - Admission With skate rental 5.00 5.00 0% HST includedSwim Child 2.00 2.00 0% HST includedeachSwim Family 9.00 9.00 0% HST includedeachSwim - Over 14 4.25 4.25 0% HST includedeachSkate Child 2.00 2.00 0% HST includedeachSkate Family 9.00 9.00 0% HST includedeachSkate - Over 14 4.25 4.25 0% HST includedeachWallyball 11.50 11.70 2% HST included per court (1 hr)Waterpark 2-5 yrs - - 0% HST includedeachWaterpark 60 years & over 4.50 4.50 0% HST includedeachWaterprak 60 years & Over Half Price 2.25 2.25 0% HST includedeachWaterpark 6-14 yrs 4.00 4.00 0% HST includedeachWaterpark 6-14 yrs Half Price 2.00 2.00 0% HST includedeachWaterpark Additional Family Member 2.00 2.00 0% HST includedeachWaterpark Adult 6.75 6.75 0% HST includedeachWaterpark Adult Half Price 3.40 3.40 0% HST includedeachWaterpark Family 24.50 24.50 0% HST included per family of 5Waterpark Family Half Price 12.25 12.25 0% HST included per family of 5Waterpark Grandparents Day - - 0% HST includedWaterpark Tillsonburg Resident Pass (6 +) 30.00 30.00 0% HST per personWaterpark Non-resident Pass (Youth & Srs 60+) 42.00 42.00 0% HST per personWaterpark Non-resident Pass (Adult under 60) 62.00 62.00 0% HST per personCommunity Centre - Other feesAdmin - Refund Admin Fee 15.30 15.60 2% Exempt eachAdmin - Reprint receipt 5.10 5.20 2% Exempt eachAdmin - Consolidated Receipts (Child Tax Credit) 10.20 10.40 2% HSTAdmin - Copies - Single sided0.27 0.30 10% HSTAdmin - Copies - Double sided0.31 0.35 11% HSTUFS - Aquatics Facility User Fee Surcharge- 1.50 NEW HSTAudio/Visual - Cordless Microphones 21.90 22.30 2% HSTAudio/Visual - TV/DVD Sound System 21.90 22.30 2% HSTCamping - Non Serviced per site31.90 32.50 2% HSTCamping - Serviced per site53.00 54.10 2% HSTRentals - 8' wooden tables 5.50 5.60 2% HST11Page 302 of 315 TCCPrograms2018 Fee 2019 Fee % Change Tax UnitRentals - Black plastic chairs 2.10 2.10 0% HSTeachDelivery of Table & Chairs( per round trip) 26.50 27.00 2% HSTRentals - Black curtains/hardware rental per foot 2.60 2.74% HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,060.80 1,082.00 2% HSTeachAdvertising - Community Arena Backlit 530.40 541.00 2% HSTeachAdvertising - Memorial Arena Board 688.50 702.30 2% HSTeachAdvertising - Community Arena Board423.30 431.80 2% HSTeachAdvertising - Ice Re-Surfacer - Side530.40 541.00 2% HSTeachAdvertising - Ice Re-Surfacer - Top1,060.80 1,082.00 2% HSTeachAdvertising - Ice Re-Surfacer - 3 sides2,346.00 2,392.90 2% HSTeachAdvertising - Skate Aid - 10.00 NEW HST per monthAdvertising - Inside Front/Back Page Glossy1,555.50 1,586.60 2% HSTeachAdvertising - Back Page Glossy2,080.80 2,122.40 2% HSTeachAdvertising - Brochure 1/8 page106.10 108.20 2% HSTeachAdvertising - Brochure 1/4 page185.60 189.30 2% HSTeachAdvertising - Brochure 1/2 page317.20 323.50 2% HSTeachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 624.20 636.70 2% HSTeachAdvertising - Brochure Full page634.40 647.10 2% HSTeachAdvertising - Brochure Full page (internal corporate)208.10 212.30 2% HSTeachAdvertising - Miscellaneous106.10 108.20 2% HSTeachAdvertising - Digital Ad Set up 20.70 21.10 2% HSTeachAdvertising - Digital Ad - Monthly(min. 3 mos term)52.00 53.00 2% HSTeachAdvertising - Digital Ad - Tournament/Special Events52.00 53.00 2% HSTeachAdvertising - Fence - Per Season116.30 118.60 2% HST per seasonAdvertising - Fence - Per Year232.60 237.30 2% HST annuallyA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th ad gets 30% off the total for all 4.12Page 303 of 315 FireItem 2018 Fee 2019 Fee % Change Tax UnitFireFee for response to a nuisance fire alarm - first incident in 12 month period 218.50 224.00 3% Exempt per alarmFee for each fire apparatus dispatched to a specific address