Regular Council - 23 Nov 2021 - Agenda - Pdf

Township of Drummond/North Elmsley, Regular Council Agenda Package, November 23, 2021

TOWNSHIP OF DRUMMOND/NORTH ELMSLEY

#20 Council Meeting, November 23, 2021

AGENDA

COUNCIL – CALL TO ORDER 5:00 p.m. PLEASE NOTE: Meetings of Council and the Committee of the Whole are open to the public however they are not a public forum. Members of the public are welcome to attend and your interest is appreciated, however due to time constraints, we request that individuals or groups wishing to appear before Council or the Committee at a regular meeting shall advise the Clerk not later than 4:30 p.m. on the Thursday prior to the meeting as per By-law No. 2017-056

Page

1.0 Call to Order

2.0 Disclosure of Pecuniary Interest

3.0 Minutes of Previous Meeting 3.1 Special Council Minutes of November 8, 2021 2 - 3

3.2 Regular Council Minutes of November 9, 2021 4 - 6

4.0 Approval of Agenda

5.0 Delegations/Public Meetings

6.0 Committee and Board Reports 6.1 Committee of the Whole Report to Council, November 9, 2021 7

7.0 By-laws 7.1 2021-051 Long Term Borrowing By-law - Buttermilk Hill Road Bridge and

Armstrong Road Bridge

8 - 12

7.2 2021-052 Vaccination Policy 13 - 16

7.3 2021-053 Recreation Cost Sharing Agreement 17 - 24

8.0 Resolutions/Notice of Motions

9.0 Closed Session

10.0 Communication/Correspondence

11.0 Unfinished Business

12.0 Confirmation of Council Proceedings 12.1 2021-054 Confirmatory By-law 25

13.0 Adjournment

Page 1 of 25

Drummond/North Elmsley – Special Council Meeting, November 8, 2021 Page 1 of 2

Township of Drummond/North Elmsley

#18 Special Council Meeting of November 8, 2021 Township Council Chambers (via Zoom)

Minutes Present: Council: Reeve Steve Fournier Deputy Reeve Ray Scissons

Councillor Paul Kehoe Councillor John Matheson

Staff: Clerk-Administrator Cindy Halcrow Deputy Clerk Cathy Ryder Absent: Councillor Paul Coutts 1. Call to Order The meeting was called to order at 5:30 p.m. A quorum was present.

2. Disclosure of Pecuniary Interest No members declared a pecuniary interest.

4. Approval of Agenda

4.1. Approval of Agenda

Moved By: Paul Kehoe Seconded By: John Matheson

BE IT RESOLVED THAT the Council of the Corporation of the Township of Drummond/North Elmsley does hereby adopt the agenda for the meeting of November 8, 2021 as circulated.

Carried 21-123

5. By-Laws: 5.1. 2021-047

Moved By: John Matheson Seconded By: Ray Scissons

BE IT RESOLVED THAT By-law 2021-047 being a By-law to appoint Darron Gibson as Deputy Fire Chief for the Drummond/North Elmsley Tay Valley Fire Rescue be read a first, second and third time and finally passed in open Council.

Carried 21-124

Agenda Item #3.1

Special Council Minutes of November 8, 2021Page 2 of 25

Drummond/North Elmsley – Special Council Meeting, November 8, 2021 Page 2 of 2

6. Confirmation of Council Proceedings

Moved By: Ray Scissons Seconded By: Paul Kehoe BE IT RESOLVED THAT By-law #2021-048 being a By-law to confirm the proceedings of Council at its meeting of November 8, 2021, be read a first, second and third time and finally passed in open Council.

Carried 21-125

7. Adjournment

Moved By: John Matheson Seconded By: Paul Kehoe

BE IT RESOLVED THAT the Council of the Corporation of the Township of Drummond/North Elmsley adjourn their regular meeting of Council.

Adjourned at 5:31 p.m.

