190325 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Monday, March 25, 2019
5:00 PM
Council Chambers
200 Broadway, 2nd Floor
1.Call to Order
2.Closed Session
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT Council move into Closed Session at 5:00 p.m. to consider personal matters about an
identifiable individual, including Town employees (CAO Performance Appraisal).
3.Adoption of Agenda
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council Meeting of Monday, March 25, 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 #3
Moved By: ________________
Seconded By: ________________
THAT the Minutes of the Council Meeting of March 11, 2019 be approved.
7.Presentations
8.Public Meetings
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT Council move into the Committee of Adjustment to hear applications for Minor
Variance at _________pm.
8.1 Application for Minor Variance - A02-19 - 59 Trillium Drive (Simon Wagler Homes)
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approves Application File A02-19, submitted by
Simon Wagler Homes, for lands described as Lot 43, Plan 41M-145, Town of
Tillsonburg, as it relates to:
Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the
maximum permitted lot coverage of an ‘R1-21’ zoned lot from 35% to 36% of
the lot area, subject to the condition that a building permit for the proposed
dwelling shall be issued within one year of the date of the Committee’s
decision.
1.
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council move out of the Committee of Adjustment and move back into regular
Council session at ____________pm.
8.2 Application for Zone Change - ZN 7-19-02 - 74 Sanders Crescent (Erica Patenaude)
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council approves the zone change application submitted by Erica Patenaude,
whereby the lands described as Block 47, Plan 41M-241 & Block A, Plan M60, Town
of Tillsonburg, known municipally as 74 Sanders Crescent are to be rezoned from
‘Low Density Residential Type 1 Zone (R1)’ & ‘Low Density Residential Type 1A
Holding Zone (R1A-H)’ to ‘Special Low Density Residential Type 1 A Zone (R1A-sp)’
to permit a single detached dwelling with a reduced exterior side yard width;
AND FURTHER THAT the Council approves the request to enact a deeming by-law,
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to deem lands known as Block 47, Plan 41M-241 & Block A, Plan M60, Town of
Tillsonburg to not be within a registered plan of subdivision, to merge the lands to
provide a single residential building lot.
9.Planning Applications
10.Delegations
11.Deputation(s) on Committee Reports
12.Information Items
12.1 Lake Erie Source Protection Committee Municipal Member Nomination
Proposed Resolution #8
Moved By: ________________
Seconded By: ________________
THAT Council receives the Memo regarding the Lake Erie Region Source Protection
Committee Municipal Member Nomination, as information; and
THAT Tillsonburg Town Council supports the appointment of the Coordinator of
Source Protection (Risk Management Official and Inspector) for the County of
Oxford to the Lake Erie Region Source Protection Committee.
12.2 Ontario Senior of the Year Award
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
THAT Council receives notice of the Ministry of Citizenship and Immigration's
'Ontario Senior of the Year Award' nomination period;
AND THAT nominations received by the municipality will be considered, and a
submission made to the Ministry, with a deadline of April 30, 2019.
13.Mayor Reports
13.1 MYR 19-05 - Update - CAO Performance Appraisal
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT Council receives Report MYR 19-05;
AND THAT Council endorses the recommendations for the identified Goals and
Objectives and recommended Remuneration;
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AND THAT the work of the Review Committee be considered complete and that the
Committee be disbanded.
14.Staff Reports
14.1 Chief Administrative Officer
14.2 Clerk's Office
14.2.1 CLK 19-08 - Committees of Council Additional Appointments
Proposed Resolution #11
Moved By: ________________
Seconded By: ________________
THAT Council receives Report CLK 19-08 - Committees of Council
Additional Appointments;
AND THAT By-Law 4281 to amend Schedule A of By-Law 4247, be
brought forward for Council consideration.
14.2.2 CLK 19-09 - Appointments to the Property Standards Committee
Proposed Resolution #12
Moved By: ________________
Seconded By: ________________
THAT Council receives Report CLK 19-09 Appointments to the Property
Standards Committee;
AND THAT By-Law 4282 to establish and appoint members to the Property
Standards Committee by The Corporation of The Town of Tillsonburg, be
brought forward for Council consideration.
14.3 Development and Communication Services
14.4 Finance
14.4.1 FIN 19-06 - 2018 Remuneration and Expenses
Proposed Resolution #13
Moved By: ________________
Seconded By: ________________
THAT FIN19-06 - 2018 Remuneration and Expenses be received as
information.
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14.4.2 FIN 19-07 - Plotter Replacements
Proposed Resolution #14
Moved By: ________________
Seconded By: ________________
THAT FIN19-07 - Plotter Replacements be received as information;
AND THAT two plotter/scanners be purchased by the IT department to
replace failing units not included in the 2019 Budget;
AND FURTHER THAT the funding for these units comes from the IT
Reserve and the Asset Management Reserve ($11,072) using unutilized
funds from the purchase of survey equipment.
14.5 Fire and Emergency Services
14.6 Operations
14.6.1 OPS 19-06 - Results for RFP 2019-002 Survey Equipment
Proposed Resolution #15
Moved By: ________________
Seconded By: ________________
THAT Council receives Report OPS 19-06 - Results for RFP 2019-002
Survey Equipment;
AND THAT Council award RFP 2019-002 to Cansel of Richmond Hill, ON
at a cost of $36,012.87 (net HST included), the highest scoring proposal
received.
14.7 Recreation, Culture & Park Services
14.7.1 RCP 19-13 - Cogeneration Turbines Factory Protection Plan
Proposed Resolution #16
Moved By: ________________
Seconded By: ________________
THAT Council receives Report RCP 19-12 – Cogeneration Turbines
Factory Protection Plan;
AND THAT Council authorizes the Mayor and Clerk to sign the Factory
Protection Plan with Whitby Hydro Energy Services Corporation at Level C
for 9 years at an annual cost of $39,976 plus applicable taxes.
15.New Business
Page 5 of 141
16.Consideration of Committee Minutes
16.1 Committee Minutes
Proposed Resolution #17
Moved By: ________________
Seconded By: ________________
THAT Council receives the Cultural, Heritage and Special Awards Advisory
Committee Minutes dated March 6, 2019, the Recreation and Sports Advisory
Committee Minutes dated March 7, 2019, the Parks, Beautification and Cemetery
Advisory Committee Minutes dated March 7, 2019, and the Accessibility Advisory
Committee Minutes dated March 12, 2019, as information.
17.Motions/Notice of Motions
17.1 Councillor Gilvesy - Council Staff Relations Policy
Proposed Resolution #18
Moved By: Councillor Gilvesy
Seconded By: ________________
THAT the Council Staff Relations Policy be reviewed in April 2020.
18.Resolutions/Resolutions Resulting from Closed Session
19.By-Laws
19.1 By-Law 4281, To Amend Schedule A of By-Law 4247, to Define the Mandate and
Membership for Committees
19.2 By-Law 4282, To establish and appoint members to the Property Standards
Committee
Proposed Resolution #19
Moved By: ________________
Seconded By: ________________
THAT By-Law 4281, To Amend Schedule A of By-Law 4247, to Define the Mandate
and Membership for Committees; and
By-Law 4282, To Establish and Appoint Members to the Property Standards
Committee, 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.Confirm Proceedings By-law
Page 6 of 141
Proposed Resolution #20
Moved By: ________________
Seconded By: ________________
THAT By-Law 4284, to Confirm the Proceedings of the Council Meeting held on March 25,
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.
21.Items of Public Interest
22.Adjournment
Proposed Resolution #21
Moved By: ________________
Seconded By: ________________
THAT the Council Meeting of Monday, March 25, 2019 be adjourned at ______ p.m.
Page 7 of 141
1
MINUTES
Monday, March 11, 2019
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Luciani
Councillor Parker
Councillor Rosehart
Regrets: Councillor Gilvesy
Staff: David Calder, CAO
Kevin De Leebeeck, Director of Operations
Dave Rushton, Director of Finance
Rick Cox, Director of Recreation, Culture and Parks
Lana White, Deputy Clerk/Executive Assistant
Amelia Jaggard, Legislative Services Coordinator
Regrets: Donna Wilson, Town Clerk
Jeff Smith, Fire Chief
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Closed Session
3. Adoption of Agenda
Resolution # 1
Moved By: Councillor Rosehart
Seconded By: Councillor Esseltine
THAT the Agenda as prepared for the Council meeting of Monday, March 11,
2019 be adopted.
Page 8 of 141
2
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
Resolution # 2
Moved By: Councillor Rosehart
Seconded By: Councillor Esseltine
THAT the Minutes of the Council meeting of February 28, 2019 be approved.
Carried
7. Presentations
8. Public Meetings
Resolution # 3
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council move into the Committee of Adjustment to hear applications for
Minor Variance at 6:04 pm.
Carried
8.1 Application for Minor Variance - A01-19 - 24 Morning Glory Drive
(Simon Wagler Homes)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council
and provided an overview of Report A01-19 Application for Minor
Variance.
Opportunity was given for comments and questions from Council.
The owner, Simon Wagler Homes, was not in attendance.
No members of the public appeared before Council either in support of, or
opposition to, the application.
Council passed the following resolution.
Page 9 of 141
3
Resolution # 4
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the Committee of Adjustment approves Application File A01-19,
submitted by Simon Wagler Homes, for lands described as Lot 143, Plan
41M-145, Town of Tillsonburg, as it relates to:
1. Relief from Section 6.2, Table 6.2 - Zone Provisions, to increase the
maximum permitted lot coverage of an 'R1' zoned lot from 36.7% to 38%
of the lot area.
Carried
Resolution # 5
Moved By: Councillor Luciani
Seconded By: Councillor Rosehart
THAT Council move out of the Committee of Adjustment and move back
into regular Council session at 6:08 p.m.
Carried
8.2 Application for Zone Change - ZN 7-18-14 - 88 Bidwell Street (St.
Paul's United Church)
Eric Gilbert, Senior Planner, County of Oxford, provided an overview of
Report CP 2019-63, application for Zone Change ZN 7-18-14.
Opportunity was given for comments and questions from Council.
The applicant, David Morris, appeared before Council and spoke in favour
of the application.
No members of the public appeared before Council either in support of, or
opposition to, the application.
Council passed the following resolution.
Resolution # 6
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council approves the zone change application (ZN 7-18-
14) submitted by St. Paul's United Church, whereby the lands described
Page 10 of 141
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as Lots 888-890, Plan 500, Town of Tillsonburg, known municipally as 38
Ridout Street are to be rezoned from 'Central Commercial Zone (CC)' to
'Special Central Commercial Zone (CC-sp)' to permit a single detached
dwelling in an existing building.
Carried
8.3 Application for Zone Change - ZN 7-18-01 - Supplementary Report -
500 Broadway (Greg Vermeersch)
Eric Gilbert, Senior Planner, County of Oxford, provided an overview of
Report CP 2019-56, application for Zone Change ZN 7-18-01.
Opportunity was given for comments and questions from Council.
The applicant, Greg Vermeersch, appeared before Council and spoke in
favour of the application.
No members of the public appeared before Council in support of the
application.
The planner noted written submission from a resident, Robert Kloss, 81
Devonshire Ave, who was not in favour of the application. The
correspondence has been added to the record.
Jean Cook, 502 Broadway, appeared before Council in opposition to the
application.
Ms. Cook provided written comments and a petition.
Ms. Cook noted concerns about property maintenance in the yard of the
subject property, and the proposed addition to the existing dwelling
obstructing the view from her property. Ms. Cook also noted concerns
about the proposed apartments reducing the value of surrounding single
dwelling homes.
No other members of the public appeared before Council in opposition to
the application.
Resolution # 7
Moved By: Councillor Esseltine
Seconded By: Councillor Rosehart
THAT Council approves the zone change application (ZN 7-18-
01) submitted by Greg Vermeersch, whereby the lands described as Part
Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg, known
Page 11 of 141
5
municipally as 500 Broadway are to be rezoned from 'Low Density
Residential Type 1 Zone (R1)' to 'Special Low Density Residential Type 3
Zone (R3-15)' to permit the development of a multi-unit dwelling,
consisting of 3 dwelling units.
Carried
9. Planning Applications
10. Delegations
10.1 Sharon Howard, President, Tillsonburg Rowing Club
Sharon Howard, President of the Tillsonburg Rowing Club, and Angela
Newson, Vice President of the Tillsonburg Rowing Club, appeared before
Council to request that Council implement immediate temporary measures
to make the Summer Place building usable to the Tillsonburg Rowing Club
for the 2019 outdoor rowing season which runs until approximately
October.
Opportunity was given for comments and questions from Council.
Resolution # 8
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives the delegation from Sharon Howard, President,
Tillsonburg Rowing Club, as information.
Carried
11. Deputation(s) on Committee Reports
12. Information Items
12.1 Correspondence - City of Woodstock - Regional Government Reform
Opportunity was given for comments and questions from Council.
After the area CAO's have their first meeting the CAO will report back to
Council.
Resolution # 9
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
Page 12 of 141
6
THAT Council receives the correspondence from the City of Woodstock,
regarding Regional Government Reform, as information.
Carried
13. Staff Reports
13.1 Chief Administrative Officer
13.2 Clerk's Office
13.3 Development and Communication Services
13.3.1 DCS 19-03 - Highway 3 Business Park Naming - Survey
Results
Resolution # 10
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives Report DCS 19-03 - Highway 3 Business
Park Naming - Survey Results, as information.
Carried
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations
13.6.1 OPS 19-04 - Results for Tender RFT 2019-001 Asphalt Paving
Program
Resolution # 11
Moved By: Deputy Mayor Beres
Seconded By: Councillor Esseltine
THAT Council receives Report OPS 19-04 - Results for Tender
RFT 2019-001 Asphalt Paving Program;
AND THAT Council awards Tender RFT 2019-001 to Dufferin
Construction Company, A division of CRH Canada Group Inc. of
London, ON at a cost of $700,674.59 (net HST included), the
lowest bid received satisfying all Tender requirements.
Page 13 of 141
7
Carried
13.6.2 OPS 19-05 - Results for Tender RFT 2019-002 Concrete
Sidewalk and Curbing
Resolution # 12
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parker
THAT Council receives Report OPS 19-05 - Results for Tender
RFT 2019-002 Concrete Sidewalk and Curbing;
AND THAT Council awards Tender RFT 2019-002 to Dufferin
Construction Company, A division of CRH Canada Group Inc. of
London, ON at a cost of $289,489.29 (net HST included), the
lowest bid received satisfying all Tender requirements.
Carried
13.7 Recreation, Culture & Park Services
13.7.1 RCP 19-12 - Skate Shop Lease 2019-2024
Opportunity was given for comments and questions from Council.
The CAO confirmed that the current lease permits a transfer of the
lease if approved by the Town.
Resolution # 13
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT Council receives Report RCP 19-12 – Skate Shop Lease
2019-2024 for information;
AND THAT Council awards the lease for the Skate Shop in the
Tillsonburg Community Centre to Tillsonburg Skate Shop (Doug
Holman) for May 1, 2019 through April 30, 2024.
Carried
14. New Business
15. Consideration of Committee Minutes
Page 14 of 141
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15.1 Committee Minutes
Resolution # 14
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives the Airport Advisory Committee Minutes dated
February 21, 2019 as information.
Carried
16. Motions/Notice of Motions
16.1 Councillor Gilvesy - Council Staff Relations Policy
Item to appear as a Notice of Motion on the March 25, 2019 Council
agenda.
Resolution # 15
THAT the Council Staff Relations Policy be reviewed in April 2020.
16.2 Councillor Rosehart - Manager of Recreation Programs & Services
Position
Resolution # 16
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
THAT the Manager of Recreation Programs & Services position be
reviewed and not be filled at this time.
Defeated
16.3 Councillor Rosehart - Facility Attendant Position
Resolution # 17
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
THAT the Facility Attendant position be reviewed and not be filled at this
time.
Defeated
17. Resolutions/Resolutions Resulting from Closed Session
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18. By-Laws
18.1 By-Law 4271, To Amend Zoning By-Law 3295 (ZN 7-18-12)
18.2 By-Law 4272, To Amend Zoning By-Law 3295 (ZN 7-18-01)
18.3 By-Law 4279, To Amend Zoning By-Law 3295 (ZN 7-18-14)
Resolution # 18
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 4271, To Amend Zoning By-Law 3295 (ZN 7-18-12)
By-Law 4272, To Amend Zoning By-Law 3295 (ZN 7-18-01, Vermeersch);
and
By-Law 4279, To Amend Zoning By-Law 3295 (ZN 7-18-14, St. Paul's
United Church), 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
19. Confirm Proceedings By-law
Resolution # 19
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 4280, to Confirm the Proceedings of the Council Meeting held
on March 11, 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
20. Items of Public Interest
A reminder from the Fire Chief to check the batteries in your fire alarms and
carbon monoxide detectors.
The refrigeration for the outdoor recreation pad will be turned off at the end of
March break. Once the ice melts the pad will be prepped for spring/summer
function.
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21. Adjournment
Resolution # 20
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Council Meeting of Monday, March 11, 2019 be adjourned at 8:13 p.m.
Carried
Page 17 of 141
Community Planning
P. O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-421-4712
Web site: www.oxfordcounty.ca
Our File: A02-19
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: March 25, 2019
REPORT NUMBER: 2019-75
OWNER: Simon Wagler Homes
RR#4 Aylmer ON, N5H 2R3
REQUESTED VARIANCE:
1. Relief from Section 6.2, Lot Coverage, to increase the maximum permitted lot coverage
from 35% to 36%.
LOCATION:
The subject property is described as Lot 43, Plan 41M-145 in the Town of Tillsonburg. The
property is located on the south side of Trillium Drive, lying between Primrose Drive and Morning
Glory Drive, and is municipally known as 59 Trillium Drive, Tillsonburg.
BACKGROUND INFORMATION:
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:
Special Low Density Residential Type 1 Zone (R1-21)
SURROUNDING USES: Low density residential uses, consisting of single detached dwellings.
Page 18 of 141
File Number: A02-19 Report Number 2019-75
Page 2
COMMENTS:
(a) Purpose of the Application:
The applicant is requesting relief from the above-noted provision of the Town Zoning By-law to
facilitate the construction of single detached dwelling. Due to the design of the proposed dwelling,
which includes a covered porch, relief from the Zoning By-Law lot coverage provision is required.
The subject lands were rezoned in October 2018 to allow for an increase to lot coverage from
33% to 35% and a reduction to the minimum required rear yard depth from 12 m (39.3 ft) to 10.5
m (34.4 ft). The site specific ‘R1-21’ zone also allows for the encroachment of an attached garage
up to 1.5 m (4.9 ft) into a required front yard. The applicant has since recognized that an increase
to 36% coverage is necessary to facilitate the design of the proposed porch on the front of the
dwelling and has requested this variance to facilitate the proposed development.
The subject property comprises approximately 660.6 m2 (7,110.6 ft2) of area, with approximately
17.6 m (57.7 ft) of frontage on Trillium Drive and is currently vacant. A single detached dwelling
with a covered porch is proposed for the subject lands. Surrounding land uses are predominately
single detached dwellings.
Plate 1, Location Map with Existing Zoning and Parcel Lines, shows the location of the subject
property and the zoning in the immediate vicinity.
Plate 2, 2015 Aerial Photo, shows the location of the subject lands and surrounding properties.
Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the proposed single detached
dwelling.
(b) Agency Comments:
The application was circulated to a number of public agencies. No comments of concern were
received.
(c) Public Consultation:
Public Notice was mailed to surrounding property owners on March 15, 2019. As of the writing of
this report, no comments or concerns had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the County Official Plan.
Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low
density housing forms including single detached dwellings, duplexes and street fronting town
houses as well as accessory uses thereto. The use of the lands for a single detached dwelling
conforms to the ‘Low Density Residential’ policies of the Official Plan.
(e) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Special Low Density Residential - Type 1 Zone (R1-21)’, which
permits the development of single detached dwellings, and requires a minimum lot area of 480
m2 (5,166.8 ft2), a minimum lot frontage of 15 m (49.5 ft) and a minimum lot depth of 32 m (105
Page 19 of 141
File Number: A02-19 Report Number 2019-75
Page 3
ft). The site specific provisions of the ‘R1-21’ zone also permit a maximum cumulative lot
coverage of 35% (including accessory buildings and structures), a minimum rear yard depth of
10.5 m (34.43 ft) and an encroachment of 1.5 m (4.9 ft) for attached garages into a required front
yard. These site specific provisions were implemented in October 2018 and apply to several
properties in the vicinity of the subject lands.
The applicant is seeking relief of the 35% lot coverage provision to construct a covered porch on
the proposed single detached dwelling. The purpose of the lot coverage provision is to limit the
extent of buildings/structures on a lot to ensure sufficient area is maintained for parking and
private amenity area as well as ensuring the general lot grading for the overall subdivision and
the individual lot are not negatively impacted. The lot coverage provision is also intended to
ensure that the general scale of development is consistent and appropriate for the size of the lot.
In this case, it is not anticipated that the minor increase in lot coverage will have a negative impact
on lot grading or drainage. A preliminary lot grading plan will be reviewed as part of the building
permit process to ensure the proposal will have no negative impacts on neighbouring properties.
(f) Desirable Development/Use:
It is the opinion of this Office that the applicant’s request can be considered minor and desirable
for the development of the subject property.
As the proposed relief is not anticipated to impact the ability of the property to provide adequate
parking and amenity space, or negatively impact drainage, the requested relief can be considered
minor. Sufficient separation width will also be provided from property lines to allow for normal
building maintenance and access to the rear yard, and the applicant’s request can also be
considered desirable as it will facilitate the construction of a single detached dwelling that is
consistent with the existing development in the area.