in response to a nuisance false alarm AFTER the first incident in 12 month period $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hourResponse to false alarms in building required by the Ontario Building Code where work is being done on the system and the owner or his agent fails to notify the Fire Department $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hourFee for each fire apparatus dispatched to the scene of a motor vehicle accident and providing fire protection or other emergency services. $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle fire and providing fire protection or other emergency services. $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services on a provincial highway. $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hour + materialsFee for each fire apparatus dispatched to Natural Gas Leak $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hour + materialsFee for each fire apparatus dispatched to a Hazardous Materials Incident. $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hour + materialsFee for each fire apparatus assigned to a fire watch authorized by Fire Chief $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hourFee for each fire apparatus dispatched to a burn complaint where the by-law is contraviened and/or fire department is required to extinguish an open air burn. $459.45/hr + $229.73/ each hald hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exempt per hour or half hourAdditional Fire department expense incurred during an emergency required to mitigate the emergency Actual cost Actual Cost ExemptMTO - ARIS fee 14.00 14.00 (based on MTO set rate)eachFire Incident Report 108.25 110.50 2% HST eachFire Investigation report 218.00 225.00 3% HST eachFee to conduct a file search for outstanding orders/ inspection reports and respond by letter 84.85 87.50 3% HST each requestFee to conduct a requested inspection of a commercial, industrial, or institutional building less than 930m2 (10,000 sq.ft.) 217.50 222.50 2% HST eachEach additional 185m2 (2000 sq.ft.) in a commercial, industrial or institutional building 32.30 33.50 4% HST each13Page 304 of 315 FireItem 2018 Fee 2019 Fee % Change Tax UnitFee to conduct a requested inspection of a residential building up to and including 4 suites or apartments 212.25 215.00 1% HST eachEach additional suite or apartment over base fee 32.30 33.25 3% HST eachFee to conduct a requested inspection of any licensed occupancy excluding a daycare 166.50 169.40 2% HST eachFee to conduct a requested inspection of a daycare facility 83.25 85.00 2% HST eachFee to conduct verification of fire drill scenario 205.00 210.00 2% HST eachBusiness License Inspection 81.70 83.50 2% Exempt eachFee to conduct any requested inspection above that is in compliance with the Fire Code at initial inspection- 50.00 - 50.00 0% HST eachFee to conduct each required re-inspection after one verification re-inspection same as original same as original 0% HST eachResidential carbon monoxide alarm or smoke alarm left with a homeowner on loan 85.00 86.50 2% HST, if not returnedper detector not returnedFire department approval as part of a Demolition Permit issued by the Building Department. 107.00 109.00 2% HST eachFee to review an application for a licence to sell Consumer Fireworks (F.1) including a site inspection and review of Fire Safety Plan 178.50 182.00 2% HST eachFee to review an application for a Display Fireworks (F.2) event 132.00 140.00 6% HST eachFee to review an application for a licence to conduct a Pyrotechnics (F.3) display including a site inspection and review of Fire Safety Plan 210.00 214.00 2% HST eachFee to issue open air burn permit 110.00 112.00 2% HST eachFee to review a fire safety plan excluding any such review required as part of a property inspection for which a fee has been set in this by-law. 60.00 65.00 8% HST eachFee to review and/or approve a Level 1 Risk Management Plan as part of an application to the TSSA for a licence to store propane. 