AGENDA Corporation of the Town of Kirkland Lake Regular Meeting of Council Electronically via Zoom May 18, 2021 4:40 p.m.
1. Call to Order and Moment of Silence
2. Approval of the Agenda
BE IT RESOLVED THAT the Agenda for the Regular Meeting of Council held on May 18, 2021 beginning at 4:40 p.m. be approved as circulated to all Members of Council.
3. Declaration of Pecuniary Interest
4. Petitions and Delegations
5. Acceptance of Minutes and Recommendations
BE IT RESOLVED THAT Council approve the minutes of the following meetings: Minutes of the Regular Meeting of Council held May 4, 2021
6. Reports of Municipal Officers and Communications
6.1 Proposed 2021 Budget Don Studholme, Interim CAO
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “2021 Operating and Capital Budget” be received, and
THAT staff be directed to implement changes put forward by Council and make the appropriate changes to the 2021 budget and supporting documents.
6.2 Aerial Fire Truck Rob Adair, Fire Chief
BE IT RESOLVED THAT Report Number 2021- FIRE-002M entitled “Aerial Fire Truck” be received, and
THAT staff be directed to purchase another aerial truck for at or around the cost to repair the existing one.
Regular Meeting of Council May 18, 2021
6.3 Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative Bonnie Sackrider, Director of Community Services
BE IT RESOLVED THAT Report Number 2021-CS-012 entitled “Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative” be received.
6.4 Community Safety and Well Being Plan Update Bonnie Sackrider, Director of Community Services
BE IT RESOLVED THAT Memorandum Number 2021-CS-011 entitled “Community Safety and Well Being Plan Update” be received.
6.5 Update to Accessible Customer Service Policy and Accessible Employment Policy Bonnie Sackrider, Director of Community Services
BE IT RESOLVED THAT Memorandum Number 2021-CS-010 entitled “Update to Accessible Customer Service Policy and Accessible Employment Policy” be received,
THAT the revised policies are hereby approved, and
THAT staff be directed to insert the updated policies into the Corporate Policy Manual and to the Website.
6.6 Pay Equity Update Kassandra Young, Human Resources Supervisor
BE IT RESOLVED THAT Memorandum Number 2021-HR-008 entitled “Pay Equity Update” be received, and
THAT staff be directed to procure the services of a consultant to complete a Pay Equity, Compensation and Job Evaluation Review for the entire Corporation, including unionized and non-unionized positions by the end of Q4 2021.
6.7 Request to Repeal and Cancel one Lease Agreement and one Encroachment Agreement Jenna McNaughton, Planning Administrator/Recycling Coordinator/Data Manager
BE IT RESOLVED THAT Memorandum Number 2021-DEV-019M entitled “Request to Repeal and Cancel One Lease Agreement and One Encroachment Agreement” be received, and
Page 2 of 6 Regular Meeting of Council May 18, 2021
THAT staff be directed to present a By-law to Repeal the Lease Agreement at 69 Federal Street and the Encroachment Agreement at 152 Taylor Avenue.
6.8 Video Closed Captioning for Accessibility Meagan Elliott, Clerk
BE IT RESOLVED THAT Report Number 2021-CLK-012 entitled “Video Closed Captioning for Accessibility” be received, and
THAT staff be directed to upgrade the Corporate Zoom account from Pro to Business to allow utilization of the Zoom Audio Transcripts.
6.9 Parking Lot Rental Rate Meagan Elliott, Clerk
BE IT RESOLVED THAT Memorandum Number 2021-CLK-014M entitled “Parking Lot Rental Rate” be received,
THAT staff be directed to finalize an agreement with Horizon Drive In to utilize the Water Street Parking lot on July 30, 2021 for a rental price of $325 +HST, and
THAT staff be directed to include a parking lot rental rate in the user fee by-law.
6.10 Provincial Offences Act – Inter-Municipal Agreement Meagan Elliott, Clerk
BE IT RESOLVED THAT Memorandum Number 2021-CLK-013M entitled “Provincial Offences Act – Inter-Municipal Agreement” be received,
THAT staff be directed to present an executing by-law to authorize the Mayor and Clerk to sign the inter-municipal agreement with respect to the Provincial Offences Act, and
THAT staff be directed to list Councillor Casey Owens and Councillor Rick Owen to the Committee listings for the POA Committee.
6.11 Police Service Board Re-Configuration Meagan Elliott, Clerk
BE IT RESOLVED THAT Memorandum Number 2021-CLK-015M entitled “Police Service Board Re-Configuration” be received.
7. Consideration of Notices of Motion
Page 3 of 6 Regular Meeting of Council May 18, 2021
8. Introduction, Reading and Consideration of By-Laws
By-Law 21-036 Being a by-law to permit the operation of certain off-road vehicles within the jurisdiction of the Town of Kirkland Lake
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-036, being a by-law to permit the operation of certain off-road vehicles within the jurisdiction of the Town of Kirkland Lake
By-Law 21-037 Being a by-law to authorize the execution of an inter-municipal agreement with municipal area partners with respect to the Provincial Offences Act
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-037, being a by-law to authorize the execution of an inter-municipal agreement with municipal area partners with respect to the Provincial Offences Act
By-Law 21-038 Being a by-law to authorize the execution of an agreement with the Culver Park Operating Authority
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-038, being a by-law to authorize the execution of an agreement with the Culver Park Operating Authority
By-Law 21-039 Being a by-law to repeal by-laws to establish leases and encroachments of certain Town lands
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-039, being a by-law to repeal by-laws to establish leases and encroachments of certain Town lands
By-Law 21-040 Being a by-law to authorize and execute the collective agreement between the Corporation of the Town of Kirkland Lake and Ontario Nurses Association (ONA)
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto;
Page 4 of 6 Regular Meeting of Council May 18, 2021
By-law Number 21-040, being a by-law to authorize and execute the collective agreement between the Corporation of the Town of Kirkland Lake and Ontario Nurses Association (ONA)
9. Questions from Council to Staff
10. Notice(s) of Motion
11. Councillor’s Reports
11.1 Councillor Updates
BE IT RESOLVED THAT the verbal updates from members of Council be received.
12. Additional Information
12.1 Tree Removal Request – 111 Tower Street
BE IT RESOLVED THAT the tree removal request from Yvon Fortier be received.
12.2 Addiction Residential Community Proposal – Opioid Task Force
BE IT RESOLVED THAT the letter from the Opioid Task Force requesting support for an Addition Residential Community Proposal dated May 1, 2021 be received.
12.3 Letter from the Kirkland Lake Chamber of Commerce
BE IT RESOLVED THAT the letter from the Kirkland Lake Chamber of Commerce dated May 5, 2021 be received.
12.4 DTSSAB Englehart Inquiry
BE IT RESOLVED THAT the correspondence from DTSSAB and the Town of Englehart be received.
12.5 HWY 66 Reconstruction – Gull Lake Protection Measures
BE IT RESOLVED THAT the Highway 66 Reconstruction – Gull Lake Protection Measures notice be received.
13. Closed Session
BE IT RESOLVED THAT Council move into a Closed Session pursuant to Section 239(2) to discuss 3 matters relating to land disposition and 1 matter relating to potential litigation.
Page 5 of 6 Regular Meeting of Council May 18, 2021
14. Matters from Closed Session
15. Confirmation By-Law
By-law 21-041 Being a by-law to confirm the proceedings of Council at its meeting held May 18, 2021
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-041, being a by-law to confirm the proceedings of Council at its meeting held May 18, 2021.
16. Adjournment
BE IT RESOLVED THAT Council adjourn the May 18, 2021 Regular Meeting of Council.
Page 6 of 6 MINUTES Corporation of the Town of Kirkland Lake Regular Meeting of Council Electronically via Zoom Tuesday, May 4, 2021 4:40 p.m.
Attendance
Acting Mayor: Stacy Wight Councillors: Rick Owen Casey Owens Eugene Ivanov Lad Shaba Patrick Adams Absent: Pat Kiely Staff: Interim CAO: Don Studholme Clerk: Meagan Elliott Director of Community Services: Bonnie Sackrider Director of Care: Tanya Schumacher Fire Chief: Rob Adair Director of Economic Development: Wilf Hass Planning Administrator/Recycling Coordinator/Data Manager: Jenna McNaughton
1. Call to Order and Moment of Silence
Acting Mayor Wight requested a moment of silence.
2. Approval of the Agenda
Moved by: Eugene Ivanov Seconded by: Casey Owens
BE IT RESOLVED THAT the Agenda for the Regular Meeting of Council held on May 4, 2021 beginning at 4:42 p.m. be approved as circulated to all Members of Council. CARRIED
3. Declaration of Pecuniary Interest
Acting Mayor Wight requested those present to declare any pecuniary interests with matters appearing on the Open Session Agenda. Councillor Ivanov declared a pecuniary interest on item 6.8 Request to Purchase Heritage North as he owns a rental facility and Councillor Adams declared a pecuniary interest on item 6.8 Request to Purchase Heritage North as he is a KL Gold employee and a member of the KL curling club.
Regular Meeting of Council May 4, 2021
4. Petitions and Delegations
4.1 Zoning By-law Application Extension Request Kasey Rosko
Moved by: Lad Shaba Seconded by: Patrick Adams
BE IT RESOLVED THAT the delegation from Joe Rosko on behalf of Kasey Rosko be received. CARRIED
5. Acceptance of Minutes
Moved by: Rick Owen Seconded by: Eugene Ivanov
BE IT RESOLVED THAT Council approve the minutes of the following meetings: Minutes of the Regular Meeting of Council held April 20, 2021 Minutes of the Public Meeting held April 20, 2021 THAT Council accept the minutes from the following committee meeting: Minutes of the Police Services Board Meeting held February 10, 2021 CARRIED
6. Reports of Municipal Officers and Communications
6.1 Zoning By-Law Update Jenna McNaughton, Planning Administrator/Recycling Coordinator/Data Manager
Moved by: Eugene Ivanov Seconded by: Patrick Adams
BE IT RESOLVED THAT Report Number 2021-DEV-017 entitled “Zoning By-law Update” be received,
THAT staff be directed to present the Zoning By-law for adoption and provide all necessary notices as required by the Planning Act, and
THAT staff be directed to process any submitted applications by May 4th under the existing by-law and any new applications after May 4th under the new by-law. CARRIED
6.2 Request to Widen Portion of Road Along Sandy Drive Jenna McNaughton, Planning Administrator/Recycling Coordinator/Data Manager
Moved by: Rick Owen
Page 2 of 8 Regular Meeting of Council May 4, 2021
Seconded by: Lad Shaba
BE IT RESOLVED THAT Report Number 2021-DEV-018 entitled “Request to Widen a Portion of Road along Sandy Drive” be received,
THAT staff be directed to enter into an Indemnity and Hold Harmless Agreement with the Contractor, Rosko Logging and Lumber, for conducting work on municipal property. CARRIED
6.3 Verbal COVID-19 Update Bonnie Sackrider, Director of Community Services
Moved by: Lad Shaba Seconded by: Casey Owens
BE IT RESOLVED THAT the verbal COVID-19 update be received. CARRIED
6.4 User Fee Reduction Request Bonnie Sackrider, Director of Community Services
Moved by: Patrick Adams Seconded by: Rick Owen
BE IT RESOLVED THAT Report Number 2021-CS-008 entitled “Reduction in User Fees for COVID-19 Vaccination Clinics” be received, and
THAT staff be directed to charge a reduced rate of $254.46 per clinic for the COVID-19 vaccination clinics held at Heritage North in 2021. Councillor Owen requested a recorded vote:
COUNCILLORS YEA NAY Patrick Adams x Eugene Ivanov x Rick Owen x Casey Owens x Lad Shaba x ACTING MAYOR Stacy Wight x CARRIED
6.5 Potential Grant Applications Bonnie Sackrider, Director of Community Services
Moved by: Lad Shaba Seconded by: Eugene Ivanov
Page 3 of 8 Regular Meeting of Council May 4, 2021
BE IT RESOLVED THAT Report Number 2021-CS-009 entitled “Upcoming Grant Opportunities” be received,
THAT staff be directed to apply to the Green and Inclusive Community Buildings fund for Community Complex retrofits and the Canada Healthy Communities Initiative to enhance existing walking trails, and
THAT staff be directed to report back with further details on the proposed submissions. CARRIED
6.6 Reporting on Tax and Water Bills Delinquency Don Studholme, Interim CAO
Moved by: Casey Owens Seconded by: Patrick Adams
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “Reporting on Tax and Water Bills Delinquency” be received, and
THAT staff be directed to develop and bring back policies on the collection of past due water accounts and past due tax accounts and the process of collection for these delinquent accounts to the June 15th Regular Meeting of Council and that the results of collection be included in key performance indicators as presented to council quarterly. CARRIED
6.7 OMNRF Hangar Rental Agreement Wilf Hass, Director of Economic Development
Moved by: Patrick Adams Seconded by: Rick Owen
BE IT RESOLVED THAT Report Number 2021-DEV-011 entitled “OMNRF Hangar Rental Agreement” be received, and
THAT staff be directed to sign the attached OMNRF Hangar Rental Agreement with the Ontario Ministry of Natural Resources and Forestry. CARRIED
6.8 Request to Purchase Land (Heritage North) Wilf Hass, Director of Economic Development
Councillor Ivanov and Councillor Adams disabled their audio and video at 6:04pm
Moved by: Lad Shaba Seconded by: Casey Owens
Page 4 of 8 Regular Meeting of Council May 4, 2021
BE IT RESOLVED THAT Report Number 2021-DEV-020 entitled “Request to Purchase Land – 400 Government Road West” be received, and
THAT staff be directed to present an executing by-law for the purchase and sale of 400 Government Road West to 2827269 Ontario Inc. for a sale price of $799,000.00 plus legal costs. CARRIED
Councillor Ivanov and Councillor Adams enabled their audio and video at 6:06pm
6.9 Off-Road Vehicle By-Law Update Meagan Elliott, Clerk
Moved by: Rick Owen Seconded by: Eugene Ivanov
BE IT RESOLVED THAT Memorandum Number 2021-CLK-011M entitled “Off-Road Vehicle By-Law Update” be received, and
THAT staff be directed to present the Off-Road Vehicle By-Law to Council at the next Regular Meeting for passing. CARRIED
7. Consideration of Notices of Motion
Moved by: Patrick Adams Seconded by: Rick Owen
BE IT RESOLVED THAT staff be directed to continue the process of looking into implementing the Municipal Accommodation Tax, and that a report is brought back at the next Regular Meeting of Council providing a timeline on progress. CARRIED
8. Introduction, Reading and Consideration of By-Laws
Moved by: Casey Owens Seconded by: Lad Shaba
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-032, being a by-law to adopt the Town of Kirkland Lake Zoning By- law CARRIED
Page 5 of 8 Regular Meeting of Council May 4, 2021
Moved by: Eugene Ivanov Seconded by: Rick Owen
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-033, being a by-law to amend By-law 15-017 for the regulation of parking for the Town of Kirkland Lake CARRIED
Moved by: Rick Owen Seconded by: Lad Shaba
Councillor Ivanov and Councillor Adams refrained from voting on this matter as it pertains to their pecuniary interest for item 6.8
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-034, being a by-law to authorize the Mayor and Clerk to execute documents related to the sale of property located at 400 Government Road West to 2827269 Ontario Inc. CARRIED
9. Questions from Council to Staff
10. Notice(s) of Motion
11. Councillor’s Reports
11.1 Councillor Updates
Moved by: Lad Shaba Seconded by: Casey Owens
BE IT RESOLVED THAT the verbal updates from members of Council be received. CARRIED
12. Additional Information
12.1 Strengthening Accountability for Municipal Council Members
Moved by: Patrick Adams Seconded by: Casey Owens
Page 6 of 8 Regular Meeting of Council May 4, 2021
BE IT RESOLVED THAT the invitation to participate in the Ministry of Municipal Affairs and Housing’s session be received, and THAT staff be directed to register Councillor Wight to attend the session on June 10, 2021. CARRIED
12.2 National Action Plan on Missing and Murdered Indigenous Women
Moved by: Rick Owen Seconded by: Eugene Ivanov
BE IT RESOLVED THAT the correspondence from the Missing and Murdered Indigenous Women and Girls Secretariat be received. CARRIED
13. Closed Session
Moved by: Lad Shaba Seconded by: Eugene Ivanov
BE IT RESOLVED THAT Council move into a Closed Session pursuant to Section 239(2) for 2 items relating to personal matters about identifiable individuals, 1 item regarding land disposition and pursuant to Section 239(3)(b) for 1 item about an ongoing Ombudsman investigation. CARRIED
Council moved into Closed Session at 6:40 pm Council rose from Closed Session at 7:54pm
14. Matters from Closed Session
None noted.
15. Confirmation By-Law
Moved by: Eugene Ivanov Seconded by: Rick Owen
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-035, being a by-law to confirm the proceedings of Council at its meeting held May 4, 2021. CARRIED
Page 7 of 8 Regular Meeting of Council May 4, 2021
16. Adjournment
Moved by: Casey Owens Seconded by: Lad Shaba
BE IT RESOLVED THAT Council adjourn the May 4, 2021 Regular Meeting of Council. CARRIED
The meeting adjourned at 7:55pm
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
Page 8 of 8
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CAO-009M
Presented by: Don Studholme CAO
MEMORANDUM TITLE
2021 Operating and Capital Budget
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “2021 Operating and Capital Budget” be received, and THAT staff be directed to implement changes put forward by Council and make the appropriate changes to the 2021 budget and supporting documents.
BACKGROUND
The 2021 budget has been a challenge to implement and move forward to completion. I am presenting to you a copy of the budget that meets your requirements up to 4% increase. This is very hard to achieve due to the requirements of the capital budget and fitting it into the picture. What we have done to meet this requirement is to use our reserves and reserve funds to their maximum ability. I have left some dollars in every reserve and reserve fund so that there is some ability to move next year but we need to keep in the back of our mind that this is limited. Staff will have to remember that there is limited funds to move forward in implementing new capital projects while maintaining their operating budgets. Community Services is looking at a 0% increase in their operating budget moving from $3,326,517 in 2020 to $3,311,040 in 2021. Community Services is looking after recreation, cemetery, museum, Heritage North, child care and the Library indirectly. The capital budget for these departments is $371,626 without using any reserves. By looking at the capital budget we can use our reserves for a total of $218,722. We are also waiting to see if funding comes through for the $59,143 for the paving of accessible parking. By removing these figures, the impact on the levy budget will be $93,761. The impact will be 2.8% increase on our budget.