In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with
the general intent and purpose of the Official Plan and Town Zoning By-law and should be given
favourable consideration.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A02-19,
submitted by Simon Wagler Homes, for lands described as Lot 43, Plan 41M-145, Town of
Tillsonburg, as it relates to:
1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted
lot coverage of an ‘R1-21’ zoned lot from 35% to 36% of the lot area;
Subject to the following condition:
i. a building permit for the proposed dwelling shall be issued within one year of the date
of the Committee’s decision;
As the proposed variance is:
(i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
Page 20 of 141
File Number: A02-19 Report Number 2019-75
Page 4
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: Heather St. Clair, MCIP, RPP, Development Planner
Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner
Page 21 of 141
File Number: A02-19 Report Number 2019-75
Page 5
Report Approval Details
Document Title: A02-19_rpt.docx
Attachments: - Report Attachments.pdf
- a02-19t_appl-20190221.pdf
- a02-19t_appl-sketch-20190221.pdf
Final Approval Date: Mar 12, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Mar 12, 2019 - 10:12 AM
Page 22 of 141
March 11, 2019
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
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
Plate 1: Location Map with Existing Zoning and Parcel Lines
File No.: A02-19, Simon Wagler Homes
Lot 43, Plan 41M-145, 59 Trillium Drive, Tillsonburg
Subject
Property
Page 23 of 141
March 11, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
260
Notes
NAD_1983_UTM_Zone_17N
13 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
Plate 2: Aerial Photo
File No.: A02-19, Simon Wagler Homes
Lot 43, Plan 41M-145, 59 Trillium Drive, Tillsonburg
Subject
Property
Trillium Drive
Page 24 of 141
Plate 3: Applicant's Sketch
File No.: A02-19, Simon Wagler Homes
Lot 43, Plan 41M-145, 59 Trillium Drive, Tillsonburg
Page 25 of 141
A02-19
59
jacobwagler@gmail.com
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Page 27 of 141
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Page 1 of 8
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Application for Zone Change & Deeming By-Law
ZN 7-19-02 – Erica Patenaude
REPORT HIGHLIGHTS
The application for zone change proposes to rezone two lots from ‘Low Density Residential
Type 1A Holding Zone (R1A-H)’ & ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special
Low Density Residential Type 1A Zone (R1A-sp)’ to facilitate the construction of a single
detached dwelling on a single lot.
The applicant proposes to merge the two lots together to create a residential building lot,
which requires that Town Council pass a Deeming By-Law, deeming the lots to not be within
a registered plan of subdivision. By deeming the lands to no longer be part of a registered
plan of subdivision, the lands will merge and one enlarged residential building lot will remain.
Planning staff are supportive of the proposal, as it is consistent with the policy direction of the
Provincial Policy Statement and Official Plan respecting low density residential uses and
efficient use of underutilized land within a serviced settlement area.
DISCUSSION
Background
OWNER: Erica Patenaude
90 Denrich Avenue, Tillsonburg ON, N4G 4X7
LOCATION:
The subject lands are described as Block 47, Plan 41M-241 & Block A, Plan M60, in the Town of
Tillsonburg. The subject lands are located on the southwest corner of Sanders Crescent and
Denrich Avenue, and are municipally known as 74 Sanders Crescent.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule “T-1”
Schedule “T-2”
Town of Tillsonburg
Land Use Plan
Town of Tillsonburg
Residential Density Plan
Residential
Low Density Residential
Page 32 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 2 of 8
TOWN OF TILLSONBURG ZONING BY-LAW NO.3295:
Existing Zoning: Low Density Residential Type 1 Zone (R1)
Low Density Residential Type 1A Holding Zone (R1A-H)
Proposed Zoning: Special Low Density Residential Type 1A Zone (R1A-sp)
PROPOSAL:
The application for Zone Change proposes to rezone the lands to “Special Low Density
Residential Type 1A Zone (R1A-sp”) to facilitate the construction of a single detached dwelling
with a reduced minimum exterior side yard width of 6 m (19.6 ft).
The subject lands currently comprise 2 blocks within registered plans of subdivision that are
proposed to be merged together to provide a single building lot for a single detached dwelling with
a reduced exterior side yard. The two existing blocks are remnant parcels from the development
of the first phase of Victoria Woods (32T-06005), registered in 2007 & the third phase of the
Trottier Subdivision, registered in 1977 as Plan M60.
The effect of this requested amendment and deeming by-law will be to ensure the two parcels will
merge together and will be wholly contained within a single zoning category.
The subject properties consist of two lots, with a total area of 1,376.4 m2 (14,815.5 ft2), fronting
on Denrich Avenue and Sanders Crescent. The subject lands are currently vacant. Surrounding
land uses are low density residential uses, consisting of single detached dwellings.
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the
existing zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map with Existing Zoning, provides an aerial view of the subject property.
Plate 3, Applicant’s Sketch, provides a site plan of the subject lands and the location of the
proposed single detached dwelling, as submitted by the applicant.
Application Review
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.
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.
Page 33 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 3 of 8
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.
The policies of Section 8.2.4.1 (Infill Housing) indicate that in order to efficiently utilize the
designated residential land and municipal servicing infrastructure, infill housing will be supported
in Low Density Residential Areas. The County Land Division Committee and Town Council will
ensure that proposals for infill development are consistent with policies contained in Section
8.2.4.1.1 and 8.2.4.1.4.
Page 34 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 4 of 8
Official Plan policies respecting Street Oriented Infill permit new residential housing into an
established streetscape pattern only if the proposal is deemed to be consistent with the
characteristics of existing development on both sides of the street. The policies also require that
the proposal is consistent with street frontage, setbacks and spacing of existing development
within a two block area on the same street.
In addition, all infill proposals are subject to the following criteria:
the location of vehicular access points, the likely impact of traffic generated by the proposal
on Town streets and potential traffic impacts on pedestrian and vehicular safety and
surrounding properties is acceptable;
existing municipal services and public facilities will be adequate to accommodate the
proposed infill project;
stormwater run-off from the proposal will be adequately controlled and will not negatively
affect adjacent properties;
adequate off-street parking and outdoor amenity areas will be provided;
the extent to which the proposed development provides for the retention of any desirable
vegetation or natural features that contribute to the visual character of the surrounding area;
the effect of the proposed development on environmental resources and the effects of
environmental constraints on the proposed development will be addressed and mitigated;
consideration of the potential effect of the development on natural and heritage resources
and their settings;
compliance of the proposed development with the provisions of the Zoning By-Law of the
Town and other municipal by-laws.
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject properties are currently zoned ‘Low Density Residential Type 1 Zone (R1)’ & ‘Low
Density Residential Type 1A Holding Zone (R1A-H)’ in the Town Zoning By-law. Permitted uses
in the ‘R1’ & ‘R1A’ zone include a single detached dwelling and home occupation.
The Holding provision was placed on Block 47 of Registered Plan 41M-241 to ensure that
adequate water allocation existed prior to the development of the lot.
Section 6.2 (Low Density Residential – Type 1 Zone) provides that single detached dwellings on
a corner lot require a minimum lot area of 608 m2 (6,544.7 ft2), as well as a minimum lot frontage
of 19 m (62.3 ft) for a corner lot, and a minimum lot depth of 32 m (105 ft). This section also
provides that single detached dwellings require a minimum front yard depth and exterior side yard
width of 7.5 m (24.6 ft) or 6 m (19.7 ft) for a lot created after the passing of the By-law.
Section 6.2 (Low Density Residential – Type 1A Zone) provides that single detached dwellings
on a corner lot require a minimum lot area of 480 m2 (5,166.8 ft2), as well as a minimum lot
frontage of 16 m (52.5 ft) for a corner lot, and a minimum lot depth of 30 m (98.4 ft). This section
also provides that single detached dwellings require a minimum front yard depth and exterior side
yard width of 7.5 m (24.6 ft) or 6 m (19.7 ft) for a lot created after the passing of the By-law.
The applicant is proposing to rezone the properties to R1A-sp to ensure that the lands, once
merged, are wholly contained within one zone and to permit a reduced exterior side yard of 6 m
(19.6 ft).
Page 35 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 5 of 8
The purpose of the exterior side yard provisions are to ensure appropriate sight lines for vehicles
and pedestrians travelling along public right of ways are maintained, particularly near the
intersection of streets.
AGENCY COMMENTS:
The application was circulated to various public agencies considered to have an interest in the
proposal.
No adverse comments were received through the agency circulation process.
PUBLIC CONSULTATION:
Notice of complete application and notice of public meeting regarding this application were
circulated to surrounding property owners on February 27, 2019 and March 11, 2019, in
accordance with the Planning Act. To date, no comments of concern have been received from
the public.
Planning Analysis
The application for rezoning & deeming by-law has been requested to facilitate the construction
of a single detached dwelling with a reduced exterior side yard width, on two existing lots that are
proposed to be merged, resulting in a single building lot that is of a size and shape consistent with
surrounding lots.
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 underutilized lands, municipal services and infrastructure
within a designated settlement area.
The use of the lands for a single detached dwelling is consistent with the Official Plan policies
respecting low density residential development. With regard to the relevant Official Plan policies
for Low Density Residential areas, an analysis of the existing characteristics of residential
development within the immediate area was completed by Planning staff. For street-oriented infill
development, the policies of Section 8.2.4.1.1 permit such development where the proposal is
deemed to be consistent with the characteristics of existing development on both sides of the
same street, and is consistent with street frontage, setbacks and spacing of existing development
within a two-block area on the same street.
The subject lands are located in an area characterized by low density residential development,
created through a number of plans of subdivision. Lands to the west and north are within the
Victoria Woods subdivision which was registered in 2007. Lots within this plan are characterized
by a variety of lot sizes and shapes with single detached dwellings and street fronting townhouses.
Lands to the south and east are within Plan M60, registered in 1977 and are characterized by
slightly more generous lot frontages. The resulting enlarged lot will be consistent with the
characteristics of other existing lots in the vicinity.
The proposal will also comply with the other review criteria for infill proposals as adequate
municipal services are present to accommodate the proposal (services were installed in 2007 on
Sanders Crescent), the resulting enlarged lot is of a sufficient size that adequate off-street parking
and outdoor amenity areas are provided, and any drainage or stormwater impacts to surrounding
Page 36 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 6 of 8
properties will be reviewed and assessed through the preparation detailed lot grading plans upon
building permit submission.
The requested reduced exterior side yard width of 6 m (19.6 ft) in lieu of the required 7.5 m (24.6
ft) is not expected to impact any sightlines and sufficient amenity space and separation between
the proposed dwelling and street will remain. Further, the proposed exterior side yard will provide
for sufficient setback from the travelled portion of the street to allow for ongoing road maintenance
(e.g. snow removal).
The applicant purchased both properties in 2018 and they are in identical ownership. However,
due to the provisions of Section 50 of the Planning Act commonly referred to ‘once a lot, always
a lot’, the parcels cannot legally merge as they are whole blocks within a registered plan of
subdivision.
Under Section 50(4) of the Planning Act, R.S.O., 1990, the Council of a local municipality may by
by-law designate any part of a plan of subdivision that has been registered for eight years or more
to be deemed to no longer be registered as part of that plan of subdivision. This negates the ‘once
a lot, always a lot’ provisions and once a deeming by-law is passed, the abutting properties held
in identical ownership will automatically merge.
It is recommended that Town Council approve the requested zoning amendment and adopt the
recommended deeming by-law to ensure that these properties will merge to provide a suitable
building lot for the construction of a single detached dwelling, as proposed by the applicant.
Page 37 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 7 of 8
RECOMMENDATIONS
1. It is recommended that the Council of the Town of Tillsonburg approve the zone
change application submitted by Erica Patenaude, whereby the lands described as
Block 47, Plan 41M-241 & Block A, Plan M60, Town of Tillsonburg, known municipally
as 74 Sanders Crescent are to be rezoned from ‘Low Density Residential Type 1 Zone
(R1)’ & ‘Low Density Residential Type 1A Holding Zone (R1A-H)’ to ‘Special Low
Density Residential Type 1 A Zone (R1A-sp)’ to permit a single detached dwelling
with a reduced exterior side yard width; and further,
2. It is recommended that the Council of the Town of Tillsonburg approve the request
to enact a deeming by-law, to deem lands known as Block 47, Plan 41M-241 & Block
A, Plan M60, Town of Tillsonburg to not be within a registered plan of subdivision, to
merge the lands to provide a single residential building lot.
SIGNATURES
Authored by: “original signed by” Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission: “original signed by” Gordon Hough, RPP
Director
Page 38 of 141
Report No: CP 2019-83
COMMUNITY PLANNING
Council Date: March 25, 2019
Page 8 of 8
Report Approval Details
Document Title: 7-19-02_ Report.docx
Attachments: - Report Attachments.pdf
- 7-19-02_appl-20190207.pdf
- 7-19-02_appl-sketch-20190207.pdf
Final Approval Date: Mar 14, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Mar 14, 2019 - 8:49 AM
Page 39 of 141
February 20, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
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
Lands
Plate 1: Location Map with Existing Zoning
File No: ZN 7-19-02: Erica Patenaude
Block A, Plan M60, Block 47, Plan 41M-241, 74 Sanders Street, Town of Tillsonburg
Page 40 of 141
February 20, 2019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
260
Notes
NAD_1983_UTM_Zone_17N
13 Meters
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)
Plate 2: 2015 Aerial Map with Existing Zoning
File No: ZN 7-19-02: Erica Patenaude
Block A, Plan M60, Block 47, Plan 41M-241, 74 Sanders Street, Town of Tillsonburg
Page 41 of 141
Plate 3: Applicant's Sketch
File No: ZN 7-19-02: Erica Patenaude
Block A, Plan M60, Block 47, Plan 41M-241, 74 Sanders Street, Town of Tillsonburg
Page 42 of 141
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Page 46 of 141
Page 47 of 141
www.oxfordcounty.ca
Public Works
21 Reeve Street
PO Box 1614
Woodstock ON N4S 7Y3
Tel 519-539-9800 | Fax 519-421-4711
MEMO
DATE: Wednesday, February 13, 2019
FROM: David Simpson, Director of Public Works
TO: Oxford County Striking Committee
CC: Cassandra Banting, Coordinator of Source Protection Program
Deborah Goudreau, Manager of Water and Wastewater Services
Peter Crockett, CAO
Chloe Senior, Clerk
RE: Lake Erie Region Source Protection Committee Municipal Member Nomination
Howard Cornell was appointed in 2007 as a municipal member of the Lake Erie Region Source
Protection Committee (Committee) to represent Oxford County, the Township of East Zorra-
Tavistock, the Township of Blandford-Blenheim, the Township of Norwich, the City of
Woodstock, the Township of Southwest Oxford, the Town of Tillsonburg, Perth County, the
Municipality of North Perth and the Township of Perth East, all of which have jurisdiction within
the Lake Erie Source Protection Region. This Committee oversees work in 3 watersheds in
Oxford County: Catfish Creek, Grand River and Long Point Region. During the initial selection
for the Committee member representation, Oxford County and its Area Municipalities, along with
Perth County were asked to put forward names from interested members of Council or
members of the public.
Based on this interest at the time, Oxford County Council (the municipal drinking water system
purveyor) voted on the candidate selection and nominated Howard Cornell as a single
representative. The candidate selection was also supported and endorsed by Perth County
Council.
In May 2018, Howard Cornwell indicated his intent to resign from the Committee resulting in the
vacancy of a municipal member representative on the Committee. Accordingly, it is
recommended that Oxford County confer with Perth County, and the respective area
municipalities and pass Council resolutions naming a jointly selected Committee member
representative replacement.
Page 48 of 141
www.oxfordcounty.ca
With approvals of the Grand River, Catfish Creek and Long Point Source Protection Plans
(Plans), the role of the Committee has shifted from initial plan development into a monitoring
phase. The Committee is now primarily focused on monitoring Plan implementation efforts,
preparation of annual reports for the Source Protection Regions, and preparing amendments to
the Plans and Assessment Reports. As such, many municipalities are recommending internal
technical staff, such as Risk Management Officials, for member appointment to the Source
Protection Committees. The Risk Management Officials have undertaken a significant role in
the Plans’ policy development, including the long term vision and responsibilities pertaining to
their implementation and monitoring.
Accordingly, staff are recommending that Oxford County’s Coordinator of Source Protection
(Risk Management Official and Inspector) be nominated as the municipal representative for the
Committee to fill the vacancy left by the previous member resignation. In this regard, staff are
seeking endorsement by the Oxford County Striking Committee to nominate Oxford
County’s Coordinator of Source Protection for appointment to the Lake Erie Source
Protection Committee.
Discussions with Perth County have indicated that they will support an Oxford County staff
member nomination to the Committee and will pass the necessary resolution from Perth County
Council. In addition, Oxford County has also recently notified the Area Municipality CAO’s to
determine if they have any interest in the selection of the Committee member replacement.
It is the preference of the Committee that all respective Councils with jurisdiction in the Lake
Erie Source Protection Region (refer to first paragraph) pass resolutions to support the
nomination by March 14, 2019. The decision to name the Committee representative
replacement should be sent to the Lake Erie Source Protection Region to ensure the new
municipal member representative can be appointed in time for the April 4, 2019 Lake Erie
Region Source Protection Committee meeting. Failing that timing, the Committee may
postpone the appointment until their June 20, 2019 meeting.
Page 49 of 141
CHLOÉ J. SENIOR, CLERK
21 Reeve Street, PO Box 1614
Woodstock, ON N4S 7Y3
519.539.9800, ext. 3001 1.800.755.0394
oxfordcounty.ca
March 1, 2019
Martin Keller
Source Protection Program Manager
Lake Erie Source Protection Region
c/O Grand River Conservation Authority
400 Clyde Road, Box 729
Cambridge, ON N1R 5W6
MKELLER@GRANDRIVER.CA
Please be advised that Oxford County Council, at its meeting held on February 27, 2019, adopted
the following recommendations contained in Report No. WDN (CS) 2019-02:
“…that the Coordinator of Source Protection (Risk Management Official and
Inspector) for the County of Oxford be nominated for appointment to the Lake
Erie Region Source Protection Committee;
and further, that a supporting resolution be sought from each of the
respective Oxford County Area Municipalities within the Lake Erie Region
Source Protection area of jurisdiction along with Perth County, the
Municipality of North Perth and the Township of Perth East”.
Sincerely,
Chloé J. Senior
Clerk
cc: P. Crockett, CAO, County of Oxford
D. Goudreau, Manager of Water Services
G. Hough, Director of Community Planning
D. Simpson, Director of Public Works
Clerk, Perth County
Clerk, Municipality of North Perth
Clerk, Township of Perth East
Clerk, Township of Blandford-Blenheim
Clerk, Township of East Zorra-Tavistock
Clerk, Township of Norwich
Clerk, Township of South-West Oxford
Clerk, Town of Tillsonburg
Clerk, City of Woodstock
Page 50 of 141
Page 51 of 141
Report Title UPDATE –CAO Performance Appraisal
Report No. MYR 19-05
Author Mayor Molnar (Review Committee)
Meeting Type COUNCIL MEETING
Council Date MARCH 25, 2019
Attachments
Page 1 / 2 UPDATE –CAO Performance Appraisal
RECOMMENDATION
THAT Council receives Report MYR 19-05;
AND THAT Council endorses the recommendations for the identified Goals and Objectives
and recommended Remuneration;
AND THAT the work of the Review Committee be considered complete and that the
Committee be disbanded.
EXECUTIVE SUMMARY
The purpose of this report is to provide updated information regarding the CAO
Performance Evaluation Process as approved by Council.
As directed by Council Resolution (Report MYR 19-01) of January 24, 2019, a CAO
Performance Review Committee was established. Composition of this Committee included
Mayor Molnar, Councillor Esseltine and Councillor Rosehart.
The Committee has met on numerous occasions and in consultation with all members of
Council have collectively prepared this report and its’ accompanying recommendation for
review and consideration.
BACKGROUND
The recommended process, as agreed to by the Committee, is as follows;
Review the Objectives (and themes) as communicated by the CAO in 2018.
Review the performance of the CAO in 2018 in relation to Council direction and CAO
initiatives.
In conjunction with the CAO and with input from Council members, the Committee
will develop Goals and Objectives for 2019.
Page 52 of 141
Page 2 / 2 CAO
Establish the measurement criteria for the defined Goals and Objectives for 2018.
The Committee has tabulated the results of the responses from individual Council
members and prepared a supplemental report highlighting the following;
o Summary sheet illustrating a tabulated summary of Council input.
o Identification of Committee consensus on Council directed 2019 Goals and
Objectives for the CAO.
In consideration of all the information collected and reviewed, the Committee is
pleased to recommend to Council the following;
o Recommendation to Council regarding the 2019 Goals and Objectives;
o Recommendation(s) for CAO compensation on a yearly basis.
FINANCIAL IMPACT/FUNDING SOURCE
Any financial impact from the direction of Council has been considered and included in the 2019
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
COUNCIL DIRECTION
Supplemental to the earlier input from individual Council members, the Committee has met
to review and tabulate the information. The material in this report, and the subsequent
recommendations, is an attempt for the Committee to present a substantive report
representative of the consensus of individual Council input.
Subsequent to any adoption by Council, the entire report will be introduced to the CAO’s
employee file and all recommendations adopted shall be implemented.
Page 53 of 141
Report Title Committees of Council Additional Appointments
Report No. CLK 19-08
Author Amelia Jaggard, Legislative Services Coordinator
Meeting Type Council Meeting
Council Date March 25, 2019
Attachments By-Law 4281 Schedule A
Page 1 / 3 1629133633,,,CLK 19-08 Committees of Council Additional Appointments
RECOMMENDATION
THAT Council receives Report CLK 19-08 Committees of Council Additional Appointments;
AND THAT By-Law 4281 to amend Schedule A of By-Law 4247, be brought forward for Council
consideration.
BACKGROUND
Council will recall that at the January 14, 2019 Council meeting Council passed By-Law 4247, to
define the mandate and membership for committees established by the Corporation of the Town
of Tillsonburg. At that meeting it was identified that more applications were required to fill
vacancies on the Accessibility Advisory Committee, the Cultural, Heritage and Special Awards
Advisory Committee, the Museum Advisory Committee and the Tillsonburg Transit Advisory
Committee.