317.50 325.00 2% HST eachFee to review and/or approve a Level 2 Risk Management Plan as part of an application to the TSSA for a licence to store propane$765 $780 2% HST eachFee for facilitating fire safety training 111.00 111.60 1% HST per hourFee to facilitate fire extinguisher training (theory only) 105.00 107.00 2% HSTFee to facilitate live fire training 200.00 205.00 3% HST eachFees to facilitate public education presentations, station tours, and lectures for non-resident organizations and individuals 54.00 55.00 2% HST per hourFee to recharge self-contained breathing air cyclinders 32.00 32.00 0% HST per cylinderFee to recharge self-contained breathing air cylinders, under a special agreement with SWOX and Bayham Fire Depts 1,300.00 1,300.00 0% HST per yearFee to clean set of bunker gear 2.65 2.75 4% HST eachRental of Training Room (excluding emergency services) 218.50 220.00 1% HST per day14Page 305 of 315 MuseumItem 2018 Fee 2019 Fee % Change Tax UnitMuseumMuseum-Admission-Adult 5.31 6.00 13%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 45.00 0%HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.00 0%HSTyearlyMuseum-Admission-Child 2.21 2.21 0%HSTdailyMuseum-Admission-Family Rate 10.62 12.00 13%HSTdailyMuseum-Admission-Group Rate 4.00 4.00 0%HSTdailyMuseum-Admission-Senior 4.42 5.00 13%HSTdailyMuseum-Admission-Student 3.00 3.00 0%HSTdailyMuseum Volunteer-Admission-Free FREE FREE 0%dailyMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate FREE FREE 0%eachMuseum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 50.00 0%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 50.00 0%HSTeachMuseum-Rentals-Kitchen 25.00 25.00 0%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.00 0%HSTeachMuseum-Rentals-Program Room 50.00 50.00 0%HSThalf dayMuseum-Rentals-Program Room 75.00 75.00 0%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 75.00 0%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 100.00 0%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 100.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 60.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 75.00 0%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.00 0%ExempteachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.00 0%ExempteachMuseum- School Program- per student (1 hour) 2.50 2.50 0%ExempteachMuseum - School Program - per student (2 hours) 3.50 3.50 0%ExempteachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum-Slide Show Presentations-Off Site 40.00 40.00 0%HSTeachMuseum-Slide Show Presentations-On Site 30.00 30.00 0%HSTeachMuseum-Admission - Pratt Gallery only 2.50 2.50 0%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 80.00 0%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.00 0%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.00 0%HSTMuseum- Special Event Tea 15.00 15.00 0%HSTMuseum - Special Event - Dinner 55.00 55.00 0%HSTper eventMuseum - Special Event - Performance 40.00 40.00 0%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HST15Page 306 of 315 MuseumItem 2018 Fee 2019 Fee % Change Tax UnitMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea (Tier 1) - 7.00 NEWHSTMuseum-Special Event - Tea (Tier 2) - 12.00 NEWHSTMuseum- Special Event - Tea (Tier 3) - 20.00 NEWHSTMuseum- Special Event - Tea (Tier 4) - 25.00 NEWHSTMuseum- Special Event - Tea (Tier 5) - 30.00 NEWHSTWorkshop (Tier 1) - 15.00 NEWHSTWorkshop (Tier 2) - 