Carried 21-126

Reeve Clerk Administrator

Agenda Item #3.1

Special Council Minutes of November 8, 2021Page 3 of 25

Drummond/North Elmsley – Council Meeting, November 9, 2021 Page 1 of 3


#19 Council Meeting of November 9, 2021 Township Council Chambers

Minutes Present: Council: Reeve Steve Fournier Deputy Reeve Ray Scissons

Councillor Paul Kehoe Councillor John Matheson

Staff: Clerk-Administrator Cindy Halcrow Deputy Clerk Cathy Ryder Absent: Councillor Paul Coutts 1. Call to Order The meeting was called to order at 5:00 p.m. A quorum was present.

2. Disclosure of Pecuniary Interest No members declared a pecuniary interest.

3. Minutes of Previous Meeting

3.1. Regular Minutes of October 26, 2021

Moved By: Ray Scissons Seconded By: John Matheson

BE IT RESOLVED THAT the Council of the Corporation of the Township of Drummond/North Elmsley does hereby approve the minutes of the Regular Meeting of October 26, 2021 as circulated.

Carried 21-127

4. Approval of Agenda 4.1. Approval of Agenda

Moved By: Ray Scissons Seconded By: John Matheson

BE IT RESOLVED THAT the Council of the Corporation of the Township of Drummond/North Elmsley does hereby adopt the agenda for the meeting of November 9, 2021 as circulated.

Carried 21-128

5. Delegations: None

Agenda Item #3.2

Regular Council Minutes of November 9, 2021Page 4 of 25


6. Committee & Board Reports

6.1. Committee of the Whole Report to Council October 26, 2021

Councillor Paul Kehoe presented and read Report #16 CoW-October 26, 2021 to Council on behalf of the Committee of the Whole.

“A” 1 Winter Maintenance Contract “B” 1 THAT the Council of the Corporation of the Township of Drummond/North Elmsley

accepts the tendered price from T.G. Carroll Cartage Ltd. of $11.20/km plus HST to provide snowplowing and sanding services for the Winter Maintenance Plow Contract 2021-002, and;

FURTHERMORE THAT the Reeve and Clerk Administrator are authorized with the authority to sign all pertinent documentation with T.G. Carroll Cartage Ltd. for the Winter Maintenance Plow Contract 2021-002.

“A” 2. Dry Hydrant Whippoorwill Lane Private Road “B” 2. THAT the Council of the Corporation of the Township of Drummond/North Elmsley

agrees to enter into a Memorandum of Understanding with the Maple Glen Family Association to install a Dry Hydrant on their property at the end of Whippoorwill Lane at the edge of Otty Lake; and

FURTHERMORE THAT a formal agreement will be registered on title with the Maple Glen Family Association.

“A” 3. 2022 Council Calendar “B” 3. THAT the Council of the Corporation of the Township of Drummond/North Elmsley

Council approves the 2022 Council Calendar.


BE IT RESOLVED THAT the Report #16 CoW-October 26, 2021 is hereby adopted this 9th day of November day of 2021.

Carried 21-129

7. By-Laws: 7.1. 2021-049 Auditor Appointment By-law


BE IT RESOLVED THAT By-law 2021-049, being a By-law to appoint an auditor be read a first, second and third time and finally passed in open Council.

Carried 21-130

Agenda Item #3.2



8. Resolutions/Notice of Motions: None

9. Closed Session: None 10. Communications/Correspondence: None

11. Unfinished Business: None

12. Confirmation of Council Proceedings

Moved By: John Matheson Seconded By: Ray Scissons BE IT RESOLVED THAT By-law #2021-50 being a By-law to confirm the proceedings of Council at its meeting of November 9, 2021, be read a first, second and third time and finally passed in open Council.

Carried 21-131

13. Adjournment

Moved By: John Matheson Seconded By: Ray Scissons

BE IT RESOLVED THAT the Council of the Corporation of the Township of Drummond/North Elmsley adjourn their regular meeting of Council.

Adjourned at 5:04 p.m.