During the months of January, February and March of 2019 an ad went in the Tillsonburg
Update section of the Tillsonburg News regarding applications to the above noted committees of
Council, including the Recreation and Sports Advisory Committee, which have vacancies. The
notice was also posted on the Town website.
At the February 28, 2019 Council meeting Council passed By-Law 4276 to amend Schedule A of
By-Law 4247.
DISCUSSION
The Clerk’s Office received notice from Ashton Nembhard and Craig Cole that they did not wish
to accept their appointments to the Recreation and Sports Advisory Committee. Neither
individuals attended a meeting of the Recreation and Sports Advisory Committee. Their names
have been removed from By-Law 4247 Schedule A.
The attached By-Law 4281 Schedule A includes the recommended additional appointments.
These recommendations and a by-law to appoint the members will be brought before Council for
consideration.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
Page 54 of 141
Page 2 / 3 CAO
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Section 1 – Excellence in Local Government – providing for citizen engagement for municipal
initiatives.
Page 55 of 141
Page 3 / 3 CAO
Report Approval Details
Document Title: CLK 19-08 Committees of Council Additional Appointments.docx
Attachments: - By-Law 4281.docx
- By-Law 4281 Schedule A.docx
Final Approval Date: Mar 15, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Mar 15, 2019 - 2:06 PM
Page 56 of 141
Report Title Appointments to the Property Standards Committee
Report No. CLK 19-09
Author Amelia Jaggard, Legislative Services Coordinator
Meeting Type Council Meeting
Council Date March 25, 2019
Attachments
Page 1 / 3 16293053124,,,CLK 19-09 Appointments to the Property Standards Committee to the Property Standards Committee
RECOMMENDATION
THAT Council receives Report CLK 19-09 Appointments to the Property Standards Committee;
AND THAT By-Law 4282 to establish and appoint members to the Property Standards Committee by The
Corporation of The Town of Tillsonburg, be brought forward for Council consideration.
BACKGROUND
Section 7 of By-Law 3638, for prescribing standards for the maintenance and occupancy of
property within the Town of Tillsonburg, provides for the establishment of a Property Standards
Committee.
The Property Standards Committee is established in accordance with Section 15.6(1) of the
Building Code Act, S.O. 1992, c.23. The role of the Property Standards Committee is to hear
appeals from property owners who have had a Property Standards Order issued to them in
regards to violations pertaining to the Town of Tillsonburg Property Standards By-Law 3638.
When an appeal is filed, the Committee will hear the appeal and has the authority to confirm,
rescind, extend and modify the terms of an Order.
In 2015 Council passed By-Law 3959 to appoint members to the Property Standards Committee
for a three year term that expired on December 31, 2018. Doug Shwaluk and Paul Gyozo put
forth their names for reappointment.
In March of 2019 an ad went in the Tillsonburg Update section of the Tillsonburg News regarding
applications to the Property Standards Committee. The notice was also posted on the Town
website.
DISCUSSION
Staff recommend that Council appoint Doug Shwaluk, Paul Gyozo and David Keast to the
Property Standards Committee for a three year term.
This recommendation and a by-law to appoint the members will be brought before Council for
consideration.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
Page 57 of 141
Page 2 / 3 CAO
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Section 1 – Excellence in Local Government – providing for citizen engagement for municipal
initiatives.
Page 58 of 141
Page 3 / 3 CAO
Report Approval Details
Document Title: CLK 19-09 Appointments to the Property Standards
Committee.docx
Attachments: - By-Law 4282.docx
Final Approval Date: Mar 18, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Mar 18, 2019 - 12:24 PM
Page 59 of 141
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4282
A BY-LAW To establish and appoint members to the Property Standards
Committee by The Corporation of The Town of Tillsonburg.
WHEREAS the Property Standards Committee is established in accordance with
Section 15.6(1) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS The Town of Tillsonburg is desirous of establishing and appointing
members to the Property Standards Committee in accordance with Section 7 of By-Law
3638, for Prescribing Standards for the Maintenance and Occupancy of Property within
the Town of Tillsonburg.
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Town of Tillsonburg enacts as follows:
1. THAT the Property Standards Committee is hereby established;
2. THAT Doug Shwaluk, Paul Gyozo and David Keast, named herein, shall form the
Town of Tillsonburg Property Standards Committee for a three year term. Such
term shall expire on December 31, 2021 or until such time as the committee
members have been appointed for the next term;
3. THAT all members appointed hereby shall hold office at the pleasure of Council,
and the provisions of The Municipal Conflict of Interest Act, RSO. 1990, shall
apply;
4. THAT this committee shall adhere to the policies contained in the Town of
Tillsonburg Policy for Boards and Committees;
5. THAT By-Law 3959 is hereby repealed;
6. THAT this by-law comes into full force and effect upon the day of passing.
READ A FIRST AND SECOND TIME THIS 25th day of MARCH, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MARCH, 2019.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Donna Wilson
Page 60 of 141
Report Title 2018 Remuneration and Expenses
Report No. FIN 19-06
Author Sheena Pawliwec, CPA, CGA
Meeting Type Council Meeting
Council Date MARCH 25, 2019
Attachments 2018 Remuneration and Expenses
Page 1 / 2 2018 Remuneration and Expenses
RECOMMENDATION
THAT FIN19-06 2018 Remuneration and Expenses be received as information.
EXECUTIVE SUMMARY
Section 284 of the Municipal Act, 2001, S.O. 2001, requires that the Treasurer of a municipality
shall, on or before March 31 of each year, provide to the Council of the municipality an itemized
statement of the remuneration and expenses paid in the previous year to:
Each member of Council in respect of his or her services as a member of the Council or
any other body, including a local board, to which the member has been appointed by
Council or on which the member holds office by virtue of being a member of Council;
Each member of Council in respect of his or her services as an officer or employee of the
municipality or other body; and
Each person, other than a member of Council, appointed by the municipality to serve as
a member of any body, including a local board, in respect of his or her services as a
member of the body.
Although there are other members of the Police Services Board, since they are Provincial
appointees, their remuneration and expenses are not reported under the Municipal Act.
FINANCIAL IMPACT/FUNDING SOURCE
The attached document summarizes the remuneration, conference, seminar and expenses paid
to Councillors for 2018 of $144,623.12 (2017 - $159,419.82).
Page 61 of 141
Page 2 / 2 2016 Fourth Quarter Finance Department Results
Report Approval Details
Document Title: FIN 19-06 2018 Remuneration and Expenses.docx
Attachments: - FIN 19-06 2018 Council Board Remuneration.pdf
Final Approval Date: Mar 19, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Mar 19, 2019 - 9:34 AM
Page 62 of 141
REMUNERATION & EXPENSE REPORT ANALYSISFor the Year Ended December 31, 2018POLICEMEETINGSERVICES HYDROEXPENSESREMUNERATION PER DIEM BOARD BOARD PAID TOTAL*Mayor Molnar $33,669.71 $260.00 $3,715.29 $10,183.78 $47,828.78Deputy Mayor Beres $14,222.59 $750.00 $7,264.36 $5,858.01 $28,094.96Councillor Esseltine $12,948.46 $130.00$90.65 $13,169.11Councillor Rosehart $12,948.46 $390.00 $4,053.04 $1,306.32 $18,697.82Councillor Adams $11,926.71$11,926.71Councillor Hayes $11,926.71$107.35 $12,034.06Councillor Stephenson $7,771.31$2,035.12 $9,806.43Councillor Gilvesy $1,021.75$1,021.75Councillor Luciani $1,021.75$1,021.75Councillor Parker $1,021.75$1,021.75$108,479.20 $1,530.00 $7,768.33 $7,264.36 $19,581.23$144,623.12* Authorized under By-Law # 3932Page 63 of 141
Report Title Plotter Replacements
Report No. FIN 19-07
Author Dave Rushton, CPA, CMA
Meeting Type Council Meeting
Council Date March 25, 2019
Attachments
Page 1 / 3 Plotter Replacements
RECOMMENDATION
THAT FIN19-07 Plotter Replacements be received as information,
And That two plotter/scanners be purchased by the IT department to replace failing units not
included in the 2019 Budget,
And Further that the funding for these units comes from the IT Reserve and the Asset
Management Reserve ($11,072) using unutilized funds from the purchase of survey equipment.
EXECUTIVE SUMMARY
After the finalization of the budget a failure of one of our plotters that prints large format
documents and drawings for Hydro Operations and Building has failed and needs replacing. A
review of another plotter purchased used from Siemens in 2017 also needs replacement soon.
It is recommended that both units be replaced at this time.
BACKGROUND
The plotter and scanner in the Customer Service Centre used by the Hydro Operations
Department and the Building Department is ten years old with an expected life of 7 years. With
changes to the Building Department’s software they will be able to scan all drawings that are
submitted with permits. Hydro Operations require a unit that has a monitor attached to allow for
reviewing prints before printing. The best unit that fills the need of the Hydro Operation and
Building Department has been determined to be a Cannon TM305MFP-T36 at a cost of $11,072
including net taxes. The unit for the Engineering Department is an HP Designjet T2530ps (2 roll)
Plotter Scanner for $10,613.15 net of taxes and after a $2000 rebate. This unit can also be
used by the Communications team for production of posters and banners.
The plotter in the Engineering Department was purchased used from Siemens in 2017 and does
not have a scanner. The unit has required frequent servicing and is using excess paper. The
Engineering Department would also like to save the Town’s collections of designs and drawings
of our infrastructure electronically and needs the scanner.
Consultation has taken place with staff from the four impacted departments to determine their
needs and with two vendors to acquire the best competitive price.
Page 64 of 141
Page 2 / 3 CAO
FINANCIAL IMPACT/FUNDING SOURCE
The unit for Engineering will be financed from funds approved in the 2019 Budget and not
utilized for the purchase of survey equipment. These funds stay in the Asset Management Fund
to be used for other capital purchases. The other unit for Hydro Operations and Building is
funded from the IT Reserve which is funded through the recovery of the equipment costs with
monthly charges to the operating budgets of the departments using the equipment.
These two units will be added to the IT charge assessed to each department to recover the
monies need to replace these units in seven years. There will be no change to the Town’s
taxation requirements approved in the 2019 budget as both items are being purchased from
Reserves.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate accountability
Page 65 of 141
Page 3 / 3 CAO
Report Approval Details
Document Title: Plotter Replacements.docx
Attachments:
Final Approval Date: Mar 20, 2019
This report and all of its attachments were approved and signed as outlined below:
David Calder - Mar 20, 2019 - 8:52 AM
Page 66 of 141
Report Title Results for RFP 2019-002 Survey Equipment
Report No. OPS 19-06
Author Shayne Reitsma, Manager of Engineering
Meeting Type Council Meeting
Council Date March 25, 2019
Attachments None
Page 1 / 3
RECOMMENDATION
THAT Council receive Report OPS 19-06 Results for RFP 2019-002 Survey Equipment;
AND THAT Council award RFP 2019-002 to Cansel of Richmond Hill, ON at a cost of
$36,012.87 (net HST included), the highest scoring proposal received.
SUMMARY
In accordance with the 2019 Operations Business Plan a Request for Proposal (RFP) was
issued to acquire the necessary equipment to conduct topographical surveys for detailed road
reconstructions and other various municipal designs as needed. The survey equipment will also
provide an enhanced level of records management for Town assets within the road corridor.
The RFP was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and
on Biddingo with a total of three (3) proposals received on March 4th 2019. Town staff reviewed
and scored the proposals based on the scoring matrix that was included in the RFP. The
scoring matrix is as follows:
Corporate Qualifications and Experience 20 pts
Proposed Solution 25 pts
Maintenance Training and Support 20 pts
Schedule and Work Plan 10 pts
Proposed Fee (firm for 60 days) 25 pts
Total Score 100 pts
The proposed fees of all qualified proposals received ranged from $57,026.25 to $92,342.12
however some bidders provided various discounts that reduced the total price range to
$36,012.87 to $75,654.13 (net HST included). The scoring results from the Evaluation
Committee are summarized in the table below:
Proponent Total Score
1. Cansel 91
2. Leica Geosystems 83
3. GeoShack 74
Page 67 of 141
Page 2 / 3
Cansel was the highest scoring proposal submitted, provides the lowest price bid and have
strong background and experience relative to the entire scope of work for this assignment. In
addition Cansel provided the shortest delivery time which will allow this equipment to be in place
prior to the 2019 construction season. Therefore, it is staff’s recommendation that Cansel be
retained for this equipment.
CONSULTATION/COMMUNICATION
The Evaluation Committee comprised of the Manager of Engineering, Senior Operations
Technologist and Operations Technologist assembled to evaluate received proposals.
FINANCIAL IMPACT/FUNDING SOURCE
The recommended proponent’s fee of $36,012.87 (net HST included) to complete the scope of
work for this assignment is within the 2019 approved Capital Budget of $50,000 from Taxation.
COMMUNITY STRATEGIC PLAN
This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan by
ensuring good stewardship through proper asset management and well-planned, well-built and
well-maintained infrastructure.
Page 68 of 141
Page 3 / 3
Report Approval Details
Document Title: OPS 19-06 Results for RFP 2019-002 Survey Equipment.docx
Attachments:
Final Approval Date: Mar 20, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Mar 19, 2019 - 9:35 AM
David Calder - Mar 19, 2019 - 11:52 AM
No Signature - Task assigned to Donna Wilson was completed by assistant Lana White
Donna Wilson - Mar 20, 2019 - 11:18 AM
Page 69 of 141
Report Title Cogeneration Turbines Factory Protection Plan
Report No. RCP 19-13
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date March 25, 2019
Attachments Service Contract Review
WHESC Factory Protection Plans
Page 1 / 4 Cogeneration Turbines Factory Protection Plan
RECOMMENDATION
THAT Council receives Report RCP 19-12 – Cogeneration Turbines Factory Protection Plan;
AND THAT Council authorizes the Mayor and Clerk to sign the Factory Protection Plan with
Whitby Hydro Energy Services Corporation at Level C for 9 years at an annual cost of $39,976
plus applicable taxes.
EXECUTIVE SUMMARY
The turbines at the Tillsonburg Community Centre (TCC) installed in 2018 as part of the
cogeneration project require a program of ongoing preventative maintenance to ensure proper
operation. The manufacturer provides four levels for entering into Factory Protection Plan (FPP)
so that there is a more predictable cost profile over the functional life of the turbines. Staff has
reviewed the levels and recommends that the Town enter into a 9-year/79,999 hour FPP for
parts, and send Town staff for the required training so that the Town can perform the
preventative maintenance in-house.
BACKGROUND
The Capstone generators at the TCC are reaching the end of their factory warranty period.
Entering a maintenance agreement before the end of March when the warranty period expires
will avoid a 25% increase in the cost of the agreement.
Implementing a preventative maintenance program for the Capstone Turbines at the TCC will
ensure that the cogeneration plant continues to operate in the way it was designed to, and will
meet or exceed the projected lifespan of the equipment. Capstone offers an FPP program to
help turbine owners plan for the cost of this work. There are four levels within the FPP program.
The authorized vendor for Ontario, Whitby Hydro Energy Services Corporation (WHESC), has
provided pricing information and recommends the Town choose Level C. These prices are the
total annual cost for all three turbines.
A. Five year/39,999 hour parts only ($22,967/yr quoted price)
B. Five year/39,999 hour parts and labour ($35,000/yr estimated cost)
C. Nine year/79,999 hour parts only ($39,976/yr quoted price)
D. Nine year/79,999 hour parts and labour ($58,000/yr estimated cost)
The reason for providing both a five-year/39,999 hour plan and a nine-year/79,999 hour plan is
that Capstone recommends that the turbines are scheduled for a rebuild at 40,000 hours of use.
Page 70 of 141
Page 2 / 4 Cogeneration Turbines Factory Protection Plan
The cost of the parts included in the FPP considerably exceeds the $359,784 total cost of the
Plan over the nine-year term.
If the turbines are running 24/7, 40,000 hours of use will be reached shortly before the five-year
mark. Although many Capstone turbines are operating well past 40,000 hours without requiring
a rebuild, it is best to plan to meet that timeline. Selecting Level C gives the Town the option of
having the parts but delaying the rebuild until it is actually required, and deploying labour dollars
internally rather than at a premium contracted rate.
A review of the FPP program by the project consultants arrived at a recommendation that the
Town’s best interest would be served by having staff trained to do the work, rather than including
the labour into the FPP or having the work done by the company that installed them. Capstone
provides the training program at their facility and annual online recertification. With Town staff
trained to determine the actual need, the replacement parts would be received as per the factory
schedule, but they would be stockpiled until actually needed. As a result, there is a good chance
that the parts secured under the FPP would cover the local need well beyond the end of the
FPP.
The consultant’s evaluation indicated that the Town could choose not to use an FPP, which
might secure a lower annual cost at a higher risk, as long as an annual allocation was placed in
reserve for parts when needed. Alternatively, the Town could reduce the risk of a major in-year
parts cost by selecting the FPP, but with a higher annual cost.
From the consultant’s report:
An in-house maintenance arrangement for the CHP units should be implemented
to ensure parts and services are available when needed.
o An adequate maintenance fund (equal to the cost of a service arrangement
or as determined) could be maintained to facilitate this arrangement.
o Alternately, if the minor risk that system failure occurs is a major concern, a
Capstone Factory Protection Plan can be selected to remove all risk with
greater annual costs.
Provide Capstone authorized service provider training to a plant operator.
By securing a fixed annual cost for the parts needed for scheduled maintenance and any
unscheduled breakdowns, the Town reduces the exposure it would have for parts costs and the
normal annual inflationary price increases and fluctuations in exchange rates. Like any warranty
program, the FPP initially costs more per year than it would likely cost for the actual need in that
year. However, based on the current list price for parts, the total cost of the FPP is already
considerably less than the sum of the cost of the scheduled parts need over the life of the FPP.
In addition, the FPP price includes any non-scheduled parts required for unplanned breakdowns.
Staff recommends that the Town choose the lower-risk option for the longest time frame
available and enter a nine-year/79,999 hour FPP.
If Council would prefer not to enter into the FPP, staff strongly recommends that a minimum of
$50,000 per year be transferred annually into a maintenance reserve to cover the cost of parts
when needed.
Page 71 of 141
Page 3 / 4 Cogeneration Turbines Factory Protection Plan
FINANCIAL IMPACT/FUNDING SOURCE
Built into the business case for the cost recovery analysis on the cogeneration project was an
annual cost allocation for preventative and lifecycle replacement maintenance of $20,000 per
turbine or $60,000 per year. Based on the initial install warranty period covering the first quarter
of 2019, the approved 2019 budget includes $45,000 for this purpose. By training our own team
and deploying the warranty program, the Town is able to reduce the annualized budget
requirement to $50,000.
Over the life of the nine-year/79,999 hour FPP, the total cost for parts needed for scheduled and
unplanned repair parts is guaranteed not to exceed the $359,784 cost of the warranty (plus
applicable taxes).
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 72 of 141
Page 4 / 4 Cogeneration Turbines Factory Protection Plan
Report Approval Details
Document Title: RCP 19-13 - Cogeneration Turbines Factory Protection Plan.docx
Attachments: - RCP 19-13 - ATT 01 - Service Contract Assessment.pdf
- RCP 19-13 - ATT 02 - FPP Plan C.pdf
Final Approval Date: Mar 20, 2019
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Mar 20, 2019 - 4:07 PM
No Signature - Task assigned to David Calder was completed by assistant Lana White
David Calder - Mar 20, 2019 - 4:11 PM
No Signature - Task assigned to Donna Wilson was completed by assistant Lana White
Donna Wilson - Mar 20, 2019 - 4:11 PM
Page 73 of 141
-
CONFIDENTIAL & PROPRIETARY
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
10 LISGAR AVENUE
TILLSONBURG, ONTARIO
N4G 5A5
VERSION 1.0
FEBRUARY 28TH, 2019
1.1.1.1
Prepared by:
I. B. Storey Inc.
Email: info@ibstorey.ca
Website: www.ibstorey.ca
ATLANTIC OFFICE:
151 Great George Street, Suite 302
Charlottetown, PE C1A 4K8
Phone: 902-367-3545
Fax: 902-367-3546
ONTARIO OFFICE:
400 Applewood Crescent Suite 100
Vaughan, ON L4K 0C3
Phone: 416-800-1482
Fax: 647-438-5707
Page 74 of 141
Page 75 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE I
Professional Energy Solutions Version 1.0
Table of Contents
1.0 Introduction ..................................................................................................................................................... 1
2.0 In-House Skills Review ..................................................................................................................................... 2
3.0 Gap Assessment .............................................................................................................................................. 3
3.1 Refrigeration System ....................................................................................................................................... 4
3.2 Combined Heat and Power (CHP) Units (Co-Generation System) ................................................................... 5
3.3 Mechanical Heat Recovery Sub-System (Co-Generation System) ................................................................... 6
3.4 Automation Sub-System (Co-Generation System) .......................................................................................... 7
4.0 Risk Assessment............................................................................................................................................... 8
4.1 Refrigeration System Risk Assessment ............................................................................................................ 9
4.2 Combined Heat and Power (CHP) Risk Assessment ...................................................................................... 10
4.3 Mechanical Heat Recovery System ............................................................................................................... 11
4.4 Automation System ....................................................................................................................................... 12
5.0 Service Solicitation Framework ..................................................................................................................... 13
5.1 Systems Overview ......................................................................................................................................... 13
5.1.1 Refrigeration ...................................................................................................................................... 13
5.1.2 Combined Heating and Power ........................................................................................................... 14
5.1.3 Mechanical ......................................................................................................................................... 16
5.1.4 Automation ........................................................................................................................................ 16
5.2 Service Contract Solicitation Procedure ........................................................................................................ 17
5.2.1 Step 1: Site Survey .............................................................................................................................. 17
5.2.2 Step 2: Document Generation ............................................................................................................ 17
5.2.3 Step 3: Service Solicitation ................................................................................................................ 17
5.2.4 Step 4: Evaluation of Submissions ..................................................................................................... 17
6.0 Conclusion ..................................................................................................................................................... 18
Appendix A: Site Equipment Template
Appendix B: Service Contract Price Inclusion Template
Appendix C: Evaluation Matrix template
Page 76 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 1 OF 18
Professional Energy Solutions Version 1.0
1.0 Introduction
This report contains an assessment for needs and gaps in the service programs for the refrigeration and
cogeneration systems recently installed at the Tillsonburg Community Center. The systems were assessed to
determine essential requirements of service programs, gaps in existing service programs, and risks associated with
not filling these requirements.