20.00 NEWHSTWorkshop (Tier 3) - 25.00 NEWHSTWorkshop (Tier 4) - 30.00 NEWHSTWorkshop (Tier 5) - 40.00 NEWHSTWorkshop (Tier 6) - 45.00 NEWHSTWorkshop (Tier 7) - 50.00 NEWHSTWorkshop (Tier 8) - 60.00 NEWHSTWorkshop (Tier 9) - 65.00 NEWHSTWorkshop (Tier 10) - 70.00 NEWHSTWorkshop (Tier 11) - 80.00 NEWHSTWorkshop (Tier 12) - 85.00 NEWHSTWorkshop (Tier 13) - 90.00 NEWHSTWorkshop (Tier 14) - 95.00 NEWHSTBus Trip (Tier 1) - 45.00 NEWHSTBus Trip (Tier 2) - 50.00 NEWHSTBus Trip (Tier 3) - 55.00 NEWHSTBus Trip (Tier 4) - 60.00 NEWHSTBus Trip (Tier 5) - 65.00 NEWHSTBus Trip (Tier 6) - 70.00 NEWHSTBus Trip (Tier 7) - 75.00 NEWHSTBus Trip (Tier 8) - 80.00 NEWHSTBus Trip (Tier 9) - 85.00 NEWHSTBus Trip (Tier 10) - 90.00 NEWHSTBus Trip (Tier 11) - 95.00 NEWHSTBus Trip (Tier 12) - 100.00 NEWHSTBus Trip (Tier 13) - 110.00 NEWHSTBus Trip (Tier 14) - 115.00 NEWHSTBus Trip (Tier 15) - 120.00 NEWHSTBus Trip (Tier 16) - 125.00 NEWHSTBus Trip (Tier 17) - 130.00 NEWHSTBus Trip (Tier 18) - 135.00 NEWHST16Page 307 of 315 Cemetery-ParksItem2018 Fee2018 Perpetual Care Fee 2018 Net Fee 2019 Fee2019 Perpetual Care Fee 2019 Net Fee % Change Tax UnitInterment RightsGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0% HST graveInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0% HST graveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0% HST graveColumbarium Niche 1,900.00 285.00 1,615.00 1,900.00 285.00 1,615.00 0% HST nicheColumbarium Niche 1,500.00 225.00 1,275.00 1,500.00 225.00 1,275.00 0% HST nicheCemetery Services - Cemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0% Exempt intermentColumbarium Niche Open/Close 255.00 255.00 200.00 200.00 -22% HST eachAdult Interment 835.00 835.00 835.00 835.00 0% HST eachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 0% HST per 1/2 hourChild/ Infant Interment 300.00 300.00 300.00 300.00 0% HST eachCremated Remains Interment Infant 300.00 300.00 200.00 200.00 -33% HST eachCremated Remains Interment Adult 475.00 475.00 350.00 350.00 -26% HST eachStatutory Holidays - Funeral FeeHST eachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket 2,087.50 2,087.50 2,087.50 2,087.50 0% HST eachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 0% HST eachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket 1,565.63 1,565.63 1,565.63 1,565.63 0% HST eachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST eachDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0% HST eachDisinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 0% HST eachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0% HST eachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0% HST per cubic footVeteran Standing Monument Setting 200.00 200.00 200.00 200.00 0% HST eachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0% HST eachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0% HST eachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0% HST eachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0% HST eachMonument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0% HST eachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0% HST eachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0% HST eachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0% HST eachFlower Campaign 100.00 100.00 100.00 100.00 0% HST Per basketWreath Campaign 60.00 60.00 60.00 60.00 0% HST Per wreathMemorial Benches1,650.00 2,000.00 200.00 1,800.00 21% HSTeachMemorial Tree600.00 650.00 65.00 585.00 8% HSTeach 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee Perpetual care fees regulated by the Province17Page 308 of 315 Public WorksItem 2018 Fee 2019 Fee % Change Tax UnitAirportAirport - Aircraft Parking Fees - Daily 6.00 6.00 0% HST per