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AGENDA Township of Adjala-Tosorontio
Regular Council Meeting Monday, February 11, 2019 @ 6:30 PM
Municipal Office Council Chambers
Page 1. CALL TO ORDER 2. ADOPTION OF THE AGENDA
Recommendation: That the agenda for the Council Meeting held on February 11, 2019 be adopted as presented.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF 4. ADDITIONS, DELETIONS OR AMENDMENTS 5. ADOPTION OF MINUTES 7 - 30
5.1.
Adoption of Minutes Recommendation: That the Minutes of the Special Council meeting of January 10, 2019 be adopted as presented; and further That the Minutes of the Special Council meeting of January 14, 2019 be adopted as presented; and further That the Minutes of the Regular Council meeting of January 14, 2019 be adopted as presented. January 10 2019 Special Meeting Minutes January 14, 2019 at 530 pm January 14, 2019 at 630 pm
6. PRESENTATIONS / DEPUTATIONS
Page 1 of 165
31 - 33
6.1.
Deborra Cowen - Renewal of Body and Sole Class Deputation - D Cowen
34 - 35 6.2.
Joanne Gunn - Non-Resident Fees for Recreational Services Deputation - J Gunn
36 - 38 6.3.
Alex McKenzie - Half Load Exemption Request Deputation - A Mackenzie
39 - 43 6.4.
Phil Keogh - Fill Permit Request Deputation - P Keogh
7. PUBLIC MEETINGS 8. PUBLIC INPUT 9. UPCOMING EVENTS AND ANNOUNCEMENTS 10. REPORTS AND CORRESPONDENCE 10.1. General Government
Finance and Administration 44 - 48
10.1.1.
Treasury Report 2019-03 - 2019 Interim Tax Levying By-law That Treasury Report #2019-03 dated February 11, 2019 entitled “2019 Interim Tax Levying By-Law” be received; and further, That the accompanying By-Law to provide for the 2019 Interim Tax Levy and the mailing therefore be considered. TRE 2019-03, 2019 Interim Tax levy report
49 - 53 10.1.2.
Treasury Report 2019-06 2018 Statement of Council and Committee Remuneration That Treasury report 2019-06 dated February 11, 2019 regarding “2018 Statement of Council and Committee Remuneration” be received and filed as information. TRE 2019-06, 2018 Council Remuneration
54 - 57 10.1.3.
Treasury Report 2019-07 - Borrowing By-law
Page 2 of 165
That Treasury report 2019-07 dated February 11, 2019 regarding “2019 Borrowing By-law” be received; and further That a by-law for the 2019 Municipal borrowing be considered. TRE 2019-07, 2019 borrowing by-law
58 - 97 10.1.4.
Administration Report 2019-03 - Appointment of an Integrity Commissioner That Administration Report 2019-03 dated February 11, 2019 regarding “Appointment of an Integrity Commissioner” be received; and, That Council support the appointment of Principles Integrity as the Integrity Commissioner for the Township of Adjala-Tosorontio; and, That a by-law authorizing the appointment of Principles Integrity as the Integrity Commissioner be presented for consideration; and further, That the Mayor and Clerk be hereby authorized to enter into an agreement with Principles Integrity for provision of Integrity Commissioner services. ADM 2019-03 - Appointment of an Integrity Commissioner
98 - 105 10.1.5.
Administration Report 2019-04 - Council-Staff Relations Policy That Administration Report 2019-04 dated February 11, 2019 regarding “Staff-Council Relations Policy” be received; and, That the Council-Staff Relations Policy be adopted. ADM 2019-04 - Council-Staff Relations Policy
106 - 109 10.1.6.
Administration Report 2019-05 - Pregnancy and Parental Leave Policy for Members of Council That Administration Report 2019-05 dated February 11, 2019 regarding “Pregnancy and Parental Leave Policy for Members of Council” be received; and further That the Pregnancy and Parental Leave Policy for Members of Council be adopted. ADM 2019-05 - Pregnancy and Parental Leave Policy for
Page 3 of 165
Members of Council 10.2. Infrastructure and Development
110 - 120 10.2.1.
Infrastructure and Development Report 2019-04 - Grant Offers and Opportunities That Infrastructure and Development Report # 2019-04 dated Monday, February 11, 2019 entitled "2019 Grant Funding Offers and Opportunities" be received, and further; That Council authorize Staff to enter into a funding agreement with Employment and Social Development Canada under the 2018 Enabling Accessibility Fund – Community Stream to carry out the project entitled “Lisle Memorial Park – Accessibility Upgrades”, and further; That Council authorize Staff to enter into a funding agreement with Employment and Social Development Canada under the 2018 Enabling Accessibility Fund – Workplace Stream to carry out the project entitled “Municipal Office Accessibility Upgrades – Phase I”, and further; That Council authorize Staff to enter into a funding agreement with the Ontario Trillium Foundation to carry out the project entitled “Rosemont Park – Playground Equipment Replacements”. INF 2019-04 2019 Grant Funding Offers and Opportunities
11. NEW BUSINESS AND NOTICES OF MOTION 121
11.1.
Matthews House Hospice - Hike for Hospice - Fee Exemption Request Letter of Request Hike for Hospice
122 - 123 11.2.
Alliston & District Humane Society - Easter Egg Hunt - Fee Exemption Request ADHS - Facility Rental Fee Exemption Request
124 - 143 11.3.
County of Simcoe - Inter-municipal and Intra-hub Transit County of Simcoe ltr to Adjala-Tos re Transit
144 - 145 11.4.
Economic Development Committee - Terms of Reference Economic Development Committee Terms of Reference
Page 4 of 165
12. CONSIDERATION OF BILLS 146 - 147
12.1.
Bill 1906 - A By-law to authorize the temporary borrowing of monies to meet the current expenditures of the Township of Adjala-Tosorontio until taxes are collected and other revenues received That Bill 1906 be enacted as a By-law of the Township of Adjala-Tosorontio. By-law to Establish Temporary Borrowing
148 - 150 12.2.
Bill 1907 - 2019 Interim Tax Levying By-law That Bill 1907 be enacted as a By-law of the Township of Adjala-Tosorontio. 2019 Interim Tax Levying By-Law
151 12.3.
Bill 1908 - A By-law to appoint a Clerk and to repeal By-law 18-30 That Bill 1908 be enacted as a By-law of the Township of Adjala-Tosorontio. By-law to Appoint a Clerk
152 - 164 12.4.
Bill 1909 - A By-law to appoint an Integrity Commissioner for the Township of Adjala-Tosorontio That Bill 1909 be enacted as a By-law of the Township of Adjala-Tosorontio. By-law to Appoint Integrity Commissioner
13. UNFINISHED BUSINESS 14. CLOSED MEETING
14.1.
Personal matters about an identifiable individual, including municipal or local board employees
14.2.
Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Recommendation: That the Council of the Township of Adjala-Tosorontio convene in closed session in accordance with Section 239(2)(b) and (e) of the Municipal Act, 2001 as amended to consider personal matters about an identifiable individual, including municipal or local board employees;and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Recommendation: That Council reconvene in open session.
Page 5 of 165
Recommendation: That staff be directed to proceed as instructed in closed session.
15. CONFIRMATION BY-LAW 165
15.1.
Bill 1910 - A By-law to confirm the Proceedings of Council of the Township of Adjala-Tosorontio at its meeting held on January 14, 2019 Recommendation: That Bill 1910 to confirm the proceedings of Council at its regular meeting held February 11, 2019 be introduced a first, second and third time and enacted as a By-law of the Township of Adjala-Tosorontio. Confirming - February 11 2019
16. DATE OF NEXT MEETING
Monday, March 11, 2019 at 6:30 p.m. 17. ADJOURNMENT
Page 6 of 165
Township of Adjala-TosorontioSpecial Council Minutes
January 10, 2019 at 8:45 a.m.Council Chambers
Members Present: Mayor Floyd PintoDeputy Mayor Bob MeadowsCouncillor Scott W. AndersonCouncillor Annette BaysCouncillor Deborah Hall-ChanceyCouncillor Ronald O’LearyCouncillor Jonathan Pita (arrived at 8:49 a.m.)
Staff Present: Acting Clerk, Kathryn PearlTreasurer and Human Resources Director, Janet SherwoodDirector of Infrastructure and Development, Doug SitlandChief Building Official, Mike Giles
1. Call to Order
Mayor Pinto called the meeting to Order at 8:46 a.m.
2. Adoption of the Agenda
Resolution 19-01Moved by Deputy Mayor MeadowsSeconded by Councillor Bays
Resolved that Agenda Item 4.1. Building & By-law Enforcement Departmental Orientation be moved under New Business.
Carried
Resolution 19-02Moved by Councillor Hall-ChanceySeconded by Deputy Mayor Meadows
Resolved that the agenda for the Special Council Meeting held on Thursday, January 10, 2019 be adopted as amended.
Carried
3. Disclosure of Pecuniary Interest and the General Nature Thereof
None declared at this time.
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Special Council MinutesJanuary 10, 2019
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4. Presentations
4.1. 2019 Township Council Development Update – Ongoing Development Projects in Everett and Colgan
Josh Maitland from Greenland Consulting Engineers and John Easton of Golder & Associates were in attendance and gave a presentation regarding the development in Colgan (Tribute Homes). Mr. Maitland also delivered the second presentation on the development in Everett (Farsight Homes).
Others present who participated in the presentations and responded to questions from Council included Pat Becker, Susan Zucchero, Jean-Louis Gaudet, Lucy Stocko, Jim Hartman, Brian Goodreid, Gary Pearson and Bob Schickedanz.
Resolution 19-03Moved by Deputy Mayor MeadowsSeconded by Councillor Anderson
Resolved that the presentations regarding the ongoing development projects in Everett and Colgan be received.
Carried
5. Closed Meeting
5.1. Personal matters about an identifiable individual, including municipal or local board employees
5.2. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Resolution 19-04Moved by Councillor AndersonSeconded by Deputy Mayor Meadows
Resolved that the Council of the Township of Adjala-Tosorontio convene in closed session in accordance with Section 239(2)(b) and (e) of the Municipal Act, 2001 as amended to consider personal matters about an identifiable individual, including municipal or local board employees; to consider matters relating to labour relations or employee negotiations, and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
Carried
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Special Council MinutesJanuary 10, 2019
Page 3 of 9
Resolution 19-05Moved by Councillor BaysSeconded by Councillor Pita
Resolved that Council reconvene in open session.Carried
Resolution 19-06Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that staff be directed to proceed as instructed in closed session.Carried
Resolution 19-07Moved by Councillor Hall-ChanceySeconded by Councillor Bays
Resolved that Council recess at 3:20 p.m.Carried
Resolution 19-08Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that Council reconvenes at 3:27 p.m.Carried
Resolution 19-09Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that Council of the Township of Adjala-Tosorontio support the resolution passed by the Town of Mono on January 8, 2019 appointing Jason Runtas as the joint representative to the Toronto and Region Conservation Authority Board for the 2018-2022 term of Council.
Carried
Resolution 19-10Moved by Deputy Mayor MeadowsSeconded by Councillor Hall Chancey
Resolved that the following individual be appointed to the South Simcoe Streams Committee for the 2018-2022 term of Council:
Councillor Scott AndersonCarried
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Special Council MinutesJanuary 10, 2019
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Resolution 19-11Moved by Councillor BaysSeconded by Councillor Pita
Resolved that the following individuals be appointed to the Rosemont Fire Board for the 2018-2022 term of Council:
Mayor Floyd PintoDeputy Mayor Bob Meadows
Carried
Resolution 19-12Moved by Councillor BaysSeconded by Deputy Mayor Meadows
Resolved that the following individuals be appointed to the Recreation Services Review Committee for the 2018-2022 term of Council:
Councillor Annette BaysCouncillor Deborah Hall-ChanceyBarbara BricknellKrista TominiEstrella Pontes-PereiraWendy RowlandDavid Anderson
Carried
Resolution 19-13Moved by Councillor BaysSeconded by Councillor Pita
Resolved that the following individual be appointed to the Nottawsaga OPP Police Services Board for the 2018-2020 term:
Joy WebsterCarried
Resolution 19-14Moved by Deputy Mayor MeadowsSeconded by Councillor Bays
Resolved that the following individuals be appointed to the Property Standards for the 2018-2022 term of Council:
Councillor Ron O’Leary
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Special Council MinutesJanuary 10, 2019
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Councillor Jonathan PitaKristen PapkePatrick TonelliRobert Chancey
Carried
Resolution 19-15Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that the following individuals be appointed to the Physician Recruitment Committee for the 2018-2022 term of Council:
Councillor Scott AndersonSteve Humble
Carried
Resolution 19-16Moved by Councillor Hall-ChanceySeconded by Councillor Bays
Resolved that the following individual be appointed to the Nottawasaga Valley Conservation Authority Board for the 2018-2022 term of Council:
Deputy Mayor Bob MeadowsCarried
Resolution 19-17Moved by Councillor Hall-ChanceySeconded by Councillor O’Leary
Resolved that the following individual be appointed to the Museum on the Boyne Committee for the 2018-2022 term of Council:
Councillor Scott AndersonCarried
Resolution 19-18Moved by Councillor O’LearySeconded by Councillor Pita
Resolved that the following individual be appointed as Livestock Evaluator for the 2018-2022 term of Council:
Rachel FallsCarried
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Resolution 19-19Moved by Councillor O’LearySeconded by Deputy Mayor Meadows
Resolved that the following individuals be appointed to the Fenceviewers Committee for the 2018-2022 term of Council:
Glenn MasonJohn Greer
Carried
Resolution 19- 20Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that the following individuals be appointed to the Economic Development Committee for the 2018-2022 term of Council:
Councillor Annette BaysCouncillor Hall-ChanceyCouncillor Ronald O’Leary
Carried
Resolution 19-21Moved by Deputy Mayor MeadowsSeconded by Councillor O’Leary
Councillor Hall-Chancey declared a conflict as one of the appointees is her husband. Councillor Hall-Chancey did not participate in any discussion or vote on the matter.
Resolved that the following individuals be appointed to the Cemetery Board for the 2018-2022 term of Council:
Glenn MasonJohn GreerRobert ChanceyVaughn Thurman
Carried
Resolution 19-22Moved by Councillor PitaSeconded by Councillor Hall-Chancey
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Resolved that the following individuals be appointed to the Committee of Adjustment for the 2018-2022 term of Council:
Deputy Mayor Bob MeadowsCouncillor Deborah Hall-ChanceyElizabeth RogackiMargaret BricknellWill Koski
Carried
Resolution 19-23Moved by Councillor BaysSeconded by Councillor Hall-Chance
Resolved that the following individuals be appointed to the Audit Committee for the 2018-2022 term of Council:
Deputy Mayor Bob MeadowsCouncillor Deborah Hall-ChanceyCouncillor Jonathan Pita
Carried
Resolution 19-24Moved by Councillor PitaSeconded by Councillor Hall-Chancey
Resolved that the following individual be appointed to the Alliston and District Chamber of Commerce for the 2018-2022 term of Council:
Councillor Annette BaysCarried
6. New Business
6.1. Building & By-law Enforcement Departmental Orientation – Mike Giles, Chief Building Official, Director of Building and By Law
Resolution 19-25Moved by Councillor BaysSeconded by Councillor Pita
Resolved that the Departmental Orientation presentation from the Chief Building Official be received.
Carried
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6.2. Integrity Commissioner
Resolution 19-26Moved by Deputy Mayor MeadowsSeconded by Councillor O’Leary
That staff be directed to issue an RFQ for provision of Integrity Commissioner services to the Township; and further
That the Township review the option to use the County of Simcoe Integrity Commissioner.
Carried
6.3. Procurement Policy
Resolution 19-27Moved by Councillor BaysSeconded by Deputy Mayor Meadows
That staff be directed to conduct a review of the Procurement Policy TRE2014-03 as attached.
Carried
6.4. Disposal of Surplus Equipment Policy
Resolution 19-28Moved by Councillor BaysSeconded by Deputy Mayor Meadows
That staff be directed to draft a Disposal of Surplus Equipment Policy for review at a future Council meeting.
Carried
6.5. County of Simcoe – Future Recommendation of Diversion Days Event
Resolution 19-29Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that the correspondence from the County of Simcoe regarding future recommendation of Diversion Days Events be received; and
That Diversion Days events be discontinued.Carried
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7. Confirmation By-Law
Bill 1901 – A By-law to confirm the Proceedings of Council of the Township of Adjala-Tosorontio at its special meeting held on January 10, 2019
Resolution 19-30Moved by Deputy Mayor MeadowsSeconded by Councillor O’Leary
Resolved that Bill 1901 to Confirm the Proceeding of Council at its special meeting held January 10, 2019 be introduced a first, second and third time and enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
8. Date of Next Meeting
Monday, January 14, 2019 at 6:30 p.m.
9. AdjournmentThe meeting adjourned at 4:59 p.m.
Floyd Pinto, Mayor
Kathryn Pearl, Acting Clerk
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Township of Adjala-TosorontioMinutes of Special Council Meeting
January 14, 2019 at 5:30 p.m.Council Chambers
Members Present: Mayor Floyd PintoDeputy Mayor Bob MeadowsCouncillor Scott W. AndersonCouncillor Annette BaysCouncillor Deborah Hall-ChanceyCouncillor Ronald O’LearyCouncillor Jonathan Pita
Staff Present: Acting Clerk, Kathryn PearlChief Building Official, Mike GilesFire Chief, Ralph Snyder Director of Infrastructure and Development, Doug SitlandTreasurer and Human Resources Director, Janet Sherwood
1. Call to Order
Mayor Pinto called the meeting to order at 5:30 p.m.
2. Adoption of the Agenda
Resolution 19-31Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that the agenda for the Special Council Meeting held on January 14, 2019 be adopted as presented.
Carried
3. Disclosure of Pecuniary Interest and the General Nature Thereof
None declared.
4. Closed Meeting
4.1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
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Resolution 19-32Moved by Deputy Mayor MeadowsSeconded by Councillor Bays
Resolved that the Council of the Township of Adjala-Tosorontio convene in closed session in accordance with Section 239(2)(e) of the Municipal Act, 2001 as amended to consider matters relating to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
Carried
Resolution 19-33Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that Council reconvenes in open session.Carried
Resolution 19-34Moved by Councillor Hall-ChanceySeconded by Councillor Bays
Resolved that staff be directed to proceed as instructed in closed session.Carried
7. Confirmation By-Law
Bill 1906 – A By-law to confirm the Proceedings of Council of the Township of Adjala-Tosorontio at its special meeting held on January 14, 2019
Resolution 19-35Moved by Councillor PitaSeconded by Councillor Hall-Chancey
Resolved that Bill 1906 to Confirm the Proceeding of Council at its special meeting held January 14, 2019 be introduced a first, second and third time and enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
8. Date of Next Meeting
Monday, January 14, 2019 at 6:30 p.m.
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Special Council MinutesJanuary 14, 2019
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9. Adjournment
The meeting adjourned at 6:26 p.m.
