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PRESCOTT TOWN COUNCILAGENDA

April 23, 2019

6:30 pmCouncil Chambers360 Dibble St. W.Prescott, Ontario

Pages

1. Call to Order

2. Approval of Agenda

RECOMMENDATIONThat the agenda for the Council meeting of April 23, 2019, be approved aspresented.

3. Declarations of Interest

4. Presentations

4.1 Brian Dikdan, Canadian Tire Prescott - Arena Fundraising Donation

5. Delegations

6. Minutes of the previous Council meetings

6.1 Regular Council Minutes - March 25, 2019 1

RECOMMENDATIONThat the Council minutes of March 25, 2019, be accepted as presented.

7. Communications & Petitions

7.1 Action Items

7.2 Information Items (under separate cover)

RECOMMENDATIONThat the information items under separate cover be received and filed.

8. Committee Reports

8.1 Committee of the Whole Report 07-2019

a. Committee of the Whole minutes dated April 1, 2019 10

RECOMMENDATIONThat the Committee of the Whole minutes dated April 1, 2019,be accepted as presented.


a. Committee of the Whole minutes dated April 15, 2019 15

RECOMMENDATIONThat the Committee of the Whole minutes dated April 15, 2019,be accepted as presented.

b. 2019 Capital & Operational Projects Budget 20

RECOMMENDATIONThat Council approve the Capital and Operational ProjectsBudget at a total of $928,000 for Capital Projects and $370,000for Operational Projects; and

That the reserve amounts be allocated as per staff report 30-2019.

c. 2019 Operational Budget 27

RECOMMENDATIONThat Council approve the 2019 Operational Budget with theinclusion of a 1.95% property tax increase and a 1.00% propertytax increase dedicated to infrastructure funding.

d. 2019 Water & Wastewater Budget

RECOMMENDATIONThat Council approve the 2019 Water and Wastewater budgetwith the inclusion of a 3% rate increase.

e. Business Directional Signage

RECOMMENDATIONThat Council approve the placement of new directional signs atappropriate road intersections for the purpose of promotingretail destination businesses located in areas which are noteasily visible from Prescott's arterial roads of Edward Street andKing Street; and

That the businesses recommended for signage at this timeinclude Portolano Glove Outlet and Ashley Homestore.

f. Splash Pad Location

RECOMMENDATIONThat Council direct staff to proceed with the planning of thesplash pad at Centennial Park.

9. Mayor

10. Outside Boards, Committees and Commissions

11. Staff

12. Resolutions

12.1 Prescott Business Improvement Area Board of ManagementAppointments

RECOMMENDATIONThat Council appoint the following members to the Prescott BusinessImprovement Area Board of Management for the current term ofCouncil, ending once a new board is appointed:

Kevin Bunce●

Karen Burman-Martin●

Lacey Casselman●

Ben Quenneville●

Sherry Spring●

Dave Stevens●

Pearl Visser●

Donna White●

Tracey Young●

13. By-laws

13.1 Council-Staff Relations Policy 30

RECOMMENDATIONThat By-Law 18-2019, being a by-law to establish a Council-StaffRelations Policy, be read a first and second time.

RECOMMENDATION

That By-Law 18-2019, being a by-law to establish a Council-StaffRelations Policy, be read a third time, passed and signed by the Mayorand Clerk.

13.2 Planning Services Agreement 38

RECOMMENDATIONThat By-Law 19-2019, being a by-law to authorize an agreementbetween WSP Canada Group Ltd. and the Corporation of the Town ofPrescott for the provision of planning services and an Official PlanReview, be read a first and second time.

RECOMMENDATION

That By-Law 19-2019, being a by-law to authorize an agreementbetween WSP Canada Group Ltd. and the Corporation of the Town ofPrescott for the provision of planning services and an Official PlanReview, be read a third time, passed and signed by the Mayor andClerk.

13.3 Capping Thresholds 55

RECOMMENDATIONThat By-Law 20-2019, being a by-law to adopt optional tools for thepurposes of administering limits for the commercial, industrial, and multi-residential property classes for the year 2019, be read a first andsecond time.

RECOMMENDATION

That By-Law 20-2019, being a by-law to adopt optional tools for thepurposes of administering limits for the commercial, industrial, and multi-residential property classes for the year 2019, be read a third time,passed and signed by the Mayor and Clerk.

13.4 2019 Tax Ratios 58

RECOMMENDATIONThat By-Law 21-2019, being a by-law to set tax ratios for the year 2019,be read a first and second time.

RECOMMENDATION

That By-Law 21-2019, being a by-law to set tax ratios for the year 2019,be read a third time, passed and signed by the Mayor and Clerk.

13.5 2019 Estimates By-Law 60

RECOMMENDATIONThat By-Law 22-2019, being a by-law to adopt the estimates for thesums required during the year 2019 for general purposes of theCorporation of the Town of Prescott, be read a first and second time.

RECOMMENDATION

That By-Law 22-2019, being a by-law to adopt the estimates for thesums required during the year 2019 for general purposes of theCorporation of the Town of Prescott, be read third time, passed andsigned by the Mayor and Clerk.

13.6 2019 Tax Rates 63

RECOMMENDATIONThat By-Law 23-2019, being a by-law to adopt tax rates for municipalpurposes for the year 2019, be read a first and second time.

RECOMMENDATION

That By-Law 23-2019, being a by-law to adopt tax rates for municipalpurposes for the year 2019, be read a third time, passed and signed bythe Mayor and Clerk.

14. New Business

15. Notices of Motion

16. Mayor’s Proclamation

16.1 Emergency Preparedness Week 67

17. Period for Media Questions

18. Closed Session

19. Rise and Report

20. Confirming By-Law – 24-2019 68

RECOMMENDATIONThat By-Law 24-2019, being a by-law to confirm the proceedings of the Councilmeeting held on April 23, 2019, be read a first and second time.

RECOMMENDATION

That By-Law 24-2019, being a by-law to confirm the proceedings of the Councilmeeting held on April 23, 2019, be read a third time, passed and signed by theMayor and Clerk.

21. Adjournment

PRESCOTT TOWN COUNCIL

MINUTES

Monday, March 25, 2019

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Mayor Brett Todd, Councillors Leanne Burton, Teresa Jansman,

Lee McConnell, Mike Ostrander, Gauri Shankar, and Ray Young

Staff Matthew Armstrong, CAO/Treasurer, Dan Beattie, Director of

Operations, Kimberley Casselman, Clerk, Katie Forrester,

Tourism & Recreation Coordinator, Shawn Merriman, Manager

of Building & By-Law, and Lindsey Veltkamp, Deputy Clerk

_____________________________________________________________________

1. Call to Order

Mayor Todd called the meeting to order at 6:30 p.m.

2. Approval of Agenda

Motion 58-2019: Jansman, Burton

That the agenda for the Council meeting of March 25, 2019, be accepted as

amended.

Carried

The agenda was amended by adding the following items:

Page 1 of 68

1) Under Item #7.2 – Information Items

7.2 a) – Royal Canadian Legion’s Easter Fun Day

7.2 b) – Fort Town Night Run – Facility Request

3. Declarations of Interest - None

4. Presentations - None

5. Delegations

5.1 Helen Cooper - Prescott Dive Ramp Advocates

Helen Cooper, Prescott Dive Ramp Advocates, spoke to a PowerPoint presentation,

which outlined diving in Prescott. A copy of the presentation is held on file. Ms. Cooper

spoke to the possibility of having the dive ramp reinstalled in Prescott again and

presented Council with a petition supporting a dive location in Prescott. A copy of the

petition is held on file.

Discussion was held regarding the survey that was initiated by Ms. Cooper, the token

system used in Brockville, and parking issues.

Matthew Armstrong, CAO/Treasurer, stated that the dive ramp was included in the

capital and operational project plan under projects that required further scope definition

and costing. He added that with approval from Council, staff would research the

necessary infrastructure needs and come up with a plan to present to Council with how

to move forward.

6. Minutes of the previous Council meetings

6.1 Regular Council Minutes - February 25, 2019

Motion 59-2019: Ostrander, Shankar

That the Council minutes of February 25, 2019, be accepted as presented.

Carried

7. Communications & Petitions

7.1 Action Items - None

Page 2 of 68

7.2 Information Items (under separate cover)

Motion 60-2019: Young, Shankar

That the information items under separate cover be received and filed.

Carried

1. Prescott Fire Department Council Report – February 2019 2. Prescott Police Services Board Report – February 2019

3. Fort Town Night Run Request – Use of the Arena

4. Royal Canadian Legion Branch 97 Donation Request – Easter Fun Day

5. United Counties of Leeds & Grenville Media Release – February 21, 2019

6. United Counties of Leeds & Grenville Media Release – March 5, 2019

7. Leeds, Grenville & Lanark District Health Unit Board of Health Meeting Summary

– February 28, 2019

8. Leeds, Grenville & Lanark District Health Unit Memo – March 11, 2019

9. Minister of Municipal Affairs and Housing letter – March 20, 2019

10. Ministry of Infrastructure letter – March 12, 2019

11. Township of Edwardsburgh Cardinal Notice of Open House Concerning a Proposed Official Plan Update

12. Town of Saugeen Shores resolution re: Recreation Infrastructure

13. Town of Newmarket resolution re: Bill 66, Restoring Ontario’s Competiveness

Act, 2018

14. City of Quinte West resolution re: Bottled Water

(a) Motion 61-2019: Burton, Jansman

That Council approve a $200 donation to the Prescott Legion’s Easter Fun

Day.

Carried

(b) Motion 62-2019: Shankar, Ostrander That Council approve that the Fort Town Night Run event be authorized to use the Lo Boivin Community Centre as their “rainy day plan” facility at no charge on May 4, 2019.

Carried

Page 3 of 68

8. Committee Reports


a. Committee of the Whole minutes dated March 4, 2019

Motion 63-2019: Shankar, Young

That the Committee of the Whole minutes dated March 4, 2019, be

amended as presented.

Carried

b. Water Tower Location Review Guidance

Motion 64-2019: Jansman, McConnell

That Council direct staff to explore appropriate site locations for a

new water tower by examining municipally owned properties first,

followed by privately owned properties.

Carried

Councillor McConnell spoke to the water tower location review. He provided background

on the asset management plan and the process involved with mapping underground

services.

c. Municipal Building 360 Dibble Street West, 2nd Floor

Renovation – Phases 2 & 3

Motion 65-2019: Burton, Young

That Council approve that Phases 2 & 3 on the 2nd Floor of the

Municipal Building at 360 Dibble Street West, be completed with

the Town acting as the General Contractor.

Carried

Councillor Burton spoke to the report. Discussion was held regarding future

renovations, the timeline for completion, and ensuring that the public is made aware of

the spaces available for rent.

Page 4 of 68

d. New Arena – Ice Plant Procurement

Motion 66-2019: Shankar, Ostrander

That Council direct Staff to procure an ice plant for the new arena

by sole sourcing to Cimco Refrigeration.

Carried

Councillor Shankar spoke to the item. He referenced Cimco’s services in Eastern

Ontario and the Town’s experience with the company.

Discussion was held regarding the option of a tender process. Further discussion was

held regarding the time involved in going to tender and the risk involved in delaying the

Town’s application for funding.


a. Committee of the Whole minutes dated March 18, 2019

Motion 67-2019: Ostrander, Shankar

That the Committee of the Whole minutes dated March 18, 2019,

be accepted as presented.

Carried

9. Mayor

Mayor Todd spoke to his attendance at the Leo Boivin International Midget AAA

Showcase and congratulated all involved. He referenced his attendance at the Eastern

Ontario Mayors Caucus meeting held in Belleville.

10. Outside Boards, Committees and Commissions

Councillor Burton spoke to her attendance at Library Board and Cemetery Board

meetings. She thanked Town staff for organizing March break events and thanked the

Leo Boivin Showcase Volunteer Group for their hard work towards the tournament.

Councillor Jansman spoke to her attendance at a marketing collaboration meeting held

on March 13, the Prescott-Ogdensburg Ferry Working Group meeting, and an upcoming

BIA meeting taking place on March 27. She thanked staff for their hard work organizing

and running the events over March break.