In addition to this, a skills assessment was carried out to ascertain how existing skills may be leveraged to fill
operating and service requirements for these systems.
In conducting this assessment, it was found that:
Existing plant operators can provide daily maintenance and operation of the cogeneration system, as the
operation of this system is not regulated.
The existing refrigeration system service contract is ill defined and due to end after the 2018-2019 season.
The cogeneration system’s Combined Heat and Power (CHP) units do not currently have a maintenance
program.
In-House maintenance of the CHP units is feasible and may be much more cost effective than offered
protection plans.
Plant personnel maintenance training and a facility parts acquisition plan may be considered for the CHP
units in place of the Factory Protection Plans (FPPs) offered by Capstone (manufacturer).
The cogeneration system’s mechanical installation does not require a service contract but may be
included with the refrigeration system service contract.
The cogeneration system’s automation system installer should be retained on a time and material basis to
provide annual maintenance.
A comprehensive service framework has been provided in the report to provide steps for soliciting and obtaining
service needs going forward. An evaluation matrix is provided to ensure that service offers are evaluated on more
than cost.
Page 77 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 2 OF 18
Professional Energy Solutions Version 1.0
2.0 In-House Skills Review
This section contains information available to I.B. Storey Inc. at this time and will be modified as required if more
information is provided by the Town.
This section assesses facility staff skills and how they are applicable to the operation and maintenance of the newly
installed refrigeration and combined heat and power systems. The assessment considers transferable skills and
minor upgrades to skills that may allow for in-house maintenance. The following contains a review of in-house
skills as provided to I.B.Storey.
Class B Refrigeration Operator
Regulated by the Operating Engineers of Ontario Act.
Certified for operation of mechanical, control, and instrumentation equipment in a refrigeration room.
Comments and Observations
Skills available for the daily operation and maintenance of the refrigeration system can also be applied to
the operation of other similar systems.
Operation of the automation and CHP systems are not regulated, allowing existing skills to be transferred
as is.
Lack of existing in-house refrigeration mechanics makes carrying out preventative maintenance for the
refrigeration system infeasible.
Technical aptitude may be leveraged to provide maintenance for the other systems.
Page 78 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 3 OF 18
Professional Energy Solutions Version 1.0
3.0 Gap Assessment
The gap assessment takes into account the essential services and skills needed to operate and maintain the
systems installed at the Tillsonburg Community Center and the skills and services currently available for these
systems. For each system, current arrangements are assessed to ascertain what needs are being met and what
gaps exist. Needs which are not being met are known as gaps and are assessed for risks in the next section.
Figure 1: Needs and Gaps Assessment
Page 79 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 4 OF 18
Professional Energy Solutions Version 1.0
3.1 Refrigeration System
Table 1 below includes an assessment of the current service provision for 2018-2019 by CIMCO Refrigeration, with
gaps identified. Items which are broadly covered by the service provision but not properly defined in the service
contract are noted in the table as well.
Table 1: Refrigeration System Assessment
Service & Skills Needs Current Status Gap Possible Actions
3rd Class Power Engineer/Class-B
Refrigeration Operator – Chief. Available No -
O/M Manuals. Being prepared by refrigeration
contractors No -
Maintenance Contract or In-House
Maintenance Capability (CRM).
Cimco Service Contract for 2018-
2019 Season No Solicit and obtain new
service contract
Annual Compressor Maintenance. Included in Existing Contract No
Include in a new contract Annual Safeties Testing and Tagging Included in Existing Contract No
Annual Ammonia Leak Detection
Calibration Included in Existing Contract No
Refrigeration System Fluids
Maintenance, Unit Prices and
Inventory.
Only Glycol Testing is Included in
Existing Contract Yes
Add comprehensive
maintenance to new
contract
Plant Maintenance Inspections. Four (4) Included in Existing
Contract No
Include in a new contract.
Rates and structures for
service provisions should
be defined in contract.
Plant Maintenance Inspection Schedule. Not Defined in Existing Contract Yes
Readily Accessible Parts and Materials
Inventory Not Defined in Existing Contract Yes
Parts and Materials Rate & Structure Not Defined in Existing Contract Yes
Demand & Emergency Maintenance
Structure Not Defined in Existing Contract Yes
Demand & Emergency Labour Rate Included in Existing Contract No
Maintenance Materials Disposal Rates
& Structure
Not Included or Defined in
Existing Contract Yes
Service Warranty Not Included or Defined in
Existing Contract Yes
Permits, Fees, and Licenses Not Included or Defined in
Existing Contract Yes
Observations and Comments
Skills and personnel required for daily operation and maintenance are available.
Existing service contract ends at the end of the 2018-2019 season.
Major equipment preventative maintenance included in existing service contract.
Lack of pre-defined schedules and structures in existing service contract.
Page 80 of 141
TOWN OF TILLSONBURG
SERVICE CONTRACT ASSESSMENT
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 5 OF 18
Professional Energy Solutions Version 1.0
3.2 Combined Heat and Power (CHP) Units (Co-Generation System)
There is currently no service agreement or capability at the Tillsonburg community centre for the combined heat
and power generating units. Table 2 below contains services essential for the maintenance of the system, including
a review of Capstone Factory Protection Plan (FPP) plan C contract provided by Whitby Hydro Energy Services Corp
(WHESC).
Table 2: Combined Heat and Power Units Assessment
Service & Skills Needs Current Status Gap FPP Offer -
Plan C Possible Actions
Operator for Daily Operation,
Maintenance, and
Troubleshooting
Plant Operators Fill
This Role No - -
O/M Manuals Available No - -
Capstone Authorized Service
Provider for Maintenance
Labour
No Existing
Arrangements Yes Not Included
Obtain Capstone Authorised
Service Provider (ASP) training
for a plant operator.
Preventative Maintenance
Parts Acquisition or inventory
No Existing
Arrangements Yes Included Maintain reserve funds as
appropriate to acquire parts
when needed. Demand & Emergency Parts No Existing
Arrangements Yes Included
Observations and Comments
No maintenance program currently in place.
Capstone Factory Protection Plan (FPP) contract proposed by WHESC provides parts for preventative and
demand Maintenance but does not include labour.
Plant operators may be trained as Authorised Service Providers to provide preventative and emergency
maintenance services for the co-generation system.
Three (3) installed generation units provide redundancy in the case of an emergency or in the event of
regularly scheduled maintenance, allowing greater flexibility in service schedules.
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3.3 Mechanical Heat Recovery Sub-System (Co-Generation System)
Table 3 below shows the essential skills and service requirements for the mechanical heat recovery system.
Table 3: Mechanical Heat Recovery System Assessment
Service & Skills Needs Current Status Gap Possible Actions
Operator for Daily Operation, Maintenance,
and Troubleshooting Plant Operators Fill This Role No -
O/M Manuals Being prepared by the
mechanical contractor No -
Plumbing and Pumps Preventative
Maintenance Labour Capability
Can Be Provided By Plant
Operators No -
Preventative Maintenance Parts Acquisition
& Inventory No Existing Arrangements Yes
Include in
refrigeration
contract
Plumbing and Pumps Preventative
Maintenance plan No Existing Arrangements Yes
Glycol Testing and Maintenance No Existing Arrangements Yes
Heat Exchanger Maintenance No Existing Arrangements Yes
Demand & Emergency Parts and Materials
Acquisition or Inventory No Existing Arrangements Yes
Observations and Comments
No service program or contract is currently in place for this system.
Due to the small size of the system and simplicity of its components, a separate service contract is not
required for this system. It is recommended that the maintenance for this system be included in the next
refrigeration service contract.
Preventative maintenance of pumps and piping system can be carried out by plant operators.
Preventative maintenance of heat exchangers is best carried out by experienced mechanics.
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3.4 Automation Sub-System (Co-Generation System)
Table 4 below shows the essential skills and service requirements for servicing the newly installed automation
system.
Table 4: Automation System Assessment
Service & Skills Needs Current Status Gap Possible Actions
Operator for Daily Operation,
Maintenance, and Troubleshooting
Plant Operators Fill This
Role No -
O/M Manuals Available No -
Maintenance Labour Capability No Existing Arrangements Yes Hire installer on a time and
material basis as needed.
Annual Alarm Log Analysis No Existing Arrangements Yes
Retain installer annually
Automation System Annual
Functionality Tests and Firmware
Updates
No Existing Arrangements Yes
Demand & Emergency Parts Inventory No Existing Arrangements Yes
Observations and Comments
No service program or contract is currently in place for this system.
Components in this system are maintenance free or low maintenance; however, qualified personnel
should be retained if repairing or replacing electrical components.
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4.0 Risk Assessment
This section details the risks involved in having the gaps that have been outlined in Section 3 above. Risks involved
in having these gaps may include major consequences like unforeseen costs and lost revenue due to equipment
downtimes.
Figure 2: Risks Associated to Existing Gaps are Assessed
Gaps are analysed based on the risk they pose to each system and risk levels may differ for similar gaps between
different systems. They are assessed for risk in the following three categories:
Life Safety: this is the level of risk posed to the safety of facility personnel and users, as well as the
surrounding community.
Operations & Revenue: this is the level of risk posed to the operation of the facility and revenue.
Maintenance Cost: this is the level of risk posed to the maintenance costs that will be incurred.
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4.1 Refrigeration System Risk Assessment
The refrigeration system is currently covered by a service contract, helping ensure that major equipment
maintenance is covered. However, it is noted that the existing refrigeration service contract is not comprehensive
and is ill defined. This lack of definition leads to ambiguity and may become a liability to The Town in certain
circumstances. In addition, this service contract only covers the refrigeration system for the 2018-2019 season. A
new arrangement will need to be made, ensuring that all gaps noted are covered, to avoid the risks noted below.
Table 5: Refrigeration System Risks
Gap Risk Description
Risk Level
Life
Safety
Operations
& Revenue
Maint.
Costs
Fluids Maintenance,
Cost, and Inventory.
Lack of maintenance of system fluids like
brine and ammonia may lead to corrosion
and costly repairs.
Fluid testing reveals ammonia migration and
leaks which result from degrading
equipment as in the recent Fernie incident.
Lack of predefined pricing may lead to
arbitrary pricing when needed.
Medium High High
Preventative
Maintenance Schedule.
Major equipment maintenance should
coincide with shut down or low usage times
to prevent unwanted downtime.
None Low None
Readily Accessible Parts
and Materials Inventory
Ready access may prevent or reduce
downtime during unscheduled maintenance.
Costs to acquire parts may be inflated due to
expedited acquisition.
None Low Low
Parts and Materials Rate
& Structure
Rates can be decided arbitrarily by
contractors if not negotiated as part of a
contract.
Maintenance actions may lack predictability
and accountability.
Contractors may send too few or too many
employees to site if man power
requirements are not defined.
None None Medium
Demand & Emergency
Maintenance Structure None Low Medium
Maintenance Materials
Disposal Rates &
Structure
None None Medium
Permits, Fees, and
Licenses
Without proper oversight the plant licenses
may become out of date, causing a
necessary plant shut down.
None Medium None
Comments
Maintaining a service program for the refrigeration system is critical due to the system size and
complexity, safety considerations, and lack of in-house maintenance skills.
A new service arrangement should be made prior to the expiration of the current arrangement.
A lack of structure and maintenance schedules in the existing service contract reduces effectiveness.
Lack of testing and maintenance of the system fluids allows exacerbation of corrosion and rust problems,
leading to damage of system components (pumps, heat exchangers, etc.) and increased accident risks.
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4.2 Combined Heat and Power (CHP) Risk Assessment
The combined heat and power plant is a secondary provider of both electrical and thermal power for the facility.
As these units have few moving parts, there is a lower risk of system failure; however, in the event of failure, the
system has a redundancy of one (1) unit. While the risk of system failure is low, arrangements for maintenance
should be made in other to ensure equipment life and operations savings.
Table 6: Combined Heat and Power System Risks
Gap Risk Description
Risk Level
Life
Safety
Operations
& Revenue
Maint.
Costs
Capstone Authorized
Service Provider for Labour
An Authorised Service Provider is required
by Capstone Corporation to provide
maintenance to the CHP units.
None Very Low Low
Preventative Maintenance
Parts Acquisition or
Inventory
Lack of agreement for obtaining parts may
lead to unexpected costs.
In the case of acquiring parts in-house, lack
of, or inadequate, maintenance reserve
funds may lead to future budget disruption
and service delays.
None Very Low Medium
Demand & Emergency Parts None Very Low Medium
Comments
Obtaining labour capabilities is essential to ensure that manufacturer equipment troubleshooting and
maintenance can be carried out.
To reduce maintenance labour costs, Capstone Authorized Service Provider (ASP) training can be obtained
as an upgrade to in-house skills.
To ensure that parts can be obtained as needed, an adequate maintenance reserve (annual or lump sum)
should be maintained.
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4.3 Mechanical Heat Recovery System
The mechanical heat recovery system is composed of insulated piping, glycol, pumps, and heat exchangers. Most
of these system components have low maintenance requirements and may be covered under other similar
contracts.
Table 7: Mechanical Heat Recovery System Risks
Gap Risk Description
Risk Level
Life Safety Operations
& Revenue
Maint.
Costs
Preventative
Maintenance Parts
Lack of common preventative maintenance
parts may cause issues with equipment and
delay necessary maintenance procedures,
potentially causing system downtime.
Low Very Low Medium
Glycol Testing and
Maintenance
Lack of maintenance of system fluids like
brine and ammonia may lead to corrosion
and costly repairs.
Low Very Low Medium
Heat Exchanger
Maintenance
Heat exchanger periodic internal
maintenance required to ensure
equipment life span
Low None Low
Demand & Emergency
Parts and Labour Rate
& Structure
Materials and labour may be required for
unscheduled and emergency maintenance None Very Low Low
Maintenance
Materials Disposal
Rates & Structure
Unexpected regulated disposal fees. None None Low
Comments
Obtaining a standalone maintenance contract for this system is not critical as the mechanical system is
low maintenance and most maintenance items can be carried out by facility personnel.
Maintenance of the mechanical system, including glycol testing and heat exchanger periodic
maintenance, can be added onto the service contract of the refrigeration system.
Demand & Emergency parts and labour rates & structures are not critical for this system.
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4.4 Automation System
The automation system components are mostly maintenance free and, with the exception of software updates
and annual system functionality checks, only demand & emergency considerations are required.
Table 8: Automation Service and Maintenance
Gap Risk Description
Risk Level
Life
Safety
Operations
& Revenue
Maint.
Costs
Maintenance Labour
Automation system experience is ideal for
functionality tests and unscheduled
maintenance to avoid system downtime.
Qualified electricians are needed for some
parts replacement works.
None Very Low Very Low
Annual Alarm Log
Analysis
Annual alarm log analysis is recommended
to keep abreast of the system’s health. None None Very Low
Automation System
Annual Functionality
Tests and Firmware
Updates
While not mandatory, annual functionality
tests ensure that all components and
control sequences are functional.
None Very Low Very Low
Demand & Emergency
Parts Inventory.
While the system is low maintenance,
having a few spare parts helps mitigate
unforeseen parts failures.
None Very Low Very Low
Comments
Obtaining a maintenance program is not critical for this system but may be pursued.
In the event that no service contract is obtained, an automation contractor should be called in annually
for firmware maintenance.
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5.0 Service Solicitation Framework
This section provides a framework by which service needs can be solicited, or met in-house, in order to ensure all
technical needs are accounted for. Technical understanding and experience with each system being considered is
required while implementing this framework. Considerations in the following framework include steps that should
be taken when preparing for a solicitation, preparation of solicitation documents, facilitation of solicitation, and a
template for choosing the successful service provider. Considerations for in-house provision of service needs are
also included.
Overviews of the four (4) installed systems are provided before the framework is laid out. One service contract
may be sought to cover multiple systems.
5.1 Systems Overview
5.1.1 Refrigeration
The refrigeration system at the Tillsonburg community center consists of the following:
MYCOM ammonia compressors,
Liquid pumps,
Ammonia high and low pressure piping,
Brine and glycol piping,
Heat exchangers,
And an evaporative condenser.
Several safety devices are installed to ensure safe operation of the system and ability for mitigation in the case of
an emergency. Equipment manufacturers provide recommended maintenance practices which must be fulfilled to
ensure safety, equipment life, and prevent loss of service. These maintenance requirements should be included in
all service arrangements. While the daily operation and maintenance of a refrigeration plant should be handled by
refrigeration plant operators, items such as compressor oil replacement and compressor overhaul must be carried
out by experienced certified refrigeration mechanics (CRMs). The service provider should keep essential spare
parts available for all equipment. All of the above, as well as fluid testing and balancing would fall under the
scheduled preventative maintenance and a base price and estimated hours should be requested. More specific
prices could be sought for shutdown maintenance, compressor overhaul, and pre-start-up inspection for the
refrigeration equipment including estimated hours and the cost for regasketing each heat exchanger.
Additional pricing for items such as glycol, brine, ammonia, water treatment chemicals, compressor oil, and new
belts should be sought including the estimated service hours. This will ensure that, at the option of the Owner, any
concerns with these systems can be mitigated.
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5.1.2 Combined Heating and Power
The Combined Heat and Power (CHP) system consists of three (3) Capstone C65 Micro Turbine units located
outside the building. These units supply electricity to the building, supplementing grid electricity, and provide
heating to the heat recovery loop. The system has a full redundancy of one (1) unit, providing a cushion in the case
of an emergency. Each unit runs for approximately 6500 hours a year.
Service arrangements should take the following into account:
A Capstone Authorized Service Provider (ASP) must be available to provide ongoing maintenance and
diagnosis for the CHP units.
Preventative maintenance and parts replacements should be diagnosed by the maintenance person.
The turbine engine should be overhauled once unit performance starts to degrade (determined using
monitoring and verification system).
Parts acquisition maintenance reserve funds should be maintained to ensure funds are available to
purchase parts as needed.
For a minimum risk option, Capstone offers four (4) different Factory Protection Plans (FPP) covering either just
parts or parts and labour for and provides training to enable in-house maintenance. Options for servicing the units
include:
Obtaining an FPP (and providing ASP training to a plant operator for Plans A and C),
Providing ASP training to a plant operator, and purchasing parts as required for complete in-house
maintenance.
Table 9: Service Options Including Capstone FPPs and In-House Parts and Labour Acquisition
Service Plan A Plan B Plan C Plan D In-House1
Duration 5 Years 5 Years 9 Years 9 Years -
Turbine Run Hours (up to) 39,999 39,999 79,999 79,999 -
Preventative Maintenance Parts Yes Yes Yes Yes Yes
Demand Maintenance Parts Yes Yes Yes Yes No
One Engine Overhaul No No Yes Yes Yes
Maintenance Labour No Yes No Yes No
Annual Cost2 $ 25,000 $ 35,000 $ 45,000 $ 58,000 $ 17,000 - 60,0003
Capstone ASP Training – 1st Year4 $ 3,250 - $ 3,250 - $ 3,250
ASP Refresher – 2nd Year Plus $ 650 - $ 650 - $ 650
5 Yr. Total $ 130,000 $ 175,000 $ 230,000 $ 290,000 $ 90,000 – 305,000
9 Yr. Total $ 235,000 $ 315,000 $ 415,000 $ 520,000 $ 160,000 – 550,000
1 Annual cost range for parts obtained on an as needed basis up to parts obtained on Capstone recommended schedule.
2 All costs are estimates with the exception of Plan C which is available from WHESC proposal.
3 From discussion with representatives of the manufacturer, costs are anticipated to be on the low end of this range, however there is a small
risk of large single time costs in the event of major equipment failure.
4 Excluding travel expenses and labour costs.
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In making a decision regarding the service arrangements for the CHP units at the Tillsonburg community centre,
the following items should be noted:
Annual maintenance time for each unit ranges from 1 to 16 hours, making in-house labour very feasible.
The units have one moving part, greatly reducing the chances of unforeseen breakdowns.
As shown in Table 10, Capstone’s recommended schedule is conservative and units may run for much
longer without needing replacements.
From discussion with Capstone manufacturer representatives, the maintenance costs for the FPP include
pre-emptive part replacement, while most maintenance is generally done on an as-needed basis for
equipment.
Refurbished parts may be purchased to save on cost.
Table 10: Major Maintenance Intervals for Capstone Units at 6500 Annual Run Hours
Capstone Recommended Schedule5 Maintenance Performed as Required
Turbine Run Hours Resulting Interval Turbine Run Hours Resulting Interval
Engine Overhaul 40,000 6 Years > 80,000 > 12 Years
Battery Replacement 20,000 3 years > 40,000 > 6 Years
Compressor Replacement 40,000 6 Years > 60,000 > 9 Years
From consultation with the manufacturer, it is expected that annual maintenance will cost significantly less than
maintaining an FPP. Based on this, an in-house maintenance strategy is recommended. A self-funded
maintenance program should be considered.
By using more reasonable maintenance intervals for equipment the overall costs can be spread over a
longer time.
Annual funds of $45,000 or less could be allocated to equipment maintenance (matching FPP C
provided in a quote from WHESC). Unspent funds could be held in reserve for future unanticipated
maintenance or upgrades.