Floyd Pinto, Mayor
Kathryn Pearl, Acting Clerk
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Township of Adjala-TosorontioMinutes of Regular Council Meeting
January 14, 2019 at 6:30 p.m.Council Chambers
Members Present: Mayor Floyd PintoDeputy Mayor Bob MeadowsCouncillor Scott W. AndersonCouncillor Annette BaysCouncillor Deborah Hall-ChanceyCouncillor Ronald O’LearyCouncillor Jonathan Pita
Staff Present: Acting Clerk, Kathryn PearlChief Building Official, Mike GilesFire Chief, Ralph Snyder Director of Infrastructure and Development, Doug SitlandTreasurer and Human Resources Director, Janet Sherwood
1. Call to Order
Mayor Pinto called the meeting to order at 6:31 p.m.
2. Additions, Deletions or Amendments
Resolution 19-36Moved by Councillor BaysSeconded by Deputy Mayor Meadows
Resolved that the agenda be amended to include a motion to address Bill 66 which is open for comment until January 20, 2019.
Carried
Resolution 19-37Moved by Deputy Mayor MeadowsSeconded by Councillor O’Leary
Resolved that the agenda for the Council Meeting held on January 14, 2019 be adopted as amended.
Carried
4. Disclosure of Pecuniary Interest and the General Nature Thereof
None declared at this time.
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Council MinutesJanuary 14, 2019
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5. Adoption of Minutes – December 4, December 7, December 10 and December 14, 2018
Resolution 19-38Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that Council suspend the rules of procedure to add a proposed amendment to the minutes of December 10, 2018 under Section 11, New Business.
Carried
Resolution 19-39Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that the minutes of the Inaugural Council meeting of December 4, 2018 be adopted as circulated; and further
That the minutes of the Special Council meeting of December 7, 2018 be adopted as circulated; and further
That the minutes of the Regular Council meeting of December 10, 2018 be adopted as circulated; and further
That the minutes of the Special Council meeting of December 14, 2018 be adopted as circulated.
Carried
6. Presentations/Deputations
6.1. Kim Woodland, CEO, Matthews House Hospice – Update
Ms. Woodland thanked Council for their ongoing support of Matthews House Hospice, in particular the use of the grounds for the annual Hike for Hospice event. Ms. Woodland gave a presentation regarding the Sanctuary at Home program and requested Council consider a $5,000.00 contribution to support this program which would benefit approximately 12% (200 people) from Adjala-Tosorontio. Ms. Woodland also requested that Council continue to support the annual Hike for Hospice event. An invitation was extended to Council to visit the Hospice at 131 Wellington Street, Alliston. Mayor Pinto thanked Ms. Woodland and indicated the request for support would be referred to budget for discussion at that time.
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Resolution 19-40Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that the deputation from Kim Woodland, CEO, Matthews House Hospice be received.
Carried
7. Public Meetings
Nothing at this time.
8. Public Input
Nothing at this time.
9. Upcoming Events and Announcements
Nothing at this time.
10. Reports and Correspondence
10.1. Protection to Persons and PropertyFire Protection, Building, Municipal Law Enforcement and Recreation
a) Fire Services Report 2019-01 – Memorandum of Understanding with the Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for Alternate Fuel Supply
Resolution 19-41Moved by Deputy Mayor MeadowsSeconded by Councillor Bays
Resolved that Fire Services Report #2019-01 dated January 14, 2019 entitled “Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for alternate fuel” be received; and further,
That a by-law to authorize the execution of an agreement with the Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for alternate fuel supply be considered.
Carried
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b) Fire Services Report 2019-02 – Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for Alternate Service Delivery Location
Resolution 19-42Moved by Councillor BaysSeconded by Councillor Hall-Chancey
Resolved that Fire Services Report #2019-02 dated January 14, 2019 entitled “Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for alternate service delivery location be received; and further,
That a by-law to authorize the execution of an agreement with the Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) for alternate service delivery location be considered.
Carried
10.2. General GovernmentFinance and Administration
a) Treasury Report 2019-01 – Application for Cancellation, Reduction or Refund of Taxes – 1097 Concession Road 4
Resolution 19-43Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that Treasury Report 2019-01 dated January 14, 2019 regarding “Application for Cancellation, Reduction or Refund of Taxes – 1097 Concession Road 4” be received; and further,
That Staff be authorized to write-off a residential tax adjustment of: $563.01 to the taxation roll for the property located at 1097 Concession Rd 4 under Section 357 of the Municipal Act 2001.
Carried
b) Treasury Report 2019-02 – Application for Cancellation, Reduction or Refund of Taxes – 8486 Nottawasaga River Road
Resolution 19-44Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
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Resolved that Treasury Report 2019-02 dated January 14, 2019 regarding “Application for Cancellation, Reduction or Refund of Taxes – 8486 Nottawasaga River Rd” be received; and further,
That Staff be authorized to write-off a residential tax adjustment of: $803.33 to the taxation roll for the property located at 8486 Nottawasaga River Rd under Section 357 of the Municipal Act 2001.
Carried
c) Administration Report 2019-01 – Joint Accessibility Advisory Committee Participation
Resolution 19-45Moved by Deputy Mayor MeadowsSeconded by Councillor Bays
Resolved that Administration Report 2019-01 dated January 14, 2019 regarding “Joint Accessibility Advisory Committee Participation” be received; and further,
That Council approve the Township of Adjala-Tosorontio joining the already established County of Simcoe, Township of Springwater and Township of Tay’s Joint Accessibility Advisory Committee to support the Township of Adjala-Tosorontio’s obligations under the Accessibility for Ontarians with Disabilities Act, 2005; and further,
That the Terms of Reference for the County of Simcoe, Township of Springwater and Township of Tay, Township of Oro-Medonte and Township of Adjala-Tosorontio’s Joint Accessibility Advisory Committee be adopted; and further
That Council appoint a Council Representative to the Committee; and
That staff be directed to advertise for Committee member; and further
That the necessary By-law be presented to Council at a future meeting to establish and appoint members to the Committee.
Carried
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d) Administration Report 2019-02 – Procedural By-law Review
Resolution 19-46Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that Administration Report 2019-02 dated January 14, 2019 regarding “Procedural By-law Review” be received; and further,
That Council direct staff to engage a Registered Parliamentarian and begin the review process; and further,
That a draft procedural by-law be presented to Council for review and approval at a future Council meeting; and further,
That Parliamentary training be conducted for Council and staff by the Registered Parliamentarian.
Carried
10.3. Infrastructure and Development
a) Infrastructure and Development Report 2019-01 – 2018 Traffic and Speed Assessment
Resolution 19-47Moved by Councillor AndersonSeconded by Councillor Hall-Chancey
Resolved that Infrastructure and Development Report # 2019-01 dated Monday, January 14, 2019 entitled "2018 Traffic and Speed Assessment" be received.
Carried
b) Infrastructure and Development Report 2019-02 – Structure 14 – Concession Road 3 – Tosorontio
Resolution 19-48Moved by Councillor AndersonSeconded by Councillor Pita
Resolved that the second paragraph of the motion, “That Staff be authorized to retain Greenland International Consulting Ltd. to provide professional services relating to the replacement of
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Structure 14 at an estimated cost of $48,616.00” be removed from the motion.
Carried
Resolution 19-49Moved by Councillor BaysSeconded by Deputy Mayor Meadows
Resolved that Infrastructure and Development Report # 2019-02 dated Monday, January 14, 2019 entitled "Structure 14 – Concession Road 3 – Tosorontio" be received.
Carried
c) Infrastructure and Development Report 2019-03 – Granular “A” Supply – 2018 and 2019
Resolution 19-50Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that Infrastructure and Development Report # 2019-03 dated January 14, 2019 entitled "Granular “A” Supply – 2018 and 2019” be received.
Carried
11. New Business and Notices of Motion
a) Everett Baseball Association – Booking Policy for Township Parks
Leo Losereit, President of the Everett Baseball Association was in attendance. Mayor Pinto invited Mr. Losereit to speak on the matter and to respond to Council’s questions.
Resolution 19-51Moved by Councillor AndersonSeconded by Deputy Mayor Meadows
Resolved that the Township amend the Facility Rental Application Form Policy Terms and Conditions to allow organizations, associations, and groups based in the Township and who volunteer their time and provide recreational sports within the Township first opportunity to reserve and book facilities; and
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That such organizations shall have until the last business day of March to submit an application and dates requested; and
That priority order shall be granted to organizations by historical usage of the facility; and further
That this resolution apply to the current year.Carried
b) Alliston & Area Physician Recruitment Committee – Introduction
Resolution 19-52Moved by Deputy Mayor MeadowsSeconded by Councillor Hall-Chancey
Resolved that the letter of introduction from the Alliston & Area Physician Recruitment Committee be received.
Carried
c) Alliston & District Snowmobile Club – Memorandum of Understanding
Resolution 19-53Moved by Deputy Mayor MeadowsSeconded by Councillor Anderson
Resolved that the Memorandum of Understanding from the Alliston & District Snowmobile Club be received; and further
That staff be directed to sign the memorandum of understanding.Carried
d) Stevenson Memorial Hospital – 2019 Fire & Ice Hospital Gala
Resolution 19-54Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that the correspondence from the Stevenson Memorial Hospital Foundation Gala Committee regarding the 2019 Fire & Ice Hospital Gala be received; and
That the cost of a table be shared with the Township of Essa at the Silver Sponsorship level.
Page 26 of 165
Council MinutesJanuary 14, 2019
Page 9 of 12
Carried
e) Amendments to Procedure By-law – Mayor Pinto
Matter deferred due to current review of the Procedural by-law.
f) Bill 66 – Councillor Bays
Resolution 19-55Moved by Councillor BaysSeconded by Deputy Mayor Meadows
Resolved that Council of the Township of Adjala-Tosorontio does hereby submit the following Summary Comments to Bill 66 ERO Commenting Period of December 6, 2018 to January 20, 2019 ERO Number 013-4125 + ERO Number 013 – 4239:
That the Township of Adjala-Tosorontio is supportive of the general intent of Provincial initiatives to achieve all feasible efficiencies geared toward granting municipal and provincial approvals for economic development and job creation in Simcoe County; and further
That the Township of Adjala-Tosorontio does not support all matters in omnibus Bill 66 that relinquish collective provisions that would allow any Open-For-Business Bylaw (OFB-ZBL) to circumvent existing Provincial legislative provisions and existing Provincial Plan policy provisions enacted and approved by the Province to protect all environmental matters and natural heritage related resources and functions; and further,
That the Township of Adjala-Tosorontio does not support all matters in omnibus Bill 66 that relinquish collective requirements that would allow any Open-For-Business Bylaw (OFB-ZBL) to circumvent existing Provincial legislative provisions and existing Provincial Plan policy provisions enacted and approved by the Province to ensure an open and transparent planning process, including public enquiry, commenting and appeals procedures; and further
That the Resolution, if adopted by council, be submitted to Michael Helfinger, Senior Policy Advisor Intergovernmental Policy Coordination Unit (Economic Development, Job Creation and Trade) [email protected].
Carried
Page 27 of 165
Council MinutesJanuary 14, 2019
Page 10 of 12
g) December 10, 2018 Minutes – Resolution arising from Deputation regarding Gravel Pit Property – Councillor Hall-Chancey
No amendment to the resolution or minutes was made.
12. Consideration of Bills
12.1. Bill 1902 – A By-Law to authorize the execution of a memorandum of agreement between Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) and The Corporation of The Township of Adjala-Tosorontio for an alternate vehicle fuel supply
Resolution 19-56Moved by Deputy Mayor MeadowsSeconded by Councillor Pita
Resolved that Bill 1902 be enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
12.2. Bill 1903 - A By-Law to authorize the execution of a memorandum of agreement between Ministry of Community Safety and Correctional Services (Nottawasaga OPP Detachment) and The Corporation of The Township of Adjala-Tosorontio for an alternate service delivery location
Resolution 19-57Moved by Councillor AndersonSeconded by Deputy Mayor Meadows
Resolved that Bill 1903 be enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
12.3. Bill 1904 – A By-law to establish the powers and conditions for an officer conducting an inspection and exercising a power of entry onto land in the Township of Adjala-Tosorontio
Resolution 19-58Moved by Councillor AndersonSeconded by Councillor O’Leary
Page 28 of 165
Council MinutesJanuary 14, 2019
Page 11 of 12
Resolved that item 3.1. be amended to read, “An officer, after providing 24 hours notice”.
Carried
Resolution 19-59Moved by Deputy Mayor MeadowsSeconded by Councillor Anderson
Resolved that Bill 1904, as amended, be enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
13. Unfinished Business
13.1. Bill 1869 – A By-law to appoint an Interim Chief Administrative Officer
Resolution 19-60Moved by Councillor BaysSeconded by Councillor Hall-Chancey
Resolved that Bill 1869 be enacted as a By-law of the Township of Adjala-Tosorontio.
Defeated
14. Confirmation By-Law
Bill 1905 – A By-law to confirm the Proceedings of Council of the Township of Adjala-Tosorontio at its meeting held on January 14, 2019
Resolution 19-61Moved by Councillor PitaSeconded by Deputy Mayor Meadows
Resolved that Bill 1905 to confirm the proceedings of Council at its regular meeting held January 14, 2019 be introduced a first, second and third time and enacted as a By-law of the Township of Adjala-Tosorontio.
Carried
15. Date of Next Meeting
Monday, February 11, 2019 at 6:30 p.m.
Page 29 of 165
Council MinutesJanuary 14, 2019
Page 12 of 12
16. Adjournment
The meeting adjourned at 9:32 p.m.
Floyd Pinto, Mayor
Kathryn Pearl, Acting Clerk
Page 30 of 165
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Page 35 of 165
TOWNSHIPOF ADJALA-TOSORONTIOREQUEST TO APPEAR AS A DEPUTATION
(Please printclearmNAME: .4 I. M
/7(3)’ llctLl<.g,xz.t~,ADDRESS: —
893% '30 5 at F0-ad AtijalkPOSTAL CODE: TELEPHONE#:
(.9 A 11/3,E-MAILADDRESS:
Q("lFg3,:'gg?[r¥ (u k0}’,"‘I»1.(l3/\’\
I have never spoken on this issue before. Key points of my deputation are as follows:(A full deputation (letter) providing details must be signed and attached)
1753339739
if an individual appears as a deputation before Council, a further deputation from the same individualconcerning the same topic(s) will not be permitted unless there is signi?cant new information to bebrought fonrvard, subject to approval by the Mayor and Clerk. Speci?c new information must beidentified on this form and/or attached for approval.
I have spoken on this issue before. Specific new information I wish to submit is as follows: (pleasesign and attach full deputation) :
f
/x"
,/"J
Please identify the desired action of Council/Committee that you are seeking on this issue:
Requests to Appear before Council must be received in writing (and signed by at least one person) by
the Clerk before 12:00 p.m. (noon) on the Monday immediately preceding the scheduled Councilmeeting, complete with a copy of the presentation materials as detailed in the deputation protocol.Failure to provide the required information on time will result in a loss of privilege to appear as adeputation. Where the Monday is a statutory holiday, by 12:00 noon on the Friday prior to the holiday.
Page 1 of 4
Page 36 of 165
I wish to appear before Council on: "Q E» ll 93/9I have read and understand the deputation protocol on the back of this form; and, that the informationcontained on this form, including any attachments, will become public documents and listed onTownship Meeting Agendas.
I also understand that ‘presentationmaterials must be submitted with this deputation form. Electronicsigned presentations must be e-mailed to kpearI@ad'tos.ca no later than 12:00 p.m. (noon) on theMonday immediately preceding the meeting and where the Monday is a statutory holiday, by 12:00noon on the Friday prior to the holiday.
I also understand that if the materials contain any obscene or improper matter, language or does notmeet the requirements of the deputation protocol, the Mayor shall decide whether it should be includedin the agenda for a Council meeting and if not, Iwillbe notified.
/
/ I‘
X’ Q (. \ 3O (7?‘Signature Date
Please direct any queries to Kathryn Pearl, Clerk (705) 434-5055, ext. 263. Fax: (705)434-5051 e-mail [email protected].
Page 37 of 165
Deputation to Adjala-Tosorontio CouncilAlex MacKenzie
705 333 27348924 30 sideroad Adjala
l.9R [email protected]
I have never spoken on this issue before; key points of my deputation are as follows:
We are currently in the process of erecting a building at 8924 30 sideroad (building permit #158-18)
Due to unforeseen weather delays we have not been able to complete the structure in a timely mannerand are now just beginning to erect the walls.
It will take approximately 4~S weeks to have the building closed in and heated in order to remove frostand allow the concrete floor to be poured.
We are asking council to allow an amendment to By-Law No 14-11 (reduced load period for roads),which would allow the contractor (Glen Valley Construction) to facilitate delivery of Concrete betweenMarch 1st and March 30"‘,with regards to the following stipulations:
0 -Deliveries will follow a route from Hwy 89, to the 2"“concession, south to 30 sideroad, and eastto 8924. Approximately 1.5kms of Adja|a—Tosorontio roads, no bridges.
- -Maximum load weight to be not more then 38000kgs on 4 axles (approx. 9500kg/axle or 4.Stover weight)
0 —Maximumload number to be not more then 20 loads (split between 2-3 days)- —Deliveryto be accomplished when roads are still frozen, and able to support the
aforementioned weight limit0 —lfwarm weather occurs, we will delay delivery until the roads are frozen again, or until after the
reduced load limit has been lifted0 -Greenwood aggerates will be the concrete supplier and would require a written letter from the
township to allow them to legally deliver to this address, a copy of the letter would be carriedwith each truck during delivery.
Without the amendment, the completion of the building would not likely take place until June or July of2019, and would impact the efficiency of our farming operation that typically begins in late April andends in October.
Page 38 of 165
TOWNSHIP OF ADJALA-TOSORONTIOREQUEST TO APPEAR AS A DEPUTATION
I.(Please print cIea_I_'{y)NAME: 70*//I.KE($§_/4‘ADDRESS: . - , g 3
0
‘fl ta3 do/x/a.:5S/W Mr 7 , /.oi€E~r7'o J anPOSTAL CODE: TELEPHONE #: -1-6 /40 7o§—#‘34/-8°izsE-MAILADDRESS: ‘ . ./9/L({@/9/Lc(?nd jAd'I‘f‘L."L’orr\
l:have never spoken on this issue before. Key points of my deputation are as follows:(A full deputation (letter) providing details must be signed and attached)'1' Le JIVC/N Tb F/LL’- E/4.44 ’
/v 126/58 "#5
Q7’/L/7—A’/70/Vof; .</ A/V ‘ #1? AND EL/M/A//i/‘F (la/E EN/’ft/3 3 FE‘ 'oiu?M. 1’/rm H’ Foeesszwnévawgae I
:
£''xVl///3o Ma 4 J5 3Fé7" E E’/6/vc’ A 3 ?//Z>5</£5 /r“/’_)L
If an individual appears as a deputation before Council, a further deputation from the same individualconcerning the same topic(s) will not be pennitted unless there is signi?cant new information to bebrought fonivard, subject to approval by the Mayor and Clerk. Speci?c new information must beidenti?ed on this form and/or attached for approval. 4}77¢” /eéfgaf /5 V/kjé EI have spoken on this issue before. Speci?c new information I wish to submit is as follows: (pleasesign and attach full deputation)
Please identify the desired action of CouncillCommittee that ou are seeking on this issue:1» Egowbé 5 55.»: — amjezs E/icy/——/iséb El/I9-Lu/t?oru aF
- ‘£15’ or? M‘ 6 uesf
Requests to Appear before Council must be received in writing (and signed by at least one person) bythe Clerk before 12:00 p.m. (noon) on the Monday immediately preceding the scheduled Councilmeeting, complete with a copy of the presentation materials as detailed in the deputation protocol.Failure to provide the required information on time will result in a loss of privilege to appear as adeputation. Where the Monday is a statutory holiday, by 12:00 noon on the Friday prior to the holiday.