Development Services is looking at a drop of 12% in their operating budget. The capital budget is looking at a cost of $186,000, which will translate into a 2.7% increase in their overall budget. General Administration is looking for at an 11% increase in their operating budget. Their capital budget is looking for a $226,780 increase, but out of this expense we should only be looking at a $11,700 direct hit. If we pay for this amount then we should be looking at a 11.7% increase. We are waiting for a confirmation of funding that should pay for new computer equipment and a technician for one year, which will help us get past this bump. If we do not get funding approval then it will have to come out of levy and put us over the restriction. Mayor and Council will remain the same as last year as there is no increase in the operating costs and no capital cost. Protective costs include the fire and police budget. Fire is looking at a 1% increase in their operating budget and a $50,000 increase in their capital budget. Overall, this should be a 3.7% increase in their costs to the town. Police have a 2.0% increase in their operating request from the town. Public Works is looking at a 2% decrease in their operating budget. Their capital budget is looking at a $259,777 increase in the levy costs. The other costs are from government funding, gas tax fund, waterworks and wastewater reserves, organization restructuring and efficiency, Ontario Community Infrastructure Fund, insurance claim and possible funding from KL Gold. This translates into a 4.7% increase in their costs. Teck Pioneer Residence has not received their funding amounts for all of their COVID changes they have had to implement. Presently, they are over the 4% increase but where they will end up at the end of the day, we are not sure. We are trying to get information from the Ministry but have not received anything in concrete format. Overall, we are looking at a major increase if the government does not come through. If the government does not come through then we will have to borrow monies to offset this increase. Overall, we have met the standard that Council has put out there without TPR. I can’t say where we will be after the government comes ahead or doesn’t come ahead with additional funds for TPR. However, we need to continue to push ahead and try to deal with this issue. I would continue to fund this through some debt financing until we get some indication from the provincial government of what they will be doing to assist us. Our other charges for the DTSSAB and the THU have come in with a 1% increase in their operating budgets.
Town of Kirkland Lake – Report to Council – 2021 Operating and Capital BudgetPage 2 of 2 Community Services
Recreation Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 324,411 398,404 571,506 Grants 48,950 3,658 33,854 Donations 8,000 500 1,275 Recoveries 2,032 2,044 8,021 Total 383,393 0 404,606 614,656
Expenditures Labour and Related 1,189,069 1,165,607 1,196,712 Contracted Services 39,032 28,009 31,841 Materials and Supplies 194,602 187,475 164,401 Utilities 503,154 502,059 503,269 Administration and Other 210,785 168,427 157,975 Interest and LTD Payments 899,357 899,356 1,055,113 Rents and Financial 16,500 18,800 18,615 Total 3,052,499 0 2,969,733 3,127,926
Net Revenues (Expenditures) -2,669,106 0 -2,565,127 -2,513,270 0.04
Cemetery
Revenues User Fees 130,615 112,531 129,959 Recoveries 5,000 5,670 Penalties and Interest 440 250 347 Total 131,055 0 117,781 135,976
Expenditures Labour and Related 91,357 125,865 118,912 Contracted Services 3,000 6,700 5,551 Materials and Supplies 12,150 12,010 12,717 Utilities 1,250 4,200 3,233 Administration and Other 12,830 10,962 10,562 Interest and LTD Payments 3,500 2,043 Rents and Financial Total 120,587 0 163,237 153,018
Net Revenues (Expenditures) 10,468 0 -45,456 -17,042 -1.23 Museum
Revenues User Fees 6,150 9,350 34,887 Grants 61,873 54,337 38,334 Donations 2,200 5,325 12,843 Recoveries 250 200 259 Total 70,473 0 69,212 86,323
Expenditures Labour and Related 198,585 194,363 195,381 Contracted Services 25,150 27,050 11,662 Materials and Supplies 27,906 19,755 29,414 Utilities 14,800 14,750 14,434 Administration and Other 18,229 15,758 14,950 Interest and LTD Payments Rents and Financial 1,000 705 738 Total 285,670 0 272,381 266,579
Net Revenues (Expenditures) -215,197 0 -203,169 -180,256 0.059
Heritage North
Revenues User Fees 18,000 25,220 136,405 Recoveries 300 400 3,303 Total 18,300 0 25,620 139,708
Expenditures Labour and Related 84,605 136,725 181,074 Contracted Services 2,624 8,170 18,497 Materials and Supplies 9,200 24,730 52,373 Utilities 29,300 29,900 38,097 Administration and Other 27,380 27,651 22,783 Interest and LTD Payments 157,904 Rents and Financial 150 350 248 Total 153,259 0 227,526 470,976
Net Revenues (Expenditures) -134,959 0 -201,906 -331,268 -0.33 Child Care
Revenues Rent 18,000 18,000 18,000 Recoveries 5,000 Total 18,000 0 23,000 18,000
Expenditures Labour and Related 2,928 4,770 4,092 Materials and Supplies 574 2,700 4,365 Administration and Other 2,910 6,527 3,841 Total 6,412 0 13,997 12,298
Net Revenues (Expenditures) 11,588 0 9,003 5,702 0.29
Library
Revenues User Fees 4,650 7,500 6,623 Grants 34,422 43,875 36,022 Investment Income 9,154 9,154 9,788 Donations 2,650 4,100 13,556 Recoveries 169 335 269 Total 51,045 0 64,964 66,258 Expenditures Labour and Related 284,585 303,257 265,749 Contracted Services 18,400 15,700 17,964 Materials and Supplies 30,454 33,204 38,176 Utilities 13,400 15,690 13,269 Administration and Other 18,040 16,975 15,430 Interest and LTD Payments Rents and Financial 102 Total 364,879 0 384,826 350,690
Net Revenues (Expenditures) -313,834 0 -319,862 -284,432 -0.02
Net Community Services -3,311,040 -3,326,517 -0.004 Development Services
Planning
Revenues User Fees 37,000 36,000 41,817 Grants 11,998 Recoveries 455 Total 37,000 0 36,000 54,270
Expenditures Labour and Related 128,981 123,822 120,697 Contracted Services 46,000 28,600 4,075 Materials and Supplies 1,900 3,860 12,359 Utilities Administration and Other 12,625 43,843 11,839 Interest and LTD Payments Rents and Financial Total 189,506 0 200,125 148,970
Net Revenues (Expenditures) -152,506 0 -164,125 -94,700 -0.07
Building
Revenues User Fees 60,000 60,000 111,518 Recoveries 7,200 68,000 15,950 Total 67,200 0 128,000 127,468
Expenditures Labour and Related 119,039 199,746 142,938 Contracted Services 160,600 93,000 4,169 Materials and Supplies 5,800 9,110 12,026 Utilities Administration and Other 8,880 11,239 3,882 Interest and LTD Payments Rents and Financial Total 294,319 0 313,095 163,015
Net Revenues (Expenditures) -227,119 0 -185,095 -35,547 0.23 Waste Management
Revenues User Fees 12,000 10,000 11,641 Grants Donations Recoveries 435,500 394,500 423,203 Total 447,500 0 404,500 434,844
Expenditures Labour and Related 129,308 200,767 188,594 Contracted Services 1,023,278 1,025,580 990,954 Materials and Supplies 81,600 50,242 25,951 Utilities Administration and Other 7,535 17,230 49,454 Interest and LTD Payments 53,655 52,610 52,558 Rents and Financial Total 1,295,376 0 1,346,429 1,307,511
Net Revenues (Expenditures) -847,876 0 -941,929 -872,667 -0.09
Economic Development
Revenues User Fees 45,000 70,654 52,057 Grants 197,222 153,000 78,047 Donations 97,307 Recoveries 3,640 1,700 1,636 Total 245,862 0 225,354 229,047
Expenditures Labour and Related 150,990 145,470 180,962 Contracted Services 97,450 157,550 108,270 Materials and Supplies 200 1,250 141,522 Utilities Administration and Other 164,310 75,943 45,283 Interest and LTD Payments 137,222 137,222 76,509 Rents and Financial 37,979 Total 550,172 0 517,435 590,525
Net Revenues (Expenditures) -304,310 0 -292,081 -361,478 0.04 Animal Control
Revenues User Fees 2,000 2,000 Grants 1,250 Donations 12,000 6,005 Recoveries 9,600 10,000 3,687 Total 9,600 0 24,000 12,942
Expenditures Labour and Related 22,483 35,169 Contracted Services 70,945 133,872 81,548 Materials and Supplies 800 11,500 1,574 Utilities 2,600 3,600 2,257 Administration and Other 725 562 972 Interest and LTD Payments Rents and Financial Total 75,070 0 172,017 121,520
Net Revenues (Expenditures) -65,470 0 -148,017 -108,578 -0.56
Residential Development
Revenues Miscellaneous 10,000 15,140 37,000 Total 10,000 0 15,140 37,000
Expenditures Labour and Related Contracted Services Materials and Supplies 36,000 Utilities Administration and Other 1,650 1,000 Interest and LTD Payments Rents and Financial Total 1,650 0 1,000 36,000
Net Revenues (Expenditures) 8,350 0 14,140 1,000 -0.41 Airport Operations
Revenues User Fees 111,940 129,940 137,313 Recoveries 3,500 3,500 2,908 Total 115,440 0 133,440 140,221
Expenditures Labour and Related 58,676 159,814 129,907 Contracted Services 3,000 18,500 15,152 Materials and Supplies 58,750 80,135 75,625 Utilities 16,100 9,600 8,045 Administration and Other 28,088 23,940 20,981 Interest and LTD Payments Rents and Financial 2,000 2,000 1,525 Total 166,614 0 293,989 251,235
Net Revenues (Expenditures) -51,174 0 -160,549 -111,014 -0.68
Revenues (Expenditures) 1,640,104 1,877,656 -0.12 Administration
General Administration
Revenues User Fees 30,000 34,600 39,057 Donations 6,355 Recoveries 5 Total 30,000 0 34,600 45,417
Expenditures Labour and Related 502,100 574,226 236,455 Contracted Services 57,000 135,500 192,710 Materials and Supplies 8,000 27,350 24,062 Utilities 24,800 25,000 20,610 Administration and Other 112,650 112,423 67,000 Interest and LTD Payments Rents and Financial 5,000 Transfers 5,000 6,000 Total 709,550 0 879,499 546,837 Reserve Transfer -217,000 -150,308 Net Revenues (Expenditures) -679,550 0 -627,899 -351,112 0.08
Treasury
Revenues 15,000 15,000 15,627
Expenditures Labour and Related 759,300 708,597 735,656 Contracted Services 35,910 45,000 31,247 Materials and Supplies 7,500 8,500 7,590 Utilities Administration and Other 63,300 65,721 37,618 Interest and LTD Payments Rents and Financial 4,000 4,000 3,415 Transfers -149,000 -146,229 -143,362 Total 721,010 0 685,589 672,164
Reserve Transfer -15,000
Net Revenues (Expenditures) -706,010 0 -655,589 -656,537 0.076 Human Resources
Revenues
Expenditures Labour and Related 192,975 153,680 105,451 Contracted Services 9,600 2,483 Materials and Supplies 2,800 2,800 2,275 Utilities Administration and Other 6,050 7,000 3,346 Interest and LTD Payments Rents and Financial Total 211,425 0 165,963 111,072
Net Revenues (Expenditures) -211,425 0 -165,963 -111,072 0.27
MIS Systems
Revenues
Expenditures Labour and Related 123,904 72,816 70,943 Contracted Services 40,600 55,200 48,534 Materials and Supplies 4,410 250 152 Utilities Administration and Other 41,424 50,237 51,120 Interest and LTD Payments Rents and Financial Total 210,338 0 178,503 170,749
Net Revenues (Expenditures) -210,338 0 -178,503 -170,749 0.18
Revenues (Expenditures) 1,807,323 1,627,954 0.11 Governance
Mayor and Council
Revenues
Expenditures Labour and Related 153,180 157,748 152,076 Contracted Services 20,000 40,000 5,096 Materials and Supplies 300 7,650 403 Utilities Administration and Other 5,050 14,898 9,028 Interest and LTD Payments Rents and Financial Total 178,530 0 220,296 166,603
Reserve Transfer -7,000
Net Revenues (Expenditures) -178,530 0 -213,296 -166,603 -0.16 Protective Services
Fire
Revenues Grant 6,500 User Fees 500 500 500 Recoveries 3,000 4,000 10,871 Total 10,000 0 4,500 11,371
Expenditures Labour and Related 1,664,307 1,658,762 2,129,501 Contracted Services 42,519 38,453 34,978 Materials and Supplies 42,500 47,700 43,497 Utilities 12,377 12,800 11,979 Administration and Other 77,009 55,686 51,677 Interest and LTD Payments Rents and Financial Total 1,838,712 0 1,813,401 2,271,632
Net Revenues (Expenditures) -1,828,712 0 -1,808,901 -2,260,261 0.01
Police
Revenues Rental Income 76,750 76,750 76,750 Grants 73,000 75,000 81,120 User Fees 2,500 1,500 655 Recoveries 7,000 5,000 10,253 Total 159,250 0 158,250 168,778
Expenditures Labour and Related 18,950 19,095 19,606 Contracted Services 2,481,132 2,428,228 2,488,417 Materials and Supplies 300 1,500 7,229 Utilities 21,500 21,800 22,745 Administration and Other 9,950 7,877 7,305 Interest and LTD Payments Rents and Financial Total 2,531,832 0 2,478,500 2,545,302
Net Revenues (Expenditures) -2,372,582 0 -2,320,250 -2,376,524 0.02
Revenues (Expenditures) 4,201,294 4,129,151 0.02 Public Works
Roads and Maintenance
Revenues User Fees 63,838 Recoveries 40,000 45,000 68,502 Total 40,000 0 45,000 132,340
Expenditures Labour and Related 1,812,784 1,941,091 1,635,752 Contracted Services 251,318 480,090 389,138 Materials and Supplies 1,117,850 788,510 702,482 Utilities 73,050 67,500 65,598 Administration and Other 293,520 228,658 241,269 Interest and LTD Payments 59,984 181,064 178,722 Rents and Financial Total 3,608,506 0 3,686,913 3,212,961
Net Revenues (Expenditures) -3,568,506 0 -3,641,913 -3,080,621 -0.02
Streetlighting
Revenues
Expenditures Labour and Related 1,250 600 Contracted Services 15,000 30,000 36,074 Materials and Supplies 10,000 Utilities 52,000 52,000 50,024 Administration and Other Interest and LTD Payments 119,470 119,470 119,457 Rents and Financial Total 197,720 0 202,070 205,555
Net Revenues (Expenditures) -197,720 0 -202,070 -205,555 -0.02
Revenues (Expenditures) 3,766,226 3,843,983 -0.02 Teck Pioneer Residence
Revenues Teck Pioneer 6,104,559 6,025,588 5,872,523 Grants 625,092 93,000 Donations 30,000 30,000 13,202 Recoveries 53,644 60,334 73,650 Total 6,813,295 0 6,208,922 5,959,375
Expenditures Labour and Related 6,677,435 5,126,131 4,854,404 Contracted Services 313,433 181,650 127,297 Materials and Supplies 1,032,988 825,028 770,569 Utilities 30,000 239,000 211,223 Administration and Other 75,917 61,691 48,141 Interest and LTD Payments 569,200 547,763 546,806 Rents and Financial 60 60 Total 8,699,033 0 6,981,323 6,558,440
Net Revenues (Expenditures) -1,885,738 0 -772,401 -599,065 1.44
Outside Charges Temiskaming Health Unit 367,698 350,188 Ambulance 770,913 729,299 Ontario Works 327,955 326,346 Social Housing 447,645 486,201 Child Care 53,337 54,456
Revenues (Expenditures) 1,967,548 1,946,490 0.01
Total Town Operating Revenues (Expenditures) 18,821,795 17,737,440 0.061 Water
Revenues User Fees 2,678,481 2,678,481 Recoveries 31,100 31,100 Penalties and Interest 10,000 10,000 Total 2,719,581 2,719,581
Expenditures Labour & Related 576,828 674,985 Contracted Services 743,408 686,356 Materials and Supplies 196,025 202,800 Utilities 438,500 417,500 Administration and Others 113,753 97,032 Interest and LTD Payments 28,802 28,802 Program Support 89,420 87,733 Transfers 532,845 524,373
Total 2,719,581 2,719,581
Waterworks
Revenues User Fees 1,894,512 1,894,512 Recoveries 19,953 19,953 Penalties and Interest 12,478 12,478 Total 1,926,943 1,926,943
Expenditures Labour and Related 588,666 382,844 Contracted Services 612,992 550,500 Materials and Supplies 75,900 53,800 Utilities 388,000 400,000 Adminstration and Others 124,454 125,120 Interest and LTD Payments Program Support 65,930 64,846 Transfers 71,001 349,833
Total 1,926,943 1,926,943 Multi-Year Capital Forecast
REQUIRED Service DProject Name Brief Description Category Type 2021 Levy/Rese Area e rve p Boiler Inspection and Insurance JMCC CommunityChiller and ServicesHeader Replacement Company of Canada will not Repair & Replacement Equipment $ 193,344 insure after this year 0 Already funded with Govt funding JMCC Communityhouse local Services hockey artifacts share with HN Foundation Growth Buildings & Facilities 21,370 10,685 Shared 50/50 with the Foundation JMCC CommunityJMCC Signage Services Share with Mavrinac Family Repair & Replacement Buildings & Facilities 8,000 500 Mavrinac family to contribute $7,500 JMCC CommunityPaving of Accessible Services Parking Applied for funding Strategic Initiatives 59,143 Waiting for funding ?? Parks Parkland Repair Parks Reserve Repair & Replacement 7,193 7,193 Parks CommunityVehicle Replacement Services Current one is 11 years old Repair & Replacement Vehicles 34,822 34,822 Replace JMCC Accessibility partnership with DTSSAB Repair & Replacement 20,000 20,000 Cemetery CommunityZero Turn Mower Services For cemetery Improvement / Expansion Equipment 12,415 12,415 Replace Library Air Conditioner Over 30 years old 15,339 15,339 Needed
Fire Bunker Gear Variety of clothing Repair & Replacement 30,000 30,000 Fire Equipment day to day equipment Repair & Replacement 20,000 20,000
Admin Folder/Insertion Machine machine stuffing 11,700 11,700
MIS Wireless Infrastructure Access for all Location+D+D21:D61 7,000 7,000 Workstation Upgrades RAM & SSD upgrades 7500 7500 VMWare Cluster VMWare datacenter 153,780 153,780 Workstation Replacements Replace Windows 7 38900 38900 Layer 3 Switches Redundant Layer 3 Switches 7,900 7,900
TPR Refrigeration Replacement Old unit is 17 years old 10,800 10,800 Window & Carpet Replacement Been there for over 17 years 26,000 COVID funding HVAC System Needs Replacement Covid Funding Wheelchair Accessibility Access to Roof 4,500 Possibly COVID
Development Vehicle Replacement Present vehicle is 14 years old 36,000 36000 37 Duncan Demolition Public Safety Issue 100,000 100,000 Random Demolition Buildings around town 50,000 50,000
574234 Town of Kirkland Lake PROJECTS ALREADY APROVED Capital Projects for 2021
Project Name Sum of Gov't Funding/ Sum of Gas Tax Fund Sum of Tax Levy Sum of Debt Financing/ Sum of Waterworks Sum of Wastewater Sum of Other Reserves/Sum of Other Sum of Total
Asset Management sofware & Implementation Services 4 $ 29,017.00 $ 29,017.00 Chlorine Analyzer Replacement 13 $ 8,000.00 $ 8,000.00 KL water treatment Plant SCADA 17 $ 250,000.00 $ 250,000.00 Municipal Services Expansion - West End 14 $ 1,624,368.00 $ 44,774.00 $ 44,774.00 KL GOLD 500,000 $ 2,339,514.00 Storm & Sanitary TUNNEL Engineering Stury 15 $ 71,947.00 $ 71,947.00 Street Scan - Road and Sidewalk Assesment 5 $ 50,000.00 $ 16,144.00 $ 66,144.00 Swastika WPCP Decommissioning + sewer connection to KL WWTP 16 $ 5,600,000.00 $ 475,398.00 $ 2,100,000.00 $ 8,175,398.00 Two new laptop computers 23 $ 10,000.00 $ 10,000.00 Wilson Ave_Water & Wastewater Forecemain 12 $ 45,792.00 $ 45,792.00 KL Water Distribution System Modelling 10 $ 13,229.00 $ 5,600,000.00 Grand Total $ 140.00 $ 7,274,368.00 $ 117,739.00 $ 16,144.00 $ - $ 316,003.00 $ 520,172.00 $ 2,139,017.00 $ 500,000.00 $ 10,883,443.00
Projects for Review & Approval 2021 (blank)
Project Name Item # Sum of Gov't Funding/ Sum of Gas Tax Fund Sum of Tax Levy Sum of Debt Financing/ Sum of Waterworks Sum of Wastewater Sum of Other Reserves/Sum of Other Sum of Total Comfort Steet Treatment Plant/Pump Station (OCWA) 6 $ 40,704.00 $ 40,704.00 KL Wastewater System (OCWA) 1 $ 160,781.00 $ 160,781.00 New 2021 half ton pickup - 4wd 22 $ 50,000.00 $ 50,000.00 Nipissing Lane Resurfacing 27 $ 134,224.00 $ 134,224.00 Tactile Plates 26 $ 45,221.00 $ 45,221.00 TKL Water Treatment Plant - High Lift & Post Treatment (OCWA) 3 $ 40,704.00 $ 40,704.00 TKL Water Treatment Plant - Raw water Pre-Treating (OCWA) 2 $ 191,309.00 $ 191,309.00 Two (2) new Radar Signs 7 $ 9,258.00 $ 9,258.00 Wastewater Pump Station (OCWA) 8 $ 105,830.00 $ 105,830.00 Waterworks Enclosed Cargo Trailer 25 $ 30,093.00 $ 30,093.00 1 new Backhoe with accessories 18 $ 175,000.00 $ 175,000.00 New Truck Box (Hopper) 20 $ 9,375.11 $ 23,838.89 $ 33,214.00
Grand Total $ 266.00 $ - $ 179,445.00 $ 243,633.11 $ - $ 232,013.00 $ 307,315.00 $ - $ 53,931.89 $ 1,016,338.00 Town of Kirkland Lake Capital Projects for 2021
Carryforward Item # Department2 Project Name Type Ranking Ref Document Brief Explanation Column2 Column3 Column4Column5 Project?