Page 5 of 68

Councillor McConnell spoke to the status of sewers, sidewalks, and streets.

Councillor Ostrander spoke to his attendance at the Prescott Fire Department’s meeting

held on March 5, the United Counties of Leeds & Grenville Community Consultation

regarding housing and homelessness held on March 7, the Prescott Police Services

Board meeting held on March 21, the Leo Boivin International Midget AAA Showcase,

and a CPHC fundraising evening.

Councillor Shankar spoke to his attendance at the Community Economic Development

101 Workshop held on March 8, an upcoming Teeny Tiny Summit in 2019, and

mentioned a donation from The Row to South Dundas Minor Hockey.

Councillor Young spoke to his attendance at the St. Lawrence Lodge Board of

Management meeting held on February 26.

Councillor Burton congratulated Donna White on her Lifetime Achievement Award

awarded by the Leeds Grenville Small Business Enterprise Centre.

11. Staff

11.1 Staff Report 26-2019 - Statement of Remuneration and Expenses –

Members of Council 2018

Matthew Armstrong, CAO/Treasurer, provided an overview of the report.

Discussion was held regarding a Council remuneration review and the Prescott Police

Services Board stipend.

12. Resolutions

12.1 Prescott-Ogdensburg Ferry Working Group Appointment


That Council appoint Fraser Laschinger to the Prescott-Ogdensburg Ferry

Working Group.

Carried

Councillor Jansman spoke to the appointment. She spoke to Mr. Laschinger’s

involvement with the working group and to his experience. Mayor Todd referenced a

recent meeting held by the working group.

Page 6 of 68

13. By-laws

13.1 Sign & Display By-Law


That By-Law 16-2019, being a by-law for prohibiting or regulating the

erection of signs, advertising devices, posting of notices, portable signs,

and merchandise and window displays within the Town of Prescott, be

read a first and second time.

Carried


That By-Law 16-2019, being a by-law for prohibiting or regulating the

erection of signs, advertising devices, posting of notices, portable signs,

and merchandise and window displays within the Town of Prescott, be

read a third time, passed and signed by the Mayor and Clerk.

Carried

Councillor Jansman spoke to the process and public engagement involved in the

updating of the sign by-law. Shawn Merriman, Manager of Building & By-Law, spoke to

the changes made to the by-law.

Discussion was held regarding the distance between signs, video signage, and the

maximum permit fees.

14. New Business - None

15. Notices of Motion - None

16. Mayor’s Proclamation - None

17. Period for Media Questions - None

Page 7 of 68

18. Closed Session

18.1 HR Matter


That Council move into Closed Session at 7:51 p.m. to address a matter

pertaining to:

18.1 HR Matter

- personal matters about an identifiable individual, including municipal or

local board employees; and

That the CAO/Treasurer, Director of Operations, Clerk, Deputy Clerk, and

Tourism & Recreation Coordinator remain in the room.

Carried


That the meeting reconvene in Open Session. (Time: 8:15 p.m.)

Carried

19. Rise and Report

During the Closed Session, Council received information and provided direction to staff

on an HR matter.

20. Confirming By-Law – 17-2019


That By-Law 17-2019, being a by-law to confirm the proceedings of the Council

meeting held on March 25, 2019, be read a first and second time.

Carried


That By-Law 17-2019, being a by-law to confirm the proceedings of the Council

meeting held on March 25, 2019, be read a third time, passed and signed by the

Mayor and Clerk.

Carried

Page 8 of 68

21. Adjournment

Motion 75-2019: Shankar, Ostrander

That the meeting be adjourned to Monday, April 22, 2019, at 6:30 p.m.

(Time: 8:16 p.m.)

Carried

______________________________ ________________________________

Mayor Clerk

Page 9 of 68

COMMITTEE OF THE WHOLE

MINUTES

Monday, April 1, 2019

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Mayor Brett Todd, Councillors Leanne Burton, Lee McConnell,

Gauri Shankar, Mike Ostrander, and Ray Young

Staff Dan Beattie, Director of Operations, Kimberley Casselman,

Clerk, Katie Forrester, Tourism & Recreation Coordinator, and

Lindsey Veltkamp, Deputy Clerk

1. CALL TO ORDER

Councillor Burton, Chair, called the meeting to order at 6:30 p.m.

2. APPROVAL OF AGENDA

Motion: McConnell, Ostrander

That the agenda be adopted as presented.

Carried

3. DECLARATIONS OF INTEREST - None

Page 10 of 68

4. PRESENTATIONS

4.1 Prescott Royal Canadian Legion Branch 97 - Arena Fundraising

Cheque Presentation

Frank Murphy & Eric Place from Prescott Royal Canadian Legion Branch 97 presented

Council with a donation of $1,500 for the new arena.

4.2 Victim Services of Leeds and Grenville - Sonya Jodoin, Executive

Director

Sonya Jodoin, Victim Services of Leeds & Grenville, spoke to a PowerPoint

presentation. A copy of the presentation is held on file. Ms. Jodoin spoke to the

organization, core services, mandate, and financial supports.

Discussion was held regarding Victim Services of Leeds & Grenville’s attendance at a

recent Joint Services meeting and funding for a Sexual Assault Crisis Centre for Leeds

and Grenville.

4.3 Connect Youth - Victoria Robertson, Youth Transitional Shelter Case

Manager

Victoria Robertson, Connect Youth, spoke to a PowerPoint presentation. A copy of the

presentation is held on file. Ms. Robertson spoke to their mandate and core programs.

Discussion was held regarding the support from the Town and South Grenville District

High School.

5. DELEGATIONS

5.1 Brad Snelling - Splash Pad Location

Brad Snelling provided Committee with feedback regarding the Splash Pad location in

Fairway Park. He spoke to the hard work of volunteers, the importance of choosing the

best location, and the concern of sufficient time for planning. Mr. Snelling expressed his

view that a splash pad should not be built in a residential area.

Page 11 of 68

6. FINANCE & CORPORATE SERVICES - None

7. OPERATIONS

Councillor Shankar spoke to operational updates. He stated that damages to yards

caused by snowplows during the winter months would be repaired shortly, the street

sweeper would start street cleaning soon, the downtown traffic lights would be replaced

between April 15 and May 15, and that plants had been planted in the Town’s

greenhouse.

8. ECONOMIC DEVELOPMENT, BUILDING, BY-LAW, PLANNING & HERITAGE

- None

9. WATER & WASTEWATER

Councillor McConnell spoke to a recent watermain break and referenced the significant

rainfall over the weekend.

10. PROTECTIVE SERVICES & COMMUNITY LIAISON

Councillor Ostrander spoke to an upcoming Prescott Fire Department meeting and the

timeline for the official opening of the Fire Hall.

10.1 2019 Community Awards - Verbal Update

Kimberley Casselman, Clerk, spoke to the closing of the nomination period for the 2019

Community Awards. She referenced the number of submissions and requested

direction from Council.

Discussion was held regarding extending the nomination period for an additional two

weeks, with a closing date of Thursday, April 18, at 4:30 p.m.

Further discussion was held regarding the 2019 Community Awards selection panel

members.

Page 12 of 68

11. CAPITAL & PROJECTS

11.1 Splash Pad Location Survey Results

Katie Forrester, Tourism & Recreation Coordinator, spoke the survey results. She

referenced the survey’s engagement on social media, the location preference based on

the survey, and comments received.

Discussion was held regarding the Facebook survey comments, results from the survey,

the clarity of the survey questions, the work of the Splash Pad Committee, and a recent

Splash Pad fundraising event.

12. NEW BUSINESS

Councillor Burton spoke to Grace Scott’s retirement from the Prescott Cemetery Board

of Management. She thanked Ms. Scott for her service and dedication.

13. PERIOD FOR MEDIA QUESTIONS - None

14. CLOSED SESSION

14.1 Insurance Training

Motion: Young, Shankar

That Committee of the Whole resolve into Council and move into Closed

Session at 7:45 p.m. under Section 239 (3.1) of the Municipal Act, 2001,

for the purpose of educating or training the members with regard to

"Insurance Training"; and

That at the meeting , no member discuss or otherwise deal with any

matter in a way that materially advances business or decision-making of

the Council, local board, or committee; and

That the Director of Operations, Clerk, Deputy Clerk, Tourism &

Recreation Coordinator, Greg Kenney, Irving H. Miller Insurance Brokers,

and Debra Murphy, Frank Cowan Company, remain in the room.

Carried

Page 13 of 68


That Council reconvene into Committee of the Whole and move into Open

Session. (Time: 8:58 p.m.)

Carried

15. RISE AND REPORT

During the Closed Session, Council received training on the Town’s insurance.

16. ADJOURNMENT


That the meeting be adjourned. (Time 8:59 p.m.).

Carried

Page 14 of 68

COMMITTEE OF THE WHOLE

MINUTES

Monday, April 15, 2019

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Mayor Brett Todd, Councillors Leanne Burton,Teresa Jansman,

Lee McConnell, Gauri Shankar, Mike Ostrander, and Ray Young

Staff Matthew Armstrong, CAO/Treasurer, Dan Beattie, Director of

Operations, Kimberley Casselman, Clerk, Katie Forrester,

Tourism & Recreation Coordinator, Dana Valentyne, Economic

Development Officer, and Lindsey Veltkamp, Deputy Clerk

1. CALL TO ORDER

Councillor Burton, Chair, called the meeting to order at 6:30 p.m.

2. APPROVAL OF AGENDA

Motion: Young, Ostrander

That the agenda be adopted as presented.

Carried

3. DECLARATIONS OF INTEREST - None

Page 15 of 68

4. DELEGATIONS

4.1 Julie LaRose – Fort Town Night Run

Julie LaRose spoke to the increase in registrations for this year’s run and requested that

the Mayor attend and present awards for the Neon Spirit Award and the Business Spirit

Award.

Mayor Todd thanked Ms. LaRose and those involved with organizing the Fort Town

Night Run. Discussion was held regarding where the route was published.

5. PRESENTATIONS

5.1 Leeds Grenville Small Business Enterprise Centre – Jeanette

Johnston

Jeanette Johnston, Leeds Grenville Small Business Enterprise Centre, spoke to a

presentation. A copy of the presentation is held on file. She referenced the Leeds

Grenville Small Business Enterprise Centre’s core services, programs, training, and

past events.

Mayor Todd thanked Ms. Johnston for sharing the centre’s success stories and for

empowering youth and business owners.

6. FINANCE & CORPORATE SERVICES

6.1 Staff Report 27-2019 - 2019 Capital & Operational Projects Budget

Matthew Armstrong, CAO/Treasurer, spoke to the report. He referenced the project

planning activities, capital suggestions, future year suggestions, operational project

suggestions, financial implications, and next steps involved with the budget process.

Discussion was held regarding heavy investments and the potential for money-savings

through shared services. Further discussion was held regarding the ability to complete

some operational projects in-house.

Motion: Todd, Shankar

That Committee of the Whole recommend that Council approve the Capital &

Operational Projects Budget at a total of $928,000 for Capital Projects and

$370,000 for Operational Projects; and

That the reserve amounts be allocated as per the budget staff report.

Carried

Page 16 of 68

6.2 Staff Report 28-2019 – 2019 Operational Budget Strategic Discussion

Matthew Armstrong, CAO/Treasurer, spoke to the report. He provided background on

the proposed 1.95% property tax increase, the 1% property tax increase dedicated to

infrastructure, decrease in educational property tax rates, and that the water and

wastewater budget includes a rate increase of 3%.

Discussion was held regarding the rate of increase for the water & wastewater tax.

Motion: Todd, Jansman

That Committee of the Whole recommend that Council approve the 2019

Operational Budget with the inclusion of a 1.95% property tax increase and a

1.00% property tax increase dedicated to infrastructure funding.

Carried

Motion: Young, Jansman

That Committee of the Whole recommend that Council approve the 2019 Water

and Wastewater budget with the inclusion of a 3% rate increase.