Page 1 of 4
Page 39 of 165
lwish to appear before Council on: F55K‘*4’/ZYH 7%1 015la;
l have read and understand the deputation protocol on the back of this fonn; and, that the informationcontained on this form, including any attachments, will become public documents and listed onTownship Meeting Agendas.
I also understand that presentation materials must be submitted with this deputation fonn. Electronicsigned presentations must be e-mailed to [email protected] no later than 12:00 p.m. (noon) on theMonday immediately preceding the meeting and where the Monday is a statutory holiday, by 12:00noon on the Friday prior to the holiday.
I also understand that if the materials contain any obscene or improper matter, language or does notmeet the requirements of the deputation protocol, the Mayor shall decide whether it should be includedin the agenda for a Council meeting and if not, I willbe notified.
E8KaMZ4%,$0”?Signature Date
Please direct any queries to Kathryn Pearl, Clerk (705) 434-5055, ext. 263. Fax: (705)434-5051 e-mail kgear|@aditos.ca.
Page 40 of 165
Phil Keogh, P. Eng.4163 Concession Road 7Loretto, ON LOG1L0(705) 434-8928
Request To Appear As ADeputation4”‘ February 2019
OVERVIEW
The farm at 2682 Adjala Tecumseth Townline has been the home of six (soon to be seven thisyear) consecutive generations of the Keogh family since the early 1800's. This rich heritage
spanning over two hundred years has been a source of family pride. As the current owner andcare-taker of the farm, my plan is to apply my 28 years of ProfessionalEngineering experience
to protect the land and operate the farm in an environmentally and socially responsible way toallow future generations of Keogh’s to thrive on this land for many years to come.
Since taking over the farm upon the death of my Father and assuming duty of care for my
Mother, I have taken measuresto improve the ef?ciency of the landuse through severalinitiatives. This includes the removal of two obsolete treed fence linesand the addition of
various tile drains that have increased the usable land. I have also begun a substantial addition
project to the original farmhouse allowing my Mother to live on one ?oor to accommodate her
current health. Upon completion of this project I willbe moving my family of eight to the farm
to live.
The final phase of our upgrade project is to further increase the land utilizationand to eliminate
a severe farming safety concern by changing the grade of portions of the North hill. At the
bottom of the North hillthere is a lowarea that accumulates substantial annual Spring runoffmaking it impossible to cultivate. To the South, at the top of the hill,the steep forty-five plus
degree slopes make the safe operation of farm equipment impossible. The plan is to scrape the
rich top soilfrom the affected areas, carefully import inspected class one agricultural ?ll, thenreapply the top soil.
Page 41 of 165
PROFESSIONAL CREDENTIALS
When I became a Professional Engineer, I obligated myself to the highest professionalism andhumility of my profession. My iron ring, which I wear to this day, is a symbol that re?ects my
moral, ethical and professional commitment. I started my engineering career as a projectmanager in Allistonwith a company called Baxter Corporation. We manufactured intravenoussolution bags according to the extremely strict clean room standards since these solutions wereultimatelydestined to go into a people's bloodstreams to save lives. After several successfulyears in this capacity I was promoted to the position of Environmental Manager and lead thecharge of attaining 100% environmental regulatory compliance at the Municipal,ProvincialandFederal levels. We received several Environmentalawards during this time and wererecognized as the top facility in BaxterCanadawith respect to the Environment.
I moved on to become the Director of Manufacturing and Distributionfor a Canadian company
called North Safety Products. Here I acquired experience in the development and distributionofsafety equipment designed to protect working people while they make a living at their variousplaces of employment. I am currently self—emp|oyedand operate severalbusinessesfrom my
home of?ce in order to personally give my wife and young childrenthe very best hours of eachand every day. My current businesses are in the ?elds of health and nutrition, as well as salesand online marketing.
DUE DILLIGENCE
My primary concern with the import of ?ll to my property is that it be 100% contaminant free.while others may claim to have a similar interest, it is my family that lives on this property anddrinks the well—water,currently, and for many years to come. For this reason, I ?rst contactedone of the partners at a leading environmentalconsulting company called MilestoneEnvironmental,specializing in soil remediation. I wanted to make sure that my project wouldbe air tight and never require the services of a ?rm such as this. They referred me to a leadingengineering consulting company called Stantec. The Vice President of Environmental Servicesreassured me that this project could easily be completed while meeting all my personal
concernsas well as maintaining complete environmental compliance. As Stantec typically
handles projects of a larger scope, they referred me to AzimuthEnvironmental Consulting, Inc.in Barrie.
Azimuthrequested a topographic survey of the proposed project area that I obtained through
the services of Geyer Surveys in Barrie. They then completed a full“EnvironmentalImpactStudy Related to Agricultural Grading/Filling"and made several key observations andconclusionsas summarizedby the following: (1) There are no portions of the property thatwould be considered regulated by the Nottawasaga Valley ConservationAuthority. (2) Thereare no “natural heritage” features. (3) The pattern of drainage/surface water ?ow across the
Page 42 of 165
site and onto adjacent lands will be unaltered as a result of this project. (4) Since the
graded/filledlands are to be tile drained likethe surrounding farmlands, there willbe no impact
to the in?ltrationdynamic of the property and hence no impact to ground water supplies. (5)
Since the imported materialused willconformto regulated standards, the proposed activity willnot impact the quality of water in?ltrated on—siteor discharged from the site as overland
flow/tiledrainage discharge. (6) The proposed grading/filling willresult in no direct or indirectimpacts to the quality or quantity of surface water (including that picked up in the tile drainage)
that is conveyed off of the existing farmlands toward regulated drainage features identified on
the adjacent lands. Therefore, the proposed activity willresult in no negative impacts tonatural heritage features or functions of adjacent lands. As the grading/filling impacts nofeatures regulated by the NVCA,no permitting appears necessary.
CONCLUSION
Having been born and raised in this community, I fullyappreciate the importance of maintaining
the highest standards of ethics and integrity while improving the ef?ciency of land cultivation onmy property. I believe that Adjala Tosorontio benefits by having a thriving farming community
that cares about the long—termview of this great land with whichwe have been entrusted. I
also believe that it is unacceptable to expect the farmers of this municipality to undertakeunnecessary risk to operate their equipment, and that there is a better solution than simply
wasting fertile land. Going forward I willcontinue to safeguard my family and neighbourhood
by working with this township to complete this project in a spirit of cooperation and mutualrespect.
Sincerely,
W/?e/5Phil Keogh, P.Eng.
705-434-8928
Page 43 of 165
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Appendix "A"
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THE CORPORATION OF THE TOWNSHIP OF ADJALA – TOSORONTIO
RESOLUTION OF COUNCIL
17-232
Date: Wednesday, June 7, 2017
Administration Report # 2017-26 Re: Appointment of Integrity Commissioner
A motion was made by Councillor Keenan, seconded by Councillor Pinto:
RESOLVED THAT Administration Report # 2017-26 dated June 7, 2017 entitled “Appointment of Integrity Commissioner” be received; and further,
THAT the County of Simcoe be advised of Council’s interest to participate in a Joint Integrity Commissioner (IC) agreement with the County; and further,
THAT the County of Simcoe be requested to pay any retainer associated with an Integrity Commissioner, if applicable.
Motion Carried
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BILL 1909
The Corporation of The Township of Adjala-Tosorontio
By-Law No. 19 –
A By-law to Appoint an Integrity Commissioner for the Township of Adjala-Tosorontio
Whereas the Municipal Act, 2001, as amended (the “Municipal Act”) provides that the powers of a municipal corporation are to be exercised by its Council through the adoption of by-laws; and
Whereas the Municipal Act authorizes the Township to establish codes of conduct for members of Council and to appoint an Integrity Commissioner who reports to Council; and
Whereas Township of Adjala-Tosorontio Council has adopted a Code of Conduct ADM 2016-02 and
Whereas an Integrity Commissioner is responsible for performing in an independent manner the functions assigned by the municipality; and
Whereas by March 1, 2019, the Municipal Act, pursuant to Part V.1, Accountability and Transparency, will oblige all municipalities in Ontario to appoint an integrity Commissioner to perform the following functions:
1. The application of the code of conduct for members of council and thecode of conduct for members of local boards.
2. The application of any procedures, rules and policies of themunicipality and local boards governing the ethical behaviour ofmembers of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict ofInterest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advicerespecting their obligations under the code of conduct applicable to themember.
5. Requests from members of council and of local boards for advicerespecting their obligations under a procedure, rule or policy of themunicipality or of the local board, as the case may be, governing theethical behaviour of members.
6. Requests from members of council and of local boards for advicerespecting their obligations under the Municipal Conflict of Interest Act.
Schedule "B"
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7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act; and
Whereas by the adoption of resolution ________ Council deems it expedient to appoint Principles Integrity, through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski, as the Township of Adjala-Tosorontio’s Integrity Commissioner to perform the functions, powers and duties recited above and as may be set out in the Municipal Act from time to time. Now Therefore Be It Resolved That the Council of the Corporation of the Township of Adjala-Tosorontio hereby enacts as follows: 1. That Principles Integrity through its principals Jeffrey A. Abrams and Janice
Atwood-Petkovski is hereby appointed as the Township of Adjala-Tosorontio’s Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act.
2. That upon appointment Principles Integrity will have all the functions, powers and
duties of an integrity commissioner as set out in Part V.1, Accountability and Transparency, of the Municipal Act, and in addition such functions, powers and duties as may be assigned by Council from time to time.
3. That the Township of Adjala-Tosorontio hereby indemnifies and save harmless
the Integrity Commissioner or any person acting under the instructions of the Integrity Commissioner for costs reasonably incurred in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a function, duty or authority under Part V.1 of the Municipal Act, or a by-law passed thereunder, or an alleged neglect or default in the performance in good faith of the function, duty or authority.
4. That all actions taken and required to be taken by the Mayor and Clerk on behalf
of the Corporation of the Township of Adjala-Tosorontio to complete this matter including the execution of the Agreement and any other associated documentation are hereby authorized, confirmed and ratified.
5. That, notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time and finally passed this 11th day of February, 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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THIS PROFESSIONAL SERVICES AGREEMENT is made as of ____ day of February, 2019
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO
(hereinafter called the "Township")
- and -
PRINCIPLES INTEGRITY, through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski
(hereinafter called the "Integrity Commissioner”)
Professional Services Agreement
WHEREAS Section 223.3 of the Municipal Act, 2001 authorizes the Township to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by legislation and by Council pursuant to that legislation; WHEREAS Township of Adjala-Tosorontio Council by the adoption of By-Law Number _______ appointed Principles Integrity as Integrity Commissioner commencing on March 1, 2019 for the term specified herein, to perform the duties and responsibilities of that office pursuant to the terms of the legislation and this Agreement; NOW THEREFORE, in consideration of the foregoing background, the covenants in this Agreement, and other good and valuable consideration (the receipt and adequacy of which are hereby acknowledged), the parties agree as follows:
1.1 Definitions In this Agreement, the following terms shall have the following meanings: "Advice" means a request by Township Council or a Member of Council, or a Member of a local board of the Township, requesting the Integrity Commissioner to provide a general or specific interpretation of: (i) obligations under the Code of Conduct applicable to the Member; (ii) obligations under a provision of any procedure, rule or policy of the
municipality or local board of the municipality, as the case may be, governing the ethical behaviour of Members;
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(iii) obligations under the Municipal Conflict of Interest Act. "Agreement" means this Agreement; "Clerk” means the Township’s Clerk, or his/her designate; "Code of Conduct" means any code of conduct adopted or amended from time
to time in respect of Members of council or of a local board of the municipality, but excludes any code of conduct applying to staff of the municipality;
"Complaint" is a request asking the Integrity Commissioner to conduct an inquiry
into an alleged contravention of a Code of Conduct or of the Municipal Conflict of Interest Act (“MCIA”), or of a provision of any procedure, rule or policy of the Township or local board of the Township, as the case may be, governing the ethical behaviour of Members;
“Council” means the Council of the Township; “Member” means, respectively, a Member of the Council of the Township of Adjala-
Tosorontio, or a Member of a local board of the Township.
1.2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and as may be amended from time to time, and shall be treated in all respects as an Ontario contract.
2.0 Duties
2.1 Subject to and in accordance with applicable legislation and the terms of this
Agreement, the Township retains the Integrity Commissioner to carry out the duties of the position in an independent manner, and the Integrity Commissioner agrees to assume this role and carry out the role of the Integrity Commissioner as it may be defined from time to time in legislation and as otherwise contemplated by this Agreement.
2.2 The role of the Integrity Commissioner includes the following duties:
a. to provide advice on the application of the Code of Conduct, and on the
Township’s policies, procedures, protocols and rules relating to the ethical conduct of Members, and the Municipal Conflict of Interest Act;
b. to conduct inquiries in response to a complaint regarding whether a
Member has contravened the Code of Conduct, Township policies, procedures, protocols and rules relating to the ethical conduct of Members,
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or sections 5, 5.1. or 5.2 of the Municipal Conflict of Interest Act; c. to provide opinions on policy matters and make other reports to Council as
requested on issues of ethics and integrity; d. upon request by the Township, to provide educational information and
training to Council, to Members and to the public on matters related to the Code of Conduct and issues of ethics and integrity and to the Municipal Conflict of Interest Act;
e. to provide general information to members of the public, on request, about
the Code of Conduct, complaint protocols and the availability of complaint resolution services or referrals;
f. to maintain custody and control of the Integrity Commissioner’s complaint
and inquiry files and, on completion of his or her term of appointment, to transfer open files relating to ongoing matters to the incoming Integrity Commissioner appointed by Council;
g. to provide such other services respecting ethical and integrity matters as
assigned by Council or as may be required by the Municipal Act, 2001, and h. to provide an annual report to Council respecting the advice, education and
investigations carried out in the previous year, and developments or recommendations of significance related to the role of the Township’s Integrity Commissioner.
2.3 The Integrity Commissioner shall perform the duties expeditiously in an
independent and professional manner, in compliance with all applicable laws. For greater certainty, the Integrity Commissioner is entitled to establish such procedures, practices, protocols and policies to support the performance of the Integrity Commissioner’s duties in a manner which best serves the public interest.
2.4 The Township shall provide public access to the Code of Conduct through its web
site. The Township shall also provide information about the Code of Conduct, the role of the Integrity Commissioner and the complaint process on its website. The Integrity Commissioner's duties do not include development of a website or similar public information, but any concern surrounding appropriate dissemination of information relevant to the duties of the Integrity Commissioner may be forwarded to the Clerk for consideration. Review of website content does not constitute part of the Integrity Commissioner’s duties, unless specifically requested to do so by the Township.
2.5 The Township may in writing at any time after the execution of this Agreement or
the commencement of the duties of the Integrity Commissioner, delete, extend, vary or otherwise alter the Code of Conduct and the duties forming the subject of this Agreement. The Township shall consult with the Integrity Commissioner prior
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to changing the duties. The Integrity Commissioner shall have the option of terminating this Agreement in accordance with the termination provisions outlined in this Agreement if the scope of the duties is materially altered without the Integrity Commissioner’s consent.
2.6 The Integrity Commissioner will not issue any media release, public
announcement or public disclosure relating to this Agreement or the subject-matter of this Agreement without the prior written consent of the Township except that this provision will not preclude the Integrity Commissioner from responding where the Integrity Commissioner’s Report has been provided publicly to Council.
3.0 Fees
3.1 Commencing on March 1, 2019, the Township shall pay the Integrity
Commissioner an annual retainer of $1000.
3.2 The Township shall pay the Integrity Commissioner a block fee of $1600 per day for attendance, including preparation, at any meeting of Council or a local board for the purpose of conducting training or education.
3.3 For the performance of the remaining duties under this Agreement, the Township
shall pay the Integrity Commissioner an hourly rate of $230, to be billed monthly, subject to:
a. a cap of $3000 in respect of the initial preparation or review of any
applicable Code of Conduct and related protocols; and b. the Integrity Commissioner apprising the Township with an explanation
when the fee for investigations will exceed $5000 in a single month;
3.4 As travel to Township offices will be required from time to time, the Integrity Commissioner will consider auto and rail transportation services, subject to what is most feasible in terms of timing. The Township shall reimburse the Integrity Commissioner for the actual cost of rail transportation, and auto transportation at the following rate: $ 0.54 per km
3.5 Where overnight accommodation is required, the Township will reimburse the
reasonable cost of such accommodation. Other reasonable disbursements will be reimbursed at cost and receipts are required before payment is made.
3.6 Should the Integrity Commissioner require a meeting space at the Township, the
Clerk will make arrangements to provide such space in a Township facility on an as needed and as available basis. All such requests will be arranged by the Clerk. In arranging for such space, the Township will be mindful of the importance of confidentiality. The Integrity Commissioner may request space in another facility where the space offered could, in the opinion of the Integrity Commissioner give rise to confidentiality concerns and the Township will make all reasonable efforts to accommodate such requests in a timely fashion.
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3.7 Any reports prepared by the Integrity Commissioner shall be provided to the Clerk who will be responsible for printing and distributing the Integrity Commissioner's report at the expense of the Township.
3.8 The Integrity Commissioner shall submit monthly invoices for services performed. 3.9 Payments to the Integrity Commissioner will be by cheque, Electronic Funds
Transfer or such other method as the parties may agree to from time to time. 3.10 The Integrity Commissioner shall not seek reimbursement from the Township for
any costs incurred by him/her which are not specifically set out in this Agreement, unless such costs are pre-authorized in writing by the Clerk.
3.11 The Township shall pay the amount of any invoice submitted in accordance with
this Agreement within 30 days of the date of receipt. 4.0 Confidentiality
4.1 During the term of this Agreement, pursuant to Subsection 223 .1 of the Municipal
Act, 2001, the Integrity Commissioner is entitled to have access to all books, financial records, electronic data, processing records, reports, files and any other papers, things or property belonging to or used by the municipality that the Integrity Commissioner believes to be necessary for an inquiry.
4.2 The Integrity Commissioner and every person acting under the instructions of the
Integrity Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of carrying out any of the duties of the Integrity Commissioner under this Agreement, except as required by law in a criminal proceeding or in accordance with the provisions of Subsection 223.5(1) of the Municipal Act, 2001.
4.3 Pursuant to Subsection 223.5(3) of the Municipal Act, 2001, 4.2 prevails over
the Municipal Freedom of Information and Protection of Privacy Act. 4.4 Where the Integrity Commissioner reports to the Township that in his or her
opinion a Member has contravened the Code of Conduct, the Integrity Commissioner may disclose in the report such matters as in the Integrity Commissioner's opinion are necessary, subject to applicable law.
4.5 If the Integrity Commissioner, when conducting an inquiry, determines that
there are reasonable grounds to believe that there has been a contravention of any other Act, including the Criminal Code of Canada, the Integrity Commissioner will refer that portion of the matter to the appropriate authorities and suspend an inquiry of that portion of the matter until any resulting police investigation and charge has been finally disposed of, and shall report the suspension to Council.
4.6 Except as may be required by law, the Integrity Commissioner shall not disclose
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confidential information that was the subject of a closed meeting under Section 239 of the Municipal Act, 2001, or which could identify a person concerned.