dayAirport - Aircraft Parking Fees - Monthly 42.00 42.00 0% HST per monthAirport - Basement Boardroom rental (15'x29') half day 45.00 45.00 0% HST per half dayAirport - Basement Boardroom rental (15'x29') full day 80.00 80.00 0% HST per full dayAirport - Basement or Dining Area Rental per hour 15.00 15.00 0% HST per hourAirport - Boardroom Long term rental 275.00 275.00 0% HST per weekAirport - Hangar Land Lease Fee Annually per SF 0.29 0.29 0% HST per SFAirport - Infrastructure fee < 5,000 SF hangar 500.00 525.00 5% HST upon signingAirport - Infrastructure fee > 5,000 SF hangar 1,000.00 1,050.00 5% HST upon signingAirport - Maintenance fee 100.00 105.00 5% HST per yearAirport Toque 10.00 10.00 0% HST per unitAirport Fuel Call Out Fee 25.00 25.00 0% HST per call outAirport Administration Fee 25.00 25.00 0% HST per unitAirport Hangar Application Fee - 300.00 NEW HST per applicationAirport Hangar Transfer Fee - 150.00 NEW HST per applicationRoadsPublic Works Administration Fee - 50.00 NEW HST flat rateRoads-Labour 37.50 38.25 2% HST per hourRoads-Labour Overtime 52.00 53.25 2% HST per hourRoads-Labour Double Time 66.50 68.25 3% HST per hour1/2 Ton Pickup Truck 15.00 15.00 0% HST per hour1-Ton Truck 30.00 30.00 0% HST per hourSingle Axle Dump Truck 80.00 80.00 0% HST per hour With Plow & Wing 12.00 12.50 4% HST per hour With Sander/Salter 19.00 19.50 3% HST per hour With Plow, Wing & Sander/Salter 31.00 32.00 3% HST per hour With Anti-Icing System 4.00 4.50 13% HST per hourFront End Loader 60.00 70.00 17% HST per hour With Plow Blade 5.00 7.00 40% HST per hour With Snowblower 180.00 180.00 0% HST per hourBackhoe 45.00 50.00 11% HST per hourGrader 75.00 75.00 0% HST per hourStreet Sweeper 65.00 70.00 8% HST per hourSidewalk Machine 45.00 45.00 0% HST per hour With Plow 5.50 6.00 9% HST per hour With Sander 4.50 5.00 11% HST per hour With Snowblower 15.50 16.00 3% HST per hour With Plow & Sander 10.00 11.00 10% HST per hour With Snowblower & Sander 20.00 21.00 5% HST per hour With Angle Broom 8.00 8.50 6% HST per hour With Flail Mower 8.50 10.00 18% HST per hour With Cold Planer 35.00 35.00 0% HST per hourLeaf Vacuum 85.00 85.00 0% HST per hourLine Striper 11.00 12.00 9% HST per hourSewer Rodder 90.00 90.00 0% HST per hourWood Chipper 25.00 25.00 0% HST per hourZero Radius Mower 25.00 25.00 0% HST per hourPortable Pump 35.00 35.00 0% HST per hourWalk Behind Snowblower 2.00 2.50 25% HST per hourWalk Behind Push Mower 2.00 2.50 25% HST per hour18Page 309 of 315 Public WorksItem 2018 Fee 2019 Fee % Change Tax UnitChainsaw 2.50 2.50 0% HST per hourTrimmer 2.00 2.00 0% HST per hourSmall Generator 9.00 9.50 6% HST per hourUtility Trailer 7.50 9.00 20% HST per hourConstruction & Demolition Disposal Cost Recovery Fee 25.00 25.00 0% HST per load19Page 310 of 315 UtilityItem 2018 Fee 2019 Fee % Change Tax UnitUtility NSF Cheque Fee (plus bank charges) 15.00 15.00 0% HST eachUtility-Account Set Up Fee 30.00 30.00 0% HST eachUtility - Late Payment (per annum) 0.20 0.20 0% HST %Utility-Collection of Account Charge (no disconnection) 30.00 30.00 0% HST eachUtility-After Hour Reconnect (at meter) 185.00 185.00 0% HST eachUtility-During Hours Reconnect (at meter) 65.00 65.00 0% HST eachUtility-During Hours Reconnect (at mpole) 185.00 185.00 0% HST eachUtility-During Hours Remove Load Control Device 185.00 185.00 0% HST eachUtility-Interval Meter 1,100.00 1,100.00 0% HST eachUtility-Special Meter Reading 30.00 30.00 0% HST eachUtility -Service Call (after hours) 165.00 165.00 0% HST eachUtility-Access to Utility Poles 22.35 43.63 95% HST eachUtility-Miscellaneous Materials Mark Up 0.25 0.25 0% HST %Utility-Pole Rental - 30 ft 1.50 1.50 0% HST monthUtility-Pole Rental - 35 ft 2.25 