Carried

6.3 Staff Report 29-2019 – Council-Staff Relations Policy

Motion: Young, Ostrander

That Committee of the Whole forward the Council-Staff Relations Policy, with

amendments, to the Council meeting of April 23, 2019, for final consideration and

approval.

Carried

Kimberley Casselman, Clerk, spoke to the policy. She stated that the policy was

mandatory due to the recent amendments to Bill 68, Modernizing Ontario’s Municipal

Legislation Act and that it was in line with the Town’s Code of Conduct for Members of

Council and Local Boards.

Discussion was held regarding aligning the policy to the Municipal Act’s definitions of

roles, emails to staff during after hours, and ensuring that the CAO reviews all staff

reports.

Page 17 of 68

7. OPERATIONS - None

8. ECONOMIC DEVELOPMENT, BUILDING, BY-LAW, PLANNING & HERITAGE

8.1 Staff Report 30-2019 – Business Directional Signage

Motion: Jansman, Young

That Committee of the Whole recommend that Council approve the placement of

new directional signs at appropriate road intersections for the purpose of

promoting retail destination businesses located in areas, which are not easily

visible from Prescott’s arterial roads of Edward Street & King Street; and

That the businesses recommended for signage at this time include Portolano

Glove Outlet and Ashley Homestore.

Carried

Dana Valentyne, Economic Development Officer, provided an overview of the report.

Discussion was held regarding ongoing issues with directional signage and the design

of the signs.

9. WATER & WASTEWATER - None

10. PROTECTIVE SERVICES & COMMUNITY LIAISON

Councillor Ostrander spoke to an upcoming Emergency Management Committee

meeting being held on Thursday, April 18.

11. CAPITAL & PROJECTS

11.1 Staff Report 31-2019 – Splash Pad Location

Motion: Todd, Young

That Committee of the Whole recommend that Council direct staff to proceed

with the planning of the splash pad at Centennial Park.

Carried

Page 18 of 68

Matthew Armstrong, CAO/Treasurer, spoke to the report. Discussion was held

regarding the work of the splash pad committee, the process for future grant

applications, and potential issues with parking at Centennial Park.

12. NEW BUSINESS - None

13. PERIOD FOR MEDIA QUESTIONS - None

14. CLOSED SESSION – None

15. RISE AND REPORT - None

16. ADJOURNMENT

Motion: Shankar, Ostrander

That the meeting be adjourned. (Time 8:31 p.m.).

Carried

Page 19 of 68

Date Req’d

Information Purposes

Policy / Action Req’d X Apr 23 ‘19

Strategic Plan

STAFF REPORT TO COUNCIL Report No. 30-2019

Date: April 23, 2019 From: Matthew Armstrong, Chief Administrative Officer and Treasurer RE: 2019 Capital and Operational Approved Projects Budget ____________________________________________________________________ Recommendation: That Council approve the Capital and Operational Projects Budget at a total of $928,000

for Capital Projects and $370,000 for Operational Projects; and

That the reserve amounts be allocated as per staff report 30-2019.

Background / Analysis: The following tables constitute the listing 2019 Capital and Operational Projects broken down by category. 2019 Project Planning Activities

Description Rationale

Arena Engineering Plans To prepare for upcoming grant and funding opportunities

Dibble Street East Reconstruction

To prepare for road reconstruction project in 2020

Water Tower Location and Studies

To set location so that engineering and design work can proceed

Page 20 of 68

Date Req’d



Strategic Plan

Asset Management Plan Continuation

To bring plan together with accompanying long term financial plan

2019 Capital Projects

Description Rationale

Estimated Cost

Possible Funding Source

Wing Plow Truck Replacement

Truck is 2002 at end of life

300,000

Debt over 10 years, about half the life of the equipment, remainder of life put money in reserve for next replacement.

Phase 2 & 3 2nd Floor Town Hall

Complete space to make available for use

255,000

Infrastructure Reserves

Splash pad 2019 Successful Trillium Grant

280,000

$125,000 Splash Pad Reserve, $150,000 Trillium Grant, $5,000 Fundraising

Side by Side Utility Vehicle or small truck

Reduce use of large trucks to drive in parks, garbage collection, etc.

20,000 Public Works Reserve

SCBA Gear Part of Regular Replacement Cycle now in place

15,000 Fire Department Equipment Reserve

Bunker Gear Part of Regular Replacement Cycle now in place

15,000 Fire Department Equipment Reserve

Swing Set & Play Structure analysis and replacement at Town Parks

To support regular upgrades and replacement of aging park equipment

20,000 Parks Reserve

Boss Front End Flow for Truck

Replacement of plow on Truck #009 is at end of life


New Grass and leaves collection

Current system from 1991 and needs replacement

10,000 Parks Reserve

Page 21 of 68

Date Req’d



Strategic Plan

system for parks

928,000

2019 Operational Projects

Description Rationale Estimated

Cost Possible

Funding Source

Official Plan Review Review is required every 10 years. Was due in 2016.

55,000 Planning Reserve

Replace non-functional electrical and water pedestals an marina docks as required

Some pedestals are end of life and require replacement

15,000 Marina Reserve

Repair of sinking dock sections at marina

Health & Safety Issue 15,000 Marina Reserve

Replacement of dock boards at the marina

Health & Safety Issue for rotted and broken boards

25,000 Marina Reserve

Purchase of new speed spy sign for east end of King Street

PSB passed a motion to purchase a new speed spy sign. This would be the same model as the one on the west end of King Street.

5,500 Police Services Board Reserve

Crosswalk painting in pride colours, King and Russell

To promote inclusiveness in the community and to visitors

3,500 Fiscal Policy Reserve

Page 22 of 68

Date Req’d



Strategic Plan

Business and Organization logon portal for Town Website, for Business and Organization directory, job/volunteers ads, events, etc.

Will allow Town businesses and organizations to log in and take control of their information housed on the Town website


Council Meeting Recording Equipment

Council meetings can be recorded and posted on the Town's YouTube channel to enhance community access


Digital Signage in Town on ends of King Street and North End of Edward

To allow for digital signage installation on either end of King Street and one on Edward Street to help wayfinding and economic and community development


New 6x10 Dump Trailer

To support cost reduce of brining curb side pickup of branches in house to save on wood chipping costs


Water Supply Line to Pool

Possible Failure 3,500 Building Reserve

Events Trailer

To allow for the storing and transport of tables and chairs to take to multiple venues as required


Continuation of lock and key replacement

Multi-year project to switch all town facilities to one solution for locks and keys


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Date Req’d



Strategic Plan

New Banners King Street & Edward Street

Replace banners with new ones including triangle banner for street side of poles


Complete LED Street Light Replacement

As remaining ones fail replacing heads or bulbs to LED.

as required

From operational budget

New gate for East side of Operations Building

Access to greenhouse for volunteer plant care and maintenance

10,000 Building Reserve

Upgrades to Pool Building Exterior, new siding, doors, eaves trough

To address exterior building deficiencies

15,000 Building Reserve

Lighting at Tennis Courts As remaining ones fail replacing heads or bulbs to LED.

as required

From operational budget

CIP Program Support To replenish CIP reserve for further projects

75,000 From Fiscal Policy Reserve

Brockville General Hospital Foundation Support 30k for 9 Years

To respond to request from hospital to support capital project.


Town Signage and Wayfinding

Official Plan will take a look at signage and wayfinding. To implement OP recommendations

15,000 From Planning Reserve

Enter into site certification process for vacant land parcel south of the 401

Proceed with application to enter the provincial site certification process

None until accepted into program

N/A

Waterfront PRESCOTT sign similar to Toronto Sign

To promote the Town of Prescott from the water side and create a visitor attraction


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Date Req’d



Strategic Plan

Veterans Banners by partnering with Legion

Other communities have memorialized veterans through the use of banners in partnership with the Legion.

-

Are supported by revenue to initially make banner.

370,000

Financial Implications:

A summary of Reserves that take into account the above capital and operational projects is below.

Reserve 2018

Estimate 2019

Additions 2019 Use 2019

Estimate

Building 6,236 24,550 (28,500) 2,286

Election - 5,100 - 5,100

Emergency Management 2,011 - - 2,011

Community Centre - 235,000 - 235,000

Working Funds 880,000 - - 880,000

Planning 87,000 - (70,000) 17,000

Downtown Revitalization 20,000 - - 20,000

Community Improvement Plan - 100,000 - 100,000

PSB Sponsored Programs 8,637 - (5,500) 3,137

Fire Equipment Reserve 20,656 30,000 (30,000) 20,656

Fire Building Reserve - 270,000 (270,000) -

Infrastructure 160,000 - (160,000) -

Infrastructure Property Tax 54,102 110,067 (95,000) 69,169

Modernization Reserve - 591,400 - 591,400

Public Works 10,000 31,900 (41,000) 900

Heritage 2,068 - - 2,068

Splash Pad, Dog Park 100,000 25,000 (125,000) -

Library 35,611 - - 35,611

Library E-Learning 1,050 - - 1,050

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Date Req’d



Strategic Plan

Kinsmen 1,066 - - 1,066

Outdoor Rink Bell Sport 1,328 - - 1,328

Walker House 7,467 1,750 - 9,217

Museum 63,012 21,000 - 84,012

Marina 100,000 43,500 (55,000) 88,500

Fiscal Policy 400,413 101,500 (203,000) 298,913

Business Improvement Area 20,267 - - 20,267

Health Centre 22,678 7,800 - 30,478

Parks 17,543 12,600 (30,000) 143

Water Fountain 3,276 3,000 - 6,276

Cemetery 8,638 - - 8,638

2,033,059

1,614,167 (1,113,000) 2,534,226

Attachments: None Submitted by Matthew Armstrong Chief Administrative Officer & Treasurer

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Date Req’d



Strategic Plan

STAFF REPORT TO COUNCIL Report No. 31-2019

Date: April 23, 2019 From: Matthew Armstrong, Chief Administrative Officer and Treasurer RE: 2019 Operational Budget ____________________________________________________________________ Recommendations: That Council approve the 2019 Operational Budget with the inclusion of a 1.95% property tax increase and a 1.00% property tax increase dedicated to infrastructure funding. That Council approve the 2019 Water and Wastewater budget with the inclusion of a 3% rate increase. Background / Analysis: The 2019 Budget has been reviewed over the following meetings. December 10th Health Services & Social Services January 7th Administration, Protective Services, Planning & Development February 19th Transportation, Parks, Recreation, Environmental Services Water and Wastewater March 18th Revenue & Taxation Operational Budget Status & Update April 15th Capital and Operational Budget Review April 15th 2019 Operational Budget Strategic Discussion

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Date Req’d



Strategic Plan

Financial Implications: The following table captures the 2019 Operational Budget status excluding projects and water / wastewater budgets.

Budget Notes Reserves

Revenues 3,101,925 30,000

Property Taxes Base 5,858,383

Property Taxes 1.95% Increase 109,143

Property Taxes 1.00% Increase 55,965 Dedicated to Infrastructure

Modernization Funding 591,400

OCIF Funding Roads 88,910

Total Revenues 9,805,726 30,000

Expenses 9,125,416 947,767

Modernization Funding 591,400 To be put into reserve 591,400

OCIF Funding Roads 88,910

Total Expenses 9,805,276 1,539,767

Net - 1,509,167

As noted above the 2019 Operational Budget includes a 1.95% property tax increase to address inflationary costs and a 1.00% property tax increase dedicated to infrastructure funding. The 2019 Operational Budget includes a net contribution to reserves of $1,509,167 before capital and operational projects are considered. The water and wastewater budgets include a net contribution to reserves of $453,305. The water and wastewater budgets include an increase in rates of 3%.