Equipment maintained with appropriate basic preventative maintenance can be operated for long
periods of time (refer to Table 10) with little risk.
Equipment failure risks are low based on the nature of the equipment, and the redundancy in the
system.
If a maintenance strategy with limited risk is preferred then a Factory Protection Plan from the manufacturer can
be pursued. This will increase the maintenance cost overheads significantly, but remove all risk of potential
hardware failure.
5 Capstone recommended maintenance schedule is based on units operating in standalone mode, while the installation in question is a grid-
connected system.
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5.1.3 Mechanical
The mechanical system consists of the follow:
Hot glycol piping and insulation from the CHP units to several loads in the facility,
Liquid pumps,
Several heat exchangers.
Similar to the refrigeration system, manufacturers provide recommended maintenance practices that should be
included in all service arrangements. Preventative maintenance would include inspections for all heat exchangers,
pumps, and valves connected to the mechanical system. Plant operators are able to provide most maintenance for
the system without additional training and a mechanic can be retained periodically to perform more long term
maintenance like heat exchanger cleaning. If a service contract is obtained, the service provider must carry out
recommended practices for replacing seals and gaskets and should include estimates on the time and cost of
carrying out this replacement within the preventative maintenance proposal. Given the size and relative simplicity
of the mechanical installation, a service contract is not required for this system; however, inclusion in a
refrigeration contract is recommended.
5.1.4 Automation
The automation system consists of a few automation controllers, valves, and sensors. Manufacturers provide
maintenance and calibration recommendations for these components although most are maintenance free or low
maintenance. Considerations to include in a service program include:
Annual functionality tests, verification following manufacturer recommended practices,
Calibration as needed,
Alarm log analysis,
Firmware updates.
If a service contract is not obtained, the system installer may be retained annually to provide these and a small
parts inventory should be kept for emergencies.
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5.2 Service Contract Solicitation Procedure
This section contains a framework for soliciting service contracts with examples of technical considerations
included as appendices.
5.2.1 Step 1: Site Survey
In addition to information contained in the operating and maintenance manuals, a walk-through grade survey is
essential for gaining an understanding of the equipment that requires maintenance and servicing at a facility. After
an analysis has been done on the requirements, specific equipment model and serial numbers can be gathered and
filled out into an equipment list that can be used internally and for solicitation purposes. A clear site list must be
generated to ensure that nothing is overlooked, as gaps could lead to additional costs after a maintenance
contract has been negotiated and accepted. Major systems, if interconnected or standalone, should be noted as
such to clearly define the boundaries of the service for warranty purposes. Sample site equipment lists have been
included as Appendix A. Final lists will vary from site to site.
5.2.2 Step 2: Document Generation
Once the survey is completed, solicitation documents should be prepared to obtain competitive bids from service
providers. In order to ensure that the documents are comprehensive, the documents should contain the following
as a minimum:
Bidder background details, references, and qualifications
Preventative maintenance and periodic inspection scopes, including major equipment maintenance as
required by manufacturers, and maintenance as required by regulating codes.
Maintenance schedules and expectations of number of hours for maintenance items.
Specific price inclusions as needed for preventative maintenance, demand & emergency parts and labour,
and miscellaneous items specific to a facility. Sample inclusion forms are included in Appendix B.
Specifications of expected working hours including regular working hours, overtime hours, and cost
structure.
Inclusion of all permits and licenses required to keep the system in compliance with all regulations.
Specification of required skills.
5.2.3 Step 3: Service Solicitation
Once a solicitation document has been developed, the document is released to the public to obtain competitive
bid pricing.
5.2.4 Step 4: Evaluation of Submissions
In order to ensure that the most qualified service contractor is awarded the bid, submissions should be evaluated
based on several factors. Appendix C contains an evaluation matrix that should be completed for each bidder in
addition to pricing considerations.
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6.0 Conclusion
In order to provide the most comprehensive service option for the installed systems at the Tillsonburg Community
Center, the following is recommended:
Solicit a comprehensive proposal for service of the refrigeration system making use of the provided
framework and attached evaluation matrix.
Include heat recovery loop service in refrigeration service scope.
An in-house maintenance arrangement for the CHP units should be implemented to ensure parts and
services are available when needed.
o An adequate maintenance fund (equal to the cost of a service arrangement or as determined)
could be maintained to facilitate this arrangement.
o Alternately, if the minor risk that system failure occurs is a major concern, a Capstone Factory
Protection Plan can be selected to remove all risk with greater annual costs.
Provide Capstone authorized service provider training to a plant operator.
Employ automation installer for annual functionality check and firmware updates.
Page 94 of 141
APPENDIX A
SAMPLE SITE EQUIPMENT LISTS
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Table 1: Site Equipment Summary Template with Examples
Additional Equipment
One (1) ammonia detector
One (1) ammonia detection control panel
Five (5) Pressure relief valves
Comments:
Annual start-up and shut down dates
< Site Name & Address >
Equipment Model Qty. Capacity/Motor Run Hours Description
Preferred Maintenance
or Shutdown Date
Compressor MYCOM N2MII 3 60 HP 1750 Ammonia compressor
Pump Armstrong 4030
8x4x10 2 25 HP - Rink Cold Brine Pump2
Cooling Tower Evapco LSCE 1 3000 MBH - Ammonia evaporative condenser
Heat Exchanger Alfa Laval BW-FD 1 200 TR - Ammonia to Rink Brine Chiller
Page 96 of 141
APPENDIX B
SAMPLE SERVICE CONTRACT PRICE INCLUSION
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Table 1: Sample Preventative Maintenace Cost Inclusion Table
Description Estimated Number of PM
Hours per Annum
Labour
Rate Extended Total
To provide preventative maintenance service $ /
hr $
Sub-Total for Preventative Maintenance (per year) $
H.S.T. + 13% $
Total Price Preventative Maintenance (per year) $
Preventative Maintenance - TOTAL PRICE FOR YY YEAR CONTRACT (xYY) =
$
Table 2: Sample Demand/Emergency Labour Cost Inclusion Table
REGULAR RATES: CREW UNIT OF
MEASURE UNIT PRICE ESTIMATED
QUANTITY
EXTENDED
PRICE
Minimum Call Charge 1 Man/ Crew 1 Hour $ $ (1 Hour)
Minimum Call Charge 2 Man/ Crew 1 Hour $ $ (1 Hour)
15 Minute Increment 1 Man/ Crew 15 Minute
increment $ $
15 Minute Increment 2 Man/ Crew 15 Minute
increment $ $
OVERTIME RATES:
Minimum Call Charge 1 Man/ Crew 1 Hour $ $ (1 Hour)
Minimum Call Charge 2 Man/ Crew 1 Hour $ $ (1 Hour)
15 Minute Increment 1 Man/ Crew 15 Minute
Increment $ $
15 Minute Increment 2 Man/ Crew 15 Minute
increment $ $
Sub-Total for Demand Service/Repairs $
H.S.T. + 13% $
Total Price Demand Service/Repairs (per year) $
Demand Service/Repairs - TOTAL PRICE FOR YY YEAR CONTRACT (xYY) =
$
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Table 3: Sample Material Cost Structure Inclusion
Item Material Costs Estimated Cost Of Materials Percentage Mark-up Extended Price
1 $0 to $100 $5,000 % $
2 $101 to $500 $10,000 % $
3 $501 to $1000 $20,000 % $
Sub-total for Material Costs $
H.S.T. + 13% $
Total Price for Material Costs (per year) $
Material Costs – TOTAL PRICE FOR YY YEAR CONTRACT (xYY) =
$
Table 4: Sample Additional Pricing Inclusions
Description Unit
Pricing
Estimated Annual
Quantity Extended Price
1 Calcium Chloride Pellets 90% - 92% $ - $ (Add Brand Name If Available) - ##kg bags
2 Brine Inhibitor $ - $ (Add Brand Name If Available) - ## litre pail
3 Sodium Hydroxide Solution 50% Solution $ - $ (Add Brand Name If Available) - ### ml Bottle
Sub-total for Additional Pricing $
H.S.T. + 13% $
Total Price for Additional Pricing (per year) $
Addtional – TOTAL PRICE FOR YY YEAR CONTRACT (xYY) =
$
Page 99 of 141
APPENDIX C
EVALUATION MATRIX TEMPLATE
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Table 1: Evaluation Matrix Template
DESCRIPTION OF FACTOR WEIGHT TOTAL WEIGHT FOR SECTION
A. Executive Summary
Understanding of Scope of Work 2
5 Fully Outlines Requirements of RFP 1.5
Summarizes Key Aspects of RFP Submission 0.5
Concise Timeline/Schedule Shown 1
B. Organization and Industry Experience
Description of Company 4
20
Description of Management Structure 2
Experience in Recreation Sector 5
Team Member Experience and Capabilities 5
Certifications as Applicable to Facility Equipment 4
C. Refrigeration and Heating System Service Contract Experience and References
Reference #1 (experience scored as applicable to this RFP) 5
30
Reference #2 (experience scored as applicable to this RFP) 5
Reference #3 (experience scored as applicable to this RFP) 5
Reference #4 (experience scored as applicable to this RFP) 5
Reference #5 (experience scored as applicable to this RFP) 5
Verbal Reference Feedback (1 point per reference) 5
D. Service Contract Work Plan and Methodology
Level of Detail in Preventative Maintenance Schedule 13
30 Services Offered (Scope of Work) 12
Response Times 3
Strengths and Capabilities 2
E. Documentation and Reporting
Logistics of Work/Services Tracking 4 8
Samples of Required PMDSC Documentation 4
F. Submission Content
Clarity of Proposal (Presentation) 5 7 Required Documentation/Forms 2
Subtotal
100
Subtotal Technical Score
/100
Does Subtotal Technical Score achieve benchmark score of 70%? Yes / No
Page 101 of 141
F
WHFS-18-1
2073395.2
Page 1 of 1
W
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Agreement
WHFS-18
Purchaser C
Town of T
Address (Bi
200 Broa
Name (Site
Rick Cox
Address (Tu
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Total Numb
Turbines:
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Factory Pr
Plan A
Plan B
Plan C
Plan D
Other
(See also ch
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FACTORY P
12-TIL
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Number
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Company Name
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Contact)
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Ave, Tillsonb
ber Of:
: 3
ory Protectio
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A – 5 year or
B – 5 year or
C – 9 year or
D – 9 year or
r – Descriptio
hecked items in
n B below for d
un hours (trh)
PROTECTI
o
ces Corpora
(Bill-To)
204., Tillsonb
)
burg, Ontario
on Plan Typ
Type1
39,999 trh,2 P
39,999 trh, P
79,999 trh, P
79,999 trh, P
on: X
column “OTHER
escription of inc
ON PLAN
ation
Agree
Purch
Acco
burg, Ontario
Comp
Tow
o
Gas Packs
pes and Opt
Parts ONLY,
Parts & Labor
Parts ONLY, w
Parts & Labo
R” in Section B be
cluded services f
– END US
ement Execution
March 21
haser Contact N
ounts Payable
o N4G 5A7
pany (Site Conta
n of Tillsonb
s/Air Packs: 3
ional Servic
NO Overhau
r, NO Overha
with Overhau
or, with Overh
elow.)
for each type of
SER AGREE
100 Taunton Ro
Pho
n Date
1, 2019
ame (Bill-To)
e
act)
urg
3
ces
l
<
4
>
aul
<
4
>
ul
<
4
>
haul
<
4
>
X
f Factory Protect
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
<4000 hrs/yr
4000-6000 hr
>6000 hrs/yr
<4000 hrs/yr
4000-6000 hr
>6000 hrs/yr
<4000 hrs/yr
4000-6000 hr
>6000 hrs/yr
<4000 hrs/yr
4000-6000 hr
>6000 hrs/yr
X hrs/yr
tion Plan.
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
Phone Numbe
905.688.300
Phone Numbe
905.688-300
Price
rs/yr
$
rs/yr
$
rs/yr
$ 359
rs/yr $
$
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
er
09
er
09
9,784
Page 102 of 141
F
WHFS-18-1
2073395.2
Page 2 of 1
W
E
Optional S
VPSN
ONLY3
Upgra
Comm
Total Price
3 VPSN Re
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
Services
– Vergent Po
ades – Descri
missioning or
e
mote Monitorin
PROTECTI
o
ces Corpora
ower Service
iption: Any an
r Re-comm
ng equipment m
ON PLAN
ation
Network Rem
nd all as mad
missioning
must be purchase
– END US
mote Monito
de available b
ed separately.
SER AGREE
100 Taunton Ro
Pho
oring Service,
by Capstone
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
, Subscription
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
Price
n $Incl
$Incl
$
$ 359
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
9,784
Page 103 of 141
F
WHFS-18-1
2073395.2
Page 3 of 1
W
E
B. Desc
FACTORY P
Maintena
Sc
p
St
d
M
C
U
in
Maintena
4 Normal W
excluding
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
ription of Fa
PROTECTION P
ance Parts:
cheduled ma
ursuant to th
tandard Main
ocument num
Model C60, or
65 or C200).
Unscheduled
ncluding:
Engine ass
All power
All fuel sys
Optional/A
- Main b
- Heat R
- Capsto
- Dual M
- Extern
- Extern
ance Labor:4
Whitby Hydro En
g holidays.
PROTECTI
o
ces Corpora
actory Prote
PLAN, Included
aintenance p
he then curre
ntenance Sch
mber 440000
r Capstone U
maintenance
sembly (Engi
electronics c
stem compo
Accessory eq
battery pack
Recovery Mo
one Logic Co
Mode System
nal Fuel Filter
nal Regulator
nergy Services C
ON PLAN
ation
ection Plan
d Services
arts as need
ent Capstone
hedule (Caps
0 for Model C
ser Manual f
e parts as ne
ne/Generato
components
nents
quipment (if i
dule (HRM) c
ontroller (CLC
m Controller (
r
r
Corporation (WH
– END US
Services
ed
e
stone
C30 or
for Model
eded,
or)
nstalled)
coil
C)
DMSC)
HESC) service ho
SER AGREE
100 Taunton Ro
Pho
Plan A Pla
urs are 8:00 am
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
n B Plan C
m to 4:30 pm loca
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
Plan D
al time weekday
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
Site
ys,
Page 104 of 141
F
WHFS-18-1
2073395.2
Page 4 of 1
W
E
FACTORY P
Sc
U
Engine Ov
Additiona
A
P
se
Sy
C
In
O
O
C. Servi
1. S
e
a
2. S
re
3. S
sp
C
4. If
P
a
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
PROTECTION P
cheduled ma
Unscheduled
verhaul at 40
al Services:
ccess to WHE
riority respo
ervice reques
ystem softwa
apstone.
nstallation of
Other – Descr
Other – Descr
ce Conditio
ites must be
nvironment
nd filters out
ites must be
equirements
ites must
pecifications
hecklist on fi
f VPSN is che
ower with a
nd terminati
PROTECTI
o
ces Corpora
PLAN, Included
aintenance la
maintenance
0,000 trh
ESC’s Technic
nse to unsch
sts.
are upgrades
f system softw
ription:
ription: THIRD
ons
e clean, free
that will not
tside the par
e installed in
.
be commis
and Capston
ile.
ecked in Sect
dedicated in
ng on the En
ON PLAN
ation
d Services
abor.
e labor.
cal Support.
heduled main
s as released
ware upgrad
D PARTY MET
of debris an
cause exces
ameters of C
accordance
ssioned in
ne/WHESC/V
tion A above
nternet conn
nd of Services
– END US
ntenance
d by
es.
TERING EQUI
d any other
ssive usage,
Capstone’s st
e with all Cap
accordance
Vergent Powe
e, then Purch
ection for VP
s Date (see Se
SER AGREE
100 Taunton Ro
Pho
Plan A Pla
No
No
No N
No
No
PMENT, NOT
obstructions
or need for
andard servi
pstone/WHES
with Caps
er must have
haser is resp
PSN starting
ection D belo
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
n B Plan C
No
No
o
No
No
T INCLUDED
s, well lit, an
replacement
ice intervals.
SC/Vergent P
stone/WHESC
e an approve
ponsible for p
on the Start
ow).
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
Plan D
nd operating
t, of consum
Power instal
C/Vergent P
ed Commissi
providing Ve
t of Services
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
Site
in an
mables
lation
Power
oning
ergent
Date
Page 105 of 141
F
WHFS-18-1
2073395.2
Page 5 of 1
W
E
D. Term
1. St
C
2. E
39
w
3. La
te
re
E. Paym
1. P
O
2. U
d
fe
a
3. O
th
fo
4. P
te
ex
5. P
th
co
F. Exclu
The fo
1. C
2. A
eq
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
m of Agreem
tart of Serv
ommissionin
nd of Service
9,999 trh, w
whichever com
abour: Cust
echnicians an
equest.
ment Terms
ayment for t
Other (specify
Unless otherw
ue 30 calend
ees, licenses
nd other taxe
Overdue paym
he date of p
oregoing sha
urchaser’s o
ermination o
xpiration of t
ricing is base
he time of tr
orrect to the
uded Servic
ollowing are
hanges to th
pplication e
quipment fai
PROTECTI
o
ces Corpora
ment
ices: The Ag
ng, which sha
es: The Agree
whichever co
mes first; or
tomers shal
nd will be cha
the Service A
y: X) installme
wise provided
dar days from
and permits
es.
ments shall b
ayment, equ
ll in no way l
obligations to
or expiration
this Agreeme
ed off an exc
ansaction is
actual excha
ces
specifically e
e original de
ngineering a
ilure due to a
ON PLAN
ation
greement an
all occur no la
ement and Se
omes first; o
Other (sp
l have acce
arged at a ra
Agreement w
ent(s) of $39,
d for in the p
m date of inv
s required fo
be subject to
ual to Eightee
imit any othe
o WHESC to
of this Agree
ent.
change rate o
different tha
ange rate for
excluded from
esign and con
and installat
application e
– END US
nd Services
ater than
ervices shall
or 9 yea
pecify: X).
ess to WH
ate of $145/h
will be made
976.00 plus
payment desc
voicing, are s
or the perfor
o a late char
en Percent (
er remedy th
o pay in full
ement shall
of 1.34 UDS t
an this rate,
r each transa
m the Agreem
nfiguration (a
tion; correct
ngineering, i
SER AGREE
100 Taunton Ro
Pho
shall comm
; or Ag
expire 5 y
rs from Sta
ESC Author
hour/ASP CAD
e in Upfr
HST.
criptions abo
stated in Can
rmance of th
rge, calculate
18%) per an
hat may be av
all amount
survive the t
to 1.00 CAD.
a credit or d
ction.
ment:
alterations fr
ion of laten
installation, s
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
mence U
greement Exe
years from S
rt of Service
rized Service
D including d
ront; equal
ove, payment
nadian dollar
he Services, a
ed from the
nnum calcula
vailable to W
s owed to W
termination
If the actual
debit will be i
om “as comm
nt or discove
settings and/
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
pon the Da
ecution Date
Start of Servic
es or 79,999
e Provider
driving time,
Annual; o
ts for Service
rs and includ
and exclude
date of invo
ated monthly
WHESC.
WHESC as o
for any reas
l exchange ra
issued in ord
missioned”).
ered defects
/or connectio
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
ate of
.
ces or
9 trh,
(ASP)
upon
or
es are
e any
sales
ice to
y. The
of the
on or
ate at
der to
s or
ons.
Page 106 of 141
F
WHFS-18-1
2073395.2
Page 6 of 1
W
E
3. O
4. U
st
5. O
6. E
7. Fu
8. O
9. C
10. B
in
11. U
co
of
of
C
p
lis
12. In
13. C
as
14. A
in
15. A
16. A
17. A
g
18. A
b
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
Operation of C
Usage/consum
tandard serv
Operation of C
missions test
uel analysis o
Operator clas
ity, state, and
alance of pla
n Exhibit 1 on
Using the VPS
ourtesy to th
f Plant equip
f “Covered Eq
overed Equip
rovide any S
sted as Cove
nternet conn
ertain toolin
ssistive lifting
ny expenses
n order to me
ny expenses
ny expenses
ny expenses
rid-connecte
ny services r
e outside the
PROTECTI
o
ces Corpora
Covered Equ
mption of c
vice intervals,
Covered Equ
ting or testin
or laboratory
sroom traini
d/or federal
ant equipme
nly, as may be
SN, Vergent
e customer.
pment (i.e., a
quipment” se
pment under
Services for B
red Equipme
ection, servic
ng required t
g devices, tru
resulting fro
eet, Service C
resulting fro
resulting fro
resulting fro
d operation.
requested by
e scope of th
ON PLAN
ation
ipment on a
consumables
, unless othe
ipment on a
ng of exhaust
y analysis to c
ng.
permits, reba
nt: WHESC w
e amended b
Power may
The VPSN eq
nything outs
et forth below
r this Agreem
Balance of P
ent.
ce, maintena
to support p
ucks, crane o
om failure to
Conditions sp
om improper
om Force Maj
om power qu
y Purchaser
is Agreemen
– END US
day-to-day b
s outside th
rwise specifi
day-to-day b
t gas.
confirm fuel
ates, or incen
will provide Se
by the parties
provide rem
quipment is c
side of the ho
w), which ma
ment. Under
Plant equipm
nce, or hardw
performing S
r forklift rent
meet, or inc
pecified in Se
r operation o
jeure events
uality disturb
which are d
nt.
SER AGREE
100 Taunton Ro
Pho
basis.
he paramet
ed in Exhibit
basis.
composition
ntive applicat
ervices for th
s from time t
mote monitor
capable of m
ousing and n
ay impact the
no circumsta
ment or any o
ware related
Services on
tals, etc.
curred as a re
ection C abov
of Covered Eq
s.
ances (e.g. sa
etermined, i
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
ers of Caps
t 1.
n.
tions or filing
he Covered E
to time in wr
ring service
monitoring ad
not included
e successful
ances is WH
other equipm
d fees.
the Covered
esult of corre
ve.
quipment.
ags, surges, a
in WHESC so
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
stone’s/WHE
gs.