5.0 Indemnity and Insurance
5.1 The Township shall indemnify and save harmless the Integrity Commissioner
or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under Part V.1 of the Municipal Act or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority.
5.2 Except as provided for in 5.1, each party will indemnify and hold harmless the
other party, its successors, assigns, councillors, officers, directors, agents, partners, representatives, and employees from and against any and all liabilities, losses, damages, costs, expenses, actions, claims, and demands whatsoever, including reasonable attorneys’ fees, arising from any negligent or willful act or omission by itself, its employees, representatives or agents in connection with this Agreement. In no event will the parties be liable for any indirect damages hereunder.
5.3 During the term of this Agreement, the Integrity Commissioner shall procure,
maintain and keep in force, professional liability or errors and omissions insurance of not less than $5 million.
5.3 The insurance as required under subsection 5.3 shall not be terminated,
cancelled or materially altered unless written notice of such termination, cancellation or material is given by the insurers to the Township at least thirty (30) clear days before the effective date thereof. Any revisions must be submitted to the Clerk for approval.
6.0 Term and Termination. 6.1 This agreement shall be effective on March 1, 2019 and expire <Termination
Date> unless otherwise terminated by either party in accordance with the terms of this Agreement.
6.2 Either party may terminate this Agreement by giving thirty (30) calendar days’
notice in writing. Upon receipt of such written notice, the Integrity Commissioner shall not, without the consent of Council, perform any further duties other than those reasonably necessary to close out the Integrity Commissioner's duties. In such an event, the Integrity Commissioner shall be entitled to payment for those duties rendered and disbursements incurred to the date of such termination.
6.3 This Agreement may be extended or renewed upon mutual agreement of the
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Parties. 6.4 Upon termination of this Agreement, the Integrity Commissioner shall
forthwith deliver all material and documentation related to any investigations underway to the Township's next Integrity Commissioner, and all such material and documentation shall become the property of the new Integrity Commissioner of the Township. In the event of the Township not having contracted the services of a new Integrity Commissioner, upon termination of this Agreement, the Integrity Commissioner shall make arrangements with the Clerk to transfer the material and documentation related to ongoing investigations in such a manner that satisfies the Integrity Commissioner's concerns respecting the confidentiality of the records, while allowing their use for the purposes that they were created.
6.5 The Integrity Commissioner will maintain complete and accurate records of
supporting documentation for all amounts billable to and payments made by the Township under this Agreement and of the Integrity Commissioner’s performance hereunder and will retain such records for a period equal to a minimum of five (5) years following the end of the calendar year during which the relevant complaint file was closed. During the Term of this Agreement and any subsequent periods for which the Integrity Commissioner is required to maintain these records, the Integrity Commissioner will, upon reasonable notice from the Township, make these records available to the Township and its authorized agents and representatives during regular business hours.
6.6 The Integrity Commissioner shall retain all other records and documentation
relating to its duties for a period of seven years following the earlier of the finalization of a matter or termination of this agreement.
6.7 The Integrity Commissioner will cooperate with the Township and /or its
designee in fulfilling reasonable requests made in connection with the Township’s internal vendor due diligence and audit functions and will regard to examinations by regulatory authorities.
7.0 Integrity Commissioner's Representation & Warranties
7.1 The Integrity Commissioner represents and warrants to and in favour of the
Township and acknowledges that the Township is relying thereon as follows: 7.2 The Integrity Commissioner has full power and authority and has obtained all
necessary approvals to execute, deliver and perform this Agreement. 7.3 The Integrity Commissioner's execution, delivery and performance of this
Agreement shall not constitute:
a. a violation of any judgment, order or decree; b. a material default under any material contract by which it or any of its
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material assets are bound; or c. an event that would with notice or lapse of time, constitute such a
default.
7.4 The obligations and services of the Integrity Commissioner hereunder will be performed in a professional manner consistent with the highest industry standards reasonably applicable to the performance of such obligations.
7.5 The Integrity Commissioner does not have any conflicts of interest that would
interfere with carrying out the duties under this Agreement. Without limiting the generality of the foregoing, the principals of the Integrity Commissioner specifically acknowledge that they:
a. are not employees of the Township; b. do not have a financial interest in any matters involving the Township; c. do not have an interest in matters before Township of Adjala-
Tosorontio Council or in any work undertaken by the Township; d. do not have and never have had, any involvement in the municipal
politics of the Township.
7.6 The Integrity Commissioner will be impartial and neutral and shall perform all duties skillfully, competently, independently and in accordance with all applicable law.
8.0 Conflicts
8.1 Subject to 8.2 the Integrity Commissioner may after first advising the Clerk
and Members of Council in writing of such delegation, delegate certain duties, including the exercise of powers under the Municipal Conflict of Interest Act or the Public Inquiries Act, and the duty to report on an inquiry, in circumstances where both principals of the Integrity Commissioner become aware of a private interest in a matter that conflicts or could be perceived to conflict with the proper administration of the Integrity Commissioner’s role. The Integrity Commissioner recognizes and agrees that it has been selected by the Township to perform its duties based on the unique qualifications of its principals, and so any delegate will have qualifications, experience and expertise necessary to perform the duties to the same standard as the Integrity Commissioner. For greater certainty, the Integrity Commissioner will not assign or subcontract all or any portion of this Agreement without the prior written consent of the Township.
8.2 Upon receipt of a notice in writing from the Integrity Commissioner pursuant
to section 8.1, the Clerk may request the Integrity Commissioner to remove themselves from an investigation/inquiry or to stop any further work on a matter, in which case, the Integrity Commissioner shall immediately make arrangements to transfer all related documentation to the Clerk as soon as possible. In that case, the Clerk may retain another person to conduct the
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investigation/inquiry or to carry on the work in question in place of the Integrity Commissioner, as the Clerk deems appropriate.
9.0 General
9.1 The Integrity Commissioner is appointed pursuant to Subsection 223.1 of the
Municipal Act, 2001 and as such is responsible for performing the duties under this Agreement in an independent manner. The Integrity Commissioner may be identified publicly as the Township’s Integrity Commissioner however the Integrity Commissioner is an independent contractor and shall not be considered at any time to be an agent or employee of the Township.
9.2 Where in this Agreement any notice is required to be given or made by either
party to this Agreement, it shall be in writing and is effective if delivered in person, sent by ordinary or registered mail, or email addressed to the other party for whom it is intended at the following addresses, and any notice shall be deemed to have been given:
a. if delivered personally, on the date of such delivery; b. if by ordinary mail, on the second business day following the date of
mailing; c. if by registered mail, on the day the postal receipt is acknowledged by
the other party; d. if by email, on the day it is acknowledged by reply e-mail.
9.3 Any notices intended for the Township shall be delivered and addressed to:
The Corporation of the Township of Adjala-Tosorontio Office of the Clerk Attention: Kathryn Pearl, Clerk 7855 Sideroad 30 Alliston ON L9R 1V1 Phone: 705-434-5055 ext 263 Email: [email protected]
9.4 Any notices intended for the Integrity Commissioner shall be delivered and
addressed to:
Principles Integrity 30 Haddon Street, Toronto, ON M5M 3M9 Attention: Jeffrey A. Abrams and Janice Atwood-Petkovski Tel No.: 647-259-8697 Email: [email protected]
9.5 The address of either party may be changed by notice in the manner set out
in this section.
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9.6 This Agreement may only be changed or amended in writing duly executed by the duly authorized representatives of both parties.
9.7 In the event of a breach of any provision of this Agreement by one party to
this Agreement, no action or failure to act by the other party shall constitute a waiver of any right or duty afforded by that party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any such breach, except as may be specifically agreed to in writing by the party that is not in breach.
9.8 If any of the provisions of this Agreement shall be illegal or invalid, such
illegality or invalidity shall not render the whole agreement illegal or invalid, but the Agreement shall be construed as if it did not contain the illegal or invalid provision{s), and the rights and obligations of the parties shall be construed and enforced accordingly.
9.9 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of the Agreement and supersede all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written, unless they are expressly incorporated by additional reference in the Agreement.
9.10 Articles 4 and 5 shall survive upon termination of this Agreement. 9.11 Time shall be of the essence in all respects of this Agreement. 9.12 Each of the parties hereby covenants and agrees to execute and deliver such
further and other agreements, assurances, undertakings, acknowledgements or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their vote and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part hereof.
9.13 Any dispute, difference or disagreement between the parties in relation to this
agreement may, with the consent of Council and the Integrity Commissioner, be referred to arbitration. No person shall be appointed to act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the duties or in the business or other affairs of either the Township or the Integrity Commissioner. The determination of the arbitrator shall be final and binding upon the parties.
9.14 This Agreement may be signed in counterparts, each of which is an original,
and all of which taken together constitute one single document.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as
Page 96 of 165
duly attested to by the hands of their proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) ) ) ) ) I/We Have the Authority to Bind ) the Corporation ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO ____________________________ Floyd Pinto Mayor ____________________________ Kathryn A. Pearl Clerk
PRINCIPLES INTEGRITY ___________________________ Jeffrey A. Abrams Co-Principal ___________________________ Janice Atwood-Petkovski Co-Principal
Page 97 of 165
Page 98 of 165
Page 99 of 165
THE CORPORATION OF THE TOWNSHIP OF ADJALA – TOSORONTIO
COUNCIL-STAFF RELATIONS POLICY
POLICY # ADM 2019-01
ENACTED BY COUNCIL: February 11, 2019 MOTION NUMBER:
REVISED BY COUNCIL: MOTION NUMBER:
1 PURPOSE This policy provides guidance on how the Township of Adjala-Tosorontio ensures a respectful, tolerant and harassment-free relationship and workplace between members of Council and the officers and employees of the municipality.
2 BACKGROUND Section 270(1) 2.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality shall adopt and maintain a policy with respect to the relationship between members of Council and the officers and employees of the municipality.
3 SCOPE This policy applies to all members of Council and all officers and employees of the Corporation of the Township of Adjala-Tosorontio.
4 DEFINITIONS “Chief Administrative Officer” (CAO) shall mean the person or designate duly appointed by the Township of Adjala-Tosorontio as prescribed in Section 229 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
“Clerk” shall mean the person or designate duly appointed by the Township of Adjala-Tosorontio as prescribed in Section 228 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
“Council” shall mean the Members elected as the legislative body of the Township of Adjala-Tosorontio.
“Employee” is a paid employee who work for the Township on a permanent, part time or contract basis.
“Officers” is a paid employee in a Senior Management role who work for the Township on a permanent, part time or contract basis.
“Township” shall mean the Corporation of the Township of Adjala-Tosorontio.
Schedule "A"
Page 100 of 165
Page 2 of 6
5 RESPONSIBILITY Members of Council and officers and employees of the Township of Adjala-Tosorontio are required to adhere to this policy and its governing provisions, including the Council Code of Conduct ADM 2016-02, the Workplace Harassment Policy TRE 2018-02, the Workplace Violence Policy TRE 2018-03 and current Procedural By-law.
6 REQUIREMENTS The relationship between Members of Council and the officers and employees of the Township is guided by the following policies: 1. Council Code of Conduct
The Council Code of Conduct provides a standard for acceptable conduct for Members of Council in performing their role of representing the Township of Adjala-Tosorontio as a whole. Section 6.2, subsection 6.2.1 of the Council Code of Conduct relating to “General Standards of Conduct” states the following:
6.1.1 Members shall in exercising and discharging their Official Duties:
a) seek to advance the common good of the Township; b) truly, faithfully and impartially exercise their office to the best of
their knowledge and ability; c) exercise care, diligence and skill that a reasonably prudent
person would exercise in comparable circumstances; d) competently exercise their office by educating themselves either
formally or informally, in matters pertaining to their official duties.
e) when appointed to committees and other bodies as part of their duties, must make every effort to participate diligently in these bodies with good faith and care;
f) uphold the law and conduct oneself in a positive, professional, honest, ethical and fair manner;
g) not make statements known to be false or make a statement with the intent to mislead Council or the public;
h) not to undermine or damage a debate or decision or otherwise erode the authority of Council;
i) ensure discourse is appropriate and professional and shall refrain from inappropriate or offensive language and shall avoid personalities;
j) respect the role of staff in the daily conduct of operations of the Township;
k) respect the office of other Members; l) be respectful of the Corporation in all communications with the
public, media, and staff;
Page 101 of 165
Page 3 of 6
m) conduct oneself with appropriate decorum at all times in the community or when making presentations on behalf of the Township;
n) not bully, threaten, coerce, or otherwise harass, or intimidate staff, the public, or public agencies;
o) not engage in any form of slanderous, malicious, or demeaning communications regarding other Members, staff, or the public.
Section 6.16 relating to “Council and Staff Roles and Responsibilities” states:
6.16.1 Members are elected legislators and representatives of all constituents. Staff are responsible for implementing the decisions of Council and ensuring the efficient and effective operation of municipal services. Mutual respect and cooperation are required to achieve the Township’s corporate goals and implement the Council’s strategic priorities.
6.16.2 Staff are to recognize that Members have been duly elected to serve the Township as a whole and respect the role of Council in directing the actions of the Township.
6.16.3 Members are to be respectful of the role of Staff to advise based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council. Accordingly, no Member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of Staff, and shall show respect for the professional capacities of the Staff of the Township.
6.16.4 Council directs staff through its decisions as recorded in the minutes, resolutions and by-laws. Staff, under the direction of the Chief Administrative Officer, are responsible for implementing the decisions of Council and ensuring the efficient and effective operation of municipal services.
6.16.5 Only Council as a whole and no single Member has the authority to direct any Staff member to carry out a particular function, approve budget, policy, and other such matters, unless specifically authorized by Council. Members are, however, encouraged to contact Staff when they have questions or are seeking clarification about a report, service or program. Any such requests of Staff must align with services and information that would normally be available to any Township resident.
6.16.6 Members shall not compel Staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. Nor shall any Member use, or attempt to
Page 102 of 165
Page 4 of 6
use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any Staff member with the intent of interfering with that person’s duties.
6.16.7 Any questions or issues surrounding operational concerns or complaints, excluding basic issues shall be directed to the Chief Administrative Officer, who will then direct the questions or issues to the appropriate Department Head or Staff.
2. Workplace Harassment Policy
The Township of Adjala-Tosorontio recognizes that every person possesses basic human rights including the right to respect, dignity, and protection from all forms of harassment. The Township of Adjala-Tosorontio will adhere to the spirit and intent of all applicable legislation governing workplace harassment including, but not limited to, the Ontario Human Rights Code and the Occupational Health and Safety Act. The Township of Adjala-Tosorontio is committed to maintaining a workplace where all employees are treated with dignity and respect and will have zero tolerance of harassment towards its employees.
3. Workplace Violence Policy The Township of Adjala-Tosorontio recognizes that every person is entitled to a safe work environment that is free of violence and threatening behaviour. The Township will adhere to the spirit and intent of all applicable legislation governing workplace violence including, but not limited to, the Occupational Health and Safety Act and the Criminal Code. The Township is committed to maintaining a workplace where all employees are treated with dignity and respect. There will be zero tolerance of any form of workplace violence or threatening behaviour toward its employees.
4. Procedural By-law The Procedural By-law establishes rules, procedure and conduct within Council, Committees and Local Boards. Specifically, Section 4.5 “Public Decorum” states as follows:
Page 103 of 165
Page 5 of 6
Members of the public present during Council proceedings shall maintain order and shall not address Council except with the permission from the Chair.
Members of the public who display signs, placards, posters, clothing or other advertising devices, whether political or otherwise, that demonstrate a lack of respect for the formal nature of Council meetings may be requested, by the Chair to leave or remove these items. No person shall use indecent, offensive or insulting language or speak disrespectfully of Council as a whole, Member, Staff, Committee or Local Board Members. No member of the public shall applaud participants in debate or engage in conversation or other behaviour which is disruptive to the proceedings of Council. Any person, who is not a Member of Council, who contravenes any provision of this section, may be expelled from the meeting by the Chair or in accordance with the direction of Council. Section 7.2 titled “Members of Council – Staff, Committee and Local Board Members” states as follows: No Member shall use offensive words, gestures or speak with unparliamentary language in or against the Council as a whole, Member, Staff, Committee or Local Board Member. Section 8.9 titled “Question – Integrity of Staff” states as follows:
A Member, while asking questions through the Chair, shall at no time put into question Staff’s personal or professional integrity.
7 MONITORING/CONTRAVENTIONS The Human Resources Director or Designate shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the Human Resources Director or Designate shall notify: 1. In the case of officers and employees of the Corporation, the Chief
Administrative Officer; 2. In the case of Members of Council, the Integrity Commissioner.
Where there is a discrepancy between the Council-Staff Relations Policy and the Council Code of Conduct, the respective Code prevails.
Page 104 of 165
Page 6 of 6
8 AMENDMENTS
9 POLICY REVIEW
This policy will be reviewed as required.
Page 105 of 165
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Page 109 of 165
INFRASTRUCTURE AND DEVELOPMENT REPORT # 2019-04
TO: Mayor and Members of Council FROM: Doug Sitland, Director of Infrastructure and Development DATE: Monday, February 11, 2019 SUBJECT: 2019 Grant Funding Offers and Opportunities
RECOMMENDATION THAT Infrastructure and Development Report # 2019-04 dated Monday, February 11, 2019 entitled "2019 Grant Funding Offers and Opportunities" be received; and further, THAT Council authorize Staff to enter into a funding agreement with Employment and Social Development Canada under the 2018 Enabling Accessibility Fund – Community Stream to carry out the project entitled “Lisle Memorial Park – Accessibility Upgrades”; and further, THAT Council authorize Staff to enter into a funding agreement with Employment and Social Development Canada under the 2018 Enabling Accessibility Fund – Workplace Stream to carry out the project entitled “Municipal Office Accessibility Upgrades – Phase I”; and further, THAT Council authorize Staff to enter into a funding agreement with the Ontario Trillium Foundation to carry out the project entitled “Rosemont Park – Playground Equipment Replacements”; and further, THAT the Township’s required contribution of $70,000 for “Lisle Memorial Park – Accessibility Upgrades” be allocated from the Parks Improvement Reserve; and further, THAT the Township’s required contribution of $26,980 for “Municipal Office Accessibility Upgrades – Phase I” be allocated from the Building Assessment Upgrade Reserve. BACKGROUND Grant programs are a vitally important funding source for the Township. As such, the Infrastructure and Development Department strives to leverage grant funding for its capital projects wherever possible as a means of providing added value to the Township’s ratepayers. It is understood that this approach is supported by Council.
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Last month, the Department received notification that its applications for grant funding had been approved under the following programs:
• Enabling Accessibility Fund – Community Stream • Enabling Accessibility Fund – Workplace Stream • Ontario Trillium Fund – Capital Stream
This report provides details on all ongoing grant applications as information for the newly elected Council, however the recommendations contained herein pertain only to the three (3) grant applications with funding agreements pending at this time. The Federal Gas Tax Fund (GTF) and Ontario Community Infrastructure Fund (OCIF) Formula-based Component are permanent, non-competitive sources of funding and are not considered in this report. Furthermore, it should be recognized that the GTF and OCIF grants are not typically eligible for “stacking” with other funding offers. ANALYSIS AND DISCUSSION Details of the proposed projects eligible for grant funding in 2019 are listed below. These projects will be included in the Department’s Proposed 2019 Budget for discussion at a later date. A summary table is included in Attachment A for reference. While these projects and their outcomes may not have been established and prioritized by the present Council, it must be recognized that declining these funding offers may compromise the success of future applications submitted by the Township.