2.25 0% HST monthUtility-Sentinal Light Rental - 150 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 175 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 250 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 400 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 70 W 3.50 3.50 0% HST monthUtility-Labour 45.50 45.50 0% HST hourUtility-Truck Charges - #26 15.00 15.00 0% HST hourUtility-Truck Charges - #30 15.00 15.00 0% HST hourUtility-Truck Charges - #41 20.00 20.00 0% HST hourUtility-Truck Charges - #65 67.50 67.50 0% HST hourUtility-Truck Charges - #66 67.50 67.50 0% HST hourUtility-Truck Charges - #68 75.00 75.00 0% HST hourUtility-Truck Charges - #74 65.00 65.00 0% HST hourUtility-Truck Charges - #22 15.00 15.00 0% HST hourUtility-Truck Charges - #28 15.00 15.00 0% HST hourUtility-Truck Charges - #44 30.00 30.00 0% HST hourUtility-Truck Charges - #45 15.00 15.00 0% HST hourUtility-Sewer Camera Job 55.00 55.00 0% HST hourUtility-Water Heater Rental - 40 gal. 10.00 11.00 10% HST monthUtility-Water Heater Rental - 60 gal 11.00 12.00 9% HST month20Page 311 of 315 Non-Controlled Town FeesItem 2018 Fee 2019 Fee % ChangeTaxUnitBag Tags2.00 2.00 0%incl HSTBlue Box (apartment )3.50 3.55 1%incl HSTBlue Box (large)5.50 5.50 0%incl HSTBlue Box Lid1.50 1.50 0%incl HSTComposter10.00 10.00 0%incl HSTRain barrels45.00 45.00 0%incl HSTGreen Cones40.00 40.00 0%incl HSTFine - allow or permit an animal to trespass on private property 150.00 150.00 0%Exemptper infractionFine - Fail to ensure that the animal enclosure is kept free of offensive odour 300.00 300.00 0%Exemptper infractionFine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition 300.00 300.00 0%Exemptper infractionFine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected 300.00 300.00 0%Exemptper infractionFine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise 300.00 300.00 0%Exemptper infractionFine - fail to keep dog license fixed on dog/cat 105.00 105.00 0%Exemptper infractionFine - fail to notify license issuer upon sale of puppy/kitten 105.00 105.00 0%Exemptper infractionFine - Fail to obtain dog/cat license 105.00 105.00 0%Exemptper infractionFine - fail to prevent an animal from running at large 150.00 150.00 0%Exemptper infractionFine - Fail to provide animal with basic necessities 300.00 300.00 0%Exemptper infractionFine - fail to remove or dispose of animal excrement forthwith 150.00 150.00 0%Exemptper infractionFine - fail to renew dog/cat license 105.00 105.00 0%Exemptper infractionFine - failing to muzzle potentially dangerous dog or dangerous dog 305.00 305.00 0%Exemptper infractionFine - Failing to restrain dog from causing noise 105.00 105.00 0%Exemptper infractionFine - failing to restrain potentially dangerous dog or dangerous dog 305.00 305.00 0%Exemptper infractionFine - Failure to comply with conditions of muzzle order 305.00 305.00 0%Exemptper infractionFine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species 300.00 300.00 0%Exemptper infractionFine - Failure to ensure that the animal enclosure is escape-proof 150.00 150.00 0%Exemptper infractionFine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch 300.00 300.00 0%Exemptper infractionFine - failure to notify change of ownership of potentially dangerous dog or dangerous dog 105.00 105.00 0%Exemptper infractionFine - failure to post sign 105.00 105.00 0%Exemptper infractionFine - Failure to store feed in a rodent-proof container 105.00 105.00 0%Exemptper infractionFine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper 150.00 150.00 0%Exemptper infractionFine - Harbouring more than three dogs 105.00 105.00 0%Exemptper infractionFine - Harbouring more than two cats 105.00 105.00 0%Exemptper