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Date Req’d



Strategic Plan

2019 Water and Wastewater Budget

Budget Notes Reserves

Revenue Includes 3% rate increase

Wastewater Collection 459,508

Wastewater Treatment 1,199,794

Water Treatment 584,412

Water Revenue 631,271

Total Revenue 2,874,985

Expenses

Wastewater Collection 459,508 63,608

Wastewater Treatment 1,199,794 140,135

Water Treatment 584,412 180,476

Water Revenue 631,271 69,086

Total Expenses 2,874,985 453,305

Net - 453,305

Attachments: None Submitted by Matthew Armstrong Chief Administrative Officer & Treasurer

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THE CORPORATION OF THE TOWN OF PRESCOTT

BY-LAW NO. 18-2019

A BY-LAW TO ESTABLISH A COUNCIL-STAFF RELATIONS POLICY

A BY-LAW TO ESTABLISH A COUNCIL-STAFF RELATIONS POLICY

WHEREAS Section 270(1) 2.1. of the Municipal Act 2001, S.O. 2001, c. 25, as

amended, requires the adoption and maintenance of a policy with respect to the relationship between members of Council and the officers and employees of the municipality; and

WHEREAS the Council of the Corporation of the Town of Prescott deems it expedient and necessary to establish a policy with respect to the relationship between members of Council and the officers and employees of the municipality;

NOW THEREFORE the Council of the Corporation of the Town of Prescott enacts as follows:

1. That the Council-Staff Relations Policy, attached and forming part of this by-law as Schedule “A”, is hereby established.

2. This by-law shall come into force and take effect upon final passage. 3. That any other By-Laws, resolutions or actions of the Council of the Corporation of

the Town of Prescott that are inconsistent with the provisions of this By-Law are hereby rescinded.

READ A FIRST AND SECOND TIME THIS 23rd DAY OF APRIL, 2019.

____________________________ _____________________________

Mayor Clerk

READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019.

____________________________ _____________________________

Mayor Clerk

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Schedule “A” – By-Law 18-2019

Policy Type: Council Policy

Policy #: C-200-02

Approved by Council on: April 23, 2019

Council-Staff Relations Policy

Policy Statement

The Corporation of the Town of Prescott will promote a respectful, tolerant, harassment-free relationship and workplace between members of Council and the officers and employees of the corporation.

Purpose

This policy provides requirements on how the Town of Prescott will ensure a

respectful, tolerant, and harassment-free relationship and workplace between

Members and Staff.

Definitions

In this policy, the following terms have the meanings set out below:

“Member” includes the elected Head of Council and elected members of Council.

“Municipality” means the corporation of the Town of Prescott.

“Staff” includes anyone employed by the Municipality, including officers, full-time, part-time, temporary, casual or seasonal staff, contract staff, students, and volunteers.

Policy Requirements

1. Guiding Principles

The relationship between Members and Staff is set out as follows:

(a) Empowerment

Staff should be able to complete tasks assigned to them while feeling empowered to do so;

Members shall set policy and give direction in a way that empowers Staff. This enhances the ability of the Municipality to support the growth and success of its Staff and Members;

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In order for Staff to feel empowered in their roles, Members must entrust them with the authority they need to make decisions and allow them to act according to their understanding of the direction given and the work to be accomplished. This requires that Staff have the resources and the time required to accomplish tasks;

Staff must be dedicated to ensuring that Members have the information they need to make decisions.

(b) Professional Growth

By empowering Staff to take on challenges and complete tasks, opportunities for professional growth are also supported;

Any gaps in the skillsets of Staff can be addressed through education and the opportunity for Staff to create ideas to improve their work where necessary.

(c) Collaboration and Partnership

Members and the Chief Administrative Officer (“CAO”) shall create a collaborative relationship in order to accomplish tasks and set policy for the betterment of the Municipality;

The independent role of both the CAO and of Council must be respected by all parties;

Members and Staff shall create a collaborative relationship in order to accomplish tasks and set policy for the betterment of the Municipality;

A partnership between Members and the CAO, as well between Members and Staff should be fostered through effective communication and respecting each other’s roles.

(d) Respect

The relationship between Staff and Members and their defined roles must be respected to ensure that both Staff and Members are treated fairly;

Members and Staff shall foster a climate of mutual respect, recognizing the role that they play in serving the Municipality;

In order to promote respect in the workplace, Staff and Members shall listen to the ideas of each other without judgment, seek to understand the unique challenges to each other’s roles in serving the Municipality, provide constructive feedback when necessary, and encourage a collaborative relationship based on trust, kindness, and respect for individual skillsets.

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(e) Realistic Expectations

Members and Staff shall set reasonable expectations of each other, including providing reasonable timelines to accomplish tasks, and having respect for off-hours communications between Members and Staff;

Providing clear goals and direction are necessary in order to hold each other accountable for the accomplishment of tasks.

2. Clarifying the Role of Council, Head of Council, and the Role of Staff

2.1 Role of Council & Head of Council

The roles of Council and Head of Council are defined in sections 224 and 225 of the Municipal Act, 2001, as the following:

It is the role of council,

(a) to represent the public and to consider the well-being and interests of the municipality;

(b) to develop and evaluate the policies and programs of the municipality;

(c) to determine which services the municipality provides;

(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

(e) to maintain the financial integrity of the municipality; and

(f) to carry out the duties of council under this or any other Act.

It is the role of the head of council,

(a) to act as chief executive officer of the municipality;

(b) to preside over council meetings so that its business can be carried out efficiently and effectively;

(c) to provide leadership to the council;

(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);

(d) to represent the municipality at official functions; and

(e) to carry out the duties of the head of council under this or any other Act.

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2.2 The following points further clarify the roles of Members:

(a) The role of Members is to represent the Municipality, provide direction to Staff through the CAO, and create policy;

(b) Members shall seek to advance the common good of the Municipality;

(c) Members shall act in a way that enhances public confidence in local government;

(d) Members shall work with the CAO and Senior Management in a collaborative and supportive manner and not seek to usurp the administrative function of the CAO and Senior Management;

(e) Individual Members shall not direct Staff or intimidate Staff in the performance of their duties;

(f) Direction to Staff from Council as a whole by way of resolution may only be done through the CAO, as the CAO is responsible for Staff;

(g) Members should respect the time of Staff by providing advance notice of any substantial questions to be raised at Council or Committee meetings so that they may have the required time to provide an adequate response or report;

(h) Members should not expect immediate response time from Staff by email or phone unless the circumstances require such an immediate response;

(i) Emails sent to Staff during off-hours that require an immediate response, as necessary during an emergency, should be marked as “High Importance”. Members should otherwise not expect a response from Staff during off-hours.

(j) Members shall respect the role of the Municipality as an employer and provide direction and support for Staff that adheres to all legal obligations of an employer;

(k) Members shall not use offensive words toward each other or toward Staff and abide by other rules of conduct with respect to Staff during Council or Committee meetings, in accordance with the Municipality’s Procedural By-law;

(l) Members shall not put into question the integrity of Staff during Council or Committee meetings;

(m) Members shall be respectful of Staff in the workplace and shall not denigrate Staff in public or on social media;

(n) Members shall not subject any member of Staff to workplace harassment or allow or create any conditions that may promote inappropriate behaviours from occurring, in accordance with the Municipality’s Workplace Violence and Workplace Harassment Policy.

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2.3 Role of Chief Administrative Officer

The role of the Chief Administrative Officer is defined in section 229 of the Municipal Act, 2001, as the following:

A municipality may appoint a chief administrative officer who shall be responsible for,

(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and

(b) performing such other duties as are assigned by the municipality.

2.4 The following points further clarify the role of the Chief Administrative Officer:

(a) The CAO shall report directly to Council, and act as a liaison between Council and Staff to direct the implementation of Council’s policies through Senior Management and Staff;

(b) The primary focus of the CAO should be to foster collaborative working relationships with Members and Staff, while maintaining a separate and distinct role;

(c) The CAO shall remind Staff and Members, where necessary, of their roles and their duty to respect the personal and professional time and roles of one another;

(d) The CAO shall undertake such research as is necessary to make recommendations to Council to maintain and improve the efficient administration of the Municipality and to advance the goals of the Municipality;

(e) The CAO shall be respectful of Members in the workplace and not denigrate Members in public or on social media;

(f) The CAO shall not subject any Member to workplace harassment or allow or create any conditions that may promote inappropriate behaviours from occurring, in accordance with the Municipality’s Workplace Violence and Workplace Harassment Policy.

2.5 Role of Staff

The role of municipal staff is defined in section 227 of the Municipal Act, 2001, as the following:

It is the role of the officers and employees of the municipality,

(a) to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions;

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(b) to undertake research and provide advice to council on the policies and programs of the municipality; and

(c) to carry out other duties required under this or any Act and other duties assigned by the municipality.

2.6 The following points further clarify the role of staff:

(a) Staff shall complete tasks that may include researching policy or programs, providing professional advice, implementing decisions of Council, fulfilling statutory duties, and following direction of the CAO in a professional manner, and seeking assistance where necessary;

(b) Staff will generally communicate with individual Members through the CAO;

(c) Staff shall respect that Member’s time is valuable. Reports and presentations to Council should be concise to the extent possible, while still ensuring all necessary information is communicated to Council;

(d) Staff shall be professional and courteous to Members, in accordance with the Municipality’s Employee Code of Conduct;

(e) Staff shall be respectful of Members in the workplace and not denigrate Members in public or on social media;

(f) Staff shall not subject any Member to workplace harassment or allow or create any conditions that may promote inappropriate behaviours from occurring, in accordance with the Municipality’s Workplace Violence and Workplace Harassment Policy.

3. Adherence to other Codes and Policies

Members and Staff shall adhere to the Municipality’s existing applicable policies and procedures, including:

(a) Code of Conduct for Members of Council and Local Boards;

(b) Procedural By-Law;

(c) Human Resources Policies;

(d) Municipality’s Workplace Violence and Workplace Harassment Policy.

4. Responsibilities

Members and Staff are required to adhere to this policy and its governing provisions, including all other existing applicable policies and procedures adopted by the Municipality.

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Monitoring

Complaint Protocol

1. If a Member of Council or an employee has a concern that is not subject to a grievance he/she shall report it as per the following:

(a) In the case of Staff other than the CAO, the Department Head;

(b) In the case of the CAO, the Mayor or two Members of Council;

(c) In the case of a Member of Council, the Integrity Commissioner.

2. The CAO and/or Department Head shall investigate all complaints under this policy related to Staff and take such action as is deemed appropriate in the circumstances and in accordance with all other applicable policies;

3. Council shall investigate all complaints under this policy related to the CAO and take such action as is deemed appropriate in the circumstances and in accordance with all other applicable policies;

4. The Integrity Commissioner shall receive all complaints under this policy related to Members of Council and investigate in accordance with the process as set out in the Code of Conduct for Members of Council and Local Boards. Where there is a discrepancy between this Policy and the Code of Conduct, the Code of Conduct shall prevail.

Authority

The Municipal Act, 2001, requires Council to adopt and maintain a policy with respect to the relationship between Members and Staff. The Council-Staff Relations Policy identifies the legislation, policies, and procedures that the Municipality complies with in order to promote a respectful relationship between Members and Staff.

Contact

Chief Administrative Officer 360 Dibble Street West Prescott ON K0E 1T0 (613) 925-2812

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BY-LAW NO. 19-2019

A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN WSP CANADA GROUP

LTD. AND THE CORPORATION OF THE TOWN OF PRESCOTT FOR THE PROVISION OF PLANNING SERVICES AND AN OFFICIAL PLAN REVIEW

Being a by-law to authorize an agreement between WSP Canada Group Ltd. and the Corporation of the Town of Prescott for the provision of planning services and an Official Plan review.

WHEREAS, Section 9 of the Municipal Act 2001, S.O. 2001, c. 25, as amended,

grants municipalities the rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and

WHEREAS, Section 11(2) 7. Of the Municipal Act 2001, S.O. 2001, c. 25, as

amended, permits that municipalities may pass by-laws regarding the services and things that the municipality is authorized to provide; and

WHEREAS, the Council of the Corporation of the Town of Prescott deems it

expedient to enter into an agreement with WSP Canada Group Ltd. for the provision of planning services and an Official Plan review;

NOW THEREFORE the Council of the Corporation of the Town of Prescott enacts

as follows: 1. That the Mayor and Chief Administrative Officer are hereby authorized to sign the

Agreement, attached hereto as Appendix A, between WSP Canada Group Ltd. and the Corporation of the Town of Prescott.