Equipment lis
riting.
diagnostics a
dditional Bala
in the defini
operation of
ESC obligate
ment that is
d Equipment
ecting deficie
and harmon
ole discretion
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
SC’s
sted
as a
ance
tion
f the
d to
not
t, e.g.
encies
ics) in
n, to
Page 107 of 141
F
WHFS-18-1
2073395.2
Page 7 of 1
W
E
Pursuant
Energy S
including
systems,
and subje
1. Price
Scope of
scope of
“Scope o
pages of
labor out
are deter
repairs a
additiona
will be bi
effective
Schedule
Rates, as
by WHES
billed at
and (iii) m
without c
at the s
performe
time of
charges w
Rates.
2. Term. T
for the te
Agreeme
terminate
other par
Purchase
condition
failure to
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
to this Serv
ervices Corp
the provisio
controls and
ect to the ter
of the Serv
Services. Th
services for
f Services”)
this Agreem
tside of the a
rmined to be
are authoriz
al labor and
lled by WHE
Factory Prot
and the the
such terms
C from time
the then p
mobilization
charge so lon
same time
ed. If labor is
scheduled
will be as de
This Agreeme
erm indicated
nt unless WH
es this Agree
rty written no
er’s breach of
n of this Agre
pay when du
PROTECTI
o
ces Corpora
ices Agreem
poration (“W
on of any n
d/or accessor
rms and cond
vices, Payme
he price, paym
r each of th
are set fort
ent. If repai
applicable Sc
necessary a
zed by Purc
other costs
SC to Purcha
ection Plan S
en effective
and provisi
to time, and
revailing WH
costs and e
ng as the lab
scheduled m
s not perform
maintenanc
escribed in W
ent shall con
d in Section D
HESC or Purc
ment by deli
otice in the ev
f any materia
ement; or (ii)
ue any amou
ON PLAN
ation
ent (the “Agr
HESC”) to p
ecessary pa
ries identified
ditions descr
ent Terms a
ment terms a
he Services (
h on the co
irs or additio
cope of Servi
nd the requi
chaser, then
s and expen
aser at the th
Service Flat R
WHESC Serv
ons are revi
(ii) Parts wil
HESC List Pr
xpenses will
or is perform
maintenance
med at the sa
e, mobilizat
WHESC’s Serv
ntinue in effe
D of this
haser
vering to the
vent of: (i)
al term or
) Purchaser’s
unt owed by
– END US
reement”), Pu
rovide the s
rts (the “Par
d above (the
ibed above a
and
and
(the
over
onal
ices
red
n (i)
nses
hen
Rate
vice
sed
l be
rice,
be
med
e is
ame
tion
vice
ct
e
s
Purchas
within f
due und
cure su
receivin
Purchas
owed b
Agreem
WHESC
of Servi
in full is
arrange
discreti
restrict
this Agr
describ
termina
amount
true me
penalty
termina
such ev
perform
forfeit a
termina
measur
If this
betwee
be a
SER AGREE
100 Taunton Ro
Pho
urchaser her
services desc
rts”), on the
“Covered Eq
and on the pa
ser to WHESC
fifteen (15) da
der the Agre
ch default w
ng written no
ser fails to pa
by Purchaser
ment is not te
C, WHESC ma
ices under th
s received or
ements are a
on. The fore
in any way W
reement at a
bed in this Se
ation by WHE
ts paid at the
easure of the
y. Purchaser
ate this Agree
vent shall pay
med through
all amounts p
ation, whiche
re of the dam
agreement
en years Five
charge to
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
reby authori
cribed above
Capstone T
quipment”) in
ages attache
C under this
ays of when
ement, and P
within seven (7
otification of
ay when due
to WHESC an
erminated im
y delay or ce
his Agreemen
r other paym
agreed to, at
egoing does n
WHESC’s righ
any time follo
ction. In the
ESC, Purchas
e time of term
e damages an
reserves the
ement witho
y WHESC for
the date of t
paid at the ti
ever is greate
mages and no
is terminat
(5) through N
Purchaser
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
zes Whitby H
e (the “Serv
Turbine gene
n accordance
ed hereto.
Agreement,
such payme
Purchaser fa
7) days after
default. If
e any amount
nd this
mmediately by
ease perform
nt until paym
ent
WHESC’s sol
not limit or
ht to terminat
owing an eve
event of a
er will forfeit
mination as a
nd not as a
e right to
out cause, an
all services
termination
me of
er as a true
ot as a penalt
ed by Purc
Nine (9), ther
for the e
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
Hydro
ices”),
erator
e with
nt is
ils to
t
y
mance
ment
e
te
nt
t all
a
d in
or
ty.
haser
re will
ngine
Page 108 of 141
F
WHFS-18-1
2073395.2
Page 8 of 1
W
E
replacem
40,000 ho
3. WHE
that it w
regulatio
Services
professio
consisten
and with
and pract
provided
provide t
labor pro
applicabl
Warrantie
contained
Agreeme
Related W
of the Ser
4. Purc
represent
has the r
this Agr
obligation
Agreeme
existing
entity; (i
licenses
perform
provided
Services
complete
WHESC’s
Covered
perform t
its obliga
reasonab
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
ment that w
our service at
ESC’s Service
will comply
ns relating
and such Se
onal and
nt with the a
generally a
tices with re
hereunder
he warrantie
ovided by W
e Covered P
es”). Notw
d in a Servic
nt to the co
Warranties e
rvices.
chaser’s Re
ts, warrants
right, power,
reement an
ns hereunde
nt does no
between it
ii) it has o
and permits
the Servi
by Purchase
and its abilit
e and accur
access to
Equipment
the Services;
ations unde
ble satisfactio
PROTECTI
o
ces Corpora
was perform
t current ma
s; Warranty.
with applic
to its pro
ervices will b
workman
applicable Sc
ccepted indu
gard to the t
r. WHESC
es with respe
HESC and Ca
roduct (the “
withstanding
ce-Related W
ontrary, any
expire upon
epresentation
, and coven
and authori
nd to perf
er; (ii) the
ot violate a
and any ot
btained or
s necessary
ces; (iv) a
er to WHESC
ty to pay for
ate; (v) it w
the faciliti
is located
and (vi) it wi
er this Agre
on of WHESC
ON PLAN
ation
ed during
rket value.
WHESC agr
cable laws a
ovision of
e provided i
nlike man
ope of Servi
ustry standa
type of servi
and Capsto
ect to Parts a
apstone for
“Service-Rela
any te
Warranty or t
and all Serv
the complet
ns. Purcha
nants that: (
ity to enter i
form fully
making of t
any agreem
ther person
will obtain
for WHESC
all informat
C related to
r the Service
will arrange
ies where
as needed
ill perform a
eement to
.
– END US
the
rees
and
the
n a
ner
ices
ards
ices
one
and
the
ated
erm
this
vice-
tion
aser
i) it
nto
its
this
ment
or
all
C to
tion
the
s is
for
the
to
ll of
the
5. Purch
obligati
request
(i) reco
Covered
instrum
which P
shall de
shall be
WHESC
premise
Services
supervi
Purchas
and wo
respons
monito
perform
any wri
by WHE
provisio
Purchas
Purchas
6. Discla
3, THE S
BASIS A
IMPLIED
SERVICE
ANY IM
NON-IN
PARTIC
IMPLIED
GOODS
EXPRES
7. Limit
7.1 W
indemn
SER AGREE
100 Taunton Ro
Pho
haser’s Oblig
ions stated
ted, Purchas
ords and i
d Equipment
ments needed
Purchaser a
esignate an a
e available t
C is performin
es. Purchas
s excludes a
ision, mana
ser’s emplo
ork related th
sibility fo
ring or man
med by Purc
itten or oral
ESC to Purc
on of Servic
ser and shal
ser to any th
aimer. EXCE
SERVICES AR
AND NO OTH
D OR STATUT
ES, INCLUDIN
PLIED WARR
NFRINGMENT
ULAR PURPO
D WARRANTI
S ACT AND AL
SSLY DISCLAI
tation of Liab
HESC and
nify and hol
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
gations. In ad
in this A
ser shall prov
information
t; and (ii) an
d for the Co
lready posse
authorized re
to WHESC a
ng the Servic
ser agrees t
all trade lab
agement o
yees, agent
hereto, and it
or plannin
nagement of
chaser. Purch
reports and
haser in con
es shall be
l not be use
ird party.
EPT AS SET FO
E PROVIDED
HER WARRAN
TORY ARE GIV
NG, BUT NOT
RANTY OF ME
T OR FITNESS
OSE AND INC
IES UNDER T
LL SUCH WA
MED.
bility in Gene
the Purch
ld harmless
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
ddition to all
Agreement,
vide WHESC
concerning
ny special too
overed Equip
esses. Purc
epresentative
at all times
ces on Purcha
hat the Sco
or work and
r regulation
s or contra
t does not in
ng, sched
f the work t
haser agrees
d advice pro
nnection wit
utilized sole
ed or conveye
ORTH IN SECT
ON AN “AS I
TIES, EXPRES
VEN FOR THE
T LIMITED TO
ERCHANTABI
S FOR A
CLUDES ANY
HE SALE OF
RRANTIES AR
ral.
aser shall
the other
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
other
when
with:
g the
ols or
pment
haser
e who
while
aser’s
pe of
d any
n of
actors
clude
uling,
to be
s that
vided
h the
ely by
ed by
TION
S”
SS,
E
O,
LITY,
RE
each
party
Page 109 of 141
F
WHFS-18-1
2073395.2
Page 9 of 1
W
E
(inclusive
council, e
and agai
damages
in respe
respect t
of, or a
involvem
provided
the negl
seeking i
omission
the part
indemnif
in the Agr
7.2 This S
or incons
documen
other doc
any conf
by any re
7.3 The l
obligation
provided
conflictin
in any
Agreeme
Purchase
inconsiste
represent
except t
statemen
Capstone
7.4 The r
Parties se
the attac
remedies
hereunde
FACTORY P
12-TIL
2
13
Whitby Hydr
nergy Servic
e of its resp
employees,
nst all claim
, actions, su
ct of losses
o claims by
attributable
ent as pa
that such cl
igent acts o
ndemnity or
s that party
ty to the
ication is so
reement.
Section shall
sistent provis
nts comprisi
cument issue
flicting or inc
presentative
imitations of
ns and P
for in this Se
g or incons
of the do
nt or any o
er hereto o
ent statem
tative of W
o the exten
nt further
e’s liability.
rights, reme
et forth in th
ched exhibits
s and obl
er and are
PROTECTI
o
ces Corpora
ective electe
servants an
ms, demands
its, or proce
s suffered b
third parties
in any re
rties to th
laims are no
or omissions
r anyone for
is liable, or
Agreement
ught to fulfil
prevail over
sions contain
ng this Agre
ed by Purcha
consistent st
e of the partie
f WHESC and
Purchaser’s
ection, shall p
istent provis
ocuments c
other docum
or in any
ment mad
WHESC and
nt that suc
limits W
dies and ob
is Agreemen
s, are the e
igations of
in lieu of a
ON PLAN
ation
ed members
d agents) fr
s, losses, co
edings whet
by them or
s that arise
spect to th
his Agreeme
ot caused by:
s of the pa
r whose acts
(2) a failure
t from wh
ll its obligatio
r any conflict
ed in any of
eement or
aser hereto o
tatement ma
es.
d/or Capston
remedies,
prevail over
sions contain
omprising t
ment issued
conflicting
de by a
d/or Capsto
h provision
WHESC and
ligations of
nt, together w
exclusive rig
f the Par
any other rig
– END US
s of
rom
osts,
ther
r in
out
heir
ent,
: (1)
arty
s or
e of
hom
ons
ting
the
any
or in
ade
ne’s
as
any
ned
this
by
or
any
one,
or
d/or
the
with
hts,
ties
ght,
remedy
equity.
8. Disp
arising
referen
betwee
unsucce
settled
conduc
with th
arbitrat
Parties.
determ
the suc
held at
9. Conf
Rights.
modify
enginee
compon
rights a
the Co
provide
under t
of Caps
The pa
employ
term of
and se
Informa
proprie
informa
provide
proprie
or not
“proprie
Informa
SER AGREE
100 Taunton Ro
Pho
y, or obliga
pute Resoluti
out of this
nced herein s
en the Partie
essful, the
by arbitratio
cted by a sin
he Arbitratio
tor shall be
. The arbitra
mine expense
ccessful Part
the Town of
fidential Info
Purchaser s
or disassem
ering any
nents there
and confide
overed Equip
ed by Cap
this Agreeme
stone/WHESC
rties and its
yees, agents
f this Agreem
ecure all of
ation, mea
etary written
ation, know
ed (whether
etary status i
t the speci
etary” are
ation”) to the
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
ation availab
ion. Any dis
Agreement
shall be settl
es. If such
matters in
on. Such ar
ngle arbitrat
ons Act. Th
e final and
ator shall be
es and legal
ty. The arb
f Whitby.
ormation, Int
shall not, dire
mble for the p
Covered
eof. All inte
ential inform
pment, and
stone/WHES
ent, shall rem
C.
respective d
and contra
ment shall tre
the Purcha
aning all
, recorded,
wledge, dat
or not such
s indicated o
ific words
used) (th
e other party
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
ble at law
putes and c
or any docu
ed by negot
negotiation
dispute sha
rbitration sha
tor in accord
he award o
binding on
entitled to fi
costs in favo
bitration sha
ellectual Pro
ectly or indir
purpose of re
Equipment
ellectual pro
mation relatin
any inform
C to Purc
main the pro
directors, off
actors during
eat as confid
ser’s Confid
confidentia
electronic or
ta or mat
confidential
orally, or wh
“confidentia
he “Confid
.
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
or in
claims
ument
iation
s are
all be
all be
dance
of the
n the
x and
our of
all be
operty
rectly,
everse
t or
operty
ng to
mation
haser
operty
ficers,
g the
ential
ential
l or
r oral
terials
ity or
hether
l” or
ential
Page 110 of 141
F
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Page 10 of
W
E
The part
confident
damage
inadequa
threatene
obligation
alleging t
be entit
injunctive
confident
The part
and any m
Town t
Agreeme
Purchase
Informati
10. Misce
10.1 Gove
by the law
laws are a
performe
regard to
and feder
trademar
proceedin
commenc
10.2 Surv
survive i
necessary
the barg
Notwithst
that upon
Service-R
such date
10.3 Ass
assigned
FACTORY P
12-TIL
2
f 13
Whitby Hydr
nergy Servic
ties acknowl
tiality obligat
and mon
ate remedy.
ed breach
ns set out
the breach ag
tled to tem
e relief fo
tial informati
ties acknowl
materials or
hrough the
nt may be s
er pursuant t
ion and Prote
ellaneous.
erning Law. T
ws of the Pro
applied to co
ed entirely wi
o Ontario’s co
ral laws appl
rks. The Parti
ng arising ou
ced in the Cit
vival. All prov
its terminat
y to give the
gain expres
tanding the f
n completion
Related Warr
e.
ignment. Th
by Purchase
PROTECTI
o
ces Corpora
edge that a
tions will ca
netary dam
In the event
of the
in this sect
gainst the ot
mporary an
r the prot
ion.
ledge that t
information
e performa
subject to di
o the Munici
ection of Priv
This Agreeme
ovince of Ont
ontracts mad
ithin Ontario
onflicts of law
icable to pat
ies agree tha
ut of this Agre
ty of Oshawa
isions of this
tion to the
e Parties the
ssed in th
foregoing, Pu
n of the Servi
ranties shal
his Agreemen
er without th
ON PLAN
ation
a breach of
use irrepara
mages are
t of a breach
confidentia
tion, the pa
ther party s
nd perman
tection of
this Agreem
provided to
ance of t
sclosure by
ipal Freedom
vacy Act.
ent is govern
ario (as such
e and
o, without
ws provisions
ents and
at any claim o
eement shall
a, Ontario.
s Agreement
fullest ext
e full benefit
his Agreeme
urchaser agr
ices, any and
l expire as
nt may not
he prior writ
– END US
its
able
an
h or
ality
arty
hall
nent
its
ment
the
this
the
m of
ned
h
s)
or
be
will
tent
t of
ent.
rees
d all
of
be
tten
consent
this Ag
WHESC
10.4 S
Agreem
herein
unenfo
of this
effect,
provisio
Agreem
unenfo
negotia
is lega
possible
underly
remain
affected
capable
remain
permitt
10.5 Ind
has fu
Agreem
all right
one ano
to rece
to this A
Agreem
express
contrar
or regu
to mod
Agreem
10.6 En
constitu
to the
SER AGREE
100 Taunton Ro
Pho
t of Capston
greement to
C without the
Severability.
ment or the t
is declare
rceable, or v
Agreement
subject to
ons. In the
ment is decl
rceable or
ate in good fa
l and enfor
e consiste
ying the o
der of the
d by such d
e of substan
der will be
ted by law.
dependent R
ll knowledg
ment, its lega
ts which eac
other. Each P
ive independ
Agreement a
ment of its
sly agree tha
ry to the Agre
ular practice
dify any of th
ment.
ntire and Sole
utes the com
Services a
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
ne/WHESC. W
o an entity
consent of P
If any p
erms and co
d or found
void, the rem
shall remain
the imme
event any
ared or fou
void, the
aith a substit
rceable and
ent with
original pro
Agreement
declaration o
ntial perform
e enforced
Review and A
ge of the
al consequen
ch may have
Party has ha
dent legal ad
and each Par
own free
at there are
eement and
in the indus
e terms and
e Agreement
mplete agreem
nd superse
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
WHESC may a
wholly-owne
Purchaser.
provision of
onditions set
d to be i
maining provi
n in full force
ediately follo
provision of
und to be il
Parties agre
tute provision
is as near
the inten
vision. If
is not mate
or finding a
mance, then
to the e
Advice. Each
contents of
nces and any
e with respe
d the opport
dvice with re
rty enters int
will. The P
e no expecta
no usage of
stry shall be
provisions o
t. This Agree
ment with re
des all prio
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
assign
ed by
f this
forth
llegal,
isions
e and
owing
f this
llegal,
ee to
n that
rly as
ntions
f the
erially
nd is
such
extent
Party
f this
y and
ect to
tunity
espect
o this
arties
ations
trade
used
of the
ement
espect
or or
Page 111 of 141
F
WHFS-18-1
2073395.2
Page 11 of
W
E
contempo
represent
written o
Agreeme
of the r
limitation
between
respect
engineeri
governed
Agreeme
confident
entered i
10.7 Ame
modified
a duly au
10.8 Forc
shall be s
pay moni
is hinder
control (“
to, riots,
national
terrorist
earthqua
governm
authority
inability
manufact
sources a
from a F
performa
perform
regulatio
Party is
reasonab
deemed a
FACTORY P
12-TIL
2
f 13
Whitby Hydr
nergy Servic
oraneous
tations, dis
or oral, con
nt is not inte
ights, duties
ns set forth
the Parties. T
to confiden
ing and/or
d by, if ap
nt, the En
tiality agree
nto.
endments. T
or amended
thorized rep
ce Majeure.
suspended (o
ies due) for s
red by even
Force Majeu
labor disp
or civil war
acts, emba
kes, dispo
ental author
y, fires, strike
to obt
turing faciliti
and acts of
orce Majeur
ance corresp
results from
n, dispositio
unable to
ble efforts to
a Force Maje
PROTECTI
o
ces Corpora
proposals,
scussions a
ncerning the
ended to cha
s, obligation
in any oth
The Parties’ o
ntial inform
trade sec
plicable, th
d User Lic
ements the
This Agreeme
d except in w
resentative o
Each Party
other than th
so long as suc
nts beyond
re”), such as,
utes of a g
rs, insurrecti
argoes, civi
ositions or
rity, acts of
es, delays in
tain nece
ies or mater
God. Any d
re shall exten
pondingly.
m a governm
n or order a
o perform,
comply, the
ure.
ON PLAN
ation
agreeme
and literatu
e Services. T
nge or alter
ns, liabilities
her agreeme
obligations w
mation, reve
crets shall
e Direct Sa
cense, or
Parties h
ent may not
writing signed
of each Party
y’s performa
he obligation
ch performa
its reasona
, but not limi
general natu
ons, rebellio
l disturbanc
r orders
civil or milit
transportat
essary lab
rials from us
delays result
nd the time
If a failure
mental law, r
nd the affec
after mak
matter shall
– END US
nts,
ure,
This
any
or
ents
with
erse
be
ales
any
ave
be
d by
y.
nce
n to
nce
able
ited
ure,
ons,
ces,
of
tary
ion,
bor,
sual
ting
for
to
ule,
cted
king
l be
10.9 No
terms o
to or be
Parties
other
Agreem
10.10 W
term co
shall be
by the
thereof
constru
any suc
other o
(or any
occasio
providin
constitu
or any
SER AGREE
100 Taunton Ro
Pho
o Third Part
of this Agree
enefit any pe
to this Agree
benefits un
ment.
Waiver. No w
ontained he
e effective u
party waivin
f). No wa
ued as a fur
ch term (or
occasion or a
breach ther
on. The del
ng written
ute a waiver
y further de
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
ty Beneficiar
ement are in
erson or ent
ement any ri
nder or by
waiver by ei
erein (or any
nless it is in
ng such term
aiver shall
rther or con
any breach
as a waiver o
eof) on the s
ay or failure
notice here
r by such Pa
efault under
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
ries. None o
ntended to c
ity other tha
ights, remed
reason of
ither Party o
y breach the
writing exe
m (or any b
be deeme
tinuing waiv
h thereof) on
of any other
same or any
e of any Pa
eunder shal
rty of any de
the Agreem
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
of the
confer
an the
ies or
f this
of any
ereof)
cuted
reach
d or
ver of
n any
term
other
rty in
l not
efault
ment.