1 Wastewater KL Wastewater System (OCWA) Repair & Replacement L4: Essential Project No Critical component failure - parts one month away 2 Water TKL Water Treatment Plant - Raw water Pre-Treating (OCWA) Repair & Replacement L4: Essential Project No Improvement required - High risks of not proceeding - MECP guidelines and regulations 3 Water TKL Water Treatment Plant - High Lift & Post Treatment (OCWA) Repair & Replacement L4: Essential Project No Improvement required - High risks of not proceeding - MECP guidelines and regulations 4 Water, Wastewater, Works Asset Management sofware & Implementation Services Strategic Initiatives L4: Essential Project No 2021-CORP-004 We are not compliant with O. Reg. 588/17 and loss of funding opportunities 5 Works Street Scan - Road and Sidewalk Assesment Strategic Initiatives L4: Essential Project No 2020-FIN-006 Non-compliance to O.Reg. 588/17. The Streetscan will provide data for the asset management plan program 6 Wastewater Comfort Steet Treatment Plant/Pump Station (OCWA) Repair & Replacement L4: Essential Project No General plant maintenance and parts. MECP/MOL non-compliance, service disruptions etc 7 Works Two (2) new Radar Signs Strategic Initiatives L4: Essential Project No Risk of being non-compliant due to innability to collect data for road classifications 8 Wastewater Wastewater Pump Station (OCWA) Repair & Replacement L4: Essential Project No Various parts requirements and spare pumps requirements for several lift station
10 Water KL Water Distribution System Modelling Strategic Initiatives L3: Priority Project Yes 2020 Budget Required to improve planning of existing and future projects
12 Wastewater Wilson Ave_Water & Wastewater Forecemain Repair & Replacement L3: Priority Project Yes 2020 Budget Infrastructure work completed in 2020 - Asphalt paving remains for 2021 13 Water Chlorine Analyzer Replacement Repair & Replacement L3: Priority Project Yes 2020 Budget Chlorine analyzer required for compliance. Part ordered in 2020 and arrived in 2021. 14 Wastewater Municipal Services Expansion - West End Improvement/Expansion L3: Priority Project Yes 2020-PW-009 New watermain and forcemain to KL Gold property line + pressure improvements for Chaput Hughes 15 Wastewater, Works Storm & Sanitary TUNNEL Engineering Stury Strategic Initiatives L3: Priority Project Yes 2020 Budget Last inspection in 1995. Major safety concerns. Study required before entering for inspection. 16 Wastewater Swastika WPCP Decommissioning + sewer connection to KL WWTP Improvement/Expansion L3: Priority Project Yes 2020-PW-010 RFB-493-16 cancelled Nov 17, 2020. Extended completion date to October 31, 2022 17 Water KL water treatment Plant SCADA Repair & Replacement L3: Priority Project Yes 2020-PW-005 The automation system SCADA needs replacing as it is agin gnand is at risk of failure
19 Works 1 new backhoe with accessories Repair & Replacement L3: Priority Project No One backhoe is in a need to replace due to costs to repair 20 Works New Truck Box Hopper Repair & Replacement L3: Priority Project No In need of a new hopper as the existing one is past its useful life cycle - rust
22 Works New 2021 half ton pickup - 4wd Repair & Replacement L3: Priority Project No Need to replace existing unit T207 due to cracked frame 23 Water, works Two new laptop computers Improvement/Expansion L2: Opportunity Project Yes 2020 Budget To increase efficiency - New Laptop with CGIS required for waterworks and for transportation
25 Wastewater, Works Waterworks Enclosed Cargo Trailer Repair & Replacement L2: Opportunity Project No 2008 Ford Cub Van caught fire in 2020. Replacement with equiped cargo trailer suggested. 26 Works Tactile Plates Strategic Initiatives L2: Opportunity Project No AODA Safety Requirements - to be completed no later than January 1, 2025 27 Works Nipissing Lane Resurfacing Repair & Replacement L1: Non-Essential No Aphalt paving required - alternative is recycled asphalt - Comlaints from public - Ongoing maintenance Town of Kirkland Lake Reserve Fund Projections for the Year 2021
Reserves Opening Transfers TO Transfers FROM Projected Balance
Centennial Committee $ 64,923 $ 64,923 Infrastructure Capital 476,792 $ 476,792 Kirkland District Health Centre 56,691 $ 56,691 Org. Restructure and Efficiency 284,541 39,017 $ 245,524 Other 225,662 $ 225,662 Working Capital 2,179,324 $ 2,179,324 TOTALS $ 3,287,933 - 39,017 $ 3,248,916
Reserve Funds Opening Transfers TO Transfers FROM Projected Balance
Archer Drive $ 203,256 $ 203,256 Employees' Acc. Sick Leave 69,731 $ 69,731 Health Unit 231,724 $ 231,724 Kinross Park Maintenance 7,745 $ 7,745 Life Cycle Replacement 153,093 $ 153,093 Parkland 99,392 7,193 $ 92,199 Residential Development 20,325 $ 20,325 Wastewater Capital Projects 1,135,910 827,487 $ 308,423 Waterworks Capital Projects 1,212,534 548,106 $ 664,428 TOTALS $ 3,133,710 - 1,382,786 $ 1,750,924
Obligatory Reserve Funds Opening Transfers TO Transfers FROM Projected Balance
Gas Tax $ 1,423,964 1,129,780 $ 294,184 OCIF 1,530,974 608,544 2,100,000 $ 39,518 Main Street Revitalization - - TOTALS $ 2,954,938 608,544 3,229,780 -$ 274,842
Page 1
REPORT TO COUNCIL
Meeting Date: 18/05/2021 Report Number: 2021- Fire-002M
Presented by: Fire Chief Department: Fire
REPORT TITLE
Aerial Fire Truck
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021- Fire-002M entitled “Aerial Fire Truck” be received, and THAT staff be directed to purchase another aerial truck for at or around the cost to repair the existing one.
BACKGROUND
The aerial fire truck has stopped working. A certified technician was contacted to repair the aerial. The cost to repair the aerial is going to be $24,000 in parts and $26,000 in labour. There would also be costs associated with transporting the aerial to the facility where it can be repaired.
RATIONALE
The repair costs are more than the aerial is worth.
OTHER ALTERNATIVES CONSIDERED
Purchase new at a much more significant cost.
FINANCIAL CONSIDERATIONS
The replacement cost is going to have to come from somewhere other than the operating budget.
RELATIONSHIP TO STRATEGIC PRIORITIES
Improving Health and Safety for Staff and Public
ACCESSIBILITY CONSIDERATIONS
N/A
CONSULTATIONS
C-Max Fire Solutions NFPA Fire Underwriters
ATTACHMENTS
None
Town of Kirkland Lake – Report to Council – Aerial Fire Truck Page 2 of 2
REPORT TO COUNCIL
Meeting Date: 18/05/2021 Report Number: 2021-CS-012
Presented by: Bonnie Sackrider Department: Community Services
REPORT TITLE
Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-CS-012 entitled “Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative” be received.
BACKGROUND
At the May 4, 2021, Regular Meeting of Council, after receiving a report entitled, Upcoming Grant Opportunities, Council gave the following direction: Council resolved to have staff be directed to apply to the Green and Inclusive Community Buildings fund for Community Complex retrofits and the Canada Healthy Communities Initiative for enhancing existing walking trails and report back next meeting with further details on the proposed submissions.
RATIONALE
Staff participated in a virtual meeting with the consultants who completed the comprehensive building condition assessment in 2018. A requirement of the application is to compare the “base case” (current energy and emissions profile of the building) with the “proposed case” (the expected energy and emissions profile of the building, post- retrofit). With the existing information they have from their previous report they will be able to determine which retrofits will meet or exceed the 25% energy efficiency threshold. From their findings, staff will be able to narrow down which projects from the original assessment will meet the criteria.
For the Canada Healthy Communities Initiative, Council expressed interest in enhancing the existing trail system. At this time, staff do not have recommendations for enhancing the current trail system that meet the theme of a community project that “creates and adapts public spaces, or programming and services for public spaces that improve open spaces”. However, staff respectfully ask council to reconsider directing staff to apply for dollars to enhance overall trail systems in Kirkland Lake by “revitalizing outdated trails in rural areas for recreational use to increase the number of trails and avoid crowding” (from the Canada Healthy Communities Initiative Applicant Guide). There are manmade trails that exist which connect the existing trail system behind the Joe Mavrinac Community Complex and the Kinross Walking trail. To enhance this system minimal brushing and fill would be required along with signage. The ongoing operational costs would be very minimal; ensuring the integrity of the trail is not compromised and that it remains safe for pedestrians. If council prefers not to invest in trails, another option under the pillar of Digital Solutions is an outdoor touch wayfinding kiosk at the Cemetery that would allow visitors to find where their loved one is located. Frequently family members look for plots at times that there are not staff at the Cemetery, or when staff are not in the office but rather completing maintenance work around the property.
FINANCIAL CONSIDERATIONS
For the building retrofits, once the consultants are able to determine which retrofits will meet the criteria, staff will know what the total project cost will be, and therefore what the municipality’s 20% share will be. For the 100% funded Healthy Communities Initiative, the specific amounts necessary are not yet known but if directed to pursue this option staff will obtain the necessary quotes for the application. Staff estimate at this time that the cost for either option would be between $30,000 and $40,000.
RELATIONSHIP TO STRATEGIC PRIORITIES
Planning for future facility needs has been a priority in the Strategic Plan, as well as with the Service Delivery Reviews on Facilities. Long Term Planning, and leveraging Federal and Provincial dollars will allow the following Areas of Focus to be met: In the area of Achieve Sustainable Operational Excellence – Aim for Financial Sustainability, Better Management of Capital Assets, Find and Implement Efficiencies In the pillar of Outstanding Service, improving accessibility falls in the sustainable service delivery area of focus.
Town of Kirkland Lake – Report to Council – Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative Page 2 of 3
CONSULTATIONS
Senior Management Team Maintenance Coordinator, Chad Fong Cemetery Supervisor, Dave Pearce Piotrowski Consultants
ATTACHMENTS
Attachment 1 – Report to Council –2021-CS-009 - May 4, 2021
Town of Kirkland Lake – Report to Council – Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative Page 3 of 3
REPORT TO COUNCIL
Meeting Date: 04/05/2021 Report Number: 2021-CS-009
Presented by: Bonnie Sackrider Department: Community Services
REPORT TITLE
Upcoming Grant Opportunities
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-CS-009 entitled “Upcoming Grant Opportunities” be received, and THAT staff be directed to apply to the Green and Inclusive Community Buildings fund for Community Complex retrofits and the Canada Healthy Communities Initiative for walking trails.
BACKGROUND
1) Infrastructure Canada has a funding opportunity entitled Green and Inclusive Community Buildings (GICB). With this program, the Government of Canada is making investments to improve the availability and condition of community buildings – in particular with populations experiencing higher needs – while making the buildings more energy efficient, lower carbon, resilient and high performing. The program focuses on publically accessible community buildings with a recognition that these structures and spaces are at the heart of community vitality: they are the places where Canadians gather, access essential services, and learn and play. The quality, availability and location of these spaces-along with the services that they sustain – plays a meaningful roil in fostering inclusion in society and combating systemic inequities.
https://www.infrastructure.gc.ca/alt-format/pdf/gicb-bcvi/GICB-Applicant-Guide- BCVI-Guide-du-demandeur-EN.pdf
Key Information Municipalities are eligible to apply for municipally owned buildings Retrofits must be to a facility that is accessible to the public and that will provide non-commercial services to the community Minimum requirements include: the building must be the site of publicly-accessible programming and activities that serve underserved populations experiencing higher needs Building information including condition assessment, energy profile, and GHG emissions must be submitted Specific types of municipal facilities eligible – community centres, sports and recreational facilities, cultural buildings, child and youth centres, adult learning centres, senior’s activity centres Retrofits completed by March 31, 2026 Retrofits must include green retrofit measures; measures that improve environmental outcomes (achieve at least 25% in energy efficiency improvements compared to the building’s baseline energy consumption) Higher scores are received for – projects that begin sooner, buildings that benefit high needs populations, projects that exceed accessibility standards and increase accessibility, higher energy savings. Projects need to meet or exceed a minimum point threshold in order to be granted funding. 80% of project cost is funded by the grant The 20% can be spread out until March 2026 Retrofit projects with total eligible project costs between $100,000 and $3,000,000 will be evaluated on a continuous basis
2) The Community Foundations of Canada is delivering the Canada Healthy Communities Initiative. The Healthy Communities Initiative supports communities as they create and adapt public spaces, and programming and services for public spaces to respond to ongoing needs arising from COVID-19 over the next two years. Eligible organizations include Municipalities. Under the Safe and Vibrant public spaces theme, projects that create and adapt public spaces, or programming and services for public spaces that improve open spaces, parks, main streets and access to other amenities to meet public health guidance, are eligible. Staff propose to apply for continuation of the trail system throughout Kirkland Lake, enhancing ideas from the Trail Strategy of 2008.
https://communityfoundations.ca/wp-content/uploads/2019/04/Healthy- Communities-Initiative-Applicant-Guide-Feb-8.pdf
Town of Kirkland Lake – Report to Council – Upcoming Grant Opportunities Page 2 of 5
Although lighting at Kinross was suggested for Staff to consider, after consultation with local police enforcement, it is not recommended. It would not follow the concept of Crime Prevention through Environmental Design. According to this model, we do not want to light an area that is at all secluded since although people tend to feel safe, they are more likely to be victimized. Additionally, a lighted area in a secluded, treed area is potential for criminality such as underage drinking, and drug use.
RATIONALE
Green and Inclusive Community Buildings This grant was discussed at the Senior Management Team meeting and it was agreed that the best application will be to apply for funding that the municipality would need to fund at the Community Complex over the next 5 years, based on the most recent Building Condition Assessment received and the subsequent Class C estimates. This would meet the proactive approach to Facility Management that Council has requested. Canada Healthy Communities Initiative This grant was also discussed at the Senior Management Team meeting and the group felt that an application to the Safe and Vibrant Public Spaces theme, for walking trails, was the best fit.
OTHER ALTERNATIVES CONSIDERED
1) Do not apply for GICB funding and reactively fund building retrofits through the levy as required. 2) Apply for lighting for the Canada Healthy Communities Initiative 3) Apply for another project presented by Council.
FINANCIAL CONSIDERATIONS
Green and Inclusive Community Buildings This project is funded 80% by Infrastructure Canada. Staff would look for provincially funded opportunities to share in the remaining 20%.
Town of Kirkland Lake – Report to Council – Upcoming Grant Opportunities Page 3 of 5
Canada Healthy Communities Initiative This program funds 100% of the project applied for, up to the threshold of $250,000 (although there is a maximum allotment for Northern Ontario).
Town of Kirkland Lake – Report to Council – Upcoming Grant Opportunities Page 4 of 5
RELATIONSHIP TO STRATEGIC PRIORITIES
Planning for future facility needs has been a priority in the Strategic Plan, as well as with the Service Delivery Reviews on Facilities. Long Term Planning, and leveraging Federal and Provincial dollars will allow the following Areas of Focus to be met: In the area of Achieve Sustainable Operational Excellence – Aim for Financial Sustainability, Better Management of Capital Assets, Find and Implement Efficiencies In the pillar of Outstanding Service, improving accessibility falls in the sustainable service delivery area of focus.
ACCESSIBILITY CONSIDERATIONS
Accessibility enhancements are included as a step to meet the Province’s vision of an accessible Province by 2025.
CONSULTATIONS
Senior Management Team
ATTACHMENTS
Attachment 1 – November 5, 2019 – Class C Estimate – Piotrowski Consultants Attachment 2 – 2008 – Trail Development Strategy – MMM Group
Town of Kirkland Lake – Report to Council – Upcoming Grant Opportunities Page 5 of 5
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CS-011
Presented by: Bonnie Sackrider Department: Community Services
MEMORANDUM TITLE
Community Safety and Well Being Plan Update
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CS-011 entitled “Community Safety and Well Being Plan Update” be received.