2. That Appendix A, (the Agreement), forms part of this by-law. 3. That this by-law shall come into force and take effect upon being passed by

Council. 4. That should any other existing by-laws, resolutions, or actions of the Corporation

of the Town of Prescott be deemed to be inconsistent with the provisions of this by-law, the provisions of this by-law shall prevail.

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____________________________ _____________________________ Mayor Clerk

READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019. ____________________________ _____________________________

Mayor Clerk

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Consultant Agreement

Rev. Feb. 2018

1/12

CONSULTANT AGREEMENT

Entered into in Ottawa, Province of Ontario, on the effective date of April-23-2019 (the “Agreement”). AMONG: Town of Prescott, a duly incorporated corporation, having its head office at 360 Dibble St.

West, Prescott,ON, K0E 1T0, represented by Matthew Armstrong, who declares being duly authorized to act herein.

(herein referred to as the “Client”)

AND:

WSP Canada Group Ltd., a duly incorporated corporation, having its head office at 100 Commerce Valley Drive West, Thornhill, Ontario, L3T 0A1, represented by James Jarrett, who declares being duly authorized to act herein.

(herein referred to as the “Consultant”)

(The Client and the Consultant referred to individually as a “Party” or collectively as the “Parties”)

THE PARTIES MAKE THE FOLLOWING PRELIMINARY STATEMENTS:

A. The Client wishes to provide Planning Services for a period of five (5) years, as well as undertake an

Official Plan (OP) Review at Town of Prescott, Canada (the “Project”). B. The Client desires to retain the Consultant to provide to the Client the professional services described in

Schedule B (the “Services”).

C. The Consultant is a corporation specializing in the field of Land Use Planning and agrees to providing the Services to the Client.

In consideration of the mutual promises contained herein and other good and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions. In this Agreement, unless the context indicates a different meaning:

(a) “Affiliate” shall have the meaning given to that term in the Canada Business Corporations Act or any replacement or supplemental Law in effect from time to time, which meaning shall, mutatis mutandis, apply to partnerships, general partnerships and limited partnerships;

(b) “Change” means any alterations, amendment, additions, reductions or other changes in the Services initially provided for in the Agreement, either by a Change Order or a Change Directive;

By-Law 19-2019 - Appendix A

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Rev. Feb. 2018

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(c) “Change Directive” means a written instruction signed by the Client directing the Consultant to proceed with a Change in the Services, prior to the Parties agreeing on an adjustment in the Agreement Price and/or the Time Schedule (if such adjustment is necessary);

(d) “Change Order” means a written amendment to this Agreement signed by both Parties agreeing on a Change in the Services, an adjustment in the Contract Price and/or the Time Schedule;

(e) “Contract Price” means the amount payable to the Consultant set forth in Schedule A. The amount payable shall be fixed and firm, unless otherwise provided in Schedule A. The Contract Price may only be modified in accordance with Section 7 (Changes);

(f) “Deliverables” means all those things that have been or are to be conceived, developed and delivered to the Client in the course of the execution of this Agreement or otherwise in connection with the Project or the Services, including without limitation, all drawings, plans, models, designs, specifications, reports, photographs, computer software, surveys, calculations and other data, including computer print outs, in any material form and support whatsoever, prepared, procured or provided by or on behalf of the Consultant;

(g) “Force Majeure” means an event beyond the control of the Parties, which materially prevents a Party from complying with any of its obligations under this Agreement, and could not reasonably have been foreseen or provided against, including but not limited to an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo, rebellion, revolution, insurrection, or military or usurped power, or civil war, contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly, riot, commotion, or disorder or acts or threats of terrorism, but does not include general economic or other conditions affecting financial markets generally;

(h) “Law” or “Laws” means collectively all valid applicable common law, federal, provincial and municipal and other local laws, orders, rules, regulations and decisions of regulatory bodies, including, occupational health and safety, fire, employment insurance, workers’ compensation, environmental protection legislation, building codes, anti-bribery law or international convention, as may apply now or in the future and any other governmental requirements, work practices and procedures prescribed by law and related to the Project or the Services;

(i) “Place of the Work” means the designated site or location of where the Services are performed;

(j) “Reimbursable Expenses” means those expenses that are identified in Schedule A of this Agreement and which are payable by the Client to the Consultant;

(k) “Services Commencement Date” means the date as set out in Schedule C; and

(l) Time Schedule” means the time schedule for performing the Services and delivering the Deliverables, as set out in Schedule C.

1.2 Schedules. The Schedules referenced in this Agreement shall be deemed to form an integral part hereof.

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Rev. Feb. 2018

3/12

2 INTERPRETATION

2.1 Interpretation. The interpretation of this Agreement shall be governed by the following rules:

(a) Headings contained in this Agreement are for convenience and reference only and are not to be considered in the interpretation of, or affect the meaning of any of its provisions;

(b) Words importing the singular only also include the plural and vice versa where the context requires; and

(c) All dollar figures shall mean Canadian Dollars, unless otherwise specifically referenced.

2.2 Precedence. If there is a conflict or inconsistency among or between the documents comprising this Agreement, the order of priority of the documents which make up this Agreement, from the highest to the lowest, shall be:

(a) This Agreement;

(b) The Schedules to this Agreement; and

(c) If any, the other attachments to this Agreement.

3 CONSULTANT OBLIGATIONS

3.1 Execution of Services. The Consultant shall provide the Services in accordance with this Agreement.

3.2 Schedule and Completion. The Consultant shall perform the Services and submit the Deliverables as set out in Schedule C.

Should the Consultant determine that the Time Schedule will not be met for any reason, the Consultant shall so notify the Client without delay and the Parties shall forthwith discuss in good faith to find a mutually acceptable solution.

3.3 Standard of Care. Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care, skill and diligence normally provided by members of the same profession performing the same or comparable services in respect of projects of a similar nature in similar circumstances.

3.4 Deliverables. The Consultant shall prepare, issue and submit for review to the Client, all Deliverables within the Time Schedule. If and when applicable, Deliverables shall be stamped by a licensed professional engineer duly authorized and licensed to work in the jurisdiction of the Project. Unless otherwise agreed to by the Parties, all Deliverables and other documents produced hereunder shall be in English.

3.5 Laws and Regulations. The Consultant shall comply in all respects with the provisions of all Laws applicable to the Services.

3.6 Representation. The Consultant represents that the Services provided in connection with the Project shall be in conformity with the requirements of this Agreement. If at any time during the performance of the Services or thereafter the Client notifies the Consultant of any non-conforming Services, the Consultant, at its own costs, shall promptly correct such Services. The Client and the Consultant shall agree upon a schedule for the Consultant’s re-performance of its Services, which shall allow the Consultant to complete the corrective services within a reasonable period of time.

3.7 Occupational Health and Safety. The Consultant shall take all necessary precautions for the health and safety of its employees, consultants, agents and other persons under the Consultant’s responsibility or control. The Consultant shall comply with all applicable occupational health and safety legislation as well as with all safety precautions and programs of the Client. The Consultant shall coordinate its actions with those of the Client and others, as applicable, but the Consultant

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shall remain responsible for independently evaluating the risks specifically related to the Services and take such additional safeguards as appropriate. The Client retains the right to review the Consultant’s health and safety plan in order to monitor the Consultant’s compliance.

4 CLIENT OBLIGATIONS

4.1 Duty to Answer. The Client shall forthwith consider any requests made by the Consultant in connection with this Agreement, including, without limitation, as it relates to information, directions or decisions and answer to such request within a reasonable period of time so as to avoid delaying the performance of the Services.

4.2 Duty of Information. The Client shall make available to the Consultant any and all information and data relating to the Project that is required by the Consultant in connection with the performance of the Services.

4.3 Permits and Other Authorizations. The Client shall obtain and pay for all permits, licences, authorizations and approvals required by federal, provincial, municipal or other authority and satisfy any other conditions necessary or desirable for the execution of the Services.

4.4 Exclusive Use by Client. Reports, opinions, findings, recommendations, including expert testimony, or other documents prepared under this Agreement are prepared for the exclusive use of the Client identified as the intended recipient. The Consultant accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions taken based on these documents. The Consultant is not responsible for the use of, or reliance on, these documents by any other party without the written consent of the Consultant.

In the event that the Client wishes to provide a third party with a document prepared under this Agreement, the Consultant may, at its sole discretion, provide a reliance letter on its own terms.

5 PAYMENT

5.1 Invoicing & Payment. The Consultant shall submit its invoice to the Client, on a monthly basis for Services performed during the immediate preceding month, together with such information and supporting documentation.

The Client shall pay the full amount invoiced to the Consultant within thirty (30) days of receipt thereof. The acceptance by the Consultant of the final payment under this Agreement shall not operate as a release to the Client for all claims and liability to the Consultant, its representatives, subcontractors, suppliers, and assigns for any additional compensation or payment relating to any and all things done or furnished relating to the Services rendered by the Consultant.

5.2 Disputed Invoice. The Client shall notify the Consultant in writing if any portion of an invoice is disputed within ten (10) days following the receipt of the invoice. The failure to notify the Consultant of the existence of disputed amounts within the aforementioned time period shall be deemed an acceptance of the amounts shown in said invoice.

5.3 Taxes. The Client is fully responsible for the payment of any and all sales, use, transfer or similar taxes in connection with the Services including, for more certainty, the federal goods and services tax, the harmonized sales tax and the Quebec sales tax, as the case may be.

5.4 Interest. Any amounts outstanding thirty (30) days from the date of an invoice shall bear interest at a rate of one percent (1 %) per month, compounded annually or twelve percent (12 %) per annum.

5.5 Disbursements. Disbursements will be billed at cost plus a five percent (5 %) administrative charge.

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5.6 Suspension of Services. If any invoice submitted by the Consultant remains unpaid by the Client for forty-five (45) days or more from the date the invoice was submitted, then the Consultant may give seven (7) days’ written notice to the Client that the Consultant will suspend Services. The Client shall not have any claim whatsoever against the Consultant for any loss, cost, damage, or expense incurred or anticipated to be incurred by the Client as a result of the suspended Services.

6 OWNERSHIP OF DELIVERABLES AND INTELLECTUAL PROPERTY RIGHTS

6.1 Intellectual Property Rights. All intellectual property, including any Deliverables, data, information, reports, drawings, calculations, renderings, plans, specifications, memoranda or other documents, test data, financial information, calibration records, survey results, photographs, renderings, sketches, models, written works of authorship, regardless of format and all other items used or developed as a part of the Services (the “Data”), including under copyright, patent or industrial design laws (collectively, the “Intellectual Property”), remain with the Consultant whether or not such Intellectual Property was developed or used in the context of the Project.

6.2 Client’s Rights Regarding Data. To the extent any part of the Data was delivered to the Client pursuant to the terms of this Agreement, the Client has the right to keep a copy of such Data and Deliverables, it being understood that the foregoing shall not be construed as the Consultant granting any right of ownership on to such Data and Deliverables in favour of the Client.

7 FORCE MAJEURE

7.1 Delays Caused by Force Majeure. A Party shall not be liable for any failure of or delay in the performance of this Agreement by reason of an event of Force Majeure. Where there is an event of Force Majeure, the Party prevented from or delayed in performing its obligations under this Agreement must immediately notify the other Party giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing that Party from, or delaying that Party in performing its obligations under this Agreement and that Party must take all reasonable precautions, due care and reasonable alternative measures to mitigate the effect of the event of Force Majeure upon its performance of the Services.

7.2 Recommencement of Obligations. Upon completion of the event of Force Majeure the Party affected must as soon as reasonably practicable recommence the performance of its obligations under this Agreement. The Consultant must provide a revised programme rescheduling the works to minimise the effects of the prevention or delay caused by the event of Force Majeure.

7.3 Continuing Obligations. An event of Force Majeure does not relieve a Party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.

7.4 Additional Time. In the event that a Party is unable to perform its obligations due to an event of Force Majeure, the affected Party shall benefit from an additional period equal to the time during which such Party was unable to perform such obligations as a result of Force Majeure.