Page 112 of 141
F
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Page 12 of
W
E
Whitby H
(WHESC)
By:
Name:
Title:
Date:
FACTORY P
12-TIL
2
f 13
Whitby Hydr
nergy Servic
Hydro Energ
):
PROTECTI
o
ces Corpora
gy Services C
ON PLAN
ation
Corporation
– END US
n Purcha
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
SER AGREE
100 Taunton Ro
Pho
aser: Town
Stephen B
Mayor
Donna Wils
Clerk
EMENT
WH
FPP C
Custom
Whitby Hydro E
oad East, PO Bo
one: (905) 668-5
of Tillsonbu
. Molnar
son
HESC CONFIDE
Contract – rev.
mer Initials: __
Energy Services
x 59 Whitby
5878 Email: inf
Web: ww
urg
ENTIAL
______
_____
Corporation
ON L1N 5R8
fo@whesc.ca
ww.whesc.ca
Page 113 of 141
WHFS-182073395.Page 13 o FAC-09-001 2 of 13 WhEneSite Name / Location Town of Tillsonburg Community Centre CTORY PROT hitby Hydro ergy Services CDescriptioThree (3) C65 GC with Gasp TECTION PLA orporation on Man ICHP packs CapstoAN – END USE Enufacturer one Turbine ER AGREEME Exhibit 1 Model / Configuor Part NumC65 HPNG GC IC NT 100 Taunturation ber SerCHP GP Whitby Hydroton Road East, PO BPhone: (905) 668-rial Number 9644, 9645, 9646 WHESC CONFFPP Contract Customer I Energy Services Corox 59 Whitby ON-5878 Email: info@wWeb: www.wStarting TRHApprox 5,30 FIDENTIAL t – rev. ______ nitials: ______rporation L1N 5R8 whesc.ca whesc.ca H 00 Page 114 of 141
FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 1 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Agreement Number
WHFS-18-12-TIL5
Agreement Execution Date
March 3, 2019
Purchaser Company Name (Bill-To)
Town of Tillsonburg
Purchaser Contact Name (Bill-To)
Accounts Payable
Phone Number
905.688.3009
Address (Bill-To)
200 Broadway, Suite 204., Tillsonburg, Ontario N4G 5A7
Name (Site Contact)
Rick Cox
Company (Site Contact)
Town of Tillsonburg
Phone Number
905.688-3009
Address (Turbine Location)
45 Hardy Ave, Tillsonburg, Ontario
Total Number Of:
Turbines: 3 Gas Packs/Air Packs: 3
A. Factory Protection Plan Types and Optional Services
Factory Protection Plan Type1 Price
Plan A – 5 year or 39,999 trh,2 Parts ONLY, NO Overhaul
<4000 hrs/yr
4000-6000 hrs/yr
>6000 hrs/yr
$114,834
Plan B – 5 year or 39,999 trh, Parts & Labor, NO Overhaul
<4000 hrs/yr
4000-6000 hrs/yr
>6000 hrs/yr
$
Plan C – 9 year or 79,999 trh, Parts ONLY, with Overhaul
<4000 hrs/yr
4000-6000 hrs/yr
>6000 hrs/yr
$
Plan D – 9 year or 79,999 trh, Parts & Labor, with Overhaul
<4000 hrs/yr
4000-6000 hrs/yr
>6000 hrs/yr
$
Other – Description: X
(See also checked items in column “OTHER” in Section B below.) X hrs/yr $
1 See Section B below for description of included services for each type of Factory Protection Plan. 2 Turbine run hours (trh)
Page 115 of 141
FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 2 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Optional Services Price
VPSN – Vergent Power Service Network Remote Monitoring Service, Subscription
ONLY3 $Incl
Upgrades – Description: Any and all as made available by Capstone $Incl
Commissioning or Re-commissioning $
Total Price $ 114,834
3 VPSN Remote Monitoring equipment must be purchased separately.
Page 116 of 141
FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 3 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
B. Description of Factory Protection Plan Services
FACTORY PROTECTION PLAN, Included Services Plan A Plan B Plan C Plan D Site
Maintenance Parts:
Scheduled maintenance parts as needed
pursuant to the then current Capstone
Standard Maintenance Schedule (Capstone
document number 440000 for Model C30 or
Model C60, or Capstone User Manual for Model
C65 or C200).
Unscheduled maintenance parts as needed,
including:
Engine assembly (Engine/Generator)
All power electronics components
All fuel system components
Optional/Accessory equipment (if installed)
- Main battery pack
- Heat Recovery Module (HRM) coil
- Capstone Logic Controller (CLC)
- Dual Mode System Controller (DMSC)
- External Fuel Filter
- External Regulator
Maintenance Labor:4
4 Normal Whitby Hydro Energy Services Corporation (WHESC) service hours are 8:00 am to 4:30 pm local time weekdays,
excluding holidays.
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Page 4 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
FACTORY PROTECTION PLAN, Included Services Plan A Plan B Plan C Plan D Site
Scheduled maintenance labor. No No
Unscheduled maintenance labor. No No
Engine Overhaul at 40,000 trh No No
Additional Services:
Access to WHESC’s Technical Support.
Priority response to unscheduled maintenance
service requests. No No
System software upgrades as released by
Capstone.
Installation of system software upgrades. No No
Other – Description:
Other – Description: THIRD PARTY METERING EQUIPMENT, NOT INCLUDED
C. Service Conditions
1. Sites must be clean, free of debris and any other obstructions, well lit, and operating in an
environment that will not cause excessive usage, or need for replacement, of consumables
and filters outside the parameters of Capstone’s standard service intervals.
2. Sites must be installed in accordance with all Capstone/WHESC/Vergent Power installation
requirements.
3. Sites must be commissioned in accordance with Capstone/WHESC/Vergent Power
specifications and Capstone/WHESC/Vergent Power must have an approved Commissioning
Checklist on file.
4. If VPSN is checked in Section A above, then Purchaser is responsible for providing Vergent
Power with a dedicated internet connection for VPSN starting on the Start of Services Date
and terminating on the End of Services Date (see Section D below).
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Page 5 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
D. Term of Agreement
1. Start of Services: The Agreement and Services shall commence Upon the Date of
Commissioning, which shall occur no later than ; or Agreement Execution Date.
2. End of Services: The Agreement and Services shall expire 5 years from Start of Services
or 39,999 trh, whichever comes first; or 9 years from Start of Services or 79,999 trh,
whichever comes first; or Other (specify: X).
3. Renewal: Owner shall be able to renew this agreement at a price no more than X percent
higher than the price herein.
4. Labour: Customers shall have access to WHESC Authorized Service Provider (ASP)
technicians and will be charged at a rate of $145/hour/ASP CAD including driving time, upon
request.
E. Payment Terms
1. Payment for the Service Agreement will be made in Upfront; equal Annual; or
Other (specify: X) installment(s) of $22,967.00 plus HST.
2. Unless otherwise provided for in the payment descriptions above, payments for Services are
due 30 calendar days from date of invoicing, are stated in Canadian dollars and include any
fees, licenses and permits required for the performance of the Services, and exclude sales
and other taxes.
3. Overdue payments shall be subject to a late charge, calculated from the date of invoice to
the date of payment, equal to Eighteen Percent (18%) per annum calculated monthly. The
foregoing shall in no way limit any other remedy that may be available to WHESC.
4. Purchaser’s obligations to WHESC to pay in full all amounts owed to WHESC as of the
termination or expiration of this Agreement shall survive the termination for any reason or
expiration of this Agreement.
5. Pricing is based off an exchange rate of 1.34 UDS to 1.00 CAD. If the actual exchange rate at
the time of transaction is different than this rate, a credit or debit will be issued in order to
correct to the actual exchange rate for each transaction.
Page 119 of 141
FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 6 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
F. Excluded Services
The following are specifically excluded from the Agreement:
1. Changes to the original design and configuration (alterations from “as commissioned”).
2. Application engineering and installation; correction of latent or discovered defects or
equipment failure due to application engineering, installation, settings and/or connections.
3. Operation of Covered Equipment on a day-to-day basis.
4. Usage/consumption of consumables outside the parameters of Capstone’s/WHESC’s
standard service intervals, unless otherwise specified in Exhibit 1.
5. Operation of Covered Equipment on a day-to-day basis.
6. Emissions testing or testing of exhaust gas.
7. Fuel analysis or laboratory analysis to confirm fuel composition.
8. Operator classroom training.
9. City, state, and/or federal permits, rebates, or incentive applications or filings.
10. Balance of plant equipment: WHESC will provide Services for the Covered Equipment listed
in Exhibit 1 only, as may be amended by the parties from time to time in writing.
11. Using the VPSN, Vergent Power may provide remote monitoring service diagnostics as a
courtesy to the customer. The VPSN equipment is capable of monitoring additional Balance
of Plant equipment (i.e., anything outside of the housing and not included in the definition
of “Covered Equipment” set forth below), which may impact the successful operation of the
Covered Equipment under this Agreement. Under no circumstances is WHESC obligated to
provide any Services for Balance of Plant equipment or any other equipment that is not
listed as Covered Equipment.
12. Internet connection, service, maintenance, or hardware related fees.
13. Certain tooling required to support performing Services on the Covered Equipment, e.g.
assistive lifting devices, trucks, crane or forklift rentals, etc.
14. Any expenses resulting from failure to meet, or incurred as a result of correcting deficiencies
in order to meet, Service Conditions specified in Section C above.
15. Any expenses resulting from improper operation of Covered Equipment.
16. Any expenses resulting from Force Majeure events.
17. Any expenses resulting from power quality disturbances (e.g. sags, surges, and harmonics) in
grid-connected operation.
18. Any services requested by Purchaser which are determined, in WHESC’s sole discretion, to
be outside the scope of this Agreement.
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WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 7 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Pursuant to this Services Agreement (the “Agreement”), Purchaser hereby authorizes Whitby
Hydro Energy Services Corporation (“WHESC”) to provide the services described above (the
“Services”), including the provision of any necessary parts (the “Parts”), on the Capstone
Turbine generator systems, controls and/or accessories identified above (the “Covered
Equipment”) in accordance with and subject to the terms and conditions described above and
on the pages attached hereto.
1. Price of the Services, Payment Terms and
Scope of Services. The price, payment terms
and scope of services for each of the Services
(the “Scope of Services”) are set forth on the
cover pages of this Agreement. If repairs or
additional labor outside of the applicable Scope
of Services are determined to be necessary and
the required repairs are authorized by
Purchaser, then (i) additional labor and other
costs and expenses will be billed by WHESC to
Purchaser at the then effective Factory
Protection Plan Service Flat Rate Schedule and
the then effective WHESC Service Rates, as such
terms and provisions are revised by WHESC from
time to time, and (ii) Parts will be billed at the
then prevailing WHESC List Price, and (iii)
mobilization costs and expenses will be without
charge so long as the labor is performed at the
same time scheduled maintenance is performed.
If labor is not performed at the same time of
scheduled maintenance, mobilization charges
will be as described in WHESC’s Service Rates.
2. Term. This Agreement shall continue in effect
for the term indicated in Section D of this
Agreement unless WHESC or Purchaser
terminates this Agreement by delivering to the
other party written notice in the event of: (i)
Purchaser’s breach of any material term or
condition of this Agreement; or (ii) Purchaser’s
failure to pay when due any amount owed by
Purchaser to WHESC under this Agreement,
within fifteen (15) days of when such payment is
due under the Agreement, and Purchaser fails to
cure such default within seven (7) days after
receiving written notification of default. If
Purchaser fails to pay when due any amount
owed by Purchaser to WHESC and this
Agreement is not terminated immediately by
WHESC, WHESC may delay or cease performance
of Services under this Agreement until payment
in full is received or other payment
arrangements are agreed to, at WHESC’s sole
discretion. The foregoing does not limit or
restrict in any way WHESC’s right to terminate
this Agreement at any time following an event
described in this Section. In the event of a
termination by WHESC, Purchaser will forfeit all
amounts paid at the time of termination as a
true measure of the damages and not as a
penalty. Purchaser reserves the right to
terminate this Agreement without cause, and in
such event shall pay WHESC for all services
performed through the date of termination or
forfeit all amounts paid at the time of
termination, whichever is greater as a true
measure of the damages and not as a penalty.
If this agreement is terminated by Purchaser
between years Five (5) through Nine (9), there will
Page 121 of 141
FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 8 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
be a charge to Purchaser for the engine
replacement that was performed during the
40,000 hour service at current market value.
3. WHESC’s Services; Warranty. WHESC
agrees that it will comply with applicable laws
and regulations relating to its provision of the
Services and such Services will be provided in a
professional and workmanlike manner
consistent with the applicable Scope of Services
and with generally accepted industry standards
and practices with regard to the type of services
provided hereunder. WHESC and Capstone
provide the warranties with respect to Parts and
labor provided by WHESC and Capstone for the
applicable Covered Product (the “Service-
Related Warranties”). Notwithstanding any term
contained in a Service-Related Warranty or this
Agreement to the contrary, any and all Service-
Related Warranties expire upon the completion
of the Services.
4. Purchaser’s Representations. Purchaser
represents, warrants, and covenants that: (i) it
has the right, power, and authority to enter into
this Agreement and to perform fully its
obligations hereunder; (ii) the making of this
Agreement does not violate any agreement
existing between it and any other person or
entity; (iii) it has obtained or will obtain all
licenses and permits necessary for WHESC to
perform the Services; (iv) all information
provided by Purchaser to WHESC related to the
Services and its ability to pay for the Services is
complete and accurate; (v) it will arrange for
WHESC’s access to the facilities where the
Covered Equipment is located as needed to
perform the Services; and (vi) it will perform all of
its obligations under this Agreement to the
reasonable satisfaction of WHESC.
5. Purchaser’s Obligations. In addition to all
other obligations stated in this Agreement, when
requested, Purchaser shall provide WHESC with:
(i) records and information concerning the
Covered Equipment; and (ii) any special tools or
instruments needed for the Covered Equipment
which Purchaser already possesses. Purchaser
shall designate an authorized representative
who shall be available to WHESC at all times
while WHESC is performing the Services on
Purchaser’s premises. Purchaser agrees that
the Scope of Services excludes all trade labor
work and any supervision, management or
regulation of Purchaser’s employees, agents or
contractors and work related thereto, and it does
not include responsibility for planning,
scheduling, monitoring or management of the
work to be performed by Purchaser. Purchaser
agrees that any written or oral reports and
advice provided by WHESC to Purchaser in
connection with the provision of Services shall be
utilized solely by Purchaser and shall not be used
or conveyed by Purchaser to any third party.
6. Disclaimer. EXCEPT AS SET FORTH IN
SECTION 3, THE SERVICES ARE PROVIDED ON AN
“AS IS” BASIS AND NO OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY ARE GIVEN
FOR THE SERVICES, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGMENT OR
FITNESS FOR A PARTICULAR PURPOSE AND
INCLUDES ANY IMPLIED WARRANTIES UNDER
THE SALE OF GOODS ACT AND ALL SUCH
WARRANTIES ARE EXPRESSLY DISCLAIMED.
7. Limitation of Liability in General.
7.1 THE EXCLUSIVE REMEDY OF PURCHASER
UNDER THIS AGREEMENT SHALL BE THE:
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Page 9 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
CORRECTION OF NON-CONFORMITIES OF
SERVICES; THE CORRECTION OF NON-
CONFORMITIES OF PARTS; OR AS OTHERWISE
PROVIDED IN THE SERVICE-RELATED WARRANTY.
7.2 Independent of, severable from, and to be
enforced independently of any other enforceable
provision of this Agreement, WHESC and/or
CAPSTONE SHALL NOT BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF
ANY KIND, OR FOR LOST GOODWILL, LOST
PROFITS, LOST BUSINESS, COST OF COVER OR
OTHER INDIRECT ECONOMIC DAMAGES, AND
FURTHER INCLUDING INJURY TO PROPERTY,
WHETHER SUCH CLAIM IS BASED ON THEORIES
OF CONTRACT, WHESC’S and/or CAPSTONE’S
NEGLIGENCE, TORT (INCLUDING STRICT
LIABILITY), AS A RESULT OF BREACH OF ANY
WARRANTY OR OTHER TERM OF THIS
AGREEMENT, OR OTHERWISE WITH RESPECT TO
ANY NON-CONFORMANCE OF OR NON-
CONFORMITY OR DEFICIENCY IN THE SERVICES
OR PARTS, REGARDLESS OF WHETHER WHESC
and/or CAPSTONE HAD REASON TO KNOW OR IN
FACT KNEW OF THE POSSIBILITY OF SUCH
DAMAGES. Purchaser shall indemnify, defend
and hold WHESC and Capstone harmless from
and against all costs, fees (including lawyers’
fees), losses, liabilities and expenses related to
any personal injury, damage, or death related to
Purchaser’s improper use or operation of the
Covered Equipment, including, without limitation,
those costs, losses, liabilities and expenses
resulting from any product liability claim, to the
extent such claim involves improper use or
operation of the Covered Equipment.
7.3 The limitations of WHESC and/or Capstone’s
obligations and Purchaser’s remedies, as
provided for in this Section, shall prevail over any
conflicting or inconsistent provisions contained
in any of the documents comprising this
Agreement or any other document issued by
Purchaser hereto or in any conflicting or
inconsistent statement made by any
representative of WHESC and/or Capstone,
except to the extent that such provision or
statement further limits WHESC and/or
Capstone’s liability.
7.4 The rights, remedies and obligations of the
Parties set forth in this Agreement, together with
the attached exhibits, are the exclusive rights,
remedies and obligations of the Parties
hereunder and are in lieu of any other right,
remedy, or obligation available at law or in
equity.
8. Dispute Resolution. Any disputes and claims
arising out of this Agreement or any document
referenced herein shall be settled by negotiation
between the Parties. If such negotiations are
unsuccessful, the matters in dispute shall be
settled by arbitration. Such arbitration shall be
conducted by a single arbitrator in accordance
with the Arbitrations Act. The award of the
arbitrator shall be final and binding on the
Parties. The arbitrator shall be entitled to fix and
determine expenses and legal costs in favour of
the successful Party. The arbitration shall be
held at the Town of Whitby.
9. Confidential Information, Intellectual
Property Rights. Purchaser shall not, directly or
indirectly, modify or disassemble for the purpose
of reverse engineering any Covered Equipment
or components thereof. All intellectual property
rights and confidential information relating to
the Covered Equipment, and any information
provided by Capstone/WHESC to Purchaser
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FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-12-TIL5 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 10 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
under this Agreement, shall remain the property
of Capstone/WHESC.
The parties and its respective directors, officers,
employees, agents and contractors during the
term of this Agreement shall treat as confidential
and secure all of the Purchaser’s Confidential
Information, meaning all confidential or
proprietary written, recorded, electronic or oral
information, knowledge, data or materials
provided (whether or not such confidentiality or
proprietary status is indicated orally, or whether
or not the specific words “confidential” or
“proprietary” are used) (the “Confidential
Information”) to the other party.
The parties acknowledge that a breach of its
confidentiality obligations will cause irreparable
damage and monetary damages are an
inadequate remedy. In the event of a breach or
threatened breach of the confidentiality
obligations set out in this section, the party
alleging the breach against the other party shall
be entitled to temporary and permanent
injunctive relief for the protection of its
confidential information.
The parties acknowledge that this Agreement
and any materials or information provided to the
Town through the performance of this
Agreement may be subject to disclosure by the
Purchaser pursuant to the Municipal Freedom of
Information and Protection of Privacy Act.
10. Miscellaneous.
10.1 Governing Law. This Agreement is
governed by the laws of the Province of Ontario
(as such laws are applied to contracts made and
performed entirely within Ontario, without
regard to Ontario’s conflicts of laws provisions)
and federal laws applicable to patents and
trademarks. The Parties agree that any claim or
proceeding arising out of this Agreement shall be
commenced in the City of Oshawa, Ontario.
10.2 Survival. All provisions of this Agreement
will survive its termination to the fullest extent
necessary to give the Parties the full benefit of
the bargain expressed in this Agreement.
Notwithstanding the foregoing, Purchaser agrees
that upon completion of the Services, any and all
Service-Related Warranties shall expire as of
such date.
10.3 Assignment. This Agreement may not be
assigned by Purchaser without the prior written
consent of Capstone/WHESC. WHESC may assign
this Agreement to an entity wholly-owned by
WHESC without the consent of Purchaser.
10.4 Severability. If any provision of this
Agreement or the terms and conditions set forth
herein is declared or found to be illegal,
unenforceable, or void, the remaining provisions
of this Agreement shall remain in full force and
effect, subject to the immediately following
provisions. In the event any provision of this
Agreement is declared or found to be illegal,
unenforceable or void, the Parties agree to
negotiate in good faith a substitute provision that
is legal and enforceable and is as nearly as
possible consistent with the intentions
underlying the original provision. If the
remainder of the Agreement is not materially
affected by such declaration or finding and is
capable of substantial performance, then such
remainder will be enforced to the extent
permitted by law.
10.5 Independent Review and Advice. Each
Party has full knowledge of the contents of this
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Page 11 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Agreement, its legal consequences and any and
all rights which each may have with respect to
one another. Each Party has had the opportunity
to receive independent legal advice with respect
to this Agreement and each Party enters into this
Agreement of its own free will. The Parties
expressly agree that there are no expectations
contrary to the Agreement and no usage of trade
or regular practice in the industry shall be used
to modify any of the terms and provisions of the
Agreement.
10.6 Entire and Sole Agreement. This
Agreement constitutes the complete agreement
with respect to the Services and supersedes all
prior or contemporaneous proposals,
agreements, representations, discussions and
literature, written or oral, concerning the
Services. This Agreement is not intended to
change or alter any of the rights, duties,
obligations, liabilities or limitations set forth in
any other agreements between the Parties. The
Parties’ obligations with respect to confidential
information, reverse engineering and/or trade
secrets shall be governed by, if applicable, the
Direct Sales Agreement, the End User License, or
any confidentiality agreements the Parties have
entered into.