2018 Enabling Accessibility Fund – Community Stream Project Title: “Lisle Memorial Park – Accessibility Upgrades” Total Project Budget: $120,000.00 Grant Contribution: $50,000.00 Township Commitment: $70,000.00 (available in Parks Improvement Reserve) Required Completion Date: January 31, 2020 This project involves the installation of new accessible playground equipment and an accessible walkway in accordance with Ontario Regulation (O. Reg.) 413/12 under the Accessibility for Ontarians with Disabilities Act (AODA). The Township’s former Accessibility Advisory Committee identified this project as a priority in August 2016, however previous attempts to secure this funding were unsuccessful; the budgeted funds were subsequently transferred to reserves. With respect to the selection of playground equipment, the Department would provide recommendations to the appropriate committee responsible for the decision-making.
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An itemized budget breakdown is included in Attachment B for reference. Staff were recently advised that the application was accepted. At this time, Staff recommend that Council provide authorization to enter into the funding agreement.
2018 Enabling Accessibility Fund – Workplace Stream Project Title: “Municipal Office Accessibility Upgrades – Phase I” Total Project Budget: $61,300.00 Grant Contribution: $34,320.00 Township Commitment: $26,980.00 (available in Building Assessment Upgrade Reserve) Required Completion Date: January 31, 2020 This project involves the implementation of various accessibility upgrades to the Township’s Municipal Offices, including a 185 m2 expansion and accessibility retrofit of the east parking lot, and interior building upgrades including: the supply and installation of new exit signs, the re-installation of wall mounted equipment at accessible heights, the supply of accessible seating for public areas, the supply and installation of visual fire alarms, and the supply and installation of wayfinding signage. These initiatives are based on the comments and recommendations of the Accessibility Advisory Committee as set out in the Accessibility Facility Review Checklist dated May 25, 2017 and were established in consultation with the former Chief Administrative Officer. An itemized budget breakdown is included in Attachment C for reference. Staff were recently advised that the application was accepted. At this time, Staff recommend that Council provide authorization to enter into the funding agreement.
Ontario Trillium Foundation – Capital Stream Project Title: “Rosemont Park – Playground Equipment Replacements” Total Project Budget: $59,700.00 Grant Contribution: $55,900.00 Township Commitment: In-kind contribution valued at $3,800.00 Proposed Completion Date: July 1, 2019 The project involves the removal and replacement of the existing wooden play structure at Rosemont Park. Grant funding of $55,900 was approved for the purchase, delivery and installation of the new play structure. The Township is to provide the in-kind contribution of the services pertaining to the removals, site preparation and surface reinstatement, valued at $3,800. This would be carried out by Public Works Staff.
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There is no cash commitment required by the Township to carry out this project. As a requirement of the grant application, quotes have already been obtained from two playground equipment companies. Staff were recently advised that the application was accepted. At this time, Staff recommend that Council provide authorization to enter into the funding agreement.
Main Street Revitalization Initiative Project Title: “Everett Sidewalk Upgrades” Total Project Budget: $67,354.60 Grant Contribution: $47,354.60 Proposed Budget Allocation: $20,000.00 Required Completion Date: March 31, 2020 The project involves the partial replacement or rehabilitation of the existing sidewalk infrastructure within Everett, in accordance with O. Reg 413/12 under the AODA. The sidewalks are located alongside County Roads, and as such the County has been consulted to ensure that our scope of work would be strategically aligned with the County’s future capital plans. Furthermore, the County has indicated that they may be willing to undertake minor drainage improvements to gutters, spillways and swales as part of a concerted effort. There is no financial commitment required by the Township to receive this funding, however the proposed budget allocation will provide some flexibility in establishing the scope of work. A contractor will be selected through a competitive tender process.
National Disaster and Mitigation Plan – Intake 5 Project Title: “Flood Mapping, Mitigation Planning & Partial Implementation – Infrastructure Damage Reduction” Total Project Budget: $346,560.00 Contribution from Others: $233,280.00 Township Commitment: $113,280.00 Proposed Completion Date: March 31, 2020 Project details are provided in INF 2018-36, dated December 10, 2018.
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National Disaster and Mitigation Plan – Intake 5 Project Title: “Bridge 21 Embankment Stabilization” Total Project Budget: $190,000.00 Grant Contribution: $95,000.00 Township Commitment: $95,000.00 Proposed Completion Date: March 31, 2020 Project details are provided in INF 2018-38, dated December 10, 2018
2019 Canada Summer Jobs Project Title: “Infrastructure and Development Summer Students” Total Project Budget: $30,452.00 Grant Contribution: $12,880.00 Township Commitment: $17,572.00 Proposed Completion Date: March 31, 2020 The proposal involves hiring three (3) students in the Infrastructure and Development Department; two (2) students would assist with Operations & Maintenance activities similar to last summer, while one (1) student would be based in the Municipal Offices to support the development of Asset Management by undertaking condition assessments and assisting with database management. The application was submitted on January 22, 2019. Council will be updated at a later date, should the proposal be accepted. LEGAL IMPLICATIONS Provided that Council approval is obtained, a Staff member with legal authority would review and sign three (3) standard contracts in order to enter into the three (3) separate funding agreements. The Township would then be legally bound to the applicable terms and conditions of each grant funding agreement. FINANCIAL IMPLICATIONS
In order to carry out the three (3) recently accepted grant-eligible projects, Council must authorize (in principle) the associated financial commitments in the 2019 Budget. It is recommended that the Township’s contribution for the three (3) projects be met through the following reserves:
• Parks Improvement Reserve – Balance: $80,000.00
• Building Assessment Upgrade Reserve – Balance: $80,000.00
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Should Council accept Staff’s recommendations and authorize all three (3) pending grant offers, the Township would allocate a total of $96,980 from the Parks Improvement Reserve and Building Assessment Upgrade Reserve in order to receive an additional $140,220 in funding contributions (see Figure 1). Essentially, the Township would receive an additional $1.45 for every $1.00 invested in these projects – a 145% return on investment.
All other projects detailed in the “Analysis and Discussion” section of this report will be included in the Department’s Proposed 2019 Budget, for which detailed discussions will be held at a later date. POLICY IMPLICATIONS N/A COMMUNITY BASED STRATEGIC PLAN IMPLEMENTATION Quality of Life, Communication, Effective Governance CONSULTATIONS Former Accessibility Advisory Committee Eric Wargel – Former Chief Administrative Officer John Kolb – Supervisor of Operations and Maintenance Stewart Bryant – Building and Parks Maintenance
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NEXT STEPS
The government agencies responsible for administering the grant funding programs would like the Township to sign back the agreements as soon as possible. Provided that Council authorizes the Township to enter into these grant funding agreements, Staff will proceed to review and sign the legally binding agreements and carry out the projects as proposed. Given the required completion dates, all work should be carried out in the 2019 construction season. Moving forward, the Department is considering the following grant programs for future applications:
• Investing in Canada Plan – Rural and Northern Communities Stream • Investing in Canada Plan – Green Infrastructure Stream • Disaster Mitigation and Adaptation Fund – Intake 2 • 2019 Ontario Summer Experience Program
ATTACHMENTS Attachment “A” – 2019 Grant Funding Summary Table Attachment ‘B’ – Budget, Lisle Memorial Park Accessibility Upgrades Attachment ‘C’ – Budget, Municipal Office Accessibility Upgrades – Phase I CONCLUSION By leveraging grant funding from senior levels of government and allocating reserve funding to meet the Township’s commitment, these three (3) capital projects can be delivered with no additional burden on the tax-levy.
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Matthews House IHospice
Caring , . .Sharing ...Connecting
December 11, 2018
«
Members of CouncilTownship of Adjala-Tosorontio7855 Sideroad 30 Adjala, RR 1 Alliston, ON L9R 1V1
Good afternoon,
On behalf of Matthews House Hospice, I am submitting an application for use of the outdoor fields and theindoor Public Room on Sunday May 5, 2019.
The purpose of this request is to host our 8"‘annual Matthews House Hike for Hospice fundraiser on themunicipal grounds as we have done for the past several years. Hike for Hospice raises awareness and fundsfor hospice care.
Details of the event are as follows:Adjala-Tosorontio Municipal Office grounds — fields, gazebo, Public Room
‘Skm hikeTime requested — 8 am. (10 a.m. event start) to 4 p.m. (event end 1:30 p.m.)BBQ lunch to be provided.We willbe hosting approximately 300 hikers and providing a BBQlunch. Allevent supplies and equipment willbe provided by Matthews House Hospice.As this is a community fundraiser we are appealing to members of council to waive the rental fee for this event.
Thank yo for your consideration.
mmunity Engagement & Developmentbpufek@matthewshousehospice.cawvvw.matthewshousehospice.ca
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{gs Alliston & District Humane SocietyV P.O. Box 1455, 5545 Concession Road 4, Everett, Ontario LOM no 705-458-9038
www.allistonhumane.com Registered Charity # 13529 8081 RROOOI
January 24, 2019
Ms. Kathryn Pearl, A/ClerkTownship of Adjala Tosorontio7855 30”“SideroadAlliston ON L9R1V1
RE: Facility Rental. Saturday April 13 2019
Dear Ms. Pearl:
Each year the Alliston & District Humane Society, which is a CRA Registered Charity, puts on anannual Easter Egg Hunt for local children.
This event has grown from year to year and has now outgrown our facility. Last year we requested,and were approved, to hold this venue in your municipal centre.
We provide a variety of activities for the children including a colouring contest, games, anopportunity to interact with and have their photos taken with a rabbit, (all indoors), as well as asupervised outdoor easter egg hunt. We would not be using the gazebo.
The intent is to provide a community experience for the children as well as to familiarize them withsmall animals.
There is no charge, but we do request set donations to off-set the costs of the lunch, supplies andphotos. Revenues depend largely on the tum-out.
Our hope would be to have the Public Room on Saturday, April 13, from 8:00 a.m. to 4:00 p.m. Set-up would be from 8:00 am to 9:30 am. The easter egg hunt runs from 10:00 a.m. to 2:00 p.m. andthen clean—upusually takes a few hours bringing us to about 4:00 p.m.
Children come and go throughout the day.
It would be appreciated if Council could consider granting us the use of your facilities on April 13,2019 for these purposes. We are fully insured and have already provided evidence of the same.
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Thank you for your consideration. Please let us know if you have any questions.
Our contact for this event is Crystal Roth and she looks forward to hearing from you [email protected].
0~/¢C%0'//€/
Jane ClarkeVice President, ADHS
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September 14, 2017 Barb Kane, Clerk Township of Adjala-Tosorontio 7855 Sideroad 30 Alliston ON L9R 1V1 Subject: County of Simcoe Inter-municipal and intra-hub Transit At its meeting on September 27, 2016, County Council ratified a Special Committee of the Whole recommendation as follows:
Recommendation No. CCW-277-16 Moved by: Councillor Wauchope Seconded by: Councillor Cornell
That Item CCW 16-312, dated September 7, 2016 regarding County of Simcoe Transit Feasibility and Implementation Study – Interim Report 3 and additional information outlining the financial plan and implementation details, be received; and That phased implementation of the proposed short term service plan, as generally outlined in Item CCW 16-312, be approved; and That Option 2B - Inter-municipal and intra-hub routes including the Barrie - Orillia route be presented for 2017 budget consideration; and That staff meet with and report further regarding funding models with partner municipalities, and the Cities of Barrie and Orillia.
As a result of the above resolution and adoption of the 2017 Budget on November 22, 2017, staff have worked diligently in establishing the Transit Office and engaged the services of Don Gordon to assist with delivering Inter-municipal and intra-hub routes. Further, as required by section 189(2) of the Municipal Act, your municipality is now being asked to adopt a resolution in support of the County of Simcoe operating a transportation system (transit) as generally outlined in the attached staff report item CCW 16-312. The suggested language of the resolution is as follows:
In accordance with section 189 the Municipal Act, the Township of <name> does hereby consent to the adoption of a by-law by the County of Simcoe for operation of a transportation system.
A response to the above is requested by September 29, 2017. Should you require additional information, please contact David Parks, Director, Planning, Development &Tourism, ext 1004. Regards, Gerry Marshall Warden
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To: Committee of the Whole
Agenda Section: Division: Department:
Corporate Services Engineering, Planning and Environment Planning
Item Number: CCW - 16-312
Meeting Date: September 7, 2016
Subject: County of Simcoe Transit Feasibility and Implementation Study – Interim Report 3 and financial plan and implementation options
Recommendation That Item CCW 16-312, dated September 7, 2016 regarding County of Simcoe Transit Feasibility and Implementation Study – Interim Report 3 and additional information outlining the financial plan and implementation details, be received; and That phased implementation of the proposed short term service plan, as generally outlined in Item CCW 16-312, be approved; and
That Committee select a preferred funding option for 2017 budget consideration based on the options outlined in Item CCW 16-312. Executive Summary This Item provides an update and estimated costing of a County wide transit service plan. Policy, at all levels, recognizes the need to support, establish and expand transportation options. The County has an opportunity to establish a co-ordinated strategy moving forward to ensure the continued health, safety and economic benefits of transit are realized throughout the County. Direction has been given by Council to undertake a comprehensive study to identify the feasibility and implementation of a county-wide transit system and to establish a study Advisory Committee comprised of County staff, municipal representatives and agency stakeholders.
Further to the March 22, 2016 Council Transit Workshop, using data compiled from the Transit Feasibility and Implementation Study, staff have prepared additional information regarding service plan details and options with respect to service design and costing for Council’s consideration. County staff, in consultation with Steer Davies Gleave initiated the Transit Feasibility and Implementation Study in January 2015. The study process is comprised of three interim reports.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 2
Interim Report 3 (Schedule 1) provides information on the final phases of the study. Following the introduction in Chapter 1, Chapter 2 of Interim Report 3 provides a synopsis of the second round of consultation and feedback received from participants. Chapter 3 outlines the service plan and prioritization for the services proposed to be implemented in the short term (five years). Interim Report 3 also summarizes in Chapter 4, the requirements for specialized transit arising from the Accessibility for Ontarians with Disabilities Act (AODA). The guiding principles behind a series of potential fare arrangements involving the County and other agencies’ services are identified in Chapter 5 as is the consultant’s recommended fare structure. Funding sources and estimated fare revenues are identified in Chapter 6. Chapter 7 provides information regarding a financial and implementation plan for consideration of funding options, and outlines the recommended implementation plan proposed by Steer Davies Gleave. Detailed next steps required to implement transit, the proposed service network and implementation plan are identified in Chapter 7. In addition, staff have prepared alternative financial and implementation plans for services proposed for the short term, based on a 10 year financial outlook, for Council’s consideration. Staff is seeking Council direction for a preferred funding option as detailed within this Item for further consideration and ultimate inclusion within the 2017 budget. Background/Analysis/Options
Since 2006 a series of studies such as the Intergovernmental Action Plan (IGAP) for Simcoe County, Barrie and Orillia, Implementation Assessment Report (August 2006), the County of Simcoe Transportation Master Plan 2008 (TMP), the County TMP Update 2014, and the Ministry of Transportation Simcoe Area Multimodal Transportation Strategy (2014) have identified the need to reduce reliance on the automobile and increase alternate modes of transportation including improved linkages between regional and local networks for walking, cycling and public transit.
Furthermore, various policy documents such as the Growth Plan for the Greater Golden Horseshoe (Growth Plan), Provincial Policy Statement and the County of Simcoe Official Plan provide policies which strategically support growth and prioritize planning for complete communities and transit-supportive design. Additionally, the proposed Growth Plan for the Greater Golden Horseshoe, 2016 provides that public transit will be the first priority for transportation infrastructure planning and that all decisions on transit planning and investment support facilitating improved linkages between and within municipalities.
To support the proposed policy direction of the Growth Plan, the Ministry of Transportation (MTO) commenced a Greater Golden Horseshoe (GGH) Multimodal Transportation Plan in the spring of 2016 and it is anticipated to be completed in 2018. According to the MTO website, the GGH Multimodal Plan is intended to “inform policy and investment decisions that support the government’s commitments to climate change, economic development and innovative technology and provide direction to transportation agencies and service providers for all modes, including highways, railways, regional transit systems, cycling and walking”.
The Province continues to place significant emphasis in the requirement for multimodal transportation infrastructure, including regional transit systems, because it provides an alternative to driving and helps connect people to community services and job opportunities.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 3
Benefits of Regional Transit Systems A regional transit system is part of the comprehensive transportation strategy recommended in the County’s Transportation Master Plan to accommodate the County’s growing communities and changing demographics in the years to come. A well-planned transit system with supportive land uses is able to enhance mobility for residents, promote independent living, offer greater travel opportunities, expand economic opportunities, provide affordable transportation options, and support County growth, transport, and environmental policies. Integrated public transportation infrastructure also allows for high-density urban development, which reduces the need to expand existing municipal infrastructure. Public transit is a critical factor in providing connections for obtaining employment and enhancing wage potential, and enables employers to tap into a larger, more competitive workforce. Transit is also attributed to reducing isolation and allows people to lead more independent lives by enabling people to run their daily errands and gain access to medical services, particularly for those with limited access to private transportation options. A regional transit system would further support the goals and objectives of other County initiatives such as the Ontario Works Bus Pass program, the County’s Age-Friendly Communities project, and community service transportation cooperatives such as the Community Transportation (CT) Link and could also reduce the costs of providing non-urgent ambulance transport. Transit investments also contribute to active transportation activities and would support the County’s Trails strategy and the Cycle Simcoe initiative.
County Transit Feasibility and Implementation Study As identified in Items CCW 14-269 (June 3, 2014), CCW 14-285 (June 24, 2014), CCW 15-149 (April 28, 2015), CCW 15-320 (September 22, 2015) and CCW 16-132 (March 22, 2016) the County has undertaken, in consultation with Steer Davies Gleave, a County wide Transit Feasibility and Implementation Study. The study commenced in January 2015. The following major study objectives, with the assistance of the Transit Advisory Committee (TAC) were developed to guide the study and include:
• Supporting transit initiatives in and between smaller urban communities and the larger centres,
• Addressing the needs of vast rural areas and spread out geography, • Working with stakeholders and encourage strong community engagement in planning for
transit service, and • Determining the feasibility and develop a practical and realizable plan for transit that
serves local communities and urban areas, prioritizes service according to demand, and with accessible vehicle and options to meet the needs of all residents.
To ensure the study also addressed community objectives and needs, two rounds of public and stakeholder consultation were conducted. The objectives used in the study were also applied to create the prioritization evaluation criteria and the proposed route network.
Study Consultation Process and Outcomes The first round of consultation was comprised of six Public Information Centres (PICs), a stakeholder meeting and an on-line questionnaire in June 2015. The consultation was initiated to
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 4
seek feedback on the draft service types and concept, and to identify and prioritize the objectives of the proposed service options. The following service objective priorities developed with input from the advisory team and were presented to stakeholders and the public for input:
• Maximize potential ridership, • Minimize anticipated capital and operating cost, • Serve connections to regional destinations, • Support connectivity to planned growth areas, • Link to current transit services.