8 CHANGES

8.1 Change Order. Upon the Client’s request for a Change, the Consultant shall promptly provide the Client with a written Change Order proposal respecting all aspects of the Change, including the scope of the Change, the amount of the adjustment in the Contract Price and progress payments, if any and the effect on the Time Schedule, if any. If the Parties agree on all aspects of the Change for which a Change Order proposal is made, they shall execute a written Change.

The Change Order is effective when agreed to and signed by the Parties. The Consultant shall carry out such Change Order as well as its obligations under the Agreement and continues to be bound by all the provisions of the Agreement.

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The Consultant shall only be entitled to additional compensation and, to the extent provided in a Change Order, extension of time for Services forming part of a Change.

8.2 Change Directive. If the Client requires the Consultant to proceed with a Change before the Consultant agrees to a Change Order, or if the Parties are unable to agree on a Change Order proposal, the Client may issue a Change Directive. Upon receipt of a Change Directive, the Consultant shall promptly carry out the Change specified in the Change Directive.

If the Consultant believes that a Change Directive will increase or decrease the Contract Price or affect the Time Schedule or the performance of a warranty, covenant or obligation, the Consultant shall, within five (5) days of receipt such Change Directive or before carrying out the Change, whichever is earlier, give written notice of its concerns and anticipated impacts to the Client.

8.3 Change Required by the Consultant. The Consultant shall not make any Change to the Services unless having obtained prior approval from the Client.

For a Change that results from circumstances that were totally unforeseeable at the time of the signature of the Agreement, the Consultant may submit to the Client a request for an adjustment in the Contract Price, Time Schedule or any other condition of the Agreement. Any such request shall (i) be made in writing within fifteen (15) days after the occurrence of the event giving rise to the request for adjustments, and (ii) contain explanation regarding the basis for the adjustment requested and include realistic estimates, an explanation of the methods of calculation and information on the relevant costs and quantities of materials or additional labour.

The Client shall consent in writing to any written request for adjustments submitted by the Consultant by issuing a Change Order. Regardless of the Client’s position regarding a request for adjustments, the Consultant must continue to meet its obligations for the duration of the Agreement. For clarity, in the absence of the Client’s written consent, the Consultant’s request for adjustments in the Contract Price shall be deemed to have been accepted.

8.4 Change without the Client consent. The Consultant shall not make any Change, regardless of the reason, without first receiving a duly executed Change Order or Change Directive from the Client, failing which the Consultant shall assume the entire risks, costs and expenses related to the Changes.

8.5 Incorporation into the Agreement. The Changes are incorporated into the Agreement once a Change Order or Change Directive is made in writing and duly signed by the Parties in the case of a Change Order, and in the case of a Change Directive, once signed by the Client and delivered to the Consultant.

9 CONSULTANT EVENTS OF DEFAULT

9.1 Consultant Default. The Consultant shall be in default of its obligations pursuant to this Agreement upon the occurrence of any one or more events of default set forth below (each, a “Consultant Event of Default”):

(a) The Consultant fails to commence the Services on the Services Commencement Date or suspends the progress of the Services or fails to perform the Services or any part thereof within the scheduled dates set out in Schedule C, except where the Consultant as the right to suspend the Services pursuant to this Agreement;

(b) The Consultant defaults of any of its obligation under the Agreement and fails to remedy such default to the satisfaction of the Client, acting reasonably, within the time period stated in a written notice from the Client specifying the default, which period shall be reasonable;

(c) The Consultant proceeds to wind up all or most of all its assets outside the normal course of its business, permanently ceases all or substantially all of its activities, becomes bankrupt or insolvent, or makes an assignment for the benefit of its creditors in general, or

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is unable to pay its debts as they become due, or if a receiver, liquidator, official or interim receiver is appointed with respect to its property or part of its property, or commits an act of bankruptcy; or

(d) The Consultant fails to correct the Services rejected by the Client within the time period stated in a written notice to this effect, which period shall be reasonable.

10 SUSPENSION OR TERMINATION

10.1 Termination for Default of Consultant. Upon the occurrence of any Consultant Event of Default, the Client shall notify the Consultant that the default must be corrected. If the Consultant fails to correct the default within thirty (30) calendar days after receipt of such notice or, where the default is not susceptible of being corrected within such time, if the Consultant fails to provide a corrective measures plan acceptable to the Client within thirty (30) calendar days, the Client may terminate this Agreement by written notice to the Consultant. Upon such termination, the Client may, without prejudice to all its other remedies, take possession of the Services, including, whether completed or in progress, all Deliverables in order to have the Services completed by a third party.

10.2 Termination for Default of Client. Should the Client be in default of its obligations pursuant to this Agreement, the Consultant shall notify the Client that the default must be corrected. If the Client fails to correct the default within fifteen (15) calendar days after receipt of such notice or, where the default is not susceptible of being corrected within such time, the Client fails to provide a corrective measures plan acceptable to the Consultant within fifteen (15) calendar days, the Consultant may terminate this Agreement by written notice to the Client. Upon such termination, the Client shall pay to the Consultant the portion of the Contract Price due to the Consultant for Services effectively completed up to the date of termination and all Reimbursable Expenses (which shall, for more certainty, include all fees payable by the Consultant to third parties in connection with the early termination of their contractual arrangements with the Consultant) incurred by the Consultant up to the said date. For more certainty, the payment by the Client of the sums provided in this Subsection 10.2 shall not operate as a waiver of any further claim that the Consultant may have against the Client for the termination of the Agreement or otherwise.

10.3 Term of Agreement. This Agreement shall become effective on the date set out on the first page hereof and shall remain in effect for five (5) years (the "Term") unless either the Client or the Consultant provides 60 days' written notice prior to the expiry of the Term of its intention to treat the contract at an end.

11 SURVIVAL OF OBLIGATIONS

11.1 Survival. The end of this Agreement shall not terminate any provision which, implicitly or explicitly, shall remain in force including, without limiting the generality hereof, Sections 6 (Ownership of Deliverables and Intellectual Property Rights), 12 (Liability and Indemnification), 14 (Non-Solicitation), 15 (Confidentiality),16 (Dispute Resolution), 17.3 (Governing Law) and 17.4 (Forum).

12 LIABILITY AND INDEMNIFICATION

12.1 Indemnification by the Consultant. The Consultant agrees to indemnify the Client, its principals, employees, directors, officers and agents from and against all claims, actions, losses, expenses, costs or damages which the Client, its principals, employees, directors, officers, or agents may suffer, sustain, or incur arising from any negligent or faulty acts or omissions of the Consultant or anyone for whom the Consultant is responsible.

Notwithstanding anything hereunder to the contrary, the Consultant shall not have any liability whatsoever to the Client for:

(a) any indirect, consequential, special, incidental, exemplary or punitive damages or similar damages or losses including, without limitation, for any loss of opportunity, revenue, sales

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or profits, regardless of whether arising from breach of contract, warranty, tort (including negligence), strict liability, statutory liability or otherwise, even if such party is advised of the possibility of such damage or loss or if such loss or damage could have been reasonably foreseen;

(b) the failure of a contractor, retained by the Client, to perform the work required in the Project, nor shall the Consultant be responsible for job site safety or construction means and methods;

(c) the design of or defects in equipment supplied or provided by the Client for incorporation into the Project;

(d) any cross-contamination resulting from subsurface investigations;

(e) any advice on any matter given by an independent third party, even if such third party’s advice was requested on the recommendation of the Consultant;

(f) any default affecting goods that were recommended by the Consultant;

(g) any damage to subsurface structures and utilities which were identified and located by the Client, or by the Client’s other consultants or contractors;

(h) any Project decisions made by the Client, if the decisions were made without the advice of the Consultant, or contrary to or inconsistent with the Consultant’s advice;

(i) the unauthorized distribution of any confidential document or report prepared by or on behalf of the Consultant for the exclusive use of the Client; or

(j) claims for damages for bodily injury, including death which is actually or allegedly, in whole or in part, directly or indirectly, caused by, based upon or in any way involving asbestos or any material derived therefrom in whatever form or quantity.

12.2 Indemnification by the Client. The Client agrees to defend, indemnify and hold the Consultant, its principals, employees, directors, officers and agents harmless from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the Consultant, its principals, employees, directors, officers, or agents may suffer, sustain, or incur arising from:

(a) claims of third parties in relation to the Project;

(b) any negligent or faulty acts or omissions of the Client or anyone for whom the Client is responsible; or

(c) any breach of the Client’s obligations under this Agreement.

12.3 Limit of Liability. Notwithstanding the foregoing, the Client acknowledges and agrees that the liability of the Consultant, its affiliates and their respective employees, officers, directors, agents, consultants and subcontractors under this Agreement, whether in contract, tort or otherwise, shall in no event exceed the total fees received by the Consultant under this Agreement.

12.4 Limitation Period. Notwithstanding any other provision of this Agreement, no claim may be brought against the Consultant in contract or in tort, more than two (2) years after the Services were completed or terminated under this Agreement. The Client waives any and all rights, remedies, and claims that it may have against the Consultant, its principals, employees, directors, officers, or agents whether at law, under any statute or in equity or otherwise, directly or indirectly, relating to the performance of this Agreement to the extent limited by this Section 12.

13 INSURANCE

13.1 Coverage. The Consultant shall carry and continuously maintain the following insurance:

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(a) such coverage as required by the applicable Workers’ Compensation legislation;

(b) commercial general liability insurance with a minimum occurrence and aggregate limit of not less than Two Million ($2,000,000.00) Dollars; and

(c) professional liability (errors and omissions) insurance in an amount not less than Two Million ($2,000,000) Dollars per claim and as an annual aggregate, throughout the term of this Agreement and for a period of three (3) years thereafter.

13.2 Notice of Insurance Claim. Each Party shall forthwith give to the other Party any and all information relating to events and circumstances that may result in a claim pursuant to any insurance coverage maintained by the Consultant pursuant to this Agreement. The Parties agree to collaborate with each other in a commercially reasonable manner in connection with any such insurance claim.

13.3 Proof of Insurance. When required by the Client, the Consultant shall provide to the Client appropriate evidence of its ability to meet all insurance requirements necessary and appropriate for a prudent operator of this type referred to in set out in Section 13.1.

13.4 Workplace Safety and Insurance Board Clearance Certificate. The Consultant shall provide the Client with a clearance certificate from the Ontario Workplace Safety and Insurance Board at the beginning of this Agreement and at each January 1st for the term of the Agreement.

14 NON-SOLICITATION

14.1 Unless otherwise agreed to in writing, the Client, during the term of this Agreement and for an additional six (6) month period, undertakes and binds itself not to, directly or indirectly, alone or through an intermediary, in association with any third party, for its own benefit or on behalf of a third party, for any reason, solicit or assist in the solicitation of an employee of the Consultant who is assigned to the provision of Services for the purpose of offering him/her an employment, a participation or a form of partnership, or to convince an employee of the Consultant involved in the Services to terminate his/her employment relationship, under risk of penalty equal to twelve (12) months of each solicited employee’s gross salary. Nothing in this Subsection 14.1 shall apply if the employee is hired in response to a public advertisement or general solicitation disseminated by the Client.

15 CONFIDENTIALITY

15.1 Confidential Information. The information of one Party (the “Disclosing Party”) brought to the attention of another Party (the “Receiving Party”), whether such information is identified as being confidential or proprietary (the “Confidential Information”), must be treated by the Receiving Party in a strictly confidential manner during the term of this Agreement and for an additional twenty-four (24) month period. The Receiving Party agrees to take appropriate action so that its employees, agents, Affiliates, subsidiaries, associated companies, subcontractors and entire staff abide by the confidentiality obligations described herein. The Receiving Party which breaches the provisions of this Section shall be liable towards the Disclosing Party for damages arising out of its default. The confidentiality obligations shall not apply to any information which (i) is generally available to and known by the public (other than as a result of improper disclosure by the Receiving Party, (ii) is available to (or in the possession of) the Receiving Party on a non-confidential basis, provided that the source of such information was not known by the Receiving Party to be bound by a confidentiality obligation to the Disclosing Party, (iii) must be disclosed pursuant to an order or final directive of a court or government agency in authority, or in accordance with the Law.