infractionFine - have dog on leash exceeding two metres 150.00 150.00 0%Exemptper infractionFine - Keep animal in unsanitary conditions 105.00 105.00 0%Exemptper infractionFine - Keeping more than ten pidgeons 105.00 105.00 0%Exemptper infractionFine - Keeping prohibited animals 105.00 105.00 0%Exemptper infractionFine - keeping prohibited animals - agricultural lands 105.00 105.00 0%Exemptper infractionFine - Offering for sale, selling, making available 105.00 105.00 0%Exemptper infractionFine - operate a kennel without a license 150.00 150.00 0%Exemptper infractionFine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length 305.00 305.00 0%Exemptper infraction21Page 312 of 315 Non-Controlled Town FeesItem 2018 Fee 2019 Fee % ChangeTaxUnitFine - retrieve a dog and or cat from pound keeper without paying fees 150.00 150.00 0%Exemptper infractionFine - unlawfully transferred dog/cat tag 105.00 105.00 0%Exemptper infractionAGCO Required LicencesSpecial Sales License $1 per thousand $1 per thousand 0%Exempt each50/50 Raffle 3% with min. of $25 3% with min. of $25 0%Exempt each Bazaar $10 per wheel, 3 wheels max $10 per wheel, 3 wheels max 0%Exempt each Bazaar/Bingo 2 percent 2 percent 0%Exempt each Bazaar/Raffle 3% up to $5000 3% up to $5000 0%Exempt each Bingo Only 2% up to $5500 2% up to $5500 0%Exempt each Nevada @ other location 3% x # of units X total prize/unit 3% x # of units X total prize/unit 0%Exempt each Nevada @ own location 2% x # of units X total prize/unit 2% x # of units X total prize/unit 0%ExempteachPoliceCriminal Record, Police Record & Vulnerable Sector Check (Employment 25.00 25.00 0%ExempteachDuplicate Copy of Criminal and Police Record Check 5.00 5.00 0%incl HSTeachCriminal Record, Police Record & Vulnerable Sector Check (Volunteer) FREE FREE 0%ExempteachFingerprints (OPP charge) 26.50 26.50 0%incl HSTeachFingerprints (LIVESCAN - on behalf of RCMP) 25.00 25.00 0%incl HSTeachOccurrence Confirmation Reports/Incident Reports 42.25 42.25 0%incl HSTeachStatements 42.25 42.25 0%incl HSTeachTechnical Traffic Collision Reports 565.00 565.00 0%incl HSTeachReconstructionist Report 1,130.00 1,130.00 0%incl HSTeachPAID DUTY RELATED FEESPayable to Minister of Finance (Provincial in Nature) Administrative Fee (note 1) 68.50 68.50 0%incl HSTHourly Vehicle Usage Fee (note 1) 28.25 28.25 0%incl HST2014 Hourly Officer Rate - PDO (note 1) 73.60 73.60 0%incl HST2014 Hourly Supervisor Rate - PDS (note 1) 83.17 83.17 0%incl HSTOwner dumping debris on own lands 500.00 500.00 0% Exempt per infractionOwner failing to tag garbage 200.00 200.00 0% Exempt per infractionParking - double parking 30.00 30.00 0% Exempt per infractionParking - for longer period than provided 20.00 20.00 0% Exempt per infractionParking - in loading zone 30.00 30.00 0% Exempt per infractionParking - near fire hydrant 30.00 30.00 0% Exempt per infractionParking - no parking (2am-7am) 30.00 30.00 0% Exempt per infractionParking - Obstructing Traffic 30.00 30.00 0% Exempt per infractionParking - parking in handicapped parking space without permit 300.00 300.00 0% Exempt per infractionParking - Parking/standing in fire route 75.00 75.00 0% Exempt per infractionParking - prohibited area 30.00 30.00 0% Exempt per infractionParking - too close to corner 30.00 30.00 0% Exempt per infractionParking - too close to curb 30.00 30.00 0% Exempt per infractionParking - Wrong side of road 30.00 30.00 0% Exempt per infractionPerson assisting dumping debris on private lands 500.00 500.00 0% Exempt per infractionPerson dumping debris on private/public lands 500.00 500.00 0% Exempt per infraction22Page 313 of 315 Non-Controlled Town FeesItem 2018 Fee 2019 Fee % ChangeTaxUnitPerson fail to immediate remove