10.7 Amendments. This Agreement may not be
modified or amended except in writing signed by
a duly authorized representative of each Party.
10.8 Force Majeure. Each Party’s performance
shall be suspended (other than the obligation to
pay monies due) for so long as such performance
is hindered by events beyond its reasonable
control (“Force Majeure”), such as, but not
limited to, riots, labor disputes of a general
nature, national or civil wars, insurrections,
rebellions, terrorist acts, embargoes, civil
disturbances, earthquakes, dispositions or
orders of governmental authority, acts of civil or
military authority, fires, strikes, delays in
transportation, inability to obtain necessary
labor, manufacturing facilities or materials from
usual sources and acts of God. Any delays
resulting from a Force Majeure shall extend the
time for performance correspondingly. If a
failure to perform results from a governmental
law, rule, regulation, disposition or order and the
affected Party is unable to perform, after making
reasonable efforts to comply, the matter shall be
deemed a Force Majeure.
10.9 No Third Party Beneficiaries. None of the
terms of this Agreement are intended to confer
to or benefit any person or entity other than the
Parties to this Agreement any rights, remedies or
other benefits under or by reason of this
Agreement.
10.10 Waiver. No waiver by either Party of any
term contained herein (or any breach thereof)
shall be effective unless it is in writing executed
by the party waiving such term (or any breach
thereof). No waiver shall be deemed or
construed as a further or continuing waiver of
any such term (or any breach thereof) on any
other occasion or as a waiver of any other term
(or any breach thereof) on the same or any other
occasion. The delay or failure of any Party in
providing written notice hereunder shall not
constitute a waiver by such Party of any default
or any further default under the Agreement.
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Page 12 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Whitby Hydro Energy Services
Corporation (WHESC):
Purchaser: Town of Tillsonburg
By:
Name:
Title:
Date:
By:
Name: Stephen B. Molnar
Title: Mayor
Date:
By:
Name: Donna Wilson
Title: Clerk
Date:
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FACTORY PROTECTION PLAN – END USER AGREEMENT
WHFS-18-09-001 WHESC CONFIDENTIAL
2073395.2 FPP Contract – rev. ______
Page 13 of 13 Customer Initials: ______
Whitby Hydro Energy Services Corporation
100 Taunton Road East, PO Box 59 Whitby ON L1N 5R8
Phone: (905) 668-5878 Email: info@whesc.ca
Web: www.whesc.ca
Whitby Hydro
Energy Services Corporation
Exhibit 1
Site Name /
Location
Description Manufacturer Model / Configuration
or Part Number
Serial Number Starting TRH
Town of
Tillsonburg
Community
Centre
Three (3) C65 ICHP
GC with Gaspacks
Capstone Turbine C65 HPNG GC ICHP GP 9644,
9645,
9646
Approx 5,300
Page 127 of 141
The Corporation of the Town of Tillsonburg
Cultural, Heritage and Special Awards
Advisory Committee
March 6, 2019
5:30 p.m.
Annex Board Room, 200 Broadway, 2nd Floor
MINUTES
Present:
Deb Beard, Rosemary Dean (Arrived at 6:01 p.m.), Penny Esseltine, Erin Getty, Carrie Lewis, James Murphy, Collette Takacs.
Absent with Regrets:
Terry Fleming, Vernon Fleming.
Also Present:
Amelia Jaggard, Legislative Services Coordinator
Patty Phelps, Culture and Heritage Manager/Curator
1. Call to Order The meeting was called to order at 5:30 p.m.
2. Adoption of Agenda
Resolution #1
Moved by: Erin Getty Seconded by: Collette Takacs THAT the Agenda as prepared for the Cultural, Heritage and Special Awards
Advisory Committee meeting of March 6, 2019, be adopted.
Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
Proposed Resolution #2 Moved by: Erin Getty
Seconded by: James Murphy
THAT the Minutes of the Cultural, Heritage and Special Awards Advisory Committee
meeting of February 5, 2019, be approved. 5. Presentations/Deputations
Page 128 of 141
Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 3
Date: March 6, 2019
6. General Business & Reports 6.1. Election of Chair and Vice Chair Moved by: Collette Takacs
Seconded by: Erin Getty
THAT Collette Takacs be nominated for the role of Chair.
Carried Moved by: Carrie Lewis
Seconded by: Deb Beard
THAT Erin Getty be nominated for the role of Vice Chair.
Carried
6.2. Meeting location, dates and time
Moved by: Erin Getty
Seconded by: Deb Beard
THAT the Cultural, Heritage and Special Awards Advisory Committee meet on
the first Wednesday of each month at 5:30 p.m at the Corporate Office in Suite 203.
Carried
6.3. Terms of Reference
Discussed Terms of Reference.
6.4. Set goals for term
To promote the Cultural Grant Program through traditional advertisement and
social media promotion. Staff to look into social media promotion options.
To promote the Volunteer of the Month Award.
To bring this item forward to the next meeting in order to allow for more
discussion.
Citizen of the Year Award to be an item on the next Agenda.
6.5. Application for Consent and Minor Variance – St. Paul’s Manse (Attached)
Rosemary Dean arrived at 6:01 p.m.
Moved by: Erin Getty Seconded by: Carrie Lewis WHEREAS, The former St. Paul’s Manse, 38 Ridout Street, exterior of the
building is designated as a Heritage Building and protected under The Ontario
Heritage Act; and
WHEREAS, Any future owners of the former St. Paul’s Manse, 38 Ridout Street,
are required to comply with the Heritage Building designation requirements;
Page 129 of 141
Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 3 - of 3
Date: March 6, 2019
RESOLVED, That the Cultural, Heritage and Special Awards Advisory
Committee supports the application for consent to sever the former St. Paul’s Manse building from the St. Paul’s United Church property;
RESOLVED, That staff be requested to forward this resolution to the Oxford
County Planning Department.
Carried 6.6. Cultural Grant Application – Tillsonburg Thunder Senior AA Hockey Club
(Attached)
Staff to request additional information from the applicant in order to process the
application.
6.7. Ontario Senior of the Year Award (Attached)
Staff to create a news release requesting nominations for the Ontario Senior of
the Year Award with a deadline of April 1, 2019; this will allow time for the
committee to review nominations and make recommendation to Council in order
to meet the April 30, 2019 provincial deadline. The news release will be sent to committee members to share throughout the town.
Staff to request the news release to be posted on the Town website and social
media pages, as well as included in the March 13th, March 20th, and March 27th
newspaper.
7. Correspondence
8. Other Business
9. Next Meeting
Wednesday, April 3, 2019 at 5:30 at the Corporate Office in Suite 203.
10. Adjournment
Resolution #3 Moved by: Erin Getty
Seconded by: Deb Beard
THAT the March 6, 2019 Cultural, Heritage and Special Awards Advisory Committee
meeting be adjourned at 6:26 p.m. Carried
Page 130 of 141
The Corporation of the Town of Tillsonburg
Recreation and Sports Advisory Committee
March 7, 2019
5:00 p.m.
Annex Board Room, 200 Broadway, 2nd Floor
MINUTES
Present:
Don Baxter, Eugene Todd, Susie Wray, Carrie Lewis, Chris Parker
Absent with Regrets:
Dace Zvanitajs, Jeff Vanrybroeck, Kim Sage
Also Present:
Amelia Jaggard, Rick Cox, Rebecca Turrill, Margaret Puhr
1. Call to Order
The meeting was called to order at 5.03p.m by Amelia Jaggard, Legislative Services
Coordinator;
Introductions
2. Adoption of Agenda
Resolution #1
Moved by: Don Baxter
Seconded by: Eugene Todd
THAT the Agenda as prepared for the Recreation and Sports Advisory Committee
meeting of March 7, 2019, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
N/A
5. Presentations/Deputations - none
6. General Business & Reports
6.1. Orientation conducted by Amelia Jaggard
6.2. Election of Chair
Eugene Todd nominated by Susie Wray, seconded by Don Baxter – carried
Vice-Chair
Susie Wray nominated by Eugene Todd, seconded by Chris Parker – carried
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Committee: Recreation & Sports Advisory Page - 2 - of 2
Date: March 7, 2019
6.3. Meeting location, dates and times:
Commencing in May meeting will be held at Corporate office, 7:00pm, second
Wednesday of the month, except July, August and December unless necessary.
April’s meeting will be held on April 11th at 7:00pm.
6.4. Terms of Reference – circulated, to be reviewed at the next meeting.
6.5. Setting goals – chair requested the director to describe expectations of the
department: programming as per committee advice; aquatic facilities and their
future; recreation master plan as established in the past, it has been almost 10
years since review and update/redo the master plan and propose the new
changes to the council; 2022 is the 150th anniversary of Tillsonburg which
presents opportunity to define a legacy. The committee will be provided with
master plan(s) and other pertinent information for review and develop a set of
priorities. Further discussion at April 11th meeting. Members will be asked to
identify their goals/priorities.
6.6. Summary of previous initiatives: Sports Hall of Fame has been a big focus;
recommendations to the staff on programming; uses of community centre;
wayfinding of community centre; Dog Park and Memorial Park Revitalization
sub-committees; skate park; pickleball; splash pad; parking and accessibility;
parks, which is now role of another committee.
6.7. Hall of Fame 2019 – background provided by Rebecca Turrill, per memorandum
circulated prior to the meeting.
6.8. Council request for feedback per circulated memo – the water park will operate
in 2019 as it had in 2018, also the future of Summer Place and Rowing Club
facility are being sought for input from the committee. Background information
will be provided in terms of surveys, proposals and conceptual plans for
committee’s review.
7. Correspondence - none
8. Other Business - none
9. Next Meeting: Thursday April 11, 2019 at 7:00pm, Suite 203, Corporate Office
10. Adjournment
Resolution #2
Moved by: Don Baxter
Seconded by: Chris Parker
THAT the March 7, 2019 Recreation and Sports Advisory Committee meeting be
adjourned at 6:16 p.m.
Carried
Page 132 of 141
The Corporation of the Town of Tillsonburg
Parks, Beautification and
Cemetery Advisory Committee
March 7, 2019
9:00 a.m.
Suite 203, 200 Broadway, 2nd Floor
MINUTES
Present: Paul Wareing, Bob Marsden, Marian Smith, Christine Nagy, Ken Butcher,
Donna Scanlan, Maurice Verhoeve, Penny Esseltine & Sue Saelens.
Absent with Regrets: Mike Dean
Also Present: Corey Hill
1. Call to Order
The meeting was called to order at 9:00 a.m.
2. Adoption of Agenda
Resolution #1
Moved by: Bob Marsden
Seconded by: Sue Saelens
THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory
Committee meeting of March 7, 2019, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
Proposed Resolution #2
Moved by: Christine Nagy
Seconded by: Marian Smith
THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes
of February 7, 2019, be approved.
Carried
5. Presentations/Deputations
5.1 Cemetery Master Plan – Rick Cox, Director of Recreation, Culture & Parks.
Rick Cox, Director of Recreation, Culture & Parks with the Town of Tillsonburg,
presented as information an overview of the 2014 Cemetery Master Plan
including updates that were completed in 2018 to the Columbaria & Scattering
Garden areas.
Page 133 of 141
Committee: Parks, Beautification and Cemetery Advisory Committee Page - 2 - of 3
Date: March 7, 2019
6. General Business & Reports
6.1. Keep Tillsonburg Beautiful/Trails Festival Event – Sue Saelens
Sue Saelens, Chair of the Keep Tillsonburg Beautiful/Oxford Trails Festival Event
Sub-Committee, provided the Committee with an overview of the plan for the
event. The event is recommended as taking place on June 2, 2019, from 1230-
1600hrs at the Trail Entrance on north Broadway Street (south of North St) & the
north Tillson Ave Trail Entrance (south of North St). The Sub-Committee is
pursuing multiple activities to occur that day including an equestrian information
session, a birds of prey presentation, yoga/exercise, guided trail walks, trail
clean-up, tree planting & the official unveiling of a memorial bench for the late
Town Councillor Brian Stephenson.
Proposed Resolution #3
Moved by: Bob Marsden
Seconded by: Maurice Verhoeve
THAT the date, time, location and planned activities for the Keep Tillsonburg
Beautiful/Oxford Trails Festival Event be approved AND that the Sub-Committee
continue working on the event planning.
Carried
6.2. Horticultural Society – Christine Nagy
On behalf of the Tillsonburg Horticultural Society, Christine Nagy presented an
update on the Society’s Commercial Beautification Program. The program
currently has 28 participating businesses with 43 planters being ordered. There
is still a chance to submit additional orders. Christine also advised that the
Society has secured multiple donors to offset the material costs for the Town of
Tillsonburg’s Downtown Flower Urns which is apart of the Town’s Parks
Department’s in-house Beautification Program.
6.3. Oxford County Surplus Lands Public Consultation Meeting Update - Corey
Hill
Corey Hill, Committee Staff Liaison, provided information on the Oxford County
Public Consultation meeting that was held on February 27 at 7pm in County
Council Chambers located at the Oxford County Administration Building at 21
Reeve Street in Woodstock. The meeting was well attended and multiple
speakers addressed County Council both in support of and in opposition to the
surplus lands designation. Following the public consultation portion of the
meeting, County Council approved the surplus lands designation.
6.4. Budget Update – Corey Hill
Corey Hill, Committee Staff Liaison, provided an update on the current status of
Town’s capital and operational budgets. Budgets were approved on February
28, 2019. Corey then reviewed Parks & Cemetery specific budget items that
were approved and not approved. Part of the discussion focused on the
Cemetery Scattering Gardens that was not approved to proceed as a capital
Page 134 of 141
Committee: Parks, Beautification and Cemetery Advisory Committee Page - 3 - of 3
Date: March 7, 2019
budget item in 2019. Penny Esseltine shared that Council wanted more
information on the Scattering Gardens before approving that kind of expenditure.
Proposed Resolution #4
Moved by: Bob Marsden
Seconded by: Sue Saelens
THAT the committee strike a sub-committee to gather more information on the
operations of a scattering garden AND that this information be shared with
Council for future consideration.
Carried
6.5. Bylaws (#4001 & #3640) – Corey Hill;
Corey Hill, Committee Staff Liaison, distributed copies of the Cemetery Bylaw
(#3640) and the Tree Bylaw (#4001) for the committee to review and discuss
potential amendments at a future meeting.
7. Correspondence
None
8. Other Business
None
9. Next Meeting
Thursday, April 4, 2019, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting
room.
10. Adjournment
Resolution #5
Moved by: Christine Nagy
Seconded by: Marian Smith
THAT the March 7, 2019 Parks, Beautification and Cemetery Advisory Committee
meeting be adjourned at 9:58 a.m.
Carried
Page 135 of 141
The Corporation of the Town of Tillsonburg
Accessibility Advisory Committee
March 12, 2019
2:00 p.m.
Annex Board Room, 200 Broadway, 2nd Floor
MINUTES
Present:
Cindy Allen, Mike Cerna, Erin Getty, Michael Kadey, Pete Luciani, Margaret McCrimmon, Peter Staley
Also Present:
Amelia Jaggard, Legislative Services Coordinator
Emily Xuereb, Deputy Chief Building Official
1. Call to Order
The meeting was called to order at 2:00 p.m.
2. Adoption of Agenda Resolution #1
Moved by: Peter Staley
Seconded by: Margaret McCrimmon
THAT the Agenda as prepared for the Accessibility Advisory Committee meeting of
March 12, 2019, be adopted. Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
Proposed Resolution #2
Moved by: Pete Luciani
Seconded by: Mike Cerna
THAT the Accessibility Advisory Committee Meeting Minutes of February 13, 2019, be approved. Carried
5. Presentations/Deputations 6. General Business & Reports 6.1. Set goals
Research available accessibility grants.
Undertake accessibility review of Town owned playground equipment.
Page 136 of 141
Committee: Accessibility Advisory Committee Page - 2 - of 2
Date: March 12, 2019
Undertake accessibility review of Town owned facilities that are open to the
public.
Undertake accessibility review of the Tillsonburg Community Centre to evaluate
gender inclusiveness.
Research available accessibility education opportunities.
Discuss snow clearing methods.
Staff to provide a list of Town owned buildings which are open to the public.
Staff to find information regarding the last accessibility review of Town owned
buildings conducted by the Accessibility Advisory Committee, and information
regarding the accessibility review of parking in the downtown area conducted by
the Accessibility Advisory Committee in the past term.
Staff to provide the Downtown Parking and Accessibility Study 2018.
Staff to determine if the Town has information on age demographics by
neighbourhood.
Motion
Moved by: Mike Cerna
Seconded by: Peter Staley
THAT the committee request the Director of Recreation, Culture and Parks, Rick
Cox, to attend the June 11, 2019 Accessibility Advisory Committee meeting to present to the committee with information regarding the Town’s plans for
playground equipment replacement and upcoming changes to the community
centre.
Carried. 7. Correspondence
8. Other Business
9. Next Meeting June 11, 2019 at 2:00 p.m. at the Corporate Office in Suite 203.
10. Adjournment
Resolution #3 Moved by: Erin Getty Seconded by: Pete Luciani
THAT the March 12, 2019 Accessibility Advisory Committee meeting be adjourned
at 2:50 p.m.
Carried
Page 137 of 141
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4281
A BY-LAW To Amend Schedule A of By-Law 4247, to Define the Mandate and
Membership for Committees Established By The Corporation Of The Town of
Tillsonburg.
WHERAS it is deemed necessary and expedient to amend Schedule A of By-Law 4247.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT Schedule A of By-Law 4247 be amended as attached hereto;
2. THAT these amendments to Schedule A of By-Law 4247 are hereby declared to
be part of that By-Law as if written therein.
3. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 25th day of MARCH, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MARCH, 2019.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Donna Wilson
Page 138 of 141
By-law 4281 Schedule A
Board/Committees Citizen Appointments
Mandate
Accessibility Advisory
Committee
Dr. Mark Dickson
Jeff Huber
To advise and make recommendations to Council on all matters with respect to the accessibility for persons with
disabilities to a municipal building, structure or premises.
Cultural, Heritage and
Special Awards
Advisory Committee
Dr. Mark Dickson
To advise and make recommendations to Council on all matters with respect to tourism and culture in the Town of Tillsonburg. To advise and make recommendations to Council on all matters related to properties of architectural and historical significance. To receive nominations and make recommendations to Council for the Citizen of the Year and
monthly awards. To provide commemorative naming options to Council.
Economic
Development
Advisory Committee
To advise on initiatives to attract and retain investment within the community.
To provide advice on:
• The Economic Development Strategy
• The Community Strategic Plan
• Annual Departmental Business Plan
To support the development of alliances and partnerships to advance the Town’s strategic plan and that assists in the
overall growth of the Town. To provide advice regarding existing and new bylaws that relate to/impact development within the community.
Memorial Park
Revitalization Advisory Committee
To advise and make recommendations and provide regular updates to Council on all matters with respect to the Memorial Park Revitalization Project.
Museum Advisory Committee
Joan Weston To make recommendations to Council on policies and procedures pertaining to the Museum. To participate in strategic
planning activities, initiate and participate in fundraising activities when and as needed, act as ambassadors for the museum within the community. To work with the Tillsonburg and District Historical Society regarding trust for artifact
purchases and to act as trustees for the restoration trust.
Parks, Beautification
and Cemeteries
Advisory Committee
To advise and make recommendations to Council on all matters with respect to the utilization and beautification of
public parks, trails, trees, green space and Tillsonburg cemeteries.
Recreation and Sports
Advisory Committee
Mike Cole To advise and make recommendations to Council on matters related to the programming and utilization of Tillsonburg’s
recreational facilities. To advise and make recommendations to Council on implementation of the Community Parks,
Recreation and Cultural Strategic Master Plan.
Tillsonburg Airport
Advisory Committee
To advise and make recommendations to Council on matters related to the Tillsonburg Regional Airport. To provide a
forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan and strategic initiatives and to provide a forum for dialogue and communication. Day to day operations of
the airport is the responsibility of Town staff.
Tillsonburg Transit Advisory Committee
The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the
governance oversite of the Town's service providers contract for transit and specifically the policies and procedures
related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on
conventional and mobility transit related issues with representation from all affected groups in the community. The
committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work
towards accomplishing.
Page 139 of 141
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 4282
A BY-LAW To establish and appoint members to the Property Standards
Committee by The Corporation of The Town of Tillsonburg.
WHEREAS the Property Standards Committee is established in accordance with
Section 15.6(1) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS The Town of Tillsonburg is desirous of establishing and appointing
members to the Property Standards Committee in accordance with Section 7 of By-Law
3638, for Prescribing Standards for the Maintenance and Occupancy of Property within
the Town of Tillsonburg.
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Town of Tillsonburg enacts as follows:
1. THAT the Property Standards Committee is hereby established;
2. THAT Doug Shwaluk, Paul Gyozo and David Keast, named herein, shall form the
Town of Tillsonburg Property Standards Committee for a three year term. Such
term shall expire on December 31, 2021 or until such time as the committee
members have been appointed for the next term;
3. THAT all members appointed hereby shall hold office at the pleasure of Council,
and the provisions of The Municipal Conflict of Interest Act, RSO. 1990, shall
apply;
4. THAT this committee shall adhere to the policies contained in the Town of
Tillsonburg Policy for Boards and Committees;
5. THAT By-Law 3959 is hereby repealed;
6. THAT this by-law comes into full force and effect upon the day of passing.
READ A FIRST AND SECOND TIME THIS 25th day of MARCH, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MARCH, 2019.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Donna Wilson
Page 140 of 141
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4284
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 25th
day of March, 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 March 25, 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 25th DAY OF MARCH, 2019.
READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF MARCH, 2019.
________________________________ MAYOR – Stephen Molnar
________________________________ TOWN CLERK – Donna Wilson
Page 141 of 141