As a result, a draft route network was developed incorporating feedback received from participants regarding types of destinations that they felt should be prioritized, including:
• Hospitals and health centres, • Seniors centres, • Colleges & Universities, • Employment areas, • Shopping areas.
With the feedback obtained from the first round of consultation, Steer Davies Gleave applied a multiple account evaluation (MAE) framework for evaluating potential network elements within the overall service concept. Based on the needs and opportunity analysis detailed in Interim Report 1 and the consultation process, a preliminary “high-level” service concept that would potentially provide transit service to a significant portion of the County within 10 years was developed.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 5
Map of high-level routes and preliminary prioritization
Each of the connections was assessed further based on its ability to promote county-wide network connectivity and incorporated considerations of planned development and projected build-out.
Evaluation criteria used to identify the merits of potential service connections also took into consideration a variety of indicators including ridership and fare revenue, cost, service, route connectivity, markets, broader County connectivity, and ease of operation and safety. As a result, the preliminary service prioritization for various routes were ranked correspondingly. The preliminary prioritization was presented during the second round of consultation and feedback.
The second round of public consultation was comprised of two public workshops, a stakeholder meeting, and an on-line questionnaire in November 2015. The public workshops were made available online via a live webcast. The purpose of the consultation was to seek feedback on proposed inter-municipal connections in the county and to identify connections that could be implemented within the next five years. Preliminary discussions introduced fare policy structures and funding approaches for the proposed inter-municipal transit system.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 6
The study’s consultation process identified that participants thought the County’s principal role for transit is to provide longer-distance hub-to-hub areas, rather than the shorter distance intra-hub connections. In addition, as a result of participant feedback, refinements were made to the alignment of the preliminary proposed routes to reflect advisory team, stakeholder and public feedback received. The revisions to the proposed short-term integrated service network included an Alliston – Bradford route (as opposed to Alliston – Barrie route), as it would provide south Simcoe residents with more direct access to Central Local Health Integration Network (LHIN) health services. Another change was also made to the Midland – Barrie route to provide for a more direct route to the Royal Victoria Hospital and Georgian College campus via County Road 93 and to avoid duplication of service along County Road 27 of the proposed Wasaga Beach – Barrie route.
Hubs and Route typologies
Priority has been given to connecting regional primary settlement areas designated in the Growth Plan for the Greater Golden Horseshoe and in the County Official Plan. The majority of these primary areas were identified as “hubs” for purposes of the transit study. The hubs generally have their own local transit systems and are contiguous or near-contiguous urbanized areas. They also tend to be economically self-contained, so that a large proportion of trips already occur within the hub. However, there is a notable number of trips made between hubs, and it is these trips that are the consultant’s recommendation for County-level transit inter-municipal connections. The identified hubs are:
• Alliston • Barrie • Bradford • Collingwood/Wasaga Beach • Midland/Penetanguishene • Orillia
The routes identified for short-term implementation are varied in length. To assist with developing the strategy Steer Davies Gleave established the following three different connection typologies:
• Inter-municipal connections: operate between hubs (such as Alliston – Bradford route) • Intra-hub connections: operate within hubs that span multiple local municipalities (such
as Midland/Penetanguishene) • Barrie-Orillia connection: connects two distinct neighbouring municipal urban areas and
provides connectivity with other County transit services.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 7
Illustration of connection typologies
Recommended short term service plan
Based on feedback provided from the consultation process, as well as applying specific criteria using the multiple account evaluation (MAE) framework the short-term service plan was developed for implementation over a 5 year staged rollout. The proposed short term service plan includes five new inter-municipal hub-to-hub routes (prioritized 1 to 5). The illustration of the short term service plan shown herein also incorporates the various existing shorter intra-hub routes (lettered A to D below) currently provided by the local municipalities.
Midland/Penetanguishene
Collingwood/Wasaga Beach
Orillia
Bradford
Barrie
Alliston
Connection Typologies
Inter-municipal connections (long distance)
Intra-hub connections (short distance)
Barrie-Orillia connection
County hub areas
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 8
Proposed short term inter-municipal service plan
Specialized Transit AODA requirements The situation for specialized transit in Simcoe County will be complex, given the presence of both the proposed inter-municipal and local transit services. As legislated by the Accessibility for Ontarians with Disabilities Act (AODA), there would need to be a coordinated parallel transit service accessible to residents who are unable to walk to the nearest bus stop because of a disability. The number of requirements for municipal transit service and the requirements for a specialized transit service to complement conventional transit will need to be taken into consideration when planning service stops and determining the costs of delivery.
A specialized transit service is required to provide origin to destination service. However, this does not require a direct service – passenger journeys may be accommodated using multiple trip legs. The service span would need to be the same as conventional transit, thus the need for a coordinated service. The operating costs are summarized in the Financial and Implementation Plan section below and include the combined cost of both conventional and specialized transit services within Simcoe County.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 9
Fare Structure Framework
The fare structure for the proposed inter-municipal service needs to be both financially sustainable for the County and municipalities, and to encourage consistent ridership.
In consultation with stakeholders and public participants, the following principles of the proposed fares structure were developed:
Principle Passenger Perspective Operator/Municipal Perspective Simple Easy and logical for transit users to
understand Simple to implement, operate and manage
Affordable Fare should be affordable for transit users Fare should ensure appropriate operator cost effectiveness
Consistent Fare structure should be consistent throughout the County
Fare structure should enable appropriate operator fare revenue recovery
The proposed inter-municipal transit service fare structure framework connects the six recommended inter-municipal hubs. Some of the inter-municipal hubs provide connection to adjacent intra-municipal services, such as the existing Collingwood – Wasaga Beach link. Fare integration with existing transit services, based on the fare structure principles should be simple, affordable and consistent throughout the County. For these reasons, Steer Davies Gleave recommends a partial fare integration fare structure.
The recommended partial fare integration fare structure encourages integrated travel between transit systems. It is proposed to be affordable, as it discounts a continuous journey, thus allowing the rider to transfer onto the adjacent municipal transit system without having to pay a second full fare. It is also a benefit to the adjacent municipal transit provider because the operator acquired another customer it wouldn’t otherwise have. In addition, the recommended fare structure does not require fare reconciliation between operators. Each operator retains all fare revenue it collects. For example, a customer travelling from their neighbourhood in Midland to the Royal Victoria Hospital (RVH) to visit a family member would take the local transit service and pay the $2 fare to reach the Midland – Barrie inter-municipal connection. With their transfer, the customer would receive a $1 discount and pay the $6 fare to RVH. Having completed the visit at the hospital, the customer would return to Midland on the inter-municipal route and pay the $7 inter-municipal fare. Once in Midland, the customer would transfer back onto the Midland transit, at no cost, to complete their journey. The return trip cost the customer $15, of which $2 was spent on the local service and $13 on the inter-municipal service. Because the customer was able to reach their destination, the local transit service acquired a paying customer at 50% the fare rate (as opposed to no customer at all).
Many partnering transit agencies in Ontario practice a form of fare integration. For example, Metrolinx has outlined in its ‘Discussion Paper for the Next Regional Transportation Plan’ (August 2016) the importance of an integrated fare system to reduce obstacles of seamless travel and “to support the development of transit services between municipalities”. The benefit of having a consistent travel experience for both the customer and the operator would encourage inter-municipal transit use.
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Within Ontario, there are several public transit agencies that operate long-distance inter-municipal services. These fulfil a similar function to the proposed County inter-municipal services. Those services (and their adult cash fare) are:
• Muskoka Extended Transit – $3.00 • Niagara Region – $6.00 • Ride Norfolk – $6.00 • Deseronto Transit – $10.00
Considering comparable rates and participant feedback received, it is recommended that the inter-municipal adult cash fare (boarding cost) be $7 per trip, with a $1 discount for passengers transferring from another transit route. Pre-purchased tickets or period passes could be made available at lower price per trip. The proposed fare rate of $7 is striving to be affordable for all residents, however generates some revenue to contribute to the cost of service operations.
Funding Options
* Net costs will be the County’s responsibility.
Operating costs include service operations and maintenance, administration (staffing) and marketing. Capital costs include vehicles and bus stop infrastructure. The Province of Ontario operates a program whereby a portion (2 cents per litre) of its gasoline tax revenues are given to municipalities operating transit, known as provincial gas tax funding. The amount provided is based on the number of trips on the transit system, and the population of the municipality it serves. However, despite whatever amount is generated based a specific formula, the total amount provided under the program is capped at 75 percent of municipal spending in the previous year. The revised Development Charges Act allows the consideration of eligible growth-related capital transit expenditures based on planned levels of service projecting 10 years in the future. Transit is a relatively recent inclusion for consideration in development charges by-laws, for this reason development charge contributions have not been included in the financial plan at this time. However, the County could consider applying development charge contributions, in accordance with the Development Charges Act as an appropriate source of revenue. Other potential funding opportunities such as the Federal Public Transit Infrastructure Fund (PTIF) and the provincial Greenhouse Gas Reduction Account may be made available to the County should the County pursue planning for multimodal transportation infrastructure and investments in transit. Fare revenues are derived from the fare mechanism (boarding costs) and ridership levels.
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September 7, 2016 Committee of the Whole - CCW 16-312 Page 11
Financial and Implementation Plan As outlined in Item CCW 16-132 (March 22, 2016), two financial structures were presented:
• Delineated responsibilities: County pays 100% of the costs of inter-municipal routes; local municipalities providing intra-hub routes pay 100% of the costs of the intra-hub route,
• Shared responsibilities: Costs of inter-municipal routes and intra-hub routes are split equally 50%-50% between County and local municipalities providing intra-hub routes.
Steer Davies Gleave recommend the delineated responsibilities option as it would provide a clearer and more predictable structure for the County’s planning and financial responsibilities. The County would only be responsible (and fully responsible) for inter-municipal routes that connect between hubs, leaving intra-hub routes to be operated and funded by local municipalities (who would have a better understanding of the travel needs of its residents).
Under the shared responsibilities structure, any decisions made in relation to both intra-hub and inter-municipal transit services with financial consequences would require approval from the County and all the respective local municipalities contributing to the costs of the services. These decisions will include vehicle requirements, service span, frequency, routings, fares, and stop amenities. The need for approval from County and local municipalities may lead to challenges and delays in introducing new services and being responsive to changing travel needs. The financial plan summary provided by the consultants is intended to offer a snapshot of the average costs for transit services in Simcoe County. The capital costs summarized in Interim Report 3 have been annualized whereby the cost of each item has been divided by its typical lifespan. In addition, staff have prepared a financial plan, implementation details and alternative funding options (Schedule 2) structured in a 10 year financial outlook format using actual costs (not annualized) and data compiled by the consultants including the following inter-municipal service assumptions:
• 252 Days operated per year (Mon-Fri, excluding holidays) • 12 Hours of service per weekday • $100 Operating cost per service hour ($) (includes operation of parallel specialized transit)
Option 1 A – Inter-municipal routes excluding Barrie - Orillia route: County pays 100% of the costs of inter-municipal routes, excluding the Barrie-Orillia route; local municipalities pays 100% of the costs of the intra-hub route, Option 1 B – Inter-municipal routes including Barrie - Orillia route: County pays 100% of the costs of inter-municipal routes, and 33.3% of the costs of the Barrie-Orillia route; local municipalities pays 100% of the costs of the intra-hub route, Option 2 A - Inter-municipal and intra-hub routes excluding Barrie - Orillia route: County pays 100% of the costs of both the inter-municipal and intra-hub routes, Option 2 B - Inter-municipal and intra-hub routes including Barrie - Orillia route: County pays 100% of the costs of both the inter-municipal and intra-hub routes, and 33.3% of the costs of the Barrie-Orillia route.
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County staff have used data compiled by Steer Davies Gleave to provide additional information regarding financial plan options and implementation details in consideration of funding 100% of the existing intra-hub routes (specifically routes lettered B, C, D). The existing intra-hub Blue Mountain – Collingwood route (A) would require a second intra-hub connection (the Collingwood – Wasaga Beach intra-hub route) to connect to the proposed longer distance inter-municipal connection. In addition, the Blue Mountain – Collingwood intra-hub route extends beyond the jurisdiction of the County. For these reasons, the existing intra-hub routes completely within the County are considered for funding in the additional financial plan options 2A and 2B at this time. Criteria would be required to be established prior to consideration of additional intra-hub connections.
The proposed Barrie-Orillia route has significant benefits to municipalities outside of Simcoe County (namely, Barrie and Orillia), however the proposed route scored high in the preliminary route evaluation as it would also support the broader economic, environmental and social objectives of development within Simcoe County. The financial structure for the Barrie-Orillia route connection requires special financial consideration prior to implementation given the cities are not within the jurisdiction of the County. The 10 year financial plan prepared by staff assumes the County would be responsible for a third of the costs. Given the principal focus of providing longer-distance hub-to-hub connections was identified as a priority in the consultation process, Steer Davies Gleave identified two potential approaches for implementation of the proposed inter-municipal routes:
• Full implementation of all proposed inter-municipal routes, with a minimal number of daily trips for each route, or
• Staged rollout of proposed inter-municipal routes, with a higher number of daily trips for each connection.
Staff recommend implementing a County transit service plan in a staged rollout. Phased implementation would allow the County to spread the start-up costs over multiple years. Any lessons learned from implementing the initial phases can be applied to later phases, maximizing the success of the implementation.
It is recommended higher-priority routes be implemented in earlier phases and low-priority routes be implemented in later phases. Based on the staged approach, County staff have laid out a 10 year financial outlook phasing in costs of routes in years 1 to 4. A phased approach would provide a more appropriate level of transit service that passengers can depend on. The full implementation approach (with minimal number of daily trips) may lead the service to be spread too thinly to attract consistent ridership.
Next Steps Contingent on the funding option preferred by County Council, future steps for implementing a transit service in the short term (next five years) would generally include the following:
• County Council approval of a select transit service and preliminary financial plan • County Council approval of budget • Allocate staffing to support service • Determine operating model (in-house/private contractor/public contractor) • Vehicle procurement • Develop a marketing plan
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• Plan and construct infrastructure requirements • Launch service • Monitor and report on the performance of the service on an on-going basis
It is recommended potential refinements of the service plan be evaluated at the next stage of work prior to developing and implementing detailed service designs for the connections identified within the 5-10 year timeline.
Financial and Resource Implications The costs associated to complete the Transit Feasibility and Implementation Study are included in the 2016 budget.
Future financial or resources implications associated with this Item will be determined following direction from County Council and will be brought forth in appropriate annual budgets and long-term financial plans for Council approval. Relationship to Corporate Strategic Plan Growth Related Service Delivery: Create and strengthen partnerships with key stakeholders to support communities through the delivery of sustainable services. Reference Documents • Item CCW14-269 (June 3, 2014) County of Simcoe Transit Initiatives • Item CCW14-285 (June 24, 2014) County of Simcoe Transit Feasibility and Implementation
Study • Item CCW15-149 (April 28, 2015) County-wide Transit Feasibility and Implementation Study • Item CCW15-320 (September 22, 2015) County Transit Feasibility and Implementation Study
– Interim Report 2 • Item CCW16-132 (March 22, 2016) County Transit Feasibility and Implementation Study -
Update
Attachments
Schedule 1 – Interim Report 3
Schedule 1 - CCW
16-312.pdf
Schedule 2 – Alternative Financial Plan – 10 Year outlook
Schedule 2 - CCW
16-312.pdf
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Prepared By: Rachelle Hamelin, MCIP,RPP, Planner III Approvals: Date
David Parks, Director of Planning, Development and Tourism
August 24, 2016
Debbie Korolnek, General Manager, Engineering, Planning and Environment
August 25, 2016
Trevor Wilcox, General Manager, Corporate Performance August 29, 2016 Mark Aitken, Chief Administrative Officer August 30, 2016
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To: Committee of the Whole
Agenda Section: Division: Department:
Corporate Services Engineering, Planning and Environment Planning
Item Number: CCW - 17-229
Meeting Date: August 8, 2017
Subject: County of Simcoe Transit Update
Recommendation
That Item CCW 17-229, dated August 8, 2017 regarding an update on the implementation of the County of Simcoe Transit system, be received; and That pursuant to the transfer of powers provisions of the Municipal Act, 2001, S.O. 2001, c. 25, the necessary by-law be presented to County Council to give authority to the County of Simcoe to operate a passenger transportation system, including for the transportation of persons with disabilities, such power to be non-exclusive, and that the by-law be substantively in the form attached as Schedule 1 to Item CCW 17-229; and That a letter attached as Schedule 2 to Item CCW 17-229, be sent to all lower municipalities requesting their support for the County by-law that gives authority to County of Simcoe to operate a passenger transportation system. Executive Summary This item provides an update on the implementation of the proposed County of Simcoe public transit system. County Council received Item CCW 16-312, dated September 7, 2016 regarding the Transit Feasibility and Implementation Study – Interim Report 3, and approved a proposed short term service plan. The plan includes five new inter-municipal hub-to-hub routes, to be implemented over a five year period and prioritized as follows:
1. Midland – Barrie 2. Collingwood – Wasaga Beach – Barrie 3. Barrie – Orillia 4. Alliston – Bradford 5. Midland – Orillia
These services are intended to provide regional connections between primary settlement areas (i.e. hubs) in the County and to the adjacent cities of Barrie and Orillia.
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August 8, 2017 Committee of the Whole - CCW 17-229 Page 2
Form issued: April 2016
In addition, a specialized transit service for persons with disabilities is part of the short term service plan. Although not yet fully designed, this service would most likely operate within 400 metres of the conventional routes, providing a combination of door-to-service and transfers to and from the conventional routes. The establishment of a specialized transit service at the same time as the conventional transit service is a requirement of the Accessibility for Ontarians with Disabilities Act (AODA). Under the plan, the County would also assume financial responsibility for the following existing intra-hub services:
1. Collingwood – Wasaga Beach 2. Borden – Angus – Barrie 3. Midland - Penetanguishene
The proposed short term inter-municipal service plan is as shown on Schedule 3 to this item. In addition to approving the short term service plan, Council directed staff to meet with partner municipalities and the cities of Barrie and Orillia, regarding funding models for the proposed new services. Funding to begin implementation of the County transit plan has been included in the 2017 operating and capital budgets. With respect to staffing, an interim Transit Co-ordinator has been retained to undertake all steps necessary to launch the County transit service. Don Gordon, former Director of York Region Transit, offers considerable background and experience in municipal transit service.
The next steps are administrative in nature and relate to the need for the County to obtain authority to operate a public transit system. This requires applying for the necessary public vehicle operating licence from the Ontario Highway Transport Board (OHTB). Staff is proceeding with these steps, which are explained in detail in this report. Background/Analysis/Options Transfer of Power The Municipal Act, 2001, S.O. 2001, c.25, spells out various spheres of jurisdiction for both lower and upper tier municipalities. These include highways, transportation systems other than highways, waste management, public utilities, culture, parks, recreation and heritage, etc. The Act is structured such that the jurisdiction to deliver services rests with the lower-tier unless stated otherwise. In addition, it indicates whether such jurisdiction is exclusive or non-exclusive to a particular tier. Where a jurisdiction is non-exclusive, a service can be delivered by both tiers of municipal government. With respect to highways and transportation systems other than highways, such as airports and ferries, the jurisdiction is non-exclusive as it relates to Simcoe County, meaning they can be delivered by both tiers. Passenger transportation systems (i.e. public transit services), on the other hand, are exclusively a lower-tier responsibility.