debris 500.00 500.00 0% Exempt per infractionOwner - fail to tag garbage 500.00 exempt Schedule V Part VI (ETA)- ExemptFail to enclose swimming pool during construction 350.00 350.00 0% none per infractionFail to properly enclose swimming pool with temporary enclosure 350.00 350.00 0% none per infractionPermit construction of swimming pool not completely enclosed with swimming pool enclosure 350.00 350.00 0% none per infractionFail to equip hydro massage pool with secure cover 350.00 350.00 0% none per infractionFail to equip swimming pool gate with self-closing device 350.00 350.00 0% none per infractionFail to equip swimming pool gate with self-latching device 350.00 350.00 0% none per infractionFail to equip swimming pool gate with operable lock 350.00 350.00 0% none per infractionFail to maintain swimming pool fence to a safe condition and good repair 350.00 350.00 0% none per infractionConstruct or permit swimming pool enclosure not in compliance with height requirement 350.00 350.00 0% none per infractionDid erect or alter a sign in the Town of Tillsonburg before obtaining a permit from the Chief Building Official 200.00 200.00 0% none per infractionDid erect or permit community bulletin sign on town property, without town approval 200.00 200.00 0% none per infractionDid erect a temporary community sign, without town approval 200.00 200.00 0% none per infractionDid erect a mobile sign – closer than 30.0 meters or (98.44 ft) from any other mobile sign 100.00 100.00 0% none per infractionDid erect or display a mobile sign that is not located on the same property as the business which it is advertising. 100.00 100.00 0% none per infractionDid erect a prohibited sign on land owned by the Town 200.00 200.00 0% none per infractionDid erect a sidewalk sign on a public street and did not position as to provide a minimum of 1.5 meters of unobstructed sidewalk space 100.00 100.00 0% none per infractionDid erect a sign located on a premise which does not specifically identify or advertise a business, service, or occupant of the premises where it is located 100.00 100.00 0% none per infractionDid erect a vehicle/trailer sign on a non-motorized vehicle, where the purpose of the sign meets the definition of a sign under the By-law 100.00 100.00 0% none per infractionOperate a vehicle for hire without a licence. 250.00 250.00 0% none per infractionOperate vehicle not licenced as a vehicle for hire. 250.00 250.00 0% none per infractionFailure to display taxicab plate. 250.00 250.00 0% none per infractionFailure to submit vehicle for inspection. 250.00 250.00 0% none per infractionFailure to produce licence upon demand. 250.00 250.00 0% none per infractionPermit smoking in taxicab. 250.00 250.00 0% none per infractionFailure to display tariff card. 250.00 250.00 0% none per infractionCharge fare not prescribed in fare schedule. 250.00 250.00 0% none per infractionFail to accept service animal into taxicab. 400.00 400.00 0% none per infractionSmoke on town walkway 105.00 105.00 0% none per infractionSmoke within 9 m of anytown facility entrance or exit 105.00 105.00 0% none per infractionSmoke within 9 metres of Library Lane entrance 105.00 105.00 0% none per infractionSmoke within 9 metres of Town Centre Mall 105.00 105.00 0% none per infraction23Page 314 of 315 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4261 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 28th day of January, 2019. 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 January 28, 2019, 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 28th DAY OF JANUARY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF JANUARY, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 315 of 315