15.2 Disclosure. In such case, the Receiving Party which is required to disclose information shall, as soon as possible after receiving said order or directive, or upon becoming aware of its legal

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obligation of disclosure, notify the Disclosing Party in writing that it is required to make such disclosure.

15.3 Liability for Breach of Confidentiality Obligation. Without limitation and in addition to any other rights or remedies each Party may have, each Party acknowledges that it shall be liable to and shall indemnify and hold harmless the other Party and its Affiliates and the Client from any claims brought against or suffered, sustained, paid or incurred by the other Party or its Affiliates resulting from a breach of this Section 15.

15.4 Right to Injunction. Each Party acknowledges that a breach of any of the undertakings or provisions contained in this Section 15 may cause the other party to suffer irreparable harm. In addition to claiming damages or an indemnity, the affected party shall be entitled to any injunctive relief and specific performance and the other party consents to any such injunctive relief and specific performance. The foregoing rights shall be cumulative and shall be in addition to any other remedies which may be available to the concerned Party.

16 DISPUTE RESOLUTION

16.1 Process. Any dispute or disagreement arising out of or relating to this Agreement or arising from its interpretation or application shall be dealt with in accordance with the dispute resolution mechanism described below and shall be conducted on a confidential basis. In the event of a dispute, a written notice by either Party to the other shall set in motion the formal dispute resolution mechanism. The notice of dispute shall provide all details reasonable available regarding the matter that is subject of the dispute. Upon receipt of a notice of dispute, the Parties agree to resolve the dispute in the following order:

(a) through amicable negotiations between the representatives each Party;

(b) before the courts in the judicial district where the Services are rendered.

17 MISCELLANEOUS PROVISIONS

17.1 Good Faith. The Parties endeavor to use reasonable diligence as well as good faith in their performance of this Agreement.

17.2 R&D Incentives. Should any portion of the Services and Deliverables performed by Consultant be eligible for the Scientific Research and Experimental Development Tax Incentive Program (as such program is defined by the Canada Revenue Agency) or any other equivalent tax credit or grant program which may be awarded in Canada, Consultant retains the exclusive right to claim such incentive, tax credit or grant.

17.3 Governing Law. This Agreement shall be interpreted pursuant to, governed by and construed under the Laws of the Province of the Place of the Work and the federal Laws of Canada applicable therein, without regard to the principles of conflict of laws. The Parties agree, subject to Section 16, to accept and submit to the exclusive jurisdiction of the courts of the Province of the Place of the Work, to the exclusion of the courts of any other Province.

17.4 Forum. The Parties waive any objection based on venue or forum non conveniens with respect to any claim or other disputes arising under this Agreement or in any way connected to or related to or incidental to the dealings of the Consultant and the Client in respect of this Agreement or any related transactions, in each case whether now existing or hereafter arising and whether in contract, tort, civil liability, or other legal theories or specific statutes.

Notice. Any notice required or which may be given under this Agreement is sufficient if in writing and sent in a way that allows the sending Party to prove that such notice was actually delivered to the address or to the fax number of each receiving Party or to any other address, fax number or email address set out below. Notices and other forms of communication are deemed received from the time of their delivery, if delivered by messenger, on the date of the acknowledgement of receipt,

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if delivered by mail, on the date received, if sent by fax, on the date stated on the transmission slip, and on the transmittal date in the case of an email sent to a valid email address specified below:

(a) if to the Client at:

360 Dibble St. West, Prescott, ON K0E 1T0

Attention of Matthew Armstrong, Chief Administrative Officer & Treasurer Telephone: 613-925-2812 ex 6220 Facsimile: 613-925-4381 Email: [email protected]

(b) if to the Consultant at:

2611 Queensview Drive, Suite 300, Ottawa, ON K2B 8K2

Attention of James Jarrett, Manager, Ottawa Planning Telephone: 613-690-1115 Facsimile: 613-829-8299 Email: [email protected]

17.5 Assignment. Neither Party shall assign or subcontract any part of this Agreement, including the Services, nor any rights or obligations herein without the prior written consent of the other Party. In the event this Agreement is assigned or subcontracted with the consent of a Party, the assignor shall remain responsible to the non-assigning Party for the proper performance of the assignee’s obligations under this Agreement.

17.6 Entire Agreement and Amendments. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this Agreement or the other documents mentioned herein. No change, amendment or modification to this Agreement shall be valid or binding upon the Parties hereto unless such change, amendment or modification is made in writing and duly executed by both Parties hereto.

17.7 No Waiver. Any failure of any Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time during the term of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed a waiver of the right of such Party thereafter to enforce such provisions or require compliance with such terms.

17.8 Severability. If any term, covenant or condition of this Agreement, to any extent, is held to be invalid or unenforceable, the remainder of this shall not be affected and each remaining term, covenant or condition of this Agreement shall be separately valid and shall be enforceable to the fullest extent permitted by Law.

17.9 Adverse Rule of Construction Not to Apply. The words in this Agreement shall bear their natural or defined meaning. The Parties have each had full opportunity of obtaining legal advice and accordingly any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party shall not be applicable in the interpretation of this Agreement.

17.10 Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a substitution to any duties, obligations, rights and remedies otherwise available by Law.

17.11 Further Assurances. Each Party agrees to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and

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which do not involve the assumptions of obligations other than those provided for in this Agreement, in order to give full effect to this Agreement and to carry out the intent of this Agreement.

17.12 No Joint Venture. Nothing contained in this Agreement shall be construed as constituting a joint venture or partnership between the Client and the Consultant. The relationship between the Client and the Consultant is that of an independent contractor and a client, respectively, and under no circumstances shall either Party be deemed agents or representatives of the other Party. Neither Party shall have the right to enter into any contracts or commitments in the name of or on behalf of the other Party in any respect whatsoever. In addition, neither Party shall hold itself out to anyone, or otherwise represent, that it has any such authority vis-a-vis the other Party.

17.13 Language Clause. This Agreement and all documents and notices relating thereto have been drawn up in English at the express request of the Parties. Le présent contrat ainsi que tous les documents et avis y afférent ont été rédigés en anglais à la demande des parties.

IN WITNESS WHEREOF the Parties have signed this Agreement at the place and on the date first hereinabove mentioned.

TOWN OF PRESCOTT WSP CANADA GROUP LTD.

Name Name : James Jarrett

Title : Mayor Title : Manager, Planning - Ottawa

Name : Matthew Armstrong

Title : Chief Administrative Officer & Treasurer

Brett Todd

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SCHEDULE A

CONTRACT PRICE AND REIMBURSABLE EXPENSES Contract Price: See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated

November 19, 2018, Figure 9-1, page 38 and Section 8, page 35. The Contract Price payable by the Client to the Consultant in respect of the Services shall be the aggregate of all fees payable to the Consultant (exclusive of the Reimbursable Expenses) for the base services and additional services set forth in Schedule B, which fees shall be as follows:

The fee for the Consultant’s base services shall be: See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated November 19, 2018, Figure 9-1, page 38 and Section 8, page 35. The fee for the Consultant’s additional services shall be: See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated November 19, 2018, Section 8 page 34.

Reimbursable Expenses: See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated

November 19, 2018, Figure 9-1, page 38 and Section 8, page 35

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SCHEDULE B

DESCRIPTION OF THE SERVICES Contract No: Base Services: The base services shall consist of: Undertake a comprehensive review and update of the Town of Prescott’s Official Plan, as per the attached

Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated November 19, 2018, Section 6.2, Pages 27 to 30.

Additional Services: The following Services, which shall be considered to be additional to the Consultant’s base Services set forth above, shall be provided by the Consultant to the Client at the written request of the Client: Provide Municipal Planning Services on a case-by-case basis including the provision of planning

recommendations and expertise as well as coordinating and processing planning applications per the attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated November 19, 2018, Section 5, Pages 18 to 20.

Excluded Services: Notwithstanding any other provision of this Agreement, the Consultant shall not be responsible for the following services: See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated

November 19, 2018, Section 9, Pages 36 and 37.

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SCHEDULE C

TIME SCHEDULE See Attached Proposal “Town of Prescott – Municipal Planning Services & Official Plan Review” dated

November 19, 2018, Figure 6-1, page 31. Services Commencement Date: April-23-2019

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BY-LAW NO. 20-2019

A BY-LAW TO ADOPT OPTIONAL TOOLS FOR THE PURPOSES OF

ADMINSTERING LIMITS FOR THE COMMERICIAL, INDUSTRIAL, AND MULTI-RESIDENTIAL PROPERTY CLASSES FOR THE YEAR 2019

Being a by-law to adopt optional tools for the purposes of administering limits for the Commercial, Industrial and Multi-Residential Property Classes for the year 2019

WHEREAS the Corporation of the Town of Prescott (hereinafter referred to as “The

Municipality”) may, in accordance with Section 329 to Section 331 of The Municipal Act, S.O. 2001 c.25, as amended (hereinafter referred to as “The Act”) modify the provisions and limits set out in these sections of The Act, with respect to the calculation of taxes for municipal and school purposes payable in respect of property in the Commercial, Industrial and Multi-Residential property classes;

WHEREAS this by-law shall only apply to properties in any of the Commercial, Industrial

and Multi-Residential property classes to which Part IX of the Act applies;

WHEREAS for the purposes of this by-law the commercial classes shall be considered

a single property class and the industrial classes shall be deemed to be a single property class;

WHEREAS “uncapped taxes” means, the taxes for municipal and school purposes that

would be levied for the taxation year but for the application of Part IX of The Act;

WHEREAS the Council may pass a by-law to apply any one or any combination of the

following options;

a) Increase the annual cap from 5% of last year’s capped taxes up to a maximum of 10% of last year’s capped taxes; and/or

b) Set up upper limit on annual increases at the greater of the amount calculated

under (a) and up to 5% of the previous year’s annualized CVA tax; and/or

c) Set a threshold up to a maximum of $250.00 for increasing properties, decreasing properties or both;

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WHEREAS the Council may pass a by-law to adopt the provisions of Section 329.1 of

The Act whereby a minimum uncapped tax percentage applies to eligible properties in one or more of the uncapped classes;

WHEREAS Section 8.0.2(1) of O.Reg 73/03, as amended, of The Act, allows a

municipality to exempt certain properties from the application of Part IX of The Act;

AND WHEREAS the Council has reviewed the provisions of The Act and hereby

deems it necessary and appropriate to adopt optional tools for the purpose of administering limits for the Commercial, Industrial and Multi-Residential property classes;

NOW THEREFORE the Council of the Corporation of the Town of Prescott hereby

enacts as follows:

1. That paragraphs 1, 3 and 8, of Subsection 329.1(1) of The Act shall apply to the Commercial, Industrial and Multi-Residential property classes for 2019 and

2. That for all properties that become eligible within the meaning of subsection 331

(20) of The Act, the taxes for municipal and school purposes for the year or portion of the year shall be 100% of the uncapped taxes for the property for 2019; and

3. That a property is exempt from application of Part IX of The Act in 2018 and the taxes for municipal and school purposes shall be the amount of the uncapped taxes for the property for 2019 if:

a. The taxes for the property in 2019 were equal to its uncapped taxes for that year;

b. As a result of Part IX of The Act, the taxes for the property in 2018 were lower than the property’s uncapped taxes for that year, but in 2019, if Part IX of The Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax decrease for the property would be limited; or

c. A tax decrease for the property in 2018 was limited under Part IX of The

Act, but in 2019, if Part IX of The Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax increase for the property would be limited.