BACKGROUND
Community Safety and Well Being plans are legislated under the Police Services Act. As part of the legislation, municipalities are required to develop and adopt community safety and well-being plans working in partnership with a multi-sectoral advisory committee comprised of representation from the police service board and other local service providers in health/mental health, education, community/social services and children/youth services. Additional requirements are also outlined in the legislation pertaining to conducting consultations, contents of the plan, monitoring, evaluating, reporting and publishing the plan. This approach allows municipalities to take a leadership role in defining and addressing priority risks in the community through proactive, integrated strategies that ensure vulnerable populations receive the help they need from the providers best suited to support them. Municipalities have the flexibility to engage in community safety and well-being planning individually, or in partnership with neighbouring municipalizes to develop a joint plan. At the Regular Meeting of Council on February 18, 2020, the following motion was carried: That the Council for the Town of Kirkland Lake request the District of Timiskaming Social Services Board (DTSSAB) to take a lead in administering and developing a Community Safety and Well Being Plan for our District; THAT the costs associated
with this Plan be included in the DTSSAB budget with the costs pro-rated to the municipalities using the cost sharing formula that is already in place. In response to this motion, and the subsequent motion of the 23 municipalities in the district as well as Temagami, the DTSSAB issued an RFP in March of this year. A consulting firm by the name of LBCG has been engaged to complete the project. The first meeting between LBCG took place on May 11 and the oversight committee made up of a representative from DTSSAB, The Timiskaming Health Unit (THU), the City of Temiskaming Shores and the Town of Kirkland Lake. High level next steps will include the creation of the multi-sectoral advisory committee and community, business, agency and organization engagement. Public engagement sessions as well as public surveys will be utilized for data collection. Staff encourage all residents of Kirkland Lake to become involved in the various methods utilized to obtain data to ensure their voices are heard.
RATIONALE
The ultimate goal of this type of community safety and well-being planning is to achieve sustainable communities where everyone is safe, has a sense of belonging, opportunities to participate, and where individuals and families are able to meet their needs for education, health care, food, housing, income and social and cultural expression. The success of society is linked to the well-being of each and every individual.
FINANCIAL CONSIDERATIONS
Included in the 2021 Capital Budget is funding for Kirkland Lake’s portion of the plan.
Town of Kirkland Lake – Report to Council – Community Safety and Well Being Plan Update Page 2 of 2
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CS-010
Presented by: Bonnie Sackrider Department: Community Services
MEMORANDUM TITLE
Update to Accessible Customer Service Policy and Accessible Employment Policy
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CS-010 entitled “Update to Accessible Customer Service Policy and Accessible Employment Policy” be received, THAT the revised policies are hereby approved, and THAT staff be directed to insert the updated policies into the Corporate Policy Manual and to the Website.
BACKGROUND
In 2020, The Town of Kirkland Lake was selected for an Accessibility for Ontarians with Disabilities Act (AODA) desk audit. The Ministry for Seniors and Accessibility conducts random desk audits to confirm municipalities are in compliance with AODA 2005, and its associated accessibility standards, and to provide any needed support. The Audit consisted of a review of Integrated Accessibility Standards Regulation (IASR) Policies, the municipality’s Multi Year Accessibility Plan, policies on procurement, accessible employment policies, accessible feedback, and training documentation. Suggestions to strengthen two policies was received from the Ministry.
RATIONALE
By following all suggestions and templates provided by the Province, we will ensure that we are in compliance with the AODA.
ATTACHMENTS
Attachment 1 – CORP2020-001 Accessible Customer Service Policy Attachment 2 - CORP2020-002 Accessible Employment Policy Attachment 3 – Return to Work Individualized Accommodation Plan
Town of Kirkland Lake – Report to Council – Update to Accessible Customer Service Policy and Accessible Employment PolicyPage 2 of 2
POLICY Policy Number: CORP2020-001 Date Approved: November 2009 Department: Corporate Date Reviewed: May 2021 Accessible Customer Service
1. Policy Statement
The Town of Kirkland Lake is committed to:
provide its goods and services in a way that respects the dignity and independence of all people give people with disabilities an opportunity, equal to that given to others, to obtain, use and benefit from goods and services integration of the provision of goods and services to persons with disabilities ) review customer services based on customer feedback.
The Town of Kirkland Lake will communicate with people with disabilities in ways that take into account their disabilities.
The Town of Kirkland Lake is committed to serving people with disabilities who use assistive devices, service animals1 and/or support persons2 to access the town’s goods and services.
2. Purpose
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a provincial act with the purpose of developing, implementing and enforcing standards that enhance the ability of persons with disabilities to access the goods and services that are available to others.
1 A service animal for a person with a disability may be readily apparent for reasons relating to his or her disability. Alternately, a letter from a physician or nurse may be required to confirm that the animal is required for reasons relating to a disability. It is the responsibility of customers to ensure that their service animals are kept in control at all times. 2 A “support” means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services.
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Accessibility Standards for Customer Service is the first standard to be passed as a regulation and become law in Ontario. Under this standard designated private and public sector organizations must develop policies, procedures and practices pertaining to customer service for persons with disabilities.
3. Scope
Not Applicable
4. Definitions
Not Applicable
5. Policy & Procedures
Training
The Town of Kirkland Lake will train all employees, volunteers and others who deal with the public or who are involved in the development and approvals of customer service policies, practices and procedures.
The accessible customer service training will be provided during orientation and in a timely manner. Staff will also be trained on an ongoing basis when changes are made to the town’s policies, practices and procedures related to persons with disabilities.
Training records will be kept, including the dates when training is provided, number of individuals to whom training was provided and the signature of all those individuals trained on a particular date.
Training will include the following:
purposes of Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of the customer service standard The Town of KL’s policies, practices and procedures relating to the customer service standard how to interact and communicate with people with various types of disabilities how to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person workplace specific training to use the town’ s equipment for persons with disabilities what to do if a person with a disability is having difficulty in accessing the Town of KL’s goods and services.
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Assistive Devices
People with disabilities may use their personal assistive devices when accessing our goods, services or facilities. In cases where the assistive device presents a significant and unavoidable health or safety concern or may not be permitted for other reasons, other measures will be used to ensure the person with a disability can access our goods, services or facilities. These measures may include but is not limited to virtual assistance, curbside pick up, alternative access. We ensure that our staff are trained and familiar with various assistive devices we have on site or that we provide that may be used by customers with disabilities while accessing our goods, services or facilities.
Service Animals We welcome people with disabilities and their service animals. Service animals are allowed on the parts of our premises that are open to the public and third parties. When we cannot easily identify that an animal is a service animal, our staff may ask for documentation (template, letter or form) from a regulated health professional that confirms the person needs the service animal for reasons relating to their disability. A service animal can be easily identified through visual indicators, such as when it wears a harness or a vest, or when it helps the person perform certain tasks.
A regulated health professional is defined as a member of one of the following colleges: • College of Audiologists and Speech-Language Pathologists of Ontario • College of Chiropractors of Ontario • College of Nurses of Ontario • College of Occupational Therapists of Ontario • College of Optometrists of Ontario • College of Physicians and Surgeons of Ontario • College of Physiotherapists of Ontario • College of Psychologists of Ontario • College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario
If service animals are prohibited by another law, we will do the following to ensure people with disabilities can access our goods, services or facilities:
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• explain why the animal is excluded • discuss with the customer another way of providing goods, services or facilities
Support Persons A person with a disability who is accompanied by a support person will be allowed to have that person accompany them on our premises. If a fee or fare is normally charged to a customer for accessing our goods, services or facilities, the fee/fare will not be charged for support persons if their attendance is necessary to protect the health and safety of the person with a disability or the health and safety of others on the premises and there is no reasonable way to protect the health or safety of others on the premises. We notify customers of this by posting a notice adjacent to all points of public entry to municipal facilities. In certain cases, the Town of Kirkland Lake might require a person with a disability to be accompanied by a support person for the health or safety reasons of: • the person with a disability • others on the premises Before making a decision, this organization name will: • consult with the person with a disability to understand their needs • consider health or safety reasons based on available evidence • determine if there is no other reasonable way to protect the health or safety of the person or others on the premises If this organization determines that a support person is required, we will waive the admission fee or fare (if applicable) for the support person.
Notice of Temporary Disruption In the event of a planned or unexpected disruption to services or facilities for customers with disabilities, this organization will notify customers promptly. This clearly posted notice will include information about the reason for the disruption, its anticipated length of time, and a description of alternative facilities or services, if available. Services/Facilities include all Municipal buildings and facilities.
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The notice will be made publicly available through signage and advertising
Feedback
Feedback on provision of services to persons with disabilities can be made by using a feedback form, by mail, by e-mail or verbally. Verbal feedback will be documented by the receiver.
Feedback forms are reviewed regularly by department management/staff and timely responses provided. Nature and results of comments will be submitted annually to Accessibility Committee.
Documentation
The Town of Kirkland Lake’s Accessible Customer Service policy, procedures and practices will be available to any person upon request. When providing these documents or the information contained in them, to persons with disabilities, they will be given in a format that takes their disability into account.
6. Summary
Not Applicable
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POLICY Policy Number: CORP2020-002 Date Approved: September 2016 Department: Corporate Date Reviewed: May 2021 Accessible Employment Policy
1. Policy Statement
The Town of Kirkland Lake (the Corporation) is committed and guided by the four core principles of dignity, equal opportunity, integration, independence, and supports the full inclusions of persons as set out in the Canadian Charter of Rights and Freedoms, and the Accessibility for Ontarians with Disabilities Act, 2005.
2. Purpose
This policy is intended to meet the requirements of the Integrated Accessibility Standards, Ontario Regulation 191/11 for the Employment Standard set forth under the Accessibility for Ontarians with Disabilities Act, 2005.
The Employment Standard builds upon the existing requirement under the Ontario Human Rights Code in relation to how to accommodate individuals with disabilities throughout the job application process and the employment relationship.
The Corporation shall use every reasonable effort to ensure that we meet the needs of people with disabilities, in a timely manner, through the implementation of this policy.
3. Scope
This policy applies to paid employees. This includes, but is not limited to, Members of Council, full-time, part-time, and seasonal employment. This policy shall include:
Recruitment, assessment and selection; Informing employees of supports; Accessible formats and communication supports for employees; Workplace emergency response; Documented individual accommodation plans;
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Return to work process (refer to Early and Safe Return to Work Policy); Performance management, career development and advancement; Redeployment.
4. Definitions
Accessible Formats – May include but not limited to; large print, recorded audio and electronic formats, Braille and other formats usable by persons with disabilities.
Communication Supports – May include but not limited to; captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications.
Information – May include data, facts and knowledge that exists in any format, including text, audio, digital or images, and conveys meaning.
Career Development and Advancement – Provide additional responsibilities within an employee’s current position and the movement of an employee from one job to another in an organization that may be higher in pay, provide greater responsibility or be at a higher level in the organization or any combination of them. Both additional responsibilities and employee movement, is usually based on merit or seniority, or a combination of both.
Performance Management – Activities related to assessing and improving employee performance, productivity and effectiveness with the goal of facilitating employee success.
Redeployment – The reassignment of employees to other departments or jobs within the organization as an alternative to layoff, when a particular job or department has been eliminated by the organization.
Support Person – In relation to a person with a disability, another person who accompanies the person with a disability in order to help with communication, mobility, personal care or medical needs or with access to goods, services or facilities.
5. Policy & Procedures
Recruitment, Assessment and Selection
The Corporation shall notify employees and the public about the availability of accommodations for job applicants with disabilities: During the recruitment process when job applicants are individually selected to participate in an assessment or selection process;
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If a selected applicant requests an accommodation, the Corporation shall consult with the applicant and provide and arrange for provision of suitable accommodations in a manner that takes into account the applicant’s accessibility needs due to disability; Notify successful applicants of the policies for accommodating employees with disabilities.
Workplace Emergency Response Information
The Corporation shall provide individualized workplace emergency response information to employees who have a disability:
If the disability is such that the individualized information is necessary and the Corporation is aware of the need for accommodation due to the employee’s disability; If the employee who receives individual workplace emergency response information requires assistance and with the employee’s consent, we shall provide the workplace emergency information to the person designated by the Corporation to provide assistance to the employee; As soon as practicable after becoming aware of the need for accommodation due to the employee’s disability; Review the information when the employee moves to a different location in the organization, when overall accommodation needs or plans are reviewed and when the Corporation reviews its general emergency response policies.
Workplace Information
The Corporation will ensure that all workplace information is provided in accessible formats, if requested by an employee who has a disability. This includes but is not limited to the following:
Any information the employee needs to perform the job duties. Including but not limited to: job descriptions, training, and manuals. General information that is available to all employees at work. Including but not limited to: company memos, communications, and postings.
Documented Individual Accommodation Plans
The Corporation will develop a documented individual accommodation plan for each employee with a disability on an as required basis. The process may include:
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The participation of the employee in the development of the accommodation plan; The means by which the employee is assessed on an individual basis; Identification of the accommodation to be provided; Timelines for the provision of accommodations; The ways an employee can request an evaluation by an outside medical expert, or other experts (at the employer’s expense) to determine if accommodation can be achieved, or how it can be achieved; The ways that an employee can request the participation of a representative from their bargaining agent or other representative from the workplace (if the employee is not represented by a bargaining agent) for the creation of the accommodation plan; The frequency with which the individual accommodation plan should be reviewed or updated determined, and how it should be done; The means of providing the accommodation plan in an accessible format, based on the employee’s accessibility needs; The steps taken to protect the privacy of the employee’s personal information; If an individual accommodation plan is denied, the reasons for the denial will be provided to the employee.
Return to Work Process
The Corporation shall develop and have return to work processes in place for employees who are absent from work due to a non-occupational disability and require disability-related accommodations, in order to return to work. The Corporation will document these processes.
The return to work process shall include an outline of the steps the Corporation will take to facilitate the employee’s return to work and use documented individual accommodation plans.
The Municipality’s Return to Work Process is linked here, or available from the Human Resources Department upon request.
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Performance Management, Career Development, Redeployment and Advancement
The Town of Kirkland Lake will take into account the accessibility needs of employees with disabilities and/or individual accommodation plans of employees when:
Using performance management processes; Providing career development and advancement information; Using redeployment procedures.
This will include adjusting performance benchmarks to accommodate for disabilities, providing coaching and feedback in a manner that is accessible, and providing accommodations needed to successfully learn new skills or take on additional responsibilities.
6. Summary
In all cases this policy will remain in place unless specific items are otherwise addressed through new policies, while remaining compliant with the Accessibility for Ontarians with Disabilities Act, 2005.
This policy and its related procedures will be reviewed as required in the event of legislative changes.
Referenced Documents:
Accessibility for Ontarians with Disabilities Act, 2005 http://www.elaws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm# BK19
Integrated Accessibility Standards, Ontario Regulation 191/11 http://www.elaws.gov.on.ca/html/source/regs/english/2011/elaws_src_regs_r111 91_e.htm#BK0
Ministry of Community and Social Services, Making Ontario Accessible (Access ON) http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/index.aspx
Ontario Human Rights Code, 1990 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.html
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Sample Return to Work Process
The Town of Kirkland lake is committed to supporting employees who have been absent from work due to a disability. We will use the following process to help employees who require accommodation to return to work.* Step 1. Initiate the leave and stay in contact with the employee
lf an employee needs to take a disability leave, s/he will inform his/her manager and human resources. The employee and manager will maintain regular contact, with the employee's consent, to address any problems that may arise and facilitate the return to work process. Step 2. Gather relevant information and assess individual needs The employee and manager will work together to share information and find the most appropriate accommodation, for example: Manager . Provides the employee with return to work information . Helps resolve any problems with treatment if requested to do so by the employee . Maintains regular contact with the employee . Ensures work practices are safe for returning employee . Assists with identifying accommodations . Assists with analyzing the demands of each job task Employee . Gets and follows the appropriate medical treatment . Provides updates about their progress, including information about his/her functional ability to perform the job . Provides his/her health care provider with the return to work information Health care provider(s), union/workplace representative(s) and health and safety professional(s) may also participate in the process, if needed. Step 3. Develop a return to work plan
After identifying the most appropriate accommodation, safety considerations and any transitional measures, capture the details in a written plan. Depending on circumstances, the employee may: . return to the original position . return to the original position with accommodation(s) on a temporary or permanent basis . return to an alternate position on a temporary or permanent basis The return to work plan should be attached to the employee's individual accommodation plan. Step 4. lmplement, mon¡tor and update the plan
After implementing the return to work plan, the employee and manager will monitor and review the plan regularly to ensure that it remains effective. lf the accommodation is no longer appropriate, they will reassess the situation (step 2) and update the plan.
* This return to work process does not replace or override any other return to work process created by or under any other statute It should not be taken as legal advice. You should contact a lawyer for advice for your pafticular set of facts or circumstances.
0047E (2016/01) Pâge I of 3 Sample Return to Work Plan
Confi dential when completed
Employee lnformation Last Name First Name
Title / Department
Manager lnformation Last Name First Name
Title / Department
Retum to work plan start date (yyyylmm/dd) Return to work plan end date (yyyy/mm/dd)
Goal
At the end of the return to work process, the employee will return to his/her ! Originaljob I Original job with modifications ! Afiernate job (include job description) Accommodat¡ons and trans¡tional measures
List any limitations the employee experiences as a result of his/her disability, how it affects different aspects of his/her job and any accommodations or safety measures reguired to help the employee return to wok. Accommodations may include, but are not limited to: . Modified work hours/days . Modified work location . Modified job requirements . Assistive device(s) . Additional support (e.9. colleagues helping with specific tasks) lf the measures will be phased in or out, include a starVend date. 1. Limitation
Tasks/activities affected
Accommodation
Safety considerations
Start Date (yyyy/mm/dd) End Date (yyyylmm/dd)
oo47E (2016101) Page 2 of 3 Assignment to alternate position
Complete this section if the employee will not be returning to his/her original job. The assignment to an alternate position may be temporary or permanent. Job title Length of assignment
Describe the new position
List any training requirements and safety precautions
Gomments / Notes Use this section for any additional information (e.9. details of alternative work arrangements, budget code for accommodation costs, etc.)
Signature Emp nature Date (yyyy/mm/dd)
Manage/s Signature
oo47E (2016/01) Page 3 of 3
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-HR-008
Presented by: Kassandra Young Department: Human Resources
MEMORANDUM TITLE
Pay Equity Update
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-HR-008 entitled “Pay Equity Update” be received, and THAT staff be directed to procure the services of a consultant to complete a Pay Equity, Compensation and Job Evaluation Review for the entire Corporation, including unionized and non-unionized positions by the end of Q4 2021.
BACKGROUND
At the December 15th Regular Meeting of Council, Council received a report in closed session regarding Pay Equity compliance. Since December 15th, staff have been working on completing job descriptions for the entire Corporation to be able to provide accurate information on the positions to consultants.
RATIONALE
Due to budget restrictions, it has been difficult to be able to proceed with a Pay Equity, Compensation and Job Evaluation review through a consultant. Staff are looking to complete a Pay Equity, Compensation and Job Evaluation Review by the end of Q4 2021. By implementing a new deadline, staff will be able to fully implement the changes that are a result of the review by January 2022. By having the changes take effect in the new fiscal year, staff will be able to successfully budget for the consultant fees, payouts, and increases as a result of the Pay Equity, Compensation and Job Evaluation review.
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-DEV-019M
Presented by: Jenna McNaughton Department: Development Services
MEMORANDUM TITLE
Request to Repeal and Cancel One Lease Agreement and One Encroachment Agreement
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-DEV-019M entitled “Request to Repeal and Cancel One Lease Agreement and One Encroachment Agreement” be received, and THAT staff be directed to present a By-law to Repeal the Lease Agreement at 69 Federal Street and the Encroachment Agreement at 152 Taylor Avenue.