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August 8, 2017 Committee of the Whole - CCW 17-229 Page 3
Form issued: April 2016
In order for the County to operate a passenger transportation system, including transit for persons with disabilities, it must go through a process to transfer that power from the lower to the upper-tier. Since it is intended that the lower-tier municipalities will continue to operate their own local services, the power sought by the County would be a non-exclusive one. This process is not uncommon and has been undertaken most recently in York, Durham and Niagara Regions. The process itself involves what is commonly referred to as the “triple majority” provision of the Municipal Act, wherein the upper-tier municipality passes a by-law to transfer all or part of a lower tier power to the upper-tier municipality. Further, it requires that such by-law can only come into force if:
• A majority of all votes on the council of the upper tier municipality are cast in its favour; • A majority of the councils of all the lower tier municipalities have passed resolutions giving
their consent to the by-law; and • The total number of electors in the lower tier municipalities that have passed resolutions of
consent form a majority of all the electors in the County.
Hence, the term “triple majority”. Therefore the necessary by-law to transfer non-exclusive authority to the County of Simcoe to operate a passenger transportation system throughout the County, will be presented to County Council on September 12, 2017. Our municipal partners, (lower-tier municipalities) will be requested to give their consent to the by-law. The by-law is appended hereto as Schedule 1 to this item. In addition, a draft letter to the lower tier municipalities, seeking consent to the passing of the transfer of powers by-law is being sent out, is appended as schedule 2 to this item. Public Vehicle Operating Licence The Public Vehicles Act, R.S.O. 1990, c.P.54, requires a licence to be obtained where passengers are being transported for compensation across local municipal boundaries. Such is the case with all of the routes proposed in the short term service plan. Moreover, as the system grows, there is no question that additional routes will be of the cross-boundary variety. Application for public vehicle operating licences are made to the Ontario Highway Transport Board (OHTB), which will determine if the issuance of a licence will serve “public necessity and convenience”. More specifically, the following factors will be considered by the Board:
• The transportation needs of the public as seen through the public witnesses; • The adequacy and quality of the existing services; • The level of competition in the area in question; • The choice of modes of transportation; • The convenience of the public; • The uniqueness or distinctiveness of the proposed service or equipment; • The viability of the proposed service and market sustainability; • The fitness of the applicant… financial, operational and safety; and • The impact on existing carriers if the service were granted.
Much of the information to be included in the licence application will be drawn from the County’s Transit Feasibility and Implementation Study (Steer Davies Gleave, 2016). In addition, it will be necessary to identify the routing of services within the cities of Barrie and Orillia. These routings
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Form issued: April 2016
have yet to be determined but ideally should provide connections to the hospitals, colleges and universities, and downtown transit terminals located in the two cities, as well as GO Transit terminal(s) in Barrie. It should be noted that any “interested person” - essentially anyone with an economic interest in the outcome of a matter - may seek a hearing before the Board. An obvious interested party in any application by the County will be Hammond Transportation, a private passenger transportation service provider that operates and has licences in three of the five corridors proposed for service in the County’s short term service plan. A meeting has been held with Hammond officials, who have expressed an interest in working with the County in the delivery of the proposed transit services. Further discussions are anticipated. Subject to receipt of the necessary (triple majority) resolutions of consent from the lower tier municipalities, staff will proceed with an application to the OHTB for a public vehicle operating licence. Discussions with Municipalities and Other Stakeholders In addition to the meeting with Hammond Transportation, staff has had recent discussions with officials from the cities of Barrie and Orillia to discuss the service plan, service and fare integration opportunities, and possible cost sharing, among other topics. Discussion also occurred with all municipalities where service was going to be provided on possible cost sharing. This dialogue will continue as necessary in an effort to resolve any issues or concerns raised by the municipalities and other stakeholders. In addition to approving the short term service plan, Council directed staff to meet with partner municipalities and the cities of Barrie and Orillia, regarding funding models for the proposed new service between Barrie and Orillia. The city staff believe the connections are appropriate but are not in a position to address financial support for the service to and from Barrie and Orillia. Financial and Resource Implications In its consideration of Item CCW 16 – 312, dated September 7, 2016, Council adopted a funding model wherein the County would pay 100% of the costs of both the inter-municipal and intra-hub routes, and 33% of the costs of the Barrie-Orillia route. The actual implementation of the services is to be done by means of a staged roll-out over a period of four years. The net financial requirement associated with year one implementation is included in the 2017 County budget. It is comprised of $644,000 in net operating expenses (i.e. after gas tax revenues and user fees) and $895,000 in capital expenses, for a total of $1,539,000. Future financial or resource implications associated with this item will be determined following direction from County Council and will be brought forth in appropriate annual budgets and long term financial plans for Council approval. Relationship to Corporate Strategic Plan
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August 8, 2017 Committee of the Whole - CCW 17-229 Page 5
Form issued: April 2016
Growth Related Service Delivery: Create and strengthen partnerships with key stakeholders to support communities through the delivery of sustainable services. Reference Documents
• Item CCW14-269 (June 3, 2014) County of Simcoe Transit Initiatives • Item CCW14-285 (June 24, 2014) County of Simcoe Transit Feasibility and Implementation
Study • Item CCW15-149 (April 28, 2015) County-wide Transit Feasibility and Implementation
Study • Item CCW15-320 (September 22, 2015) County Transit Feasibility and Implementation
Study – Interim Report 2 • Item CCW16-132 (March 22, 2016) County Transit Feasibility and Implementation Study –
Update • Item CCW16-312 (September 7, 2016) County of Simcoe Transit Feasibility and
Implementation Study – Interim Report 3 and financial plan and implementation options Attachments 1. Transfer of Powers By-law 2. Draft Letter from County Clerk to lower tier municipalities 3. Short term inter-municipal transit service plan is shown
for CCW 17-229
Schedule 1.pdf
for CCW 17-229
Schedule 2.pdf
for CCW 17-229
Schedule 3.pdf
Prepared By: Don Gordon, MCIP, RPP, Transit Co-ordinator Approvals: Date
David Parks, Director of Planning, Development and Tourism
July 18, 2017
Debbie Korolnek, General Manager, Environment, Planning and Environment
July 19, 2017
Zarah Walpole, Director of Legal Services July 20, 2017 Trevor Wilcox, General Manager, Corporate Performance July 28, 2017 Mark Aitken, Chief Administrative Officer August 1, 2017
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TOWNSHIP OF ADJALA – TOSORONTIO ECONOMIC DEVELOPMENT COMMITTEE
TERMS OF REFERENCE March 12, 2018
Mandate: The Committee is to represent a broad based economic development and tourism profile which reflects the character of the Township. The Committee is an advisory body and provides Council with information on economic and tourism development in alignment with strategic priorities. Council may also provide the Committee with additional direction for economic development activities including priorities and action items to be completed. Economic Development includes:
▪ Tourism ▪ Marketing ▪ New Business Opportunities – Agricultural, Commercial & Industrial ▪ Business Attraction and Retention
Role of the Committee: The Committee is to review and make recommendations with respect to the following Strategic Directions and associated tasks:
1. To act as a resource for Township initiatives: ▪ To advise and assist Council to accomplish goals and objectives as outlined
in the Strategic Plan. ▪ To promote, coordinate and nurture economic and tourism development and
related leadership within the Township in a planned and strategic approach. ▪ To collaborate with various private and public organizations in order to
accomplish the goals and objectives of the committee.
2. To help identify Community Needs: ▪ To identify and understand what the business community and residents wants
and needs in terms of economic and tourism development. ▪ To look at Community Needs related to economic and tourism development
and make recommendations to Council on what areas require enhancement and facilitation.
3. To assist Council in determining priorities when it comes to economic
development within the Township: ▪ To provide recommendations on initiatives related to funding, new programs
and services related to economic development. ▪ To work with Township, County and neighbouring Municipalities’ Staff on
strategies, plans and policies related to economic development initiatives.
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▪ To provide information and recommendations on agreements, partnerships, community outreach and engagement initiatives related to economic development.
4. To promote communication which supports initiatives, programs or services
within the Township: ▪ To define and communicate on issues and initiatives related to Economic
Development. ▪ To promote events, programs, and services in the Township that relate to
economic development and tourism. ▪ To foster and encourage creativity and innovation in the Township.
Membership: The Committee shall be comprised of a maximum of three (3) members of Council. The Committee will receive administrative support from Township Staff including the recording of meeting minutes, meeting preparation and other support as required. Appointment of Officers: A Chair may be appointed at the discretion of Council or be elected from the Committee members at the first meeting, to chair over committee business during the term of Council. A Vice Chair shall be elected from Committee members at the first meeting to chair over committee business during the term of Council in the absence of the Chair. Meetings: Meetings shall be held from 4:30pm to 6:30pm on the second Wednesday of each month. These dates may be subject to change if this is the consensus of the majority of Members. Additional meeting dates may be scheduled at the call of the Chair. Reporting: The Committee will circulate approved minutes of meetings to Council through the Planning Department. Advice or recommendations for Council consideration will be presented separately by report of the Committee.
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BILL 1906
The Corporation of The Township of Adjala-Tosorontio
By-law No. 19-
A by-law to authorize the temporary borrowing of monies to meet the current expenditures of the Township of Adjala-Tosorontio until taxes are collected and
other revenues received (Municipal Borrowing By-law for 2019) Whereas the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 8, as amended, provides that the powers of the municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues, that Section 9 provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; Whereas pursuant to section 407(1) of the Municipal Act, S.O. 2001, the Council of the Corporation deems it necessary to borrow monies from time to time to meet, until the taxes are collected, the current expenditures for the year 2019 (hereinafter called “the year”); and Whereas pursuant to section 407(3) of the Municipal Act, S.O. 2001, that until the budget is adopted in a year, the limits upon borrowing under subsection 407 (2) shall temporarily be calculated using the estimate revenue of the Municipality set out in the budget adopted for the previous year; and Whereas the total amount of the estimated taxation revenues of the Corporation as set forth in the year. The total includes revenues from Municipal, County and Education taxes levied is $15,288,246; and Whereas the amount of uncollected revenues of the Corporation for the year based on the estimated taxation revenues for the year is $15,288,246; and Whereas 75 percent of such uncollected revenues, less the amount of similar borrowings which are still unpaid, is $11,466,185; Now Therefore the Council of the Corporation of the Township of Adjala-Tosorontio hereby enacts as follows: 1. That the Mayor or designate and Treasurer or designate are hereby authorized
on behalf of the Corporation to borrow monies from time to time, by way of promissory note, from the Toronto-Dominion Bank, necessary to meet, until the taxes are collected, the current expenditures of the Corporation for the year, provided that the amount that may be borrowed at any one time, together with the total of any similar borrowings that have not been repaid, shall not exceed the sum of eleven million, four hundred and sixty six thousand and one eighty five
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dollars ($11,466,185) and to give, on behalf of the Corporation, to the said Bank a promissory note or notes, sealed with the corporate seal and signed by the Mayor and Treasurer for the monies so borrowed with interest at the Bank’s prime interest rate which rate shall be as notified by the Bank to the Treasurer from time to time.
2. That all sums borrowed pursuant to the authority of this By-law as well as all
other sums borrowed in the year and all preceding years from the said Bank to meet current expenditures of the Corporation shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation for the year and for all preceding years as and when such revenues are received.
3. That the Treasurer is hereby authorized and directed to apply payment of all
sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of the taxes levied for the year and proceeding years, or from any other source, which may lawfully be applied for such purpose.
4. That notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time and finally passed this 11th day of February 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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BILL 1907
The Corporation of The Township of Adjala-Tosorontio
By-law No. 19-
2019 Interim Tax Levying By-law Summary This report recommends the adoption of the 2019 Interim Tax Levy. Financial Impact The Interim levy is required to provide the necessary cash flow to meet the obligations of the Township including Interim payments to the County and the School Boards until the annual tax rate can be set and Final tax bills prepared in June 2019. Background Section 317 (3) of the Municipal Act, 2001 allows a municipality to levy, on all rateable properties, an Interim tax levy. The amount levied on a property shall not exceed 50% of the total amount of taxes for Municipal, County and School Board purposes levied on the property for the previous year. To enable the Township to bill and collect the 2019 Interim Tax Levy, Council approval of the Interim Tax Levying By-Law is required. Whereas Section 317 (1) of the Municipal Act, 2001 provides that the Council of a local municipality may, before the adoption of the estimates for 2019, pass a by-law to levy on the whole of the assessment for taxable property for local municipal purposes; Whereas the collector’s roll provided by the Municipal Property Assessment Corporation (MPAC) includes the updated Assessment Control Totals for the 2019 Interim Tax Levy for the Corporation of the Township of Adjala-Tosorontio; and Whereas Section 317 (3) of the Municipal Act, 2001 states that the amount levied on a property shall not exceed the prescribed 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year; Whereas Section 342 of the Municipal Act, 2001 provides that (1) a local municipality may pass by-laws providing for (a) the payment of taxes in one amount or by instalments and (b) the date or dates in the year for which the taxes are imposed on which the taxes or instalments are due;
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Whereas Section 345 of the Municipal Act, 2001 authorizes Council of a local municipality to pass by-laws to impose late payment charges for the non-payment of taxes or any instalment by the due date; Now Therefore the Council of the Corporation of the Township of Adjala-Tosorontio enacts as follows:
(1) That the Council of the Corporation of the Township of Adjala-Tosorontio hereby impose a 2019 Interim Levy based on 50% of the previous year’s annualized taxes for each property, according to the last revised assessment roll;
(2) That for the purpose of calculating the total amount of taxes for the year 2019, if
any taxes for Municipal, County and School Board purposes were levied on a property for only part of 2018 because assessment was added to the collector’s roll during the 2018 taxation year, an amount shall be levied equal to the additional taxes that would have been levied on the property if taxes had been levied for the entire year;
(3) That there shall be imposed on all taxes, a penalty for non-payment or late
payment of taxes in default of the instalment dates set out below. The penalty shall be 1.25% of the amount in default on the first day of default and on the first day of each calendar month during which the default continues until December 31, 2019;
(4) That the 2019 Interim Tax Levy imposed by this by-law shall be paid in two
instalments due as follows:
1. Interim Levy Instalment 1 March 29, 2019 2. Interim Levy Instalment 2 May 31, 2019
(5) That taxes may be paid (1) in person at the municipality, (2) through banking
institutions, (3) via online banking or (4) through the pre-authorized payment plan: monthly or on the instalment due date(s). It is the property owner(s) responsibility to ensure payments are received on or before the due dates. Failure to receive the tax bill does not waive any liability for payment of taxes or penalty and interest charges;
(6) That all taxes payable under the pre-authorized payment plan shall be due and
payable:
a. In two (2) instalments, each on the due date(s) for the quarterly pre-authorized payment plan;
b. In ten (10) equal instalments on the 15th day of each calendar month, January through October, 2019; and
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(6.1) That the Treasurer of the Corporation of the Township of Adjala-Tosorontio be authorized to extend the pre-authorized payment plan beyond October 2019, if the need arises;
(7) That the Treasurer shall send a tax bill to every assessed property owner, at
least 21 days before any taxes shown on the tax bill are due as per Provincial Legislation. The tax bill will be sent to the assessed property owner(s) to the premises in respect of which the taxes are payable, unless the taxpayer directs the Treasurer in writing to send the bill to another address;
(8) That this 2019 Interim Tax Levying By-Law shall come into force and take effect
with the passing hereof;
(9) That notwithstanding anything contrary to the rules of procedure, this by-law be introduced and read a first and second time, and be considered read a third time, and finally passed this 11th day of February 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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The Corporation of The Township of Adjala-Tosorontio
By-Law No. 19 –
A By-Law to Appoint a Clerk, and to Repeal By-law 18-30
Whereas the Municipal Act, 2001, S.O. 2001, Chapter 25, section 228, as amended, provides that a Municipality shall appoint a Clerk who has all the powers and duties of the Clerk; Now Therefore the Council of the Corporation of the Township of Adjala-Tosorontio enacts as follows:
1. That Kathryn A. Pearl is hereby appointed Clerk for the Township of Adjala-
Tosorontio; and 2. That the Clerk shall
(i) record, without note or comment, all resolutions, decisions and other proceedings of the council;
(ii) if required by any member present at a vote, record the name and vote of
every member voting on any matter or question; (iii) keep the originals or copies of all by-laws and of all minutes of the
proceedings of the council; (iv) perform the other duties required under the Municipal Act or under any
other Act; (v) perform such other duties as are assigned by the municipality; 3. That this by-law shall come into full force and effect upon the date of its passage
by Council. 4. That By-law 18-30 is hereby repealed. 5. That, notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time and finally passed this 11th day of February, 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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BILL 1909
The Corporation of The Township of Adjala-Tosorontio
By-Law No. 19 –
A By-law to Appoint an Integrity Commissioner for the Township of Adjala-Tosorontio
Whereas the Municipal Act, 2001, as amended (the “Municipal Act”) provides that the powers of a municipal corporation are to be exercised by its Council through the adoption of by-laws; and Whereas the Municipal Act authorizes the Township to establish codes of conduct for members of Council and to appoint an Integrity Commissioner who reports to Council; and Whereas Township of Adjala-Tosorontio Council has adopted a Code of Conduct ADM 2016-02 and Whereas an Integrity Commissioner is responsible for performing in an independent manner the functions assigned by the municipality; and Whereas by March 1, 2019, the Municipal Act, pursuant to Part V.1, Accountability and Transparency, will oblige all municipalities in Ontario to appoint an integrity Commissioner to perform the following functions:
1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
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7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act; and
Whereas by the adoption of resolution ________ Council deems it expedient to appoint Principles Integrity, through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski, as the Township of Adjala-Tosorontio’s Integrity Commissioner to perform the functions, powers and duties recited above and as may be set out in the Municipal Act from time to time. Now Therefore Be It Resolved That the Council of the Corporation of the Township of Adjala-Tosorontio hereby enacts as follows: 1. That Principles Integrity through its principals Jeffrey A. Abrams and Janice
Atwood-Petkovski is hereby appointed as the Township of Adjala-Tosorontio’s Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act.
2. That upon appointment Principles Integrity will have all the functions, powers and
duties of an integrity commissioner as set out in Part V.1, Accountability and Transparency, of the Municipal Act, and in addition such functions, powers and duties as may be assigned by Council from time to time.
3. That the Township of Adjala-Tosorontio hereby indemnifies and save harmless
the Integrity Commissioner or any person acting under the instructions of the Integrity Commissioner for costs reasonably incurred in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a function, duty or authority under Part V.1 of the Municipal Act, or a by-law passed thereunder, or an alleged neglect or default in the performance in good faith of the function, duty or authority.
4. That all actions taken and required to be taken by the Mayor and Clerk on behalf
of the Corporation of the Township of Adjala-Tosorontio to complete this matter including the execution of the Agreement and any other associated documentation are hereby authorized, confirmed and ratified.