Carried 21-132

Reeve Clerk Administrator

Agenda Item #3.2


CoW Report to Council, November 9, 2021 Page 1 of 1

REPORT OF THE COMMITTEE OF THE WHOLE

REPORT #17 CoW-NOVEMBER 9, 2021 To the Members of Council

We, the Members of your Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows:

“A” 1 CUPE - Independent Review of OMERS' Investment Performance “B” 1 THAT the Council of the Corporation of the Township of Drummond/North Elmsley

supports CUPE’s call for a comprehensive and independent third-party expert review of OMERS' investment performance and practices over the past ten years, conducted by the OMERS Pension Plan's sponsors and stakeholders.

“A” 2. Civil Engineer Technical Student Employment Extension “B” 2. THAT the Council of the Corporation of the Township of Drummond/North Elmsley

approves 50 hours for Laura Code, to update the CGIS with assessment management information obtained from the Roads Needs Study and Facilities Condition Assessment; and FURTHERMORE, THAT the labour costs be paid for out of the Federation of Canadian Municipalities Grant.

“A” 4. Road Closure Unnamed Street Innisville “B” 4. THAT the Council of the Corporation of the Township of Drummond/North Elmsley

declares the unnamed street on Plan 1218 in Innisville surplus to the Township’s needs; AND FURTHERMORE THAT staff are authorized to proceed with the road closing process.

All of which is respectfully submitted by: _________________________________________ Deputy Reeve Ray Scissons Resolution #: 21- Moved and Seconded by: ___________________________ ___________________________ Moved By Seconded By BE IT RESOLVED THAT, Report #17 CoW-November 9, 2021 is hereby adopted this twenty-third day of November 2021.

_____________________________ STEVE FOURNIER, REEVE

Direction by the Head of council: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

I -11

I~ I

Agenda Item #6.1

Committee of the Whole Report to Council, November 9, 2021Page 7 of 25

. THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/NORTH ELMSLEY

BY-LAW NUMBER 2021-051

A BY-LAW TO APPROVE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (“OILC”) FOR THE LONG-TERM FINANCING OF CERTAIN CAPITAL WORK(S) OF THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/NORTH ELMSLEY; AND TO AUTHORIZE THE ENTERING INTO OF A RATE OFFER LETTER AGREEMENT PURSUANT TO WHICH THE MUNICIPALITY WILL ISSUE DEBENTURES TO OILC

WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise;

AND WHEREAS the Council of the Municipality has passed the by-law(s) enumerated in column (1) of Schedule “A” attached hereto and forming part of this By-law (“Schedule “A”) authorizing the capital work(s) described in column (2) of Schedule “A” (“Capital Work(s)”) in the amount of the respective estimated expenditure set out in column (3) of Schedule “A” , subject in each case to approval by OILC of the long-term financing for such Capital Work(s) requested by the Municipality in the Application as hereinafter defined;

AND WHEREAS before the Council of the Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the “Regulation”), the Council of the Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the “Updated Limit”), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule “A” (the “Authorized Expenditure” for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Municipality;

AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt;

AND WHEREAS the Act also provides that a municipality shall authorize long-term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act;

Agenda Item #7.1

2021-051 Long Term Borrowing By-law - Buttermilk Hill Road Bridge and Ar...Page 8 of 25

AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining long-term debt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an application in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC;

AND WHEREAS the Municipality has completed and submitted or is in the process of submitting an application to OILC, as the case may be to request financing for the Capital Work(s) by way of long-term borrowing through the issue of debentures to OILC, substantially in the form of Schedule “B” hereto and forming part of this By-law (the “Application”);

AND WHEREAS OILC has accepted and has approved or will notify the Municipality only if it accepts and approves the Application, as the case may be;

AND WHEREAS at least five (5) business days prior to the passing of the debenture by-law in connection with the issue of Debentures as defined below, OILC will provide the Municipality with a rate offer letter agreement substantially in the form as provided to the Municipality on or prior to the date of this By-law (the “Rate Offer Letter Agreement”);

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/NORTH ELMSLEY ENACTS AS FOLLOWS:

1. The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the long-term financing of the Capital Work(s) in the maximum principal amount of $1,000,000.00 with such changes thereon as such authorized official may hereafter, approve such execution and delivery to be conclusive evidence of such approval.