BACKGROUND
Mr. Baker and Ms. Carisse recently purchased a portion of adjacent laneway from the municipality, in order to acquire the land being used as their driveway. There was an active lease on the property, and since the municipality no longer owns the land staff are requesting that the existing lease agreement be cancelled and that By-law 2373 be repealed. Mr. Kazur, owner of 152 Taylor Avenue recently removed his encroaching thereby making the encroachment agreement null and void. Staff are requesting that the existing encroachment agreement be cancelled at that By-law 01-044 be repealed.
RATIONALE
With the property 152 Taylor Avenue, Mr. Kazur no longer has an encroaching structure and does not have a desire to continue with the existing agreement. In the case of 69 Federal Street, the owners were leasing a portion of laneway for their driveway. Once the land was purchased by the owners, the municipality can no longer charge a lease fee.
ATTACHMENTS
Attachment 1 – By-law 2373, 69 Federal Street Attachment 2 – By-law 01-44, 152 Taylor Avenue
Town of Kirkland Lake – Report to Council – Request to Repeal and Cancel One Lease Agreement and One Encroachment Agreement Page 2 of 2
REPORT TO COUNCIL
Meeting Date: 18/05/2021 Report Number: 2021-CLK-012
Presented by: Meagan Elliott Department: Corporate Services
REPORT TITLE
Video Closed Captioning for Accessibility
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-CLK-012 entitled “Video Closed Captioning for Accessibility” be received, and THAT staff be directed to upgrade the Corporate Zoom account from Pro to Business to allow utilization of the Zoom Audio Transcripts.
BACKGROUND
As of January 1, 2021 all public websites and web content posted after January 1, 2012 must meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA other than criteria 1.2.4 (live captions) and 1.2.5 (pre-recorded audio descriptions). At the January 12, 2021 Regular Meeting of Council, Council received this information and directed staff to look into third party costs for video closed captioning services.
RATIONALE
As noted above, live video streams do not need to be captioned at this time, but the posting of the recorded video does. The Town of Kirkland Lake currently utilizes YouTube for the posting of Council meeting videos that has a closed captioning feature but it is not precise. TKL has been utilizing Zoom for electronic meeting participation and live streaming the Council meeting. It has been determined that an upgrade to the current Zoom account from “Pro” to “Business” would allow the generation of accurate transcripts and the ability to edit these transcripts manually if needed to correct errors. Although this may add staff time to the uploading of videos, it will ensure compliance with the legislative accessibility requirements for a small fee.
OTHER ALTERNATIVES CONSIDERED
YouTube Auto Generated – Currently this is what is being included with the YouTube videos. Once the final version has been uploaded, YouTube auto generates a transcript for closed captioning. The problem is that the transcript often contains errors and requires the addition of the speaker’s names and proper punctuation, etc. Additionally, there is a delay in the transcript being made available after the final version of the video has been uploaded. Third Party Transcription Services – Staff researched a variety of third party transcription service options. There are two basic types of transcriptions available: automated and manual. Automated would be similar to what Zoom audio transcripts would provide where a transcript is auto generated and may still have inaccuracies that would need to be corrected. Manual is done manually and would ensure better accuracy, but for a much higher cost. iCompass Video Manager HD – Integrated with YouTube and Zoom accounts, video Manager HD extends the functionality of iCompass’ Meeting Manager solutions so one can live stream council meetings, and provide video links within agendas and minutes. iCompass also offers another less inclusive and less expensive Video Streaming service. Either option would still require any corrections to the transcript to be completed manually, similarly to the above Zoom and YouTube options. The main advantage to the Video Manager HD is the ability to place timestamps within the video that can be linked directly into the agendas and minutes, allowing viewers to go to specific parts of the video from within the agenda or minutes to find what they are looking for. It also allows the video to play on the same page where the agenda or minutes are being viewed. Staff recommend re-looking into this option in the future when the iCompass agenda software is completely integrated.
FINANCIAL CONSIDERATIONS
Zoom Audio Transcripts – The current Zoom account does not allow for transcription; to utilize this service would require an upgrade to the account from Pro at $200/year to Business at $270/year. Third Party Transcription Services – The cost of third party transcriptions varies from (assuming a 1-hour long video) $4.20 - $15 US for automated transcription and $48 - $120 US for manual transcription. Additional costs may also be incurred for poorer quality audio recordings and/or harder to understand accents of speakers. iCompass Video Manager HD – $3,758.90 Annually. The Virtual Streaming option - $1000.00 Annually.
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RELATIONSHIP TO STRATEGIC PRIORITIES
Ensuring we are meeting accessibility requirements supports the pillar of Outstanding Service.
ACCESSIBILITY CONSIDERATIONS
The recommended steps put forth in this report are to ensure we are compliant with legislated Web Content Accessibility Guidelines regarding the posting of videos.
CONSULTATIONS
Laura Dorrell, Communications Coordinator Laurel Masters, iCompass Sales Rep
ATTACHMENTS
Not applicable.
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MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CLK-014M
Presented by: Meagan Elliott Department: Corporate Services
MEMORANDUM TITLE
Parking Lot Rental Rate
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CLK-014M entitled “Parking Lot Rental Rate” be received, THAT staff be directed to finalize an agreement with Horizon Drive In to utilize the Water Street Parking lot on July 30, 2021 for a rental price of $325 +HST, and THAT staff be directed to include a parking lot rental rate in the user fee by-law.
BACKGROUND
A company named Horizon Drive In contacted TKL to inquiry about hosting a Drive In Movie Night in the Water Street Parking lot on the evening of July 30, 2021. This company has worked with surrounding northern communities and would like to include KL to their summer tour pending COVID-19 regulations. Attachment 1 outlines further information on the proposal.
RATIONALE
Staff are working on an agreement to execute with Horizon Drive In for the proposed event but require approval on a parking lot rental rate as this is not included in the current user fee by-law. Other municipalities like North Bay and Timmins do have such a rate and they fall between $300-$350 +HST. Staff recommend approving a rate of $325 +HST for this event and investigate a formal price to include in the user fee by-law for future instances.
ATTACHMENTS
Attachment 1 – Email from Horizon Drive In Meagan Elliott
From: Benjamin Mackenzie
Follow Up Flag: Flag for follow up Flag Status: Completed
CAUTION: This email originated from a sender outside of the organization. Do not reply, click links or open attachments unless you recognize the sender and know the content is safe.
Hello Meagan!
It was great speaking with you today on the phone. We are Northern Ontario's only Drive In Movie Theatre and we would love to bring back the classic outdoor movie experience to Kirkland Lake.
We are planning our summer tour 1 which will take place between June and July and have secured over 10 showings in other Northern Cities and Townships. We follow strict guidelines set out by the provincial government for drive in events and are allowed to operate in Grey Lockdown zones however can not operate in Stay At Home Orders. We monitor the situation very closely with our contacts at the Provincial Government. We also work with all the Northern Health Units to ensure safety is our top priority in executing these events.
We come with our own team and power so we are looking to just rent the parking lot. We come with 5 Million Liability insurance and will list the township as an additional insured on our policy.
We are looking to book the space for July 30th to show two movies back to back, the early show Grease and the later show Vacation. Both these movie rights have been obtained.
We do offer popcorn and cotton candy that is all prepackaged, we submit the food vendor's permits to all health units prior to the event to be able to serve these items on site.
We have strict health, safety and covid19 protocols that we follow and enforce to our staff and all guests attending the event. We have our own security and have not had any issues at any of the previous 30 plus events that took place last summer.
You can visit our website for more about us at horizondrivein.com and if you have any questions please let me know! I look forward to getting to hopefully work with you guys!
Stay Safe!
-- Benjamin MacKenzie Director of Management Horizon Drive In Group [email protected]
1
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CLK-013M
Presented by: Meagan Elliott Department: Corporate Services
MEMORANDUM TITLE
Provincial Offences Act – Inter-Municipal Agreement
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CLK-013M entitled “Provincial Offences Act – Inter-Municipal Agreement” be received, THAT staff be directed to present an executing by-law to authorize the Mayor and Clerk to sign the inter-municipal agreement with respect to the Provincial Offences Act, and THAT staff be directed to list Councillor Casey Owens and Councillor Rick Owen to the Committee listings for the POA Committee.
BACKGROUND
An Inter-municipal Services Agreement was entered into in 2000 with a total of 27 partnering municipalities. The Town of Haileybury was the lead municipality for the administration of Provincial Offences. This agreement has not been reviewed since. Due to the amalgamation of the Townships of Charlton and Dack and the Town of Haileybury, Town of New Liskeard and Township of Dymond there are now 24 municipalities that partner for the administration of Provincial Offences. Temiskaming Shores staff has reviewed the agreement to clean up wording and make necessary updates to reflect the current status. The agreement has been reviewed and supported by the Provincial Offences Act (POA) Advisory Committee.
RATIONALE
Staff recommend signing the inter-municipal agreement. In December 2020, TKL Council passed a resolution for cleaning up appointments to committees and the POA committee appointments were removed at this time. Staff recommend to re-list Councillor Casey Owens and Councillor Rick Owen back to this committee.
Further correspondence was received surrounding POA after the first Committee meeting in 2021. The attachments below include information to review from this meeting. Temiskaming Shores has implemented a collection and write-off policy for Provincial Offences that we are being asked if we want to opt-in to. Opting in to this would give the flexibility of tax rolling fines and possibility of adding an administrative fee. This policy has been circulated to TKL Treasury staff for review. Staff recommend not opting in at this time but to look into it in the future.
ATTACHMENTS
Attachment 1 – Inter-Municipal Agreement Attachment 2 – 2020 POA Financial Statement Attachment 3 – March 22, 2021 POA Committee Minutes Attachment 4 – POA Write-Off Policy Attachment 5 – POA Tax Rolling Agreement
Town of Kirkland Lake – Report to Council – Provincial Offences Act – Inter-Municipal Agreement Page 2 of 2 The Corporation of the City of Temiskaming Shores By-law No. 2021-049 Being a by-law to authorize the execution of an Intermunicipal Agreement with Municipal Area Partners with respect to the Provincial Offences Act
Whereas the Streamlining of Administration of Provincial Offences Act, 1997, S.O. 1998, c.4 (Bill 108) received Royal Assent on June 11, 1998; and
Whereas the Municipal Council of each of the Parties hereto agree to have the justice responsibilities under the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended (hereinafter the “POA”), overseen by an Advisory Committee (hereinafter the “Committee”); and
Whereas the Municipal Council of each of the Parties hereto agree that the City shall enter into, on behalf of the Committee, a Memorandum of Understanding and Local Side Agreement with the Ministry of Attorney General of Ontario (hereinafter the “Ministry”); and
Whereas at its Regular Meeting held on April 6, 2021, Council for The Corporation of the City of Temiskaming Shores acknowledged receipt of Memo No. 012-2021-CS, and authorized staff to prepare the necessary by-law to enter into a Intermunicipal Agreement with Municipal Area Partners with respect to the Provincial Offences Act, for consideration at the April 6, 2021 regular meeting; and
Whereas the Council of The Corporation of the City of Temiskaming Shores deems it necessary to enter into an intermunicipal agreement with municipal area partners with respect to the Provincial Offences Act. Now therefore the Council of The Corporation of the City of Temiskaming Shores hereby enacts the following as a by-law:
1. That Council authorizes the entering into an interprovincial agreement with respect to the Provincial Offences Act with the Towns of Cobalt, Englehart, Kirkland Lake, and Latchford; the Townships of Armstrong, Brethour, Casey, Chamberlain, Coleman, Evanturel, Gauthier, Harley, Harris, Hilliard, Hudson, James, Kerns, Larder Lake, Matachewan, and McGarry; the Municipality of Chrarton and Dack, and Temagami; and the Village of Thornloe, a copy of which is attached hereto as Schedule “A” and forming part of this by-law.
2. That the Mayor and Clerk are hereby authorized to execute such Agreement and Affix the Corporate Seal thereto;
3. That Town of Haileybury By-law No. 2000-065, as amended is hereby repealed.
4. This By-law shall come into force and take effect upon the final passing thereof.
Read a first, second and third time and finally passed this 6th day of April, 2021.
Mayor
Clerk
Schedule “A” to By-law No. 2021-049
Being a by-law to authorize the execution of an Intermunicipal Agreement with Municipal Area Partners with respect to the Provincial Offenses Act
City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
INTERMUNICIPAL SERVICES AGREEMENT
THIS AGREEMENT made as of the 6th day of April, 2021
BETWEEN:
THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
Hereinafter called the “City of Temiskaming Shores”
-and-
THE DISTRICT MUNICIPAL AREA PARTNERS, being The Corporations of the
Township of Armstrong Township of Hilliard Township of Brethour Township of Hudson Township of Casey Township of James Township of Chamberlain Township of Kerns Municipality of Charlton and Dack Town of Kirkland Lake Township of Coleman Township of Larder Lake Town of Cobalt Town of Latchford Town of Englehart Township of Matachewan Township of Evanturel Township of McGarry Township of Gauthier Municipality of Temagami Township of Harley City of Temiskaming Shores Township of Harris Village of Thornloe
Hereinafter called the “Municipal Partners”
All of which are collectively referred to as the “Parties”
WHEREAS the Streamlining of Administration of Provincial Offences Act, 1997, S.O. 1998, c.4 (Bill 108) received Royal Assent on June 11, 1998;
AND WHEREAS the Municipal Council of each of the Parties hereto agree to have the justice responsibilities under the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended (hereinafter the “POA”), overseen by an Advisory Committee (hereinafter the “Committee”);
AND WHEREAS the Municipal Council of each of the Parties hereto agree that the City shall enter into, on behalf of the Committee, a Memorandum of Understanding and Local Side Agreement with the Ministry of Attorney General of Ontario (hereinafter the “Ministry”);
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
NOW THEREFORE in consideration of the premises and the mutual covenants herein contained, made jointly and severally by each and every Party herein to each and every of the other Parties hereto and other good and valuable consideration (the receipt and sufficiency of which is acknowledged by each of the Parties hereto) the Parties hereto agree as follows:
PART1
CREATION OF TEMISKAMING PROVINCIAL OFFENCES ACT ADVISORY COMMITTEE
1. ESTABLISHMENT OF TEMISKAMING POA ADVISORY COMMITTEE AND APPOINTMENT OF THE CITY OF TEMISKAMING SHORES
a. The Parties hereto hereby agree to form a joint Advisory Committee known as the Temiskaming Provincial Offences Act Advisory Committee (hereinafter referred to as the “Committee”). The Parties hereto further agree that the City of Temiskaming Shores shall enter into, on behalf of the Committee, a Memorandum of Understanding and Local Side Agreement with the Ministry of Attorney General of Ontario (hereinafter referred to as the “Ministry”). The Committee shall be responsible for overseeing the City of Temiskaming Shores administration and prosecution relating to proceedings commenced under Parts I and II of the POA and administration of Part III.
b. The Committee shall be composed of a designate(s) from each of the following areas:
i. Kirkland Lake (2 appointed)
ii. Englehart, McGarry, Larder Lake, Gauthier, Chamberlain, Charlton and Dack, Evanturel (1 appointed)
iii. Temiskaming Shores (2 appointed)
iv. Hudson, Temagami, Latchford, Coleman, Cobalt, Harris, Kerns (1 appointed)
v. James, Matachewan, Armstrong, Hilliard, Brethour, Thornloe, Harley, Casey (1 appointed)
c. The Committee shall function in accordance with the Terms of Reference set out under Appendix “01”
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
2. POWERS AND RESPONSIBILITIES OF THE COMMITTEE
a. The Committee, on behalf of all the Parties to this Agreement, shall generally oversee and direct the City of Temiskaming Shores in its management of the POA, and without limiting the generality of the foregoing, shall have the following powers and responsibilities:
i. The Committee shall determine annually the scheduling of the meetings of the Committee;
ii. The Committee will keep minutes of its meetings, which minutes shall be circulated in a timely fashion to the Clerk of each of the Parties hereto for distribution to members of the Councils of each of the Parties hereto;
iii. The Committee will review and approve the annual budget prepared by the City of Temiskaming Shores, in relation to services provided by the City of Temiskaming Shores under the POA. Once the budget is approved by the Committee, it will be submitted to the City of Temiskaming Shores for final approval and subsequently the respective municipal councils for budget purposes;
iv. The Committee will provide annually a detailed accounting of the revenues and expenditures during the immediately preceding calendar year to each of the Parties hereto;
v. The Committee may from time to time as requested by one or more of the Parties, report on levels of service;
vi. The Committee will serve in the resolution of dispute process as set out in this Agreement.
PART II
ADMINISTRATION AND PROSECUTION OF OFFENCES UNDER THE POA
3. ADMINISTRATION OF JUSTICE
The Parties hereto, through their appointed members, recognize and shall adhere to the following guidelines, without limitation:
a. The independence of the judiciary shall be preserved;
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b. The confidence of the public in the administration of justice must be maintained through every effort by all Parties. Further to this end, open access to the justice system, just and timely prosecutions, and freedom from political interference must be assured;
c. The fundamental tenets of procedural fairness and natural justice and the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms shall be assured;
d. The separation of prosecutorial and policing powers as set out in the Police Services Act, R.S.O. 1990, c.P. 15, as amended, must be maintained;
e. The Ministry is and shall continue to be responsible for the integrity of the administration of justice in Ontario; and
f. Officially bilingual access to the administration of justice, as prescribed by the Courts of Justice Act, R.S.O. 1990, c. c. 43, as amended, shall continue, in area designated under the French Language Services Act, R.S.O. 1990, c.F.32, as amended, out of court services must be provided at the same level as provided by the Ministry at the time of the execution of this Agreement.
4. THE CITY OF TEMISKAMING SHORES
The City of Temiskaming Shores shall:
a. By and with the approval of all the Parties hereto by way of resolution or by-law of each of the Municipal Councils, enter into a Memorandum of Understanding and Local Side Agreement with the Ministry;
b. Provide each of the Parties hereto with the following services:
i. The administration, court support and prosecution of offences commenced under Part I of the POA; and
ii. Any remaining administration and court support relating to proceedings under Part III of the POA.
c. Carry out its duties and obligations in accordance with the Memorandum of Understanding and Local Side Agreement;
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d. Provide, at a minimum, the same services and level of service delivery as was provided by the before the execution of this Agreement;
e. Abide by and give full force and effect to the requirements of this Agreement;
f. Advise the Committee within seven (7) days of receipt from the Ministry of any proposed amendments to the Memorandum of Understanding and/or the Local Side Agreement. In addition, the City of Temiskaming Shores shall not submit any proposed amendments to the aforesaid agreements to the Ministry without first obtaining the approval of the Committee; and
g. Advise the Committee within seven (7) days of receipt from the Ministry of any proposed amendments to any legislation and/or regulations concerning the administration of justice as is concerning by this Agreement;
h. Consult with the affected Parties and seek the approval of the Committee when significant change to a service level is proposed and further, should a dispute arise resulting from the proposed change, agrees that the change will not proceed until the dispute resolution process has reached conclusion.
5. THE MUNICIPAL PARTNERS
Each of the Parties hereto shall be responsible for the prosecution of any matters relating to:
a. Their own municipal by-laws;
b. Fire code compliance within their municipality;
c. Building Code compliance within their municipality;
d. Any other matter for which each party was individually responsible before the execution of this Agreement.