4. This by-law shall come into place and take effect on the date of its passing.

5. That any other By-Laws, resolutions or actions of the Council of the Corporation of


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____________________________ _____________________________ Mayor Clerk


Mayor Clerk

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BY-LAW NO. 21-2019

A BY-LAW TO SET TAX RATIOS FOR THE YEAR 2019

Being a by-law to set tax ratios for the year 2019

WHEREAS it is necessary for the Council of the Corporation of the Town of Prescott,

pursuant to the section 308 (4) of the Municipal Act, S.O. 2001, Chapter 25, as amended, to establish the tax ratios for 2019 for the Town;

WHEREAS the tax ratios determine the relative amount of taxation to be borne by each

property class;

AND WHEREAS the property classes have been prescribed by the Minister of Finance

under section 7 of the Assessment Act, R.S.O., Chapter A.31, as amended;

NOW THEREFORE the Council of the Corporation of the Town of Prescott enacts as

follows: 1. For the taxation year 2019, the tax ratio for property in:

a. the residential property class is 1.000000; b. the multi-residential property class is 1.563164; c. the commercial occupied property class is 1.908175; d. the commercial excess and vacant property classes are 1.335723; e. the industrial occupied property class is 2.630000; f. the industrial excess and vacant property classes are 1.709500; g. the pipelines property class is 1.393838; h. the farmlands property class is 0.250000; i. the managed forest property class is 0.250000.

2. For the purpose of this by-law:

a. the commercial property class includes all commercial office property, shopping centre property and parking lot property;

b. industrial property class includes all large industrial property. 3. This by-law shall come into force and take effect upon final passage.

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4. That any other By-Laws, resolutions or actions of the Council of the Corporation of



____________________________ _____________________________ Mayor Clerk


Mayor Clerk

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BY-LAW NO. 22-2019

A BY-LAW TO ADOPT THE ESTIMATES FOR THE SUMS REQUIRED DURING

THE YEAR 2019 FOR GENERAL PURPOSES OF THE CORPORATION OF THE TOWN OF PRESCOTT

Being a by-law to adopt the estimates for the sums required during the year 2019 for general purposes of the corporation of the Town of Prescott

WHEREAS the Council of the Town of Prescott (hereinafter referred to as the Town)

shall in each year prepare and adopt estimates of the sums it requires during the year for the purposes of the Town pursuant to Section 289(1), the Municipal Act, 2001, S.O. 2001, c. 25, as amended (herein referred to as the Municipal Act);

WHEREAS it is necessary for the Town, pursuant to Section 311(2), the Municipal Act,

to raise certain sums for municipal purposes for the 2019 taxation year;

WHEREAS all property assessment rolls on which the 2019 taxes are to be levied have been returned and revised pursuant to the provisions of the Assessment Act, R.S.O. 1990, c.A.31, as amended (hereinafter referred to as the Assessment Act) subject to appeals at present before the Assessment Review Board, the Ontario Municipal Board and the District Court;

AND WHEREAS all properties situated in the Town of Prescott can be classified within

a class of property or subclass as set out in the Assessment Act and the Regulations enacted pursuant thereto;

NOW THEREFORE the Council of the Corporation of the Town of Prescott hereby

enacts as follows:

1. That the Town adopt the levy of five million, five hundred, twenty-six thousand, five hundred and fifty-two dollars ($5,526,552) as detailed in Schedule A attached hereto as its estimate of the Property Tax Levy required during the year 2019 for the general purposes of the Town.

2. That if a surplus exists as of December 31, 2019, all funds shall be transferred to Fiscal

Policy Reserves or as Council otherwise directs. 3. This By-Law shall come into force and take effect immediately following third reading.

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4. That any other By-Laws, resolutions or actions of the Council of the Corporation of the

Town of Prescott that are inconsistent with the provisions of this By-Law are hereby rescinded.

READ A FIRST AND SECOND TIME THIS the 23rd DAY OF APRIL, 2019.

____________________________ _____________________________ Mayor Clerk


Mayor Clerk

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BY-LAW No.22-2019

SCHEDULE A

2019 Operating Budget

2019 2019 2019

Expense Revenue Town

Budget Budget Levy

Corporate 1,878,616 2,840,340 (961,724)

Protective 2,145,619 199,314 1,946,305

Transportation 2,235,751 273,658 1,962,093

Environmental 303,100 178,000 125,100

Health 361,271 25,400 335,871

Social 897,729 144,300 753,429

Recreation and Cultural 1,508,795 534,012 974,783

Planning & Development 474,845 84,150 390,695

Total 9,805,726 4,279,174 5,526,552

Water & Wastewater 2,874,985 2,874,985 -

Total 12,680,711 7,154,159 5,526,552

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BY-LAW NO. 23-2019

A BY-LAW TO ADOPT TAX RATES FOR MUNICIPAL PURPOSES FOR THE YEAR 2019

Being a by-law to adopt tax rates for municipal purposes for the year 2019

WHEREAS the Council of the Corporation of the Town of Prescott, pursuant to the section 308 of the Municipal Act, S.O. 2001, C.25, as amended, enacted By-Law 21-2019 being a by-law to establish the 2019 tax ratios for the Town of Prescott;

WHEREAS the tax ratios determine the relative amount of taxation to be borne by each

property class; and

WHEREAS the property classes have been prescribed by the Minister of Finance under section 7 of the Assessment Act, R.S.O., Chapter A.31, as amended; and

WHEREAS it is necessary for Council, pursuant to section 368.1 of the Municipal Act, to

establish tax reductions for prescribed property subclasses for 2019 for the town; and

WHEREAS the property subclasses for which tax rate reductions are to be established are in accordance to section 8 of the Assessment Act; and

WHEREAS the tax rates reductions reduce the tax rates that would otherwise be levied for

municipal purposes; and

WHEREAS it is necessary for Council, pursuant to the section 312 of the Municipal Act, S.O.

2001 c.25, to pass a by-law levying a separate tax rate, on the assessment in each property class and further that the tax rates are to be established in the same proportion to the tax ratios; and

WHEREAS all property assessment rolls on which the 2019 taxes are to be levied have been

returned and revised pursuant to the provisions of the Assessment Act, as amended, subject to appeals at present before the Assessment Review Board, the Ontario Municipal Board and the District Court; and

WHEREAS the Council of the Corporation of the Town of Prescott, enacted

By-law 41-1979, as amended, to establish a Board of Management for the Business Improvement Area and that each year Council shall in each year levy a special charge for all businesses within the designated area; and

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NOW THEREFORE the Council of the Corporation of the Town of Prescott enacts as

follows: Tax Rates

1. The tax rate reduction for:

a. the vacant land, vacant units and excess lands subclasses in the commercial property class is 30%;

b. the vacant land, vacant units and excess lands subclasses in the industrial property class is 35%

2. For the year 2019, the Corporation of the Town of Prescott shall levy upon the

residential/farmland assessment, upon the multi-residential assessment, upon the commercial assessment, upon the industrial assessment, upon the pipeline assessment, upon the farmland assessment, and upon the managed forest assessment, the following rates of taxation per current value assessment for general purposes and education purposes:

3. Business Improvement Area Special Rate 0.00201941 4. For the purpose of this by-law:

a. the commercial property class includes all commercial office property, shopping

centre property and parking lot property; b. industrial property class includes all large industrial property.

Tax Class Municipal Education Total

Residential 0.01334041 0.00161000 0.01495041

Multi-residential 0.02085325 0.00161000 0.02246325

Commercial Occupied 0.02545584 0.01290000 0.03835584

Commercial Excess Land 0.00903000 0.01781909 0.02684909

Commercial Vacant Land 0.00903000 0.01781909 0.02684909

Industrial Occupied 0.03508528 0.01290000 0.04798528

Industrial Excess Land 0.02280543 0.00838500 0.03119043

Industrial Vacant Land 0.02280543 0.00838500 0.03119043

Pipelines 0.01859437 0.01030000 0.02889437

Farm 0.00333510 0.00040250 0.00373760

Managed Forests 0.00333510 0.00040250 0.00373760

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Tax Payment

5. Payment of taxes shall be made by one interim installment and one final installment, comprised of two due dates. The dates for payment of taxes in 2019 for the final tax billing shall be as follows:

For all residential, multi-residential, commercial, industrial and pipeline classes: First installment July 31, 2019 Final installment August 30, 2019

6. All payments of taxes shall be payable to the Corporation of the Town of Prescott.

7. Payment of taxes on or before the due date may be made to the Tax Collector at the

Municipal Offices or at most financial institutions.

8. Any payment of taxes including all penalties and interest after the due date shall be paid at the municipal office.

9. The Tax Collector may accept part payment from time to time on account of any

taxes due and to give a receipt for such payment.

10. When the Tax Collector receives part payment on account of taxes due for any year, the Tax Collector shall credit such part payment first on account of the interest and penalty charges, if any, and then the remainder of such payment shall be credited first against the installment first due and secondly against the installment next due, and so on until the whole of the remainder of the payment has been credited against such taxes.

Penalties and Interest

11. A penalty charge of one and one-quarter percent (1 ¼%) shall be imposed on all unpaid taxes on the first day of default and on the first day of each calendar month thereafter in which the default continues but not after the end of the calendar year in which the taxes are levied.

12. An interest charge of one and one-quarter percent (1 ¼%) shall be imposed on all

unpaid taxes on the first day of each calendar month from the thirty-first day in the year in which the taxes until the taxes are paid.

13. This by-law shall come into force and take effect upon final passage.

14. That should any other existing by-laws, resolutions, or actions of the Corporation of

the Town of Prescott be deemed to be inconsistent with the provisions of this by-law, the provisions of this by-law shall prevail.

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____________________________ _____________________________ Mayor Clerk


Mayor Clerk

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PROCLAMATION EMERGENCY PREPAREDNESS WEEK

May 5 – 11, 2019

WHEREAS the Town of Prescott does recognize the importance of Emergency Management in Ontario and the goal of Emergency Preparedness Week is to raise community awareness and the need to be prepared within 72 hours for the possibility of an emergency; AND WHEREAS during Emergency Preparedness Week, Ontario residents will identify and learn about risk in their communities and how they can protect themselves. Knowing the potential hazards and risks you face, planning ahead and being prepared are the best steps to ensure that you and your family will survive an emergency or disaster; AND WHEREAS Although focused on personal preparedness, Emergency Preparedness Week also carries messages for business owners, municipal officials and utility operators. Ensuring business continuity and updating emergency plans are all just as crucial in assuring community preparedness; AND WHEREAS all levels of government have an important role to play in emergency preparedness and response, but ultimately, emergency preparedness is the responsibility of each and every one of us; NOW THEREFORE I, Mayor Brett Todd, do hereby proclaim the week of May 5 – 11, 2019, as ‘Emergency Preparedness Week’ in the Town of Prescott, and

encourage all citizens to begin today and learn how to prepare now for a safer

tomorrow.

Dated this 23rd day of April, 2019.

___________________________ W. Brett Todd, Mayor

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BY-LAW NO. 24-2019

A BY-LAW TO ADOPT THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON APRIL 23, 2019

WHEREAS, Section 5(3) of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that Council’s powers shall be exercised by by-law; and WHEREAS certain actions of Council do not require the enactment of a specific by-law; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Town of Prescott enacts as follows:

1. Subject to Paragraph 3 of this by-law, the proceedings of the above-referenced Council meeting, including all Resolutions, By-laws, Recommendations, Adoptions of Committee Reports, and all other motions and matters decided in the said Council Meeting are hereby adopted and confirmed, and shall have the same force and effect, as if such proceedings were expressly embodied in this by-law.

2. The Mayor and Clerk are hereby authorized to execute all such documents, and to direct other officials of the Town to take all other action, that may be required to give effect to the proceedings of the Council Meeting referred to in Paragraph 1 of this by-law.

3. Nothing in this by-law has the effect of conferring the status of a by-law upon any of the proceedings of the Council Meeting referred to in Paragraph 1 of this by-law where any legal prerequisite to the enactment of a specific by-law has not been satisfied.

4. Any member of Council who complied with the provisions of Section 5 of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 respecting the proceedings of the Council Meeting referred to in Paragraph 1 of this by-law shall be deemed to have complied with said provisions in respect of this by-law.


____________________________ _____________________________ Mayor Clerk

READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019. ___________________________ _____________________________

Mayor Clerk

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