2. The Reeve and the Treasurer are hereby authorized to execute and deliver for and on behalf of the Municipality the Rate Offer Letter Agreement under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval.

3. Subject to the terms and conditions of the Rate Offer Letter Agreement, the Reeve and the Treasurer are hereby authorized to long-term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Rate Offer Letter Agreement (the “Debentures”); provided that the principal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work.

4. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the

Agenda Item #7.1


Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaid indebtedness of the Municipality to OILC under the Debentures (the “Obligations”) and to pay such amounts to OILC from the Consolidated Revenue Fund.

5. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under the Debentures issued pursuant to the Rate Offer Letter Agreement, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality.

6. (a) The Reeve and the Treasurer are hereby authorized to execute and deliver the Rate Offer Letter Agreement, and to issue the Debentures, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the terms and conditions that apply to the Municipality as set out in the Rate Offer Letter Agreement and to perform the Obligations of the Municipality under the Debentures, and the Treasurer is authorized to affix the Municipality’s municipal seal to any such documents and papers.

(b) The money realized in respect of the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act.

This By-law takes effect on the day of passing. ENACTED AND PASSED this 23rd day of November 2021.

________________________________ ______________________________________ Steve Fournier, Reeve Cindy Halcrow, Clerk/Administrator

Agenda Item #7.1


Schedule “A”

to By-Law Number 2021-051 (Capital Work(s))

(1) (2) (3) (4)

By-Law Number Description of Capital Work Estimated Expenditure

Loan Amount

2021-051 Reconstruction of Buttermilk Hill Road and Armstrong Road Bridges

$1,000.000.00 $1,000,000.00

Agenda Item #7.1


Schedule “B”

to By-Law Number 2021-051

Please insert the OILC Application into Schedule “B”.

Agenda Item #7.1


THE CORPORATION OF THE TOWNSHIPSHIP OF DRUMMOND/NORTH ELMSLEY

BY-LAW NO. 2021-052

A BY-LAW TO ADOPT A VACCINATION POLICY

BEING a by-law to adopt a Vaccination Policy.

WHEREAS the Township of Drummond/North Elmsley has an obligation under the Occupational Health and Safety Act, R.S.O. 1990 c 0.1 to protect the health and safety of its employees;

AND WHEREAS Council deems it expedient to adopt Vaccination Policy to protect its employees from COVID-19;

NOW THEREFORE the Council of the Corporation of the Township of Drummond/North Elmsley enacts as follows:

1. That Council hereby approves the policy "Vaccination Policy" as Schedule"A" to this By-law.

2. That effective on the date of passage of this By-Law it shall becomeenacted.

Read a first, second and third time, and finally passed this 23rd day of November 2021.

________________________ ____________________________ Steve Fournier, Reeve Cindy Halcrow, Clerk Administrator

Agenda Item #7.2

2021-052 Vaccination PolicyPage 13 of 25


COVID-19 VACCINATION POLICY

PURPOSE:

The purpose of this policy is to provide a safe workplace for all Township of Drummond/ North Elmsley’s employees, volunteers, students and contractors who attend a Township workplace and require that employees be fully vaccinated against COVID-19.

POLICY STATEMENT: The health and safety of Township employees, volunteers, contractors, students is a priority. The Township is committed to taking every precaution reasonable in the circumstances for the protection of the health and safety of its employees, volunteers, contractors, and students from the hazard of COVID-19. Vaccination is a key element in the protection against COVID-19. This policy aims to achieve full vaccination status amongst Township employees in alignment with provincial directives and within the limits of the Ontario Human Rights Code as one of the critical control measures for the hazard of COVID-19. To this end, all Township employees, volunteers, students and contractors who attend a Township workplace are required to be fully vaccinated against COVID-19.