6. REVENUE
a. The City of Temiskaming Shores shall collect fines, fees, costs and surcharges and enforce their payment in accordance with section 165(1) of the POA. Collection enforcement, and disbursement of revenues and payments of expenditures are to be carried out as specified in the Memorandum of
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Understanding and its Local Side Agreement, the POA and the Contraventions Act, S.C. 1992, c.47, as amended and regulations thereto. b. The Parties agree that the sharing of revenues and expenses between the City of Temiskaming Shores and each of the Parties shall be carried out in accordance with Appendix “02” to this Agreement.
c. The Parties agree that the net revenues shall be disbursed to the Parties to this Agreement, in accordance with Appendix “02” to this Agreement.
7. REPORS AND ACCOUNTING
a. The City of Temiskaming Shores shall manage and maintain separate bank accounts, in trust for the Parties to this Agreement, with respect to all monies received by the City of Temiskaming Shores on behalf of the Parties to this Agreement in regards to fines, costs, surcharges and fees and payment of expenditures pursuant to this Agreement;
b. The City of Temiskaming Shores shall maintain books of account, separate from those relating to the municipal affairs of the City of Temiskaming Shores, with respect to all monies received and disbursed by the City of Temiskaming Shores in regard to fines, costs, surcharges, fees and expenses pursuant to this Agreement. These books of account shall be made available for inspection without notice by the Committee during regular office hours;
c. All monies received and expended by the City of Temiskaming Shores in respect of fines, costs, surcharges pursuant to this Agreement are to be separately and clearly identified in the financial records of the City of Temiskaming Shores and are subject to an external audit for the review of the Committee. Copies of this audit will be submitted to each Party for their information;
d. Each party shall be entitled to review the financial records maintained by the City of Temiskaming Shores under the POA.
8. LIMITATION OF LIABILITY
a. The Parties hereto hereby agree, jointly and severally, to indemnify and save harmless the Committee and its members as constituted from time to time from and against all actions, causes of action, losses, damages, suits, judgments, awards, orders, claims and demands whatsoever and from all costs to which the Committee and/or its members may be put in defending or settling any such action, causes of action, losses, damages, suits, judgments,
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awards, orders, claims and demands, which may arise whether directly or indirectly by reason of or as consequence of or in any way related to the Committee and/or any of its members acting properly in a manner authorized by this Agreement. The Parties hereto further agree that if any of them should be called upon by Third-Party to pay any amount whatsoever in excess of this proportionate share herein for any reason whatsoever, then such Party shall be entitled to be indemnified for such payment made by it from all of the other Parties hereto up to the amount of their proportionate share as set out herein. It is further provided that each of the Parties hereto shall forthwith notify their respective insurer of this provision.
b. The City of Temiskaming Shores shall protect itself from and against all claims that might arise from anything done, purported to be done, or admitted to be done under this Agreement by the City of Temiskaming Shores, its elected officials, employees, agents, or contractors and shall maintain a policy of comprehensive general liability insurance providing coverage for a limit of not less than five million dollars ($5,000,000.00) per occurrence as required by the Memorandum of Understanding. Each Party will co-operate fully with the City of Temiskaming Shores so that this insurance can be obtained and continued.
c. Each Party shall indemnify and save harmless to the City of Temiskaming Shores, its elected officials, employees, agents and contractors from all manner of claims, losses, costs, expenses, actions or proceedings of any kind or nature whatsoever based on, occasioned by or attributable to anything done or admitted to be done by each Partner or by its elected officials, employees, agents, or contractors in connection with this Agreement or with the performance of each Partner’s obligation under this Agreement.
d. The City of Temiskaming Shores shall indemnify and save harmless each Party, the elected officials, employees, agents and contractors, from all manner for claims, losses, costs, expenses, action or proceedings of any kind or nature whatsoever based on, occasioned by, or attributable to anything done or admitted to be done by the City of Temiskaming Shores or by its elected officials, employees, agents, or contractors in connection with this Agreement or with the performance of the City of Temiskaming Shores obligations under this Agreement.
9. DISPUTE RESOLUTION
a. The Parties agree to foster and participate in a cooperative approve to disputes arising under this Agreement. The Parties also agree that all
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reasonable efforts will be made to resolve disputes informally and amiably at an early stage.
b. In the event that a dispute between a Party hereto and the City of Temiskaming Shores with respect to the terms and consideration of this Agreement, or with respect to a service level issue, the Parties agree to use the mechanism set out in this section to resolve the dispute.
c. The provisions of this section do not apply to issues governed by the Ministry, the provisions and obligations under the Memorandum of Understanding or Local Side Agreement or any issues relating to the judiciary, principles of justice, or corporate management issues of the City of Temiskaming Shores; or issues related to budget unless the dispute is supported by the Committee.
d. In the event that a dispute or concern arises between a Party and the City of Temiskaming Shores, and such dispute or concern cannot be resolved through initial discussion between the City of Temiskaming Shores and the Party, such dispute or concern will be referred to the Committee.
e. The members of the Committee will foster and assist in the resolution of the dispute and will make appropriate recommendations to the concerned Party and the City of Temiskaming Shores in order to facilitate such resolution.
f. Where any dispute impacts more than one Party, the Committee shall consult with each of the concerned Parties, as well as the City of Temiskaming Shores.
g. The Committee, together with the concerned Parties and the City of Temiskaming Shores will attempt to resolve the dispute or alternatively agree upon a recommendation for consideration of the City of Temiskaming Shores or the Parties, as may be appropriate.
h. If such recommendation or resolution results in a necessary amendment to this Agreement, upon the Agreement of all impacted Parties and the City of Temiskaming Shores, such amendment shall be reduced to writing and become part to this Agreement after being duly executed by the City of Temiskaming Shores and all of the Parties. Should all of the Parties not agree, any Party may proceed to arbitration.
i. Where the Parties, with the assistance of the Committee are unable to reach a resolution to dispute or where the recommendation of the Committee does not resolve the dispute, the Parties may choose to:
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
i. Discontinue the dispute, or
ii. Choose the services of a third-party mediator to facilitate resolution of the dispute, or
iii. Proceed to arbitration.
j. The mediator shall inquire into the issue in dispute and shall attempt to assist the Parties in resolving the dispute.
k. In the event that the Parties do not agree with the recommendation of the mediator, any of the Parties may apply to an arbitrator to resolve the dispute and the dispute shall be settled in accordance with the Arbitration statutes then in force in the Province of Ontario. This section constitutes a submission under such Arbitration statutes. The arbitrator shall be selected in accordance with Paragraph 8(1).
Any arbitration will be conducted according to the rules for the conducting of the Arbitration Institute of Canada Inc., in effect at the day of the commencement of the arbitration, and will take place in the City of Temiskaming Shores unless otherwise agreed. The arbitration will be final and binding upon the Parties. The law governing the procedures and substance of the arbitration will be the law of Ontario.
l. The Parties in dispute may agree in writing upon the appointment of a single Arbitrator who will determine the dispute as sole Arbitrator. If the Parties in dispute cannot agree on a sole Arbitrator then each of the Parties in dispute will appoint an Arbitrator and provide the other Party with written notice of the appointment. If one Party does not provide such notice, then the Arbitrator who has been appointed by the other Party will be the sole Arbitrator and will constitute the Arbitral Tribunal.
m. Where the services of a mediator or an arbitrator are undertaken, the costs of such mediator or arbitrator’s services shall be shared equally by the Parties as part of the costs associated with this Agreement. It is understood that each Party shall be responsible for the costs of its own advisors and experts, if any.
n. Any dispute arising from the failure of the City of Temiskaming Shores to fulfill its obligations as set out under the Memorandum of Understanding shall be filed with the Ministry and the dispute resolution process as established within the Memorandum of Understanding for the disputes between the Ministry and the City of Temiskaming Shores shall apply.
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
o. Subject to Paragraph 5(1) the Parties acknowledge and agree that when a matter is under dispute all service preceded by the City of Temiskaming Shores will continue in accordance with the terms of this Agreement and the requirements of the Transfer Agreement.
10. TERMINATION OF THE AGREEMENT
a. The City of Temiskaming Shores and each Party acknowledge that this Agreement may be terminated by either of them if the Memorandum of Understanding which will be entered into between the City of Temiskaming Shores and the Ministry is terminated.
b. The City of Temiskaming Shores agrees to give twelve (12) months notice to each Party if the said Memorandum of Understanding is to be terminated so that the City of Temiskaming Shores and each Party can deal with the proper termination of this Agreement.
c. Should the Memorandum of Understanding between the City of Temiskaming Shores and the Ministry be terminated resulting in the need for the Parties to seek another provider of administration, court support and prosecution related to proceedings commenced under the POA, the capital assets to the extent paid for by the Parties shall be transferred to the provider chosen by the Parties.
d. A vote of two-thirds of the Parties may terminate this agreement upon giving twelve (12) months notice to the City of Temiskaming Shores.
11. GENERAL
a. This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts shall constitute on of the same instrument. This Agreement shall be deemed to have come into force and take effect once each party has signed its respective counterpart and delivered an original signed copy of same to the Clerk for the City of Temiskaming Shores.
b. i. Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid and mailed in Canadian post office addressed to the Clerk of each of the Parties hereto at their respective municipal addresses or to any other addresses that may be designated in
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
writing by any party hereto and the date of receipt of any notice by mailing shall be deemed conclusively to be four days after the mailing;
ii. Where a notice of document is required by the Agreement to be sent, the notice may be waived or the time for sending the notice may be waived or abridged at any time with the consent of the Party entitled hereto;
c. Any of the terms of this Agreement may be amended with the consent in writing of a minimum of at least a majority of the Parties hereto; provided, however that those Parties who have approved said amendment represent a majority of the electors in the region covered by this Agreement and served by the Committee. Any and all such amendments shall be binding on all of the Parties of this Agreement.
d. This Agreement shall inure to the benefit of an be binding upon the Parties hereto and their respective successors and assigns.
Remainder of this page left blank intentionally
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
In witness whereof the parties have executed this Agreement the day and year first above written. Signed and Sealed in ) THE CORPORATION OF THE TOWNSHIP OF the presence of ) ARMSTRONG ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) BRETHOUR ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) CASEY ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) CHAMBERLAIN ) ) ) Reeve ) ) ) ) Clerk )
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Municipal Seal ) THE CORPORATION OF THE MUNICIPALITY ) OF CHARLTON/DACK ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) COLEMAN ) ) ) Mayor ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWN OF ) COBALT ) ) ) Mayor ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWN OF ) ENGLEHART ) ) ) Mayor ) ) ) ) Clerk )
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) EVANTUREL ) ) ) Reeve ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) GAUTHIER ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) HARLEY ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) HARRIS ) ) ) Reeve ) ) ) ) Clerk )
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) HILLIARD ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) HUDSON ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) JAMES ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) KERNS ) ) ) Reeve ) ) ) ) Clerk )
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Municipal Seal ) THE CORPORATION OF THE TOWN OF ) KIRKLAND LAKE ) ) ) Mayor ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) LARDER LAKE ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE TOWN OF ) LATCHFORD ) ) ) Mayor ) ) ) ) Clerk Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) MATACHEWAN ) ) ) Reeve ) ) ) ) Clerk )
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City of Temiskaming Shores Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
Municipal Seal ) THE CORPORATION OF THE TOWNSHIP OF ) MCGARRY ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE MUNICIPALITY ) OF TEMAGAMI ) ) ) Reeve ) ) ) ) Clerk ) Municipal Seal ) THE CORPORATION OF THE VILLAGE OF ) THORNLOE ) ) ) Reeve ) ) ) ) Clerk ) ) ) ) Municipal Seal ) CORPORATION OF THE CITY OF ) TEMISKAMING SHORES ) ) ) Mayor ) ) ) Clerk
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City of Temiskaming Shores Appendix 01 to Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
APPENDIX “01
THE TEMISKAMING POA ADVISORY COMMITTEE
TERMS OF REFERENCE
1. The composition of the Committee is set out under paragraph 1 of this Agreement.
2. No person who works in any capacity in the administration and prosecution of offences under the POA shall be entitled to be a member of the Committee. Any member of the Board shall disclose any conflict concerning a matter before the Committee that involves a pecuniary interest and shall thereafter leave the meeting and abstain from any discussion and voting on said matter.
3. Each member shall be appointed for a term to commence to coincide with the term of the elected councils of the parties.
4. The Committee shall convene a meeting on an annual basis with the Municipal Partners, to present the budget as submitted by the City of Temiskaming Shores.
5. The Committee is a mechanism for local accountability. Its deliberations will be made in consultation with the Parties and will reflect the position of the majority. All decisions will be based in majority rule of those present. The Committee is responsible to disseminate information and report back to the Parties on a regular basis.
6. A simple majority of the Committee members constitutes a quorum. The Committee Chairperson will be the City of Temiskaming Shores.
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City of Temiskaming Shores Appendix 02 to Schedule “A” to POA Intermunicipal Services Agreement By-law 2021-049
APPENDIX “02”
APPORTIONMENT OF REVENUE AND EXPENDITURES
1. Revenue/Expenditure sharing will be apportioned as follows, based on a pro-rata formula determined from the municipal population:
a. Revenues and expenditures as of the Date of Transfer from the Province to the City of Temiskaming Shores
b. All direct accounting and human resources costs in assuming the POA Transfer.
c. All capital and operating start-up costs.
2. It is hereby understood and agreed to all Parties to this Agreement that the population count herein are figures derived from the Population Census Summary which is issued by the Federal Census. The Parties further agree that the population count is to be amended from time to time based on the updated information received from the Federal Census.
3. The net revenues will be based on actual fines, fees, costs and surcharges collected, less Victims Fine Surcharge (VFS) and any dedicated fines or any other applicable charges and expenses approved by the Board in accordance with the annual budget. Administration costs will be based on Ministry figures as verified by the exit audit at the commencement of the first year. 4. Any revenue from a fine, court award or otherwise resulting from a prosecution of any matter pursuant to Article 5 of the Agreement shall not be distributed to the Parties herein but shall be paid entirely to the Municipality undertaking the prosecution save and except for court costs which are to be deducted therefrom.
5. In the event of a deficit, such deficit shall be divided and apportioned to each municipality being a party hereto on the pro-rata formula determined from the municipal population.
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PROVINCIAL OFFENCES ACT OFFICE – CITY OF TEMISKAMING SHORES
AUDITED FINANCIAL STATEMENTS
DECEMBER 31, 2020
Page 1
INDEPENDENT AUDITORS' REPORT
To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Temiskaming Shores:
Qualified Opinion We have audited the financial statements of the Provincial Offences Act Office - City of Temiskaming Shores, which comprise the statement of financial position as at December 31, 2020, and the consolidated statements of operations and cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies.
In our opinion, except for the possible effects of the matters described in the Basis for Qualified Opinion section of our report, the accompanying financial statements present fairly, in all material respects, the financial position of the Provincial Offences Act Office - City of Temiskaming Shores as at December 31, 2020, and its operations and cash flows for the year then ended in accordance with Canadian public sector accounting standards.
Basis for Qualified Opinion The financial records of the City of Temiskaming Shores Court Service Area are maintained and generated by the ICON system, maintained by the Province of Ontario. The scope of our audit did not include a review over the controls of this system nor was a service auditor’s report made available to us.
Included in the revenue for the year ended December 31, 2020 are revenues of $52,768 received on behalf of the City of Temiskaming Shores Court Service Area by other courts located throughout the Province of Ontario. The scope of our audit did not include a review of the systems or controls over cash collections and deposits at these other court locations.
We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Provincial Offences Act Office - City of Temiskaming Shores in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is responsible for assessing the Provincial Offences Act Office - City of Temiskaming Shores’ ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Provincial Offences Act Office - City of Temiskaming Shores or to cease operations, or has no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the Provincial Offences Act Office - City of Temiskaming Shores’ financial reporting process.
Page 2
Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also:
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Provincial Offences Act Office - City of Temiskaming Shores’ internal control.
• Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.
• Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Provincial Offences Act Office - City of Temiskaming Shores’ ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors’ report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors’ report. However, future events or conditions may cause the Provincial Offences Act Office - City of Temiskaming Shores to cease to continue as a going concern.
• Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
Kemp Elliott & Blair LLP New Liskeard, Ontario Chartered Professional Accountants April 15, 2021 Licensed Public Accountants
Page 3
PROVINCIAL OFFENCES ACT OFFICE – CITY OF TEMISKAMING SHORES
STATEMENT OF FINANCIAL POSITION
AS AT DECEMBER 31, 2020
2020 2019 FINANCIAL ASSETS Cash $ 102,832 $ 89,805 Accounts receivable 14,343 49,356
$ 117,175 $ 139,161
LIABILITIES Victim surcharge payable - Province of Ontario $ 22,150 $ 28,884 Accounts payable - other provincial offences act offices 3,144 9,977 - other payables and accrued liabilities 80,566 52,714 Municipal allocations payable 10,167 47,586 Deferred revenue 1,148 -
$ 117,175 $ 139,161
The accompanying notes form an integral part of these financial statements.
Page 4
PROVINCIAL OFFENCES ACT OFFICE – CITY OF TEMISKAMING SHORES
STATEMENT OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 2020
Budget Actual Actual REVENUES 2020 2020 2019 Fines, costs and fees Home court Highway traffic $ 578,088 $ 400,918 $ 566,633 Liquor license 9,032 4,281 7,951 Provincial offences 189,685 104,369 181,154 Municipal by-law fines 7,019 5,575 5,716 Dedicated fines 12,926 13,100 15,420 Victim fine surcharge 144,122 92,959 143,800 Other provincial offences act offices 126,457 52,769 119,690 1,067,329 673,971 1,040,364 Investment and other income 3,524 1,156 3,110 Total revenues 1,070,853 675,127 1,043,474
EXPENDITURES Salaries, wages and employee benefits 184,792 126,072 174,570 Materials Materials and supplies 15,625 12,712 18,212 Travel and conference 2,334 620 2,216 17,959 13,332 20,428 Services Professional fees 101,982 52,595 86,497 Telephone and computer services 8,959 11,178 17,166 Collection fees 13,800 27,107 19,930 Provincial government cost recovery 104,616 43,447 90,479 229,357 134,327 214,072 Rent and financial expenses Rent and administrative fees 66,720 111,126 81,466 Bank charges 8,299 7,630 7,131 75,019 118,756 88,597 External transfers Fines collected on behalf of others Dedicated fines 12,926 13,100 15,420 Victim fine surcharge 144,122 92,959 143,800 Municipal by-law fines 7,019 6,548 5,038 Other provincial offences act offices 26,173 16,418 29,500 Transfer to municipalities 373,486 153,615 352,049 563,726 282,640 545,807
Total expenditures 1,070,853 675,127 1,043,474
Annual surplus $ - $ - $ -
The accompanying notes form an integral part of these financial statements. Page 5
PROVINCIAL OFFENCES ACT OFFICE – CITY OF TEMISKAMING SHORES
STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31, 2020
Operating activities 2020 2019 Net change in non-cash working capital items - Accounts receivable $ 35,013 $ 376 Accounts payable and accrued liabilities (23,134) (51,119) Deferred revenue 1,148 -
Cash used for operating activities and net change for the year 13,027 (50,743)
Cash, beginning of year 89,805 140,548
Cash, end of year $ 102,832 $ 89,805
Represented by Cash $ 102,832 $ 89,805
The accompanying notes form an integral part of these financial statements.