5. That, notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time and finally passed this 11th day of February, 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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THIS PROFESSIONAL SERVICES AGREEMENT is made as of ____ day of February, 2019
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO
(hereinafter called the "Township")
- and -
PRINCIPLES INTEGRITY, through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski
(hereinafter called the "Integrity Commissioner”)
Professional Services Agreement
WHEREAS Section 223.3 of the Municipal Act, 2001 authorizes the Township to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by legislation and by Council pursuant to that legislation; WHEREAS Township of Adjala-Tosorontio Council by the adoption of By-Law Number _______ appointed Principles Integrity as Integrity Commissioner commencing on March 1, 2019 for the term specified herein, to perform the duties and responsibilities of that office pursuant to the terms of the legislation and this Agreement; NOW THEREFORE, in consideration of the foregoing background, the covenants in this Agreement, and other good and valuable consideration (the receipt and adequacy of which are hereby acknowledged), the parties agree as follows:
1.1 Definitions In this Agreement, the following terms shall have the following meanings: "Advice" means a request by Township Council or a Member of Council, or a Member of a local board of the Township, requesting the Integrity Commissioner to provide a general or specific interpretation of: (i) obligations under the Code of Conduct applicable to the Member; (ii) obligations under a provision of any procedure, rule or policy of the
municipality or local board of the municipality, as the case may be, governing the ethical behaviour of Members;
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(iii) obligations under the Municipal Conflict of Interest Act. "Agreement" means this Agreement; "Clerk” means the Township’s Clerk, or his/her designate; "Code of Conduct" means any code of conduct adopted or amended from time
to time in respect of Members of council or of a local board of the municipality, but excludes any code of conduct applying to staff of the municipality;
"Complaint" is a request asking the Integrity Commissioner to conduct an inquiry
into an alleged contravention of a Code of Conduct or of the Municipal Conflict of Interest Act (“MCIA”), or of a provision of any procedure, rule or policy of the Township or local board of the Township, as the case may be, governing the ethical behaviour of Members;
“Council” means the Council of the Township; “Member” means, respectively, a Member of the Council of the Township of Adjala-
Tosorontio, or a Member of a local board of the Township.
1.2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and as may be amended from time to time, and shall be treated in all respects as an Ontario contract.
2.0 Duties
2.1 Subject to and in accordance with applicable legislation and the terms of this
Agreement, the Township retains the Integrity Commissioner to carry out the duties of the position in an independent manner, and the Integrity Commissioner agrees to assume this role and carry out the role of the Integrity Commissioner as it may be defined from time to time in legislation and as otherwise contemplated by this Agreement.
2.2 The role of the Integrity Commissioner includes the following duties:
a. to provide advice on the application of the Code of Conduct, and on the
Township’s policies, procedures, protocols and rules relating to the ethical conduct of Members, and the Municipal Conflict of Interest Act;
b. to conduct inquiries in response to a complaint regarding whether a
Member has contravened the Code of Conduct, Township policies, procedures, protocols and rules relating to the ethical conduct of Members,
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or sections 5, 5.1. or 5.2 of the Municipal Conflict of Interest Act; c. to provide opinions on policy matters and make other reports to Council as
requested on issues of ethics and integrity; d. upon request by the Township, to provide educational information and
training to Council, to Members and to the public on matters related to the Code of Conduct and issues of ethics and integrity and to the Municipal Conflict of Interest Act;
e. to provide general information to members of the public, on request, about
the Code of Conduct, complaint protocols and the availability of complaint resolution services or referrals;
f. to maintain custody and control of the Integrity Commissioner’s complaint
and inquiry files and, on completion of his or her term of appointment, to transfer open files relating to ongoing matters to the incoming Integrity Commissioner appointed by Council;
g. to provide such other services respecting ethical and integrity matters as
assigned by Council or as may be required by the Municipal Act, 2001, and h. to provide an annual report to Council respecting the advice, education and
investigations carried out in the previous year, and developments or recommendations of significance related to the role of the Township’s Integrity Commissioner.
2.3 The Integrity Commissioner shall perform the duties expeditiously in an
independent and professional manner, in compliance with all applicable laws. For greater certainty, the Integrity Commissioner is entitled to establish such procedures, practices, protocols and policies to support the performance of the Integrity Commissioner’s duties in a manner which best serves the public interest.
2.4 The Township shall provide public access to the Code of Conduct through its web
site. The Township shall also provide information about the Code of Conduct, the role of the Integrity Commissioner and the complaint process on its website. The Integrity Commissioner's duties do not include development of a website or similar public information, but any concern surrounding appropriate dissemination of information relevant to the duties of the Integrity Commissioner may be forwarded to the Clerk for consideration. Review of website content does not constitute part of the Integrity Commissioner’s duties, unless specifically requested to do so by the Township.
2.5 The Township may in writing at any time after the execution of this Agreement or
the commencement of the duties of the Integrity Commissioner, delete, extend, vary or otherwise alter the Code of Conduct and the duties forming the subject of this Agreement. The Township shall consult with the Integrity Commissioner prior
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to changing the duties. The Integrity Commissioner shall have the option of terminating this Agreement in accordance with the termination provisions outlined in this Agreement if the scope of the duties is materially altered without the Integrity Commissioner’s consent.
2.6 The Integrity Commissioner will not issue any media release, public
announcement or public disclosure relating to this Agreement or the subject-matter of this Agreement without the prior written consent of the Township except that this provision will not preclude the Integrity Commissioner from responding where the Integrity Commissioner’s Report has been provided publicly to Council.
3.0 Fees
3.1 Commencing on March 1, 2019, the Township shall pay the Integrity
Commissioner an annual retainer of $1000.
3.2 The Township shall pay the Integrity Commissioner a block fee of $1600 per day for attendance, including preparation, at any meeting of Council or a local board for the purpose of conducting training or education.
3.3 For the performance of the remaining duties under this Agreement, the Township
shall pay the Integrity Commissioner an hourly rate of $230, to be billed monthly, subject to:
a. a cap of $3000 in respect of the initial preparation or review of any
applicable Code of Conduct and related protocols; and b. the Integrity Commissioner apprising the Township with an explanation
when the fee for investigations will exceed $5000 in a single month;
3.4 As travel to Township offices will be required from time to time, the Integrity Commissioner will consider auto and rail transportation services, subject to what is most feasible in terms of timing. The Township shall reimburse the Integrity Commissioner for the actual cost of rail transportation, and auto transportation at the following rate: $ 0.54 per km
3.5 Where overnight accommodation is required, the Township will reimburse the
reasonable cost of such accommodation. Other reasonable disbursements will be reimbursed at cost and receipts are required before payment is made.
3.6 Should the Integrity Commissioner require a meeting space at the Township, the
Clerk will make arrangements to provide such space in a Township facility on an as needed and as available basis. All such requests will be arranged by the Clerk. In arranging for such space, the Township will be mindful of the importance of confidentiality. The Integrity Commissioner may request space in another facility where the space offered could, in the opinion of the Integrity Commissioner give rise to confidentiality concerns and the Township will make all reasonable efforts to accommodate such requests in a timely fashion.
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3.7 Any reports prepared by the Integrity Commissioner shall be provided to the Clerk who will be responsible for printing and distributing the Integrity Commissioner's report at the expense of the Township.
3.8 The Integrity Commissioner shall submit monthly invoices for services performed. 3.9 Payments to the Integrity Commissioner will be by cheque, Electronic Funds
Transfer or such other method as the parties may agree to from time to time. 3.10 The Integrity Commissioner shall not seek reimbursement from the Township for
any costs incurred by him/her which are not specifically set out in this Agreement, unless such costs are pre-authorized in writing by the Clerk.
3.11 The Township shall pay the amount of any invoice submitted in accordance with
this Agreement within 30 days of the date of receipt. 4.0 Confidentiality
4.1 During the term of this Agreement, pursuant to Subsection 223 .1 of the Municipal
Act, 2001, the Integrity Commissioner is entitled to have access to all books, financial records, electronic data, processing records, reports, files and any other papers, things or property belonging to or used by the municipality that the Integrity Commissioner believes to be necessary for an inquiry.
4.2 The Integrity Commissioner and every person acting under the instructions of the
Integrity Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of carrying out any of the duties of the Integrity Commissioner under this Agreement, except as required by law in a criminal proceeding or in accordance with the provisions of Subsection 223.5(1) of the Municipal Act, 2001.
4.3 Pursuant to Subsection 223.5(3) of the Municipal Act, 2001, 4.2 prevails over
the Municipal Freedom of Information and Protection of Privacy Act. 4.4 Where the Integrity Commissioner reports to the Township that in his or her
opinion a Member has contravened the Code of Conduct, the Integrity Commissioner may disclose in the report such matters as in the Integrity Commissioner's opinion are necessary, subject to applicable law.
4.5 If the Integrity Commissioner, when conducting an inquiry, determines that
there are reasonable grounds to believe that there has been a contravention of any other Act, including the Criminal Code of Canada, the Integrity Commissioner will refer that portion of the matter to the appropriate authorities and suspend an inquiry of that portion of the matter until any resulting police investigation and charge has been finally disposed of, and shall report the suspension to Council.
4.6 Except as may be required by law, the Integrity Commissioner shall not disclose
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confidential information that was the subject of a closed meeting under Section 239 of the Municipal Act, 2001, or which could identify a person concerned.
5.0 Indemnity and Insurance
5.1 The Township shall indemnify and save harmless the Integrity Commissioner
or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under Part V.1 of the Municipal Act or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority.
5.2 Except as provided for in 5.1, each party will indemnify and hold harmless the
other party, its successors, assigns, councillors, officers, directors, agents, partners, representatives, and employees from and against any and all liabilities, losses, damages, costs, expenses, actions, claims, and demands whatsoever, including reasonable attorneys’ fees, arising from any negligent or willful act or omission by itself, its employees, representatives or agents in connection with this Agreement. In no event will the parties be liable for any indirect damages hereunder.
5.3 During the term of this Agreement, the Integrity Commissioner shall procure,
maintain and keep in force, professional liability or errors and omissions insurance of not less than $5 million.
5.3 The insurance as required under subsection 5.3 shall not be terminated,
cancelled or materially altered unless written notice of such termination, cancellation or material is given by the insurers to the Township at least thirty (30) clear days before the effective date thereof. Any revisions must be submitted to the Clerk for approval.
6.0 Term and Termination. 6.1 This agreement shall be effective on March 1, 2019 and expire <Termination
Date> unless otherwise terminated by either party in accordance with the terms of this Agreement.
6.2 Either party may terminate this Agreement by giving thirty (30) calendar days’
notice in writing. Upon receipt of such written notice, the Integrity Commissioner shall not, without the consent of Council, perform any further duties other than those reasonably necessary to close out the Integrity Commissioner's duties. In such an event, the Integrity Commissioner shall be entitled to payment for those duties rendered and disbursements incurred to the date of such termination.
6.3 This Agreement may be extended or renewed upon mutual agreement of the
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Parties. 6.4 Upon termination of this Agreement, the Integrity Commissioner shall
forthwith deliver all material and documentation related to any investigations underway to the Township's next Integrity Commissioner, and all such material and documentation shall become the property of the new Integrity Commissioner of the Township. In the event of the Township not having contracted the services of a new Integrity Commissioner, upon termination of this Agreement, the Integrity Commissioner shall make arrangements with the Clerk to transfer the material and documentation related to ongoing investigations in such a manner that satisfies the Integrity Commissioner's concerns respecting the confidentiality of the records, while allowing their use for the purposes that they were created.
6.5 The Integrity Commissioner will maintain complete and accurate records of
supporting documentation for all amounts billable to and payments made by the Township under this Agreement and of the Integrity Commissioner’s performance hereunder and will retain such records for a period equal to a minimum of five (5) years following the end of the calendar year during which the relevant complaint file was closed. During the Term of this Agreement and any subsequent periods for which the Integrity Commissioner is required to maintain these records, the Integrity Commissioner will, upon reasonable notice from the Township, make these records available to the Township and its authorized agents and representatives during regular business hours.
6.6 The Integrity Commissioner shall retain all other records and documentation
relating to its duties for a period of seven years following the earlier of the finalization of a matter or termination of this agreement.
6.7 The Integrity Commissioner will cooperate with the Township and /or its
designee in fulfilling reasonable requests made in connection with the Township’s internal vendor due diligence and audit functions and will regard to examinations by regulatory authorities.
7.0 Integrity Commissioner's Representation & Warranties
7.1 The Integrity Commissioner represents and warrants to and in favour of the
Township and acknowledges that the Township is relying thereon as follows: 7.2 The Integrity Commissioner has full power and authority and has obtained all
necessary approvals to execute, deliver and perform this Agreement. 7.3 The Integrity Commissioner's execution, delivery and performance of this
Agreement shall not constitute:
a. a violation of any judgment, order or decree; b. a material default under any material contract by which it or any of its
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material assets are bound; or c. an event that would with notice or lapse of time, constitute such a
default.
7.4 The obligations and services of the Integrity Commissioner hereunder will be performed in a professional manner consistent with the highest industry standards reasonably applicable to the performance of such obligations.
7.5 The Integrity Commissioner does not have any conflicts of interest that would
interfere with carrying out the duties under this Agreement. Without limiting the generality of the foregoing, the principals of the Integrity Commissioner specifically acknowledge that they:
a. are not employees of the Township; b. do not have a financial interest in any matters involving the Township; c. do not have an interest in matters before Township of Adjala-
Tosorontio Council or in any work undertaken by the Township; d. do not have and never have had, any involvement in the municipal
politics of the Township.
7.6 The Integrity Commissioner will be impartial and neutral and shall perform all duties skillfully, competently, independently and in accordance with all applicable law.
8.0 Conflicts
8.1 Subject to 8.2 the Integrity Commissioner may after first advising the Clerk
and Members of Council in writing of such delegation, delegate certain duties, including the exercise of powers under the Municipal Conflict of Interest Act or the Public Inquiries Act, and the duty to report on an inquiry, in circumstances where both principals of the Integrity Commissioner become aware of a private interest in a matter that conflicts or could be perceived to conflict with the proper administration of the Integrity Commissioner’s role. The Integrity Commissioner recognizes and agrees that it has been selected by the Township to perform its duties based on the unique qualifications of its principals, and so any delegate will have qualifications, experience and expertise necessary to perform the duties to the same standard as the Integrity Commissioner. For greater certainty, the Integrity Commissioner will not assign or subcontract all or any portion of this Agreement without the prior written consent of the Township.
8.2 Upon receipt of a notice in writing from the Integrity Commissioner pursuant
to section 8.1, the Clerk may request the Integrity Commissioner to remove themselves from an investigation/inquiry or to stop any further work on a matter, in which case, the Integrity Commissioner shall immediately make arrangements to transfer all related documentation to the Clerk as soon as possible. In that case, the Clerk may retain another person to conduct the
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investigation/inquiry or to carry on the work in question in place of the Integrity Commissioner, as the Clerk deems appropriate.
9.0 General
9.1 The Integrity Commissioner is appointed pursuant to Subsection 223.1 of the
Municipal Act, 2001 and as such is responsible for performing the duties under this Agreement in an independent manner. The Integrity Commissioner may be identified publicly as the Township’s Integrity Commissioner however the Integrity Commissioner is an independent contractor and shall not be considered at any time to be an agent or employee of the Township.
9.2 Where in this Agreement any notice is required to be given or made by either
party to this Agreement, it shall be in writing and is effective if delivered in person, sent by ordinary or registered mail, or email addressed to the other party for whom it is intended at the following addresses, and any notice shall be deemed to have been given:
a. if delivered personally, on the date of such delivery; b. if by ordinary mail, on the second business day following the date of
mailing; c. if by registered mail, on the day the postal receipt is acknowledged by
the other party; d. if by email, on the day it is acknowledged by reply e-mail.
9.3 Any notices intended for the Township shall be delivered and addressed to:
The Corporation of the Township of Adjala-Tosorontio Office of the Clerk Attention: Kathryn Pearl, Clerk 7855 Sideroad 30 Alliston ON L9R 1V1 Phone: 705-434-5055 ext 263 Email: [email protected]
9.4 Any notices intended for the Integrity Commissioner shall be delivered and
addressed to:
Principles Integrity 30 Haddon Street, Toronto, ON M5M 3M9 Attention: Jeffrey A. Abrams and Janice Atwood-Petkovski Tel No.: 647-259-8697 Email: [email protected]
9.5 The address of either party may be changed by notice in the manner set out
in this section.
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9.6 This Agreement may only be changed or amended in writing duly executed by the duly authorized representatives of both parties.
9.7 In the event of a breach of any provision of this Agreement by one party to
this Agreement, no action or failure to act by the other party shall constitute a waiver of any right or duty afforded by that party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any such breach, except as may be specifically agreed to in writing by the party that is not in breach.
9.8 If any of the provisions of this Agreement shall be illegal or invalid, such
illegality or invalidity shall not render the whole agreement illegal or invalid, but the Agreement shall be construed as if it did not contain the illegal or invalid provision{s), and the rights and obligations of the parties shall be construed and enforced accordingly.
9.9 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of the Agreement and supersede all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written, unless they are expressly incorporated by additional reference in the Agreement.
9.10 Articles 4 and 5 shall survive upon termination of this Agreement. 9.11 Time shall be of the essence in all respects of this Agreement. 9.12 Each of the parties hereby covenants and agrees to execute and deliver such
further and other agreements, assurances, undertakings, acknowledgements or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their vote and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part hereof.
9.13 Any dispute, difference or disagreement between the parties in relation to this
agreement may, with the consent of Council and the Integrity Commissioner, be referred to arbitration. No person shall be appointed to act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the duties or in the business or other affairs of either the Township or the Integrity Commissioner. The determination of the arbitrator shall be final and binding upon the parties.
9.14 This Agreement may be signed in counterparts, each of which is an original,
and all of which taken together constitute one single document.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as
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duly attested to by the hands of their proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) ) ) ) ) I/We Have the Authority to Bind ) the Corporation ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO ____________________________ Floyd Pinto Mayor ____________________________ Kathryn A. Pearl Clerk
PRINCIPLES INTEGRITY ___________________________ Jeffrey A. Abrams Co-Principal ___________________________ Janice Atwood-Petkovski Co-Principal
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The Corporation of The Township of Adjala-Tosorontio
By-Law No. 19-
A By-Law to Confirm the Proceedings of Council of The Township of Adjala-Tosorontio at its Meeting held on February 11, 2019
Whereas pursuant to Section 5 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (“Municipal Act, 2001”) the powers of a municipality are to be exercised by its council by by-law; and
Whereas it is deemed expedient that the proceedings of the Council of the Township of Adjala-Tosorontio at this meeting be confirmed and adopted by by-law;
Now Therefore the Council of the Corporation of the Township of Adjala-Tosorontio enacts as follows:
1. That the actions of the Council of the Corporation of the Township of Adjala-Tosorontio in respect to each recommendation contained in all reports, motions, resolutions and other action passed and taken by the Township of Adjala-Tosorontio at this meeting is, subject to prior approval of the Ontario Municipal Board or other Provincial or Crown Ministry or agency, where required, hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.
2. That the Mayor and Clerk and the proper officials of the Corporation of the Township of Adjala-Tosorontio are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of the Township of Adjala-Tosorontio referred to in the preceding section.
3. That the Mayor and Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the Township of Adjala-Tosorontio.
4. That the provisions of this By-law shall take full force and effect with the passing hereof;
5. That notwithstanding anything contrary to the rules of procedure, this By-law be introduced and read a first and second time and be considered read a third time and finally passed this 11th day of February, 2019.
Floyd Pinto, Mayor
Kathryn A. Pearl, Clerk
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