This policy is a temporary measure to reduce the risks of the hazards of COVID-19 and may be amended as new public health directives and/or provincial or federal government legislation, regulations and/or orders are issued. Any such directives and/or provincial or federal government legislation, regulations and/or orders shall take precedence until such time as this policy is amended.

SCOPE: This policy applies to all existing and future employees, volunteers, contractors, and students whether full-time, casual, temporary or seasonal until such time that the Province of Ontario lifts all public health requirements. Employees commencing employment following the effective date of this policy shall, as a condition of employment, provide proof of vaccination.

This policy does not apply to contractors who do not enter the workplace, customers, or residents who utilize Township services.

SCHEDULE "A" to BY-LAW 2021-052 Agenda Item #7.2


DEFINITIONS:

Fully Vaccinated An individual who has received two doses of a Health Canada approved two-dose COVID-19 vaccine or one dose of a Health Canada approved single-dose COVID-19 vaccine and 14 days has passed since the vaccine series was completed. This would include any booster vaccinations recommended by Public Health or provincial directives.

Human Rights Exemption

An unvaccinated employee or individual may request accommodation under the Human Rights Code of Ontario.

Medical Exemption Written proof of a medical reason, provided by a physician or nurse practitioner in the extended class that indicates an exemption from receiving the COVID-19 vaccination.

Proof of Vaccination Documentation issued by the Ontario Ministry of Health, or other equivalent public health organization, indicating individual immunization status against the COVID-19 virus

Vaccine For the purposes of this policy, a vaccine is defined as a substance used to stimulate the production of antibodies and provide immunity against SARS-CoV-2 known as COVID-19.

VACCINATION REQUIREMENT All Township employees are required to be fully vaccinated with a COVID-19 vaccine series by December 23, 2021. For a two-dose vaccine series, employees must receive one dose of COVID-19 vaccine by December 23, 2021 and two doses of COVID-19 vaccine by January 21, 2022. For a single dose vaccine series, employees must receive the dose by December 23, 2021

PROOF OF VACCINATION Employees must disclose their vaccination status to the Deputy Clerk no later than December 23, 2021.

Employees who by December 23, 2021, disclose that they are not fully vaccinated or who have not disclosed their vaccination status as required shall attend mandatory education on how COVID-19 vaccines work, vaccine safety, the benefit of vaccines and side effects.

ACCOMMODATION UNDER THE ONTARIO HUMAN RIGHTS CODE Employees who are not able to obtain a COVID-19 vaccine for a reason related to a protected right set out in Ontario’s Human Rights Code can request accommodation.



All requests for accommodation must be in writing, submitted to the Clerk Administrator and require written proof of the need for accommodation. In the case of a request for medical accommodation, medical documentation from a physician, nurse practitioner is required.

PRIVACY PROECTION: Vaccination status information will only be used and disclosed for the purpose of implementing reasonable controls to ensure the health and safety of all individuals in the workplace. All personal information, including personal health information, will be collected, used, disclosed, retained and safeguarded in accordance with the application of municipal policies and the Municipal Freedom of Information and Protection of Privacy Act.

RESPECT IN THE WORKPLACE: The Township will not tolerate any workplace harassment, taunts, or threats against anyone who is not vaccinated. Any person, who taunts, retaliates against or threatens anyone in relation to an incident reported under this policy may be disciplined or terminated.

CONSEQUENCES OF NON-COMPLIANCE WITH POLICY Employees who are unvaccinated and do not have a valid human rights exemption will be placed on unpaid leave for ninety (90) days. If the situation is not resolved within that time frame, the employee may be terminated.

Employees who submit falsified proof of exemption and vaccination may be disciplined up to and including termination.



THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/NORTH ELMSLEY

BY-LAW NO. 2021-053

RECREATIONAL FEE FOR SERVICE AGREEMENT

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT TO PURCHASE RECREATIONAL SERVICES FROM THE TOWN OF SMITHS FALLS

WHEREAS pursuant to Section 5 of the Municipal Act 2001 S.O. 2001 c.25, the powers of a municipal corporation are to be exercised by its Council through the passage of a by-law;

AND WHEREAS the Interpretation Act R.S.O. 1990, Chapter I.11, Section 27, provides that a Corporation may contract and be contracted with by its corporate name;

AND WHEREAS the Council of the Township of Drummond/North Elmsley has deemed expedient to enter into a service agreement with the Town of Smiths Falls and area municipalities that would allow residents of the Township of Drummond/North Elmsley to receive preferred rate status for the period of the agreement with respect to the services provided at the Smiths Falls Memorial Community Centre and the Youth Arena.

NOW THEREFORE the Council of the Corporation of the Township of Drummond/North Elmsley enacts as follows:

1. That the Council of the Corporation of the Township of Drummond/North Elmsleyagrees to enter into a Recreational Fee of Service Agreement with the Town ofSmiths Falls and area municipalities as per the attached Schedule “A”.

2. That the Reeve and the Clerk of the Township are hereby authorized and directedon behalf of the Township of Drummond/North Elmsley to execute all documentsand take whatever steps as may be required to give effect to this by-law.

3. That Schedule “A” attached hereto form part of this by-law.

4. That By-law 2017-028 is hereby rescinded and the provisions of this By-law shallcome into force and take effect upon the passing thereof.

Read a first, second and third time and passed this 23rd day of November, 2021.

_______________________ ____________________________ Steve Fournier, Reeve Cindy Halcrow, Clerk Administrator

Agenda Item #7.3

2021-053 Recreation Cost Sharing AgreementPage 17 of 25

Page 1 of 7 Agreement for Recreational Services

AGREEMENT FOR RECREATIONAL SERVICES

This agreement made this 1st day of January, 2022 BETWEEN:

THE CORPORATION OF THE TOWN OF SMITHS FALLS Hereinafter called the “Town”

AND:

THE CORPORATION OF THE TOWNSHIP OF ELIZABETHTOWN-KITLEY

Hereinafter called “Elizabethtown-Kitley”

THE CORPORATION OF THE TOWNSHIP OF MONTAGUE

Hereinafter called “Montague”

THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/ NORTH ELMSLEY

Hereinafter called “Drummond /North Elmsley”

THE CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD Hereinafter called “Merrickville-Wolford”

THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES

Hereinafter called “Rideau Lakes”

Collectively referred to as the “Townships”

WHEREAS the Town has agreed to provide recreation services to the Townships for the period January, 2022 to December, 2026 for a determined fee; AND WHEREAS the Town and Townships deem it appropriate to demonstrate a commitment to the health and wellbeing of its citizens. AND WHEREAS the Town and Townships have agreed to establish a commitment to recreational services. AND WHEREAS this agreement serves the needs of the parties, the users of recreation facilities and the ratepayers of the Town and the Townships; NOW THEREFORE this agreement witnesses that the Town and the Townships agree to the following:

1. The Town agrees to allow the Township’s residents access to its recreational facilities, programs and services during the term of this agreement.

Agenda Item #7.3



2. The recreational facilities, programs and services included under this agreement shall include the Memorial Community Centre Arena and Hall and the Youth Arena and Hall.

3. Nothing in this agreement shall restrict the Town from establishing the

appropriate level and type of services and from setting the appropriate user fees for all participants. For further clarity, any fees charged for Township residents shall be the same fee applicable for Town residents.

4. Nothing in this agreement shall restrict the parties, either individually or collectively, from negotiating a separate and complementary agreement to provide its Township residents with access to other Town recreation services including but not limited to ball and soccer fields, parks, tennis courts, skate board parks, splash pads, walking trails or the Town of Smiths Falls/Ottawa Senators Rink of Dreams outdoor rink.