NOTES TO THE FINANCIAL STATEMENTS
1. The City of Temiskaming Shores serves as the lead municipality in administering the Provincial Offences Act Office – City of Temiskaming Shores.
2. The activities of the Provincial Offences Act Office – City of Temiskaming Shores are reported on the accrual basis of accounting.
3. A Statement of Change in Net Financial Assets has not been included since the annual surplus reported on the Statement of Operations reflects the change in Net Financial Assets for the year. PROVINCIAL OFFENCES ADVISORY COMMITTEE MEETING MINUTES Monday, March 22, 2021 – 5:00pm VIA ZOOM
1.0 CALL TO ORDER
The meeting was called to order at 5:01 p.m.
2.0 ROLL CALL
PRESENT: Councillor Doug Jelly Councillor Jeff Laferriere Acting Mayor, Rick Owen (KL) Mayor Nina Wallace (Englehart) Councillor Jason Kramp (Thornloe) Councillor Matthew Johnson (Cobalt) Christopher Oslund, City Manager Laura Lee MacLeod, Treasurer Julie Gregoire, Deputy Treasurer Kelly Conlin, Deputy Clerk (Committee Secretary) REGRETS: Councillor Casey Owens (KL)
3.0 APPOINTMENT OF CHAIR
Recommendation POA-2021-001 Moved by: Councillor Jeff Laferriere
Be it resolved that: The Provincial Offences Advisory Committee appoint Councillor Doug Jelly as Committee Chair.
CARRIED
4.0 REVIEW OF REVISIONS OR DELETIONS TO AGENDA
None
5.0 APPROVAL OF AGENDA
Recommendation POA-2021-002 Moved by: Mayor Nina Wallace
Be it resolved that: The Provincial Offences Advisory Committee Agenda for the meeting be approved as presented.
CARRIED
1
PROVINCIAL OFFENCES ADVISORY COMMITTEE MEETING MINUTES Monday, March 22, 2021 – 5:00pm VIA ZOOM
6.0 DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE None
7.0 NEW BUSINESS
a) Intermunicipal Agreement
The Committee was provided with the intermunicipal agreement for review prior to the meeting. Staff outlined the amendments and have requested that each municipality have the agreement supported by their respective Councils.
Recommendation POA-2021-003 Moved by: Mayor Nina Wallace
Be it resolved that: The Provincial Offences Advisory Committee hereby supports the 2021 Intermunicipal Agreement and recommends the agreement be forwarded to each of the 23 municipalities for their Council’s endorsement.
CARRIED b) Court Resumption Update
The Ministry of Attorney General has not set a date for the resumption of in- person court. At this time, Temiskaming Shores City Hall is upgrading both audio and visual capabilities, which is a requirement for court moving forward, along with the completion of a Risk Assessment.
c) 2021 Budget Approval
Recommendation POA-2021-003 Moved by: Jeff Laferriere
Be it resolved that: The Provincial Offences Advisory Committee hereby approves the proposed 2021 POA budget as presented. CARRIED
2
PROVINCIAL OFFENCES ADVISORY COMMITTEE MEETING MINUTES Monday, March 22, 2021 – 5:00pm VIA ZOOM
d) 2020 Year End Overview
Staff provided a summary report for POA activities in 2020 which included organizational changes and impacts due to COVID-19. e) 2020 Audit Review
The 2020 audit has not yet been received. A meeting will be scheduled with the Committee once the audit review becomes available. f) Collection and Write-Off Policy
Recommendation POA-2021-004 Moved by: Councillor Matthew Johnson
Be it resolved that: The Provincial Offences Advisory Committee hereby approves the Collection and Write Off Policy as presented.
CARRIED g) Satellite Court
At this time, there is no suitable location for the satellite court in Kirkland Lake. Previously, POA had use of a classroom at Northern College, however, that space does not have adequate audio/visual capabilities that are now a requirement and there are no funds budgeted to complete an upgrade in that space. Staff will be reaching out to the acting CAO of Kirkland Lake to determine whether or not a more suitable space is available. Ongoing.
h) Prosecutorial Services and Concerns
Staff outlined concerns with the current bilingual prosecutor, as well as, issues with the Crown in resolving Part III matters. Staff will work towards finding a new bilingual prosecutor for French court dates.
Recommendation POA-2021-005 Moved by: Councillor Matthew Johnson
Be it resolved that: The Provincial Offences Advisory Committee recommends that Part III matters be downloaded to the municipalities for prosecution purposes.
3
PROVINCIAL OFFENCES ADVISORY COMMITTEE MEETING MINUTES Monday, March 22, 2021 – 5:00pm VIA ZOOM
CARRIED
4
PROVINCIAL OFFENCES ADVISORY COMMITTEE MEETING MINUTES Monday, March 22, 2021 – 5:00pm VIA ZOOM
8.0 NEXT MEETING
The next meeting of the Provincial Offences Advisory Committee will be scheduled as required.
9.0 ADJOURNMENT
Recommendation POA-2014-006 Moved by: Councillor Jeff Laferriere
Be it resolved that:
The Provincial Offences Advisory Committee meeting is adjourned at p.m. CARRIED
______Committee Chair
______Committee Secretary
5
The Corporation of the City of Temiskaming Shores By-Law No. 2021 -048
Being A By-Law to Provincial Offences Act Fine Collection and Write-Off Policy
Whereas under Section 8 of the Municipal Act, 2001, S.D. 2001, c. 25, as amended, the powers of a municipality shall be interpreted broadly to enable it to govern its affairs as it considers appropriate and to enhance the municipality’s ability to responds to municipal issues; and
Whereas under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and
Whereas under Section 10(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public; and
Whereas the former Town of Haileybury entered into a Memorandum of Understanding with the Ministry of the Attorney General of Ontario for the administration of the Provincial Offences Act as authorized by Haileybury By-law No. 2000-061;
Whereas the Council of The Corporation of the City of Temiskaming Shores acknowledged receipt of Memo 01 1-CS-2021 at the April 6, 2021 Regular Council meeting regarding a Provincial Offense Act Fine Collection and Write-off Policy and directed staff to prepare the necessary by-law to adopt said policy; and
Whereas Council of The Corporation of the City of Temiskaming Shores deems it necessary to adopt a Collection Policy.
Now therefore the Council of The Corporation of the City of Temiskaming Shores enacts the following as a by-law:
1. That Council for the City of Temiskaming Shores adopts a Provincial Offences Act Fine Collection and Write-off Policy, identified as Schedule “A”attached hereto and forming part of this by-law.
2. That By-law No. 2011-049 be hereby repealed.
3. •That this By-law shall come into force and take effect on the date of its final passing.
4. That the Clerk of the City of Temiskaming Shores is hereby authorized to make minor modifications or corrections of a grammatical or typographical nature to the by-law and schedule, after the passage of this by-law, where such modifications or corrections do not alter the intent of the by-law or its associated schedule.
Read a first, second and third time and finally passed this 6th day of April, 2021.
Mayor
Clerk / Tén’iskdThing Shores
Schedule “A”to By-law No. 2021-048
Being A By-Law to Provincial Offences Act Fine Collection and Write-Off Policy City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
1. Purpose
The purpose of the Provincial Offences Act Fine Collection and Write-Off Policy is to provide an effective and proactive approach to the collection of fines and process for write-off of arrears that have been deemed uncollectible.
2. Policy Statement
The objective of the Provincial Offences Act (POA) collection and write-off process is to support efficient and responsible financial reporting that provides an accurate reflection of collectible POA revenue. The policy will provide guidelines and best practices to ensure staff are demonstrating due diligence with respect to the collection and write-off of POA arrears, as well as applying reasonable efforts to minimize the number of accounts recommended for write-off on an annual basis.
3. Definitions
3.1 Integrated Courts Offence Network (ICON) — the provincially mandated database that POA offices are required to use as per the transfer agreement between the Province and the City of Temiskaming Shores.
3.2 MAG — Ministry of Attorney General
3.3 MTO — Ministry of Transportation
3.4 MOU — Memorandum of Understanding
3.5 POA — Provincial Offences Act
3.6 Requesting Municipality — Municipal Partner responsible for court administration functions.
3.7 Tax Rolling Municipality — Municipal Partner who committed to collect defaulted fines through municipal taxes.
3.8 Uncollectable — a financial obligation, in this case a fine and any associated fees or charges, that have been deemed to have little or no chance of being collected.
3.9 Write-off — cessation of active collection activity and removal and accounts receivable from the ICON system and municipal financial statements.
4. Legislative Authority
The collection of POA fines by municipalities and the remittance of dedicated fines, surcharges and fees that are payable to the Province and/or a municipality is legislated by the Province of Ontario. The regulations and authority related to this
1 City of Temiskaming Shores Schedule A” to POA Fine Collection! Write-off Policy By-law 2021-048
function is subject to the POA Transfer Agreement between the City of Temiskaming Shores and the Province and the related MOU with MAG.
5. Scope
5.1 The decision to write off POA accounts receivable that have been deemed uncollectible is a local decision, and is subject to the directives and operating guidelines outlined by MAG.
5.2 The municipality must ensure all available efforts to collect unpaid, defaulted fines have been exhausted prior to recommending any outstanding amounts for write off.
5.3 Where any POA fine has been written off and any portion is subsequently paid, the requirements to remit certain funds to the Province of Ontario still apply, as set out in the POA Transfer Agreements and the Provincial Offences Act.
5.4 Writing off POA fines is for accounting purposes only and does not absolve a convicted offender from the requirement to pay the fine. Debts owed to the Crown are permanent and are never forgiven nor subject to the Limitations Act.
5.5 Collection activities related to a written off account may resume should conditions change and the account be deemed once again collectible.
5.6 Records must be retained with respect to the accounts being written-off to provide an audit trail to support any future reinstatement of collection efforts.
5.7 The municipality will ensure that equal treatment and efforts regarding the collection of all POA fines will be applied, without any regard to whether the resulting fine will be retained by the municipality or remiffed to another third party.
5.8 The municipality must ensure that decisions to write off POA accounts receivable are justifiable and transparent.
6. Policy Framework
6.1 The following collection activities must have been applied and exhausted in order to provide sufficient evidence to consider recommending write-off of an outstanding fine:
Collection Method Timeframe Notices of Fine and Due Date Letter for each individual fine that remains unpaid 45 days after conviction and automatically cienerated by MAG Collections Notice of Unpaid Fine Letter sent out after the Notice of Fine and due Date is sent out but prior to driver’s
2 City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
licence suspensions and Third Party Collection Agency referrals, or tax rolling. Suspension of driver’s licence through the Automatically carried out 75 days after the MTO, if applicable Notice of Fine and Due Date is sent out where no response received and failing all other attempts to collect Licence Plate denial program through the Occurs concurrently with driver’s licence MTO (effective as of May 1, 2017), if suspension activities a pp1ica ble Transfer of outstanding fines to tax roll if If applicable and at the discretion of the name is identical and the defendant is the Treasurer, any time after the above sole owner methods have been exhausted. (See Appendix “A”for procedure.) Use of Third Party CoHection All unpaid accounts are referred to the
: Third Party Collection Agency 75 days after conviction and are subject to additional attempts to find and contact the defendant Consideration of an extended payment Any time after conviction, upon request of plan the defendant and with approval currently at the discretion of the Justice of the Peace
6.2 The threshold for the write-off of outstanding POA fines is limited to the following:
a) Any outstanding fine that have been in default for a minimum of eight (8) years (as of January 1St of the current year) and where all available collection efforts have been exhausted;
b) For fines more than five (5) years old, the person convicted and who owes the unpaid amount(s) no longer resides in the Province of Ontario and the fine(s) is for an offence for which there is no mechanism for inter-provincial enforcement;
c) The person convicted and who owes the unpaid amount(s) has reached the age of 90 and no longer possesses a valid driver’s license.
d) Any case where the collection options ae not available due to a company in default with satisfactory proof of dissolution, inactive status or bankruptcy;
e) Any outstanding balance of costs or administration fees resulting from incomplete payment of fines (i.e. individual paid the fine but did not pay the added costs) and where the remaining balance owing has been in default for a minimum of two years (as of January 1st of the current year);
f) Any fine of a deceased person for whom a death certificate, obituary or other proof that the person who owed is deceased has been received and collection from the estate is impractical or has been unsuccessful.
3 City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
6.3 The following information is required in support of a recommendation for write-off and shall be noted within the supporting documentation pertaining to each fine for use in the POA office only:
a) Copy of original Certificate of Offence or Part II Information;
b) Record of additional costs and fees included in the outstanding amount;
c) Indication of the collection activities utilized;
d) Reason the write-off is recommended.
6.4 For any POA fine that has been written-off and purged from ICON whereby a portion of that account is subsequently paid, the account related to the payment must be re-entered into ICON so the payment can be recorded as revenue. All monies received related to any fines, surcharges and fees that are payable to the Province of Ontario must be remitted, in a timely manner, to the Province as outlined in Section 165(5) of the Provincial Offences Act.
6.5 By way of the Annual POA Report to MAG, information related to the total value of all fines deemed “uncollectable” and written-off in a fiscal period must be provided to the MAC, POA Unit.
7. Procedure
7.1 Each year, POA staff will review outstanding files and analyze as to the collection steps outlined in Section 6.1 of this policy to which will be used to identify any gaps in previous collections attempts or deem fines as uncollectable where all collection methods have been exhausted. Fines deemed as uncollectable will be recommended for write-off.
7.2 Uncollectable fines will be written-off on the ICON system.
7.3 The POA Coordinator will provide annually to MAG information regarding the total value of all fines deemed uncollectible and written off during the previous municipal fiscal year as part of the Annual Performance and Progress Report to be submitted to the Ministry.
4 City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
APPENDIX “A”
Tax Rolling POA Defaulted Fines Between Municipalities — Best Practice Procedure Document
1. Application
This procedure applies to both the Requesting Municipality and the Tax Rolling Municipality. All parties are equally responsible to ensure the procedure is followed. All communications between the municipalities for tax rolling purposes will be conducted through the “assigned” representative in both Municipalities.
2. Procedure Description
This procedure describes how Municipalities transfer unpaid defaulted Provincial Offence Fines to the property owner’s tax roll which is located within another Municipality in which all of the owners are responsible. A defaulted fine cannot be added to the tax roll on a joint property unless the fine has been issued to both property owners.
The Requesting Municipality is also responsible to ensure that the client qualifies for tax rolling before beginning this procedure. All involved parties have a vested interest in this process, and for that reason each municipality will act on each request as promptly as possible.
It must be noted that although staff can now add unpaid defaulted fines to the tax roll and collect them in the same manner as municipal taxes, legislation does not permit them to have priority line status.
3. Tax Rolling POA Fines This procedure consists of the following tasks: - Adding an Amount to the Tax Roll. - Removing an Amount from the Tax Roll - Reporting and Submitting Payments on a Tax Roll
a. Adding an Amount to the Tax Roll
The Requesting Municipality will ensure the POA tax rolling fine qualifies under the internal tax rolling criteria and contact the assigned representative in the Tax Rolling Municipality via email providing them with the debtor’s name and possible address.
The Tax Rolling Municipality will search their internal database for sole ownership of property in their jurisdiction.
5 City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
No sole ownership determined
Ifthe Tax Rolling Municipality confirms that there is no sole property match, the Tax Rolling Municipality would contact the assigned representative of the Requesting Municipality and advise no sole property match.
Although the Tax Rolling Municipality may not find any sole ownership matches, it is best practice the Tax Rolling Municipality to identify joint ownership properties to the Requesting Municipalities for future writ purposes.
The Requesting Municipality will make a note on file to not proceed with tax rolling and will continue with other internal collection procedures.
Sole ownership determined
Ifthe Tax Rolling Municipality confirms there is in fact a sole ownership match, the Requesting Municipality would provide a copy of the ticket/summons for each fine being tax rolled to the Tax Rolling Municipality and provide the amount to be tax rolled. The amount will be rolled as one lump sum for multiple tickets.
The Tax Rolling Municipality will conduct their internal procedure to add the amount to the roll and will add appropriate tax rolling fees to the property roll if applicable. The property owner will be informed based on the municipality’s internal procedure. Confirmation will then be sent to the Requesting Municipality that the amount has been added to the tax roll and provide a copy of the notification sent to the property owner by email (pdf.)
The Requesting Municipality will update the internal database and note the debtor’s account that the fine has been rolled.
b. Removing an Amount from the Tax Roll
An amount will be removed off the tax roll for one of the following reasons: clerical error, fine paid via ICON, Appeal or Extension granted by Justice of the Peace, or any other reason approved by a manager/supervisor in the Requesting Municipality.
In this situation, the Requesting Municipality will email the assigned representative in the Tax Rolling Municipality requesting the removal and will state the reason for the removal and confirm the amount to be removed. The internal database will be updated and a note made on the account.
The Tax Rolling Municipality will remove the amount from the tax roll following their internal procedure. The tax rolling fee will be removed in the instance where a clerical error has occurred. Their internal database will be updated and
6 City of Temiskaming Shores Schedule “A”to POA Fine Collection! Write-off Policy By-law 2021-048
a note put on account. An email will be sent to the representative in the Requesting Municipality to confirm the amount has been removed.
c. Reporting and Submitting Payments on a Tax Roll
On a monthly basis, the Tax Rolling Municipality will pull an internal report to review for payments made on the tax rolls. A list of payments and payment dates will be emailed to the Requesting Municipality. Payment to the Requesting Municipality will be remitted either by way of mailed cheque or EFT.
The Requesting Municipality will process the payments on ICON and collection database as per internal procedures.
7 Temiskaming Shores Corporate Services 011-2021-CS Memo To: Mayor and Council From: Julie Gregoire, Deputy Treasurer Date: April 6, 2021
Subject: Collection and Write-Off Policy - POA Attachments: Appendix 01: Provincial Offences Act Fine Collection and Write Off Policy (Please refer to By-law No. 2021-048)
Mayor and Council:
A Provincial Offences Act Collection and Write-Off Policy was entered into in April 2011 as required by the Ministry of the Attorney General to establish a policy that establishes guidelines for proper collection efforts and defines uncollectable fines.
Staff has reviewed the policy in order to expand on the possible collection options available to municipalities as outlined by the Ministry of the Attorney General and to further define the guidelines to deem a fine uncollectable. The policy has been reviewed and supported by the POA Advisory Committee.
We respectfully submit this policy for Council consideration to approve and repeal by law no. 2011-049.
Prepared by: Reviewed by: Reviewed and submitted for CouncU’s consideration by:
“Original signed by” “Original signed by” “Original signed by”
Julie Gregoire Shelly Zubyck Christopher W. Oslund Deputy Treasurer Director of Corporate City Manager Services
Corporate Services Page 1 I This agreement (“Inter-Municipal POA Fine Collection Agreement”) made this ______day of ______, 2021.