5. The Term of this agreement is five (5) years and covers the period January 1, 2022 to December 31, 2026. The parties to this agreement agree to negotiate a recreation cost sharing arrangement beyond 2026 and further agree that such negotiations shall follow the principles and objectives set out in this agreement and shall commence no later than August of 2025.

6. The Parties to this Agreement accept the report entitled “The Greater Smiths Falls Area Recreation Cost Sharing Study” dated November, 2016 by Howard Allan and Partners based on a geographic weighted assessment model. Further, the parties accept the apportionment percentages (Schedule A to this agreement) contained in an update report prepared by Howard Allan and Partners dated September 7, 2021 based on returned rolls used for the 2021 taxation year.

7. The Parties agree to proportionately share, based on the apportioned

percentages identified in Schedule A, in the cost of retaining a consultant to update the cost sharing study referenced in clause 6 with current weighted assessment figures upon the Municipal Property Assessment Corporation (MPAC) releasing the new assessment data for the next 4-year phase in period. The said study will only be commissioned in the event there is greater than 12 months remaining on the term of this agreement.

8. The fee payable by the Townships to the Town shall be the apportioned

percentage of the prior year’s actual (audited) operating deficit for the recreation facilities under consideration.

9. The annual operating deficit shall be calculated in accordance with page 3

of Schedule B.

10. The Townships agree to pay the Town fifty percent (50%) of the previous year’s fee by April 30th of each year. Following the determination of the prior year’s audited operating deficit, the Town will issue a final invoice to each Township by August 15th, noting any adjustments required based on the audited statements. The final invoice shall be due October 30th in each year of the agreement.

Agenda Item #7.3



11. To protect the Townships against extraordinary cost increase and/or

service level changes imposed by the Town of Smiths Falls, notwithstanding the annual invoice being based on the prior year’s audited operating deficit, in any given year, the maximum year-over-year increase the Town may apply to the Township’s annual payment shall be 5% unless otherwise agreed to by all parties.

12. In the event the audited operating deficit is reduced by greater than 5

percent in any single year, 50% of the savings, beyond 5%, will be shared with the Townships based on the apportioned percentages.

13. In the event the study referenced in clause 7 results in a deviation of greater

than 10% in the apportioned percentage for a partner Township, the increase for the affected Township will be phased in over a two (2) year period.

14. A building reserve fee will be incorporated into the annual fee equal to 5% of net operating expenditures.

15. Official correspondence in respect of this Agreement shall be between the

Clerk of the Town and the Clerks of the respective Townships.

16. The Town shall, at its own expense, effect and provide the Townships with a Certificate of Insurance confirming: Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $15,000,000 per occurrence, with an annual aggregate of $15,000,000 for any negligent acts or omissions by the Corporation of the Town of Smiths Falls in carrying out their obligation of the Agreement for the provision of recreation services to the residents of The Townships. Such insurance shall include, but is not limited to, bodily injury and property damage including loss of use; injury to participants; abuse liability; personal injury; medical payments; contractual liability; premises, property and operations; incidental medical malpractice; owners and contractors protective; occurrence property damage; products and completed operations; employees as Additional Insured(s); contingent employers liability; cross liability and severability of interest clause. Such insurance shall add the Townships as an Additional Insured with respect to the Named Insured operations of providing recreation services to the residents of the Township. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Townships. The policy shown above shall not be cancelled unless the Insurer notifies the Townships in writing at least sixty (60) days prior to the effective date of the cancellation. The insurance policy will be in a form and with a company which are, in all respects, acceptable the Townships.

Agenda Item #7.3



17. The Townships shall at its own expense, effect and provide Smiths Falls with a certificate of insurance confirming that insurance as follows is in place:

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $15,000,000 per occurrence, with an annual aggregate of $15,000,000 for any negligent acts or omissions by the respective Townships in carrying out their obligation of the Agreement. Such insurance shall include, but is not limited to, bodily injury and property damage including loss of use; injury to participants; abuse liability; personal injury; medical payments; contractual liability; premises, property & operations; incidental medical malpractice; owners & contractors protective; occurrence property damage; products & completed operations; employees as Additional Insured(s); contingent employers liability; cross liability and severability of interest clause. Such insurance shall add the Corporation of the Town as an Additional Insured with respect to the Named Insured activities with respect to the agreement. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Town.

18. The Town shall indemnify and hold the Townships, their officers, employees and volunteers harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the Town of Smiths Falls, its officers, employees or other persons for whom the Town is legally responsible.

19. The Townships shall indemnify and hold the Town, their officers, employees and volunteers harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the Townships, its officers, employees or other persons for whom the Townships are legally responsible.

20. The Town agrees that during the term of this Agreement, it will assume all

risk with respect to the management of revenues and expenses for the two (2) facilities.

21. All previous agreements respecting recreational services between the

parties are superseded by this agreement.

22. This agreement shall inure and be binding upon not only the parties hereto agreed but also their respective successors and assigns.

23. The parties hereto agree that any of the parties to this agreement may terminate this agreement with cause by giving (12) months written notice to the others of the desire to terminate.

24. This agreement shall take effect upon the approval of the Parties.

Agenda Item #7.3



IN WITNESS WHEREOF this Agreement has been executed by the parties’ respective signing authorities and sealed with their corporate seals. TOWN OF SMITHS FALLS TOWNSHIP OF

ELIZABETHTOWN - KITLEY ________________________ _________________________ MAYOR MAYOR _________________________ __________________________ CLERK CLERK TOWNSHIP OF TOWNSHIP OF MONTAGUE DRUMMOND/NORTH ELMSLEY ________________________ _________________________ MAYOR MAYOR _________________________ __________________________ CLERK CLERK TOWNSHIP OF TOWNSHIP OF RIDEAU LAKES MERRICKVILLE-WOLFORD ________________________ _________________________ MAYOR MAYOR _________________________ __________________________ CLERK CLERK

Agenda Item #7.3



Schedule A To

Agreement for Recreational Services Smiths Falls 41.82 % Drummond North Elmsley 8.36%

Elizabethtown-Kitley 5.64%

Merrickville-Wolford 4.58%

Montague 12.87%

Rideau Lakes 26.73%

100%

Agenda Item #7.3



Agenda Item #7.3


THE CORPORATION OF THE TOWNSHIP OF DRUMMOND/NORTH ELMSLEY

BY-LAW NO. 2021-054

BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL. WHEREAS pursuant to Section 5 of the Municipal Act 2001 S.O. 2001 c.25, the powers of a municipal corporation are to be exercised by its Council through the passage of a by-law; AND WHEREAS Subsection 2 of Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, the powers of every Council are to be exercised by By-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Corporation of the Township of Drummond/North Elmsley at this meeting be confirmed and adopted by By-law; NOW THEREFORE the Council of the Corporation of the Township of Drummond/North Elmsley enacts as follows:

1. The action of the Council of the Corporation of the Township of Drummond/North Elmsley at its meeting held on November 23, 2021 in respect of each recommendation contained in each motion and resolution passed and other action taken by the Council of the Corporation of the Township of Drummond/North Elmsley at its meeting is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By-law.

2. The Reeve and proper officials of the Corporation of the Township of

Drummond/North Elmsley are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Corporation of the Township of Drummond/North Elmsley referred to in the preceding section hereof.

3. The Reeve and the Clerk are authorized and directed to execute all documents

necessary to that behalf and to affix thereto the seal of the Corporation of the Township of Drummond/North Elmsley.

By-law read a first, second and third time and passed this twenty-third day of November 2021. ______________________________ _________________________________ Reeve Clerk Administrator

Agenda Item #12.1

2021-054 Confirmatory By-lawPage 25 of 25

Documents

Regular Council - 23 Nov 2021 - Agenda - Pdf