BETWEEN:
(the “Municipality)
-and-
THE CORPORATION OF THE CITY OF TEMISKAMING SHROES
(the “City”)
WHEREAS Section 441.1 of the Municipal Act, 2001, S.O. 2001, c.25 permits a local municipality to add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act, R.S.O. 1990, c.P.33 (each a “Defaulted Fine”) to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the Defaulted Fine (the Defaulting Property Owners”) and collect it in the same manner as municipal taxes at the request of a municipality that has entered into a transfer agreement with the Attorney General under Part X of the Provincial Offences Act;
AND WHEREAS the City entered into a transfer agreement with the Attorney General on October 24th, 2000.
AND WHEREAS the City and the Municipality (collectively referred to as the “Parties”) wish to formalize arrangements so that the Municipality may add Defaulted Fines to its tax rolls at the City’s request and wish to share any revenue collected in accordance with the terms set out in this Agreement;
NOW THEREFORE the Parties agree as follows:
Requests
1. Subject to applicable law, when the City wishes the Municipality to add any Defaulted fine to the tax roll for any property in the Municipality owned by Defaulting Property Owners, it may do so by providing the Municipality details on the Defaulted Fine and the property including: a. The debtor’s name and the possible address; and b. The applicable offence number and Defaulted fine amount to be added to the tax roll applicable to the subject property. 2. When the Municipality receives a request from the City to add the amount of a Defaulted Fine to the tax roll, it shall add the amount to the tax roll applicable to any property in the municipality for which it is confirmed that the owners are responsible for paying the Defaulted Fine.
Payments, Fees and Interest
3. The Municipality may add any fee to the tax roll that the Municipality charges under its by-law for adding amounts to the tax roll and may charge any interest the Municipality charges under its by-law for amounts collected in the same manner as municipal taxes. 4. The Municipality shall, within 30 days of adding the Defaulted Fine to the tax roll, provide written notice to the Defaulting Property Owners responsible for paying the Defaulted Fine, of the amount added to the tax roll and the amount of any applicable fees and interest that may accrue under the Municipality’s by-law. 5. The Municipality shall review tax rolled accounts monthly and shall report and remit to the City the amount of any Defaulted Fines paid by Defaulting Property Owners. 6. The City shall review tax rolled accounts monthly and shall report to the Municipality the amount of Defaulted Fines paid by Defaulting Property Owners and the Municipality shall remove any such amounts paid from their tax roll. 7. The Municipality may collect and retain from the Defaulting Property Owners any fee it charges for adding Defaulted Fines to the tax roll and it may collect and retain any interest charges the Defaulted Property Owners on any amount.
Recovery and Short-fall
8. The Municipality may apply amounts it receives either from Defaulting Property Owners or through a tax sale to outstanding property taxes, Defaulted Fine amounts and other charges on the tax roll in accordance with applicable legislation and the Municipality’s by-laws and policies. 9. If the City receives payment for the Defaulted Fine after receiving payment for the Defaulted Fine from the Municipality, the Region shall pay any excess amount to the Municipality, and the Municipality shall credit the amount of the overpayment to the applicable tax roll.
Accounting
10. The Parties shall, during the term of this Agreement and for four years following the termination of this Agreement, maintain detailed and accurate accounts, records, books and data of all financial transactions undertaken by them pursuant to this Agreement, prepared in accordance with generally accepted accounting principals. Such records shall be available for review or audit by any party to this Agreement, during the term of this Agreement and for four years following the termination of this Agreement.
Errors and Omissions
11. In the even that either party becomes aware of any error, inaccuracy or omission in any transaction, report or notice that party shall provide written notice of such correction to the other party and/or the Defaulting Property Owners, as may be appropriate in the circumstances. In no event will a party be liable or responsible for any damages resulting from the errors, inaccuracies or omissions of the other party.
Notice
12. Any notice required in this Agreement shall be in writing and shall be effective if: a. Delivered personally; b. Sent by mail; or c. Sent by facsimile or email. 13. All notices and other communications shall be given to the parties. Termination
14. This Agreement shall continue as long as is permitted by provincial legislation. 15. Either party may terminate its participation this Agreement for convenience by providing thirty (30) days written notice of the other party. 16. Any amounts that are added to the tax roll for any property pursuant to this Agreement prior to the date of termination shall continue to be owed to the City after termination of this Agreement. The representatives, warranties and covenants of the Parties contained in this Agreement survive the termination of this Agreement. For greater certainty, the rights and obligations under section 5, 6. 9, 10 and 11 shall survive upon termination of this Agreement.
General
17. This Agreement shall ensure to the benefit of and be binding upon the Parties hereto, their successors and permitted assigns. 18. This Agreement constitutes the entire Agreement between the Parties and supersedes any prior understandings and agreements between the Parties respecting the subject matter contained herein. There are no representations, warranties, terms, conditions, undertaking or collateral agreements, express, implied or statutory between the Parties other than those expressly set forth in this Agreement. 19. This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. The Parties hereby irrevocably and unconditionally attorn to the jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom. 20. No party is to be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right. 21. No change or modification of this Agreement is valid unless it is in writing and signed by each party. 22. In the event that any provision or term of this Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, the remaining terms and provision of this Agreement remain in full force and effect. 23. The Parties agree that the execution of this Agreement may be facilitated through a facsimile or electronic scanned copy and/or this Agreement may be executed in several counterparts and any such facsimile or electronic scanned copy and any such counterpart shall be deemed to be an original and such facsimile or electronic scanned copies or such counterparts together shall constitute one and the same instrument and shall have the same force and effect as an executed original.
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed on the date set out below.
Dated at ______, this ______day of ______,2021
The Municipality The City of Temiskaming Shores
______
Name: Name:
Title: Title:
______
Name:
Title:
I/We have authority to bind the Corporation.
MEMORANDUM TO COUNCIL
Meeting Date: 18/05/2021 Memorandum Number: 2021-CLK-015M
Presented by: Meagan Elliott Department: Corporate Services
MEMORANDUM TITLE
Police Service Board Re-Configuration
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CLK-015M entitled “Police Service Board Re-Configuration” be received.
BACKGROUND
Correspondence was received from the Ministry of the Solicitor General on OPP detachment boards following a round table discussion in February 2020. In response to the feedback received, an OPP detachment board framework has been developed. Under this framework, all relevant communities under the respective OPP detachment are being asked to submit 1 inclusive proposal by June 7, 2021 indicating the desired composition of the board. The current Police Service Board only includes members/topics relevant to Kirkland Lake. The other areas serviced within this detachment have not previously been included in the operations of the board. Communities included under this OPP detachment are Kirkland Lake, Matachewan, Larder Lake, McGarry, Gauthier and Beaverhouse First Nations.
RATIONALE
Staff have been in contact with the Police Service Board and neighbouring communities on this proposal. The Police Service Board recommended proposing 3 separate boards – 1 for KL, 1 for Matachewan and 1 for the remaining communities. Staff presented this proposal to the communities on a zoom call with the Ministry and it was not supported. The surrounding communities do wish to have representation on the Police Service Board but do not believe they would be able to have enough volunteers for their own boards. TKL staff will be moving forward with submitting a proposal for this detachment by June 7, 2021 to suggest 1 board to inhabit representatives from all communities.
ATTACHMENTS
Attachment 1 – Correspondence from the Ministry of the Solicitor General Solicitor General Solliciteur général
Office of the Solicitor General Bureau du solliciteur général
25 Grosvenor Street, 18th Floor 25, rue Grosvenor, 18e étage Toronto ON M7A 1Y6 Toronto ON M7A 1Y6 Tel: 416 325-0408 Tél. : 416 325-0408 [email protected] [email protected]
132-2021-404 By email
March 18, 2021
Dear Heads of Council and First Nations Chiefs:
I am writing to provide you with an update on the new Ontario Provincial Police (OPP) detachment boards under the Community Safety and Policing Act, 2019 (CSPA).
As you may remember, in February 2020, the Ministry of the Solicitor General conducted seven regional roundtable sessions across the province. Discussions at these sessions focused on new OPP-related regulatory requirements under the CSPA. Municipalities and First Nation communities receiving policing services from the OPP were invited to learn more about new OPP-related legislative and regulatory requirements and provide the ministry with feedback to inform the development of related regulatory proposals. In addition, we heard from many of you through various letters and engagement opportunities, including meetings with the Association of Municipalities of Ontario MOU Table and Rural Ontario Municipal Association about what you would like your new OPP detachment board to look like.
In response to your feedback, an OPP detachment board framework has been developed that we hope will provide municipalities and First Nation communities receiving direct and/or supplemental services from the OPP the flexibility to create a board that reflects your community and local needs.
Under this framework, municipalities and First Nation communities receiving direct and/or supplemental services from an OPP detachment are being asked to submit one proposal (per detachment) indicating the composition of their board and, if needed, a rationale for multiple boards and the composition of each additional board.
Municipalities and First Nations within a detachment are asked to work together to determine the composition of their board(s) as well as the manner in which they will submit their proposal to the ministry. For example, after determining the composition of the detachment board(s), municipalities and First Nations within a detachment area may select one municipality or First Nation to complete and submit the proposal.
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Dear Heads of Council and First Nations Chiefs Page 2
Proposals must meet base requirements set by the ministry, which include a minimum number of five members per board and a requirement that each board should be composed of 20% community representatives and 20% provincial appointees. To that end, municipalities and First Nations are not required at this time to identify the names of the individuals that will be participating on the detachment board. Rather, you are only asked to identify the number of seats each municipality and First Nation will be allocated on the detachment board as well as the number of community representatives and provincial appointments.
To streamline and support the proposal process, the ministry has developed a digital form that can be accessed using the link included here.
The ministry will work with municipalities and First Nations to obtain outstanding information/proposals and support you in submitting a completed proposal. If, however, a proposal still does not meet the minimum requirements, or a proposal is not submitted and/or if no consensus is reached on the composition of the board then the ministry will determine the composition of the detachment board.
Completed proposals are to be submitted to the ministry by Monday, June 7, 2021.
We recognize the significant implications that the current COVID-19 emergency has had on municipalities and First Nations across the province. To this end, in addition to the written supporting material attached here, we are also pleased to work with you directly through virtual information sessions.
If you have questions related to OPP detachment boards under the CSPA, please contact Sarah Caldwell, Director of Community Safety and Intergovernmental Policy, at [email protected]. If you have questions about the proposal process or would be interested in a virtual information session, please contact Joanna Reading, Senior Policy Advisor, at [email protected]
Sincerely,
Sylvia Jones Solicitor General
Enclosures
c: Chief Administrative Officers
Municipal Clerks
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-036
BEING A BY-LAW TO PERMIT THE OPERATION OF CERTAIN OFF-ROAD VEHICLES WITHIN THE JURISDICTION OF THE TOWN OF KIRKLAND LAKE
WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 8, provides that the powers of the Municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to (a) govern its affairs as it considers appropriate, and (b) to enhance the municipality’s ability to respond to municipal issues;
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8, subsection (3) provides that a Council of a municipality may pass a by-law permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway within the municipality that is under the jurisdiction of the municipality, or on any part or parts of such highway;
AND WHEREAS the Council of the Corporation of the Town of Kirkland Lake deems it desirable to enact such a By-law for certain off-road vehicles;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1. THAT the following classes of off-road vehicles as defined in Ontario Regulation 316/03 are permitted on highways (streets) within the Town of Kirkland Lake:
All-terrain vehicles Multi-purpose off-highway utility vehicles Recreational off-highway vehicles
2. THAT no person shall operate an off-road vehicle over and upon:
Any municipal owned or municipal maintained land used as parks, playgrounds or utility purposes unless otherwise signed accordingly; Any private property without the consent of the owner; and Any sidewalk
3. THAT no person shall drive an off-road vehicle along Government Road, however, they may directly cross this restricted highway.
4. THAT no person shall operate an off-road vehicle on any highways within the Town of Kirkland Lake in excess of speed at 20 km/hr.
5. THAT no person shall operate an off-road vehicle on any highways within the Town of Kirkland Lake between the hours of 11:00 o’clock p.m. and 6:00 o’clock a.m.
6. THAT this by-law may be enforced by any By-Law Enforcement Officer or Ontario Provincial Police Officer. BY-LAW NUMBER 21-036 - Being a by-law to permit the operation of certain off-road vehicles within the jurisdiction of the Town of Kirkland Lake
7. THAT a person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P33.
8. THAT by-law 15-072 and any predecessors are hereby repealed.
9. THAT this by-law shall come into force and effect upon passage.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
The Corporation of the Town of Kirkland Lake Page 2 of 2
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-037
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN INTERMUNICIPAL AGREEMENT WITH MUNICIPAL AREA PARTNERS WITH RESPECT TO THE PROVINCIAL OFFENCES ACT
WHEREAS the Streamlining of Administration of Provincial Offences Act, 1997, S.O. 1998, c.4 (Bill 108) received Royal Assent on June 11, 1998;
AND WHEREAS the Municipal Council of each of the Parties hereto agree to have the justice responsibilities under the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended (hereinafter the “POA”), overseen by an Advisory Committee (hereinafter the “Committee”);
AND WHEREAS the Municipal Council of each of the Parties hereto agree that the City of Temiskaming Shores shall enter into, on behalf of the Committee, a Memorandum of Understanding and Local Side Agreement with the Ministry of Attorney General of Ontario (hereinafter the “Ministry”);
AND WHEREAS the Council of The Corporation of the Town of Kirkland Lake deems it necessary to enter into an intermunicipal agreement with municipal area partners with respect to the Provincial Offences Act.
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT Council authorizes the entering into an intermunicipal agreement with respect to the Provincial Offences Act with the City of Temiskaming Shores; Towns of Cobalt, Englehart, and Latchford; the Townships of Armstrong, Brethour, Casey, Chamberlain, Coleman, Evanturel, Gauthier, Harley, Harris, Hilliard, Hudson, James, Kerns, Larder Lake, Matachewan, and McGarry; the Municipality of Charlton and Dack, and Temagami; and the Village of Thornloe, a copy of which is attached hereto as Schedule “A” and forming part of this by-law.
2 THAT the Mayor and Clerk are hereby authorized to execute such Agreement and Affix the Corporate Seal thereto;
3 THAT this By-law shall come into force and effect upon its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-038
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CULVER PARK OPERATING AUTHORITY
WHEREAS the Culver Park Operating Authority Inc. has been operating the Culver Park Campground since 1994;
AND WHEREAS the Culver Park Operating Authority Inc. wishes to continue to operate the park;
AND WHEREAS the Corporation of the Town of Kirkland Lake deems it to be desirable to enter into a lease agreement with the Culver Park Operating Authority Inc.;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT That the Mayor and Clerk be and they are hereby authorized to execute an agreement with The Culver Park Operating Authority to operate Culver Park of which agreement is attached and marked as Schedule ‘A’ to this bylaw.
2 THAT By-law 05-021 and any predecessors be repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk By-law 21-038 Schedule “A”
The Corporation of the Town of Kirkland Lake Culver Park Operating Agreement
THIS AGREEMENT made this th day of , 2021
BETWEEN: THE CORPORATION OF THE TOWN OF KIRKLAND LAKE (hereinafter referred to as the “Town”)
OF THE FIRST PART
AND THE CULVER PARK OPERATING AUTHORITY INC. (hereinafter referred to as the “Authority”)
OF THE SECOND PART
WHEREAS the Culver Park Operating Authority Inc. has been operating the Culver Park Campground since 1994;
AND WHEREAS the Culver Park Operating Authority Inc. wishes to continue to operate the park;
AND WHEREAS the Corporation of the Town of Kirkland Lake deems it to be desirable to enter into a lease agreement with the Culver Park Operating Authority Inc.;
NOW THEREFORE BE IT RESOLVED THAT the parties hereto covenant and agree as follows:
1. Agreement Duration
1.1 This agreement shall be binding for a period of ten years from the date of signing the agreement.
1.2 Either party may terminate this Agreement by providing written notice to the other Party, six months prior to the date of termination. Should either party terminate the Agreement, the Town shall not be responsible for any expenses incurred by the Authority prior to the termination or attributed to the Authority following termination.
2. Regulation, By-Laws and Acts
2.1 The Authority shall comply with all codes and regulations and any federal, provincial or municipal codes of any relevant jurisdiction which relate to the
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use or occupation of the property or to the making of any repairs, replacements, additions, changes, substitutions or improvements that relate to such use of occupation. Regulations, By-laws and Acts include, and are not limited to:
a. The Authority shall comply with all pertinent regulations or requirements established and enforced by the Timiskaming Health Unit.
b. The Authority shall be responsible to comply with all environmental regulations and will be responsible for any contamination of the property, and/or any and all contamination originating from the site, which shall include the cleanup of any spills, etc. while this agreement is in force and effect.
3. Assignment of Agreement
3.1 The Authority shall not sub-let or assign this Agreement to any Party without the express written approval of the Town.
4. Indemnification of the Town
4.1 The Authority shall defend, indemnify and save harmless the Town of Kirkland Lake, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, cases of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Authority, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Contract. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Authority in accordance with this Contract and shall survive the Contract.
4.2 The Authority agrees to defend, indemnify and save harmless the Town of Kirkland Lake from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the Authority’s status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided
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By-law 21-038 Schedule “A”
by the Authority in accordance with this Contract, and shall survive this Contract.
5. Insurance
5.1 The Authority shall protect itself and the Town from and against all claims which might arise from the work required to be performed under this Agreement by its officers, employees and agents where personal injury, including death or property damages caused and for this purpose shall without limiting the generality of the foregoing provide and maintain and pay for comprehensive general liability insurance, acceptable to the Town which shall include premises and operations liability, contingent liability with regard to the operation of the park, all of which is subject to limits of not less than five million dollars per occurrence for bodily injury, including personal injury, death and damage to property.
5.2 The policy of the liability insurance shall include the Town as an additional insured, but only in respect of, and during, the operations of the park under this Agreement. The policies of the liability insurance shall contain cross liability clause endorsements.
5.3 All Risks Property Insurance: All risks (including sewer damage, flood and earthquake) property insurance in an amount equal to the full replacement cost of the property of every description and kind owned by the Authority or for which the Authority is legally responsible, and which is located on or about the Premises, including, without limitation, anything in the nature of a leasehold improvement.
5.4 Commercial General Liability Insurance: The Authority shall, at their expense obtain and keep in force during the term of the Lease, Commercial General Liability Insurance satisfactory to the Landlord and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury and shall include but not be limited to:
a. A limit of liability of not less than $5 million/occurrence with an aggregate of not less than $ 10 million b. Add the Landlord as an additional insured with respect to the operations of the Named Insured c. The policy shall contain a provision for cross liability and severability of interest in respect of the Named Insured
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By-law 21-038 Schedule “A”
d. Non-owned automobile coverage with a limit not less than $2,000,000 and shall include contractual non-owned coverage (SEF 96) e. Products and completed operations coverage f. Broad Form Property Damage g. Contractual Liability h. Hostile fire i. The policy shall provide 30 days prior notice of cancellation
5.5 Tenant’s Legal Liability Insurance: The Authority shall obtain tenant’s legal liability insurance for the actual cash value of the building and structures on the demised premises, including loss of use thereof.
5.6 The Authority’s insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the municipality.
5.7 Copies of the liability insurance in the form of a Certificate of Insurance shall be submitted to the Town on an annual basis and upon request. The Authority shall provide a Certificate of Insurance evidencing coverage in force at least 10 days prior to contract commencement.
5.8 This Agreement shall protect the Town in respect of those parts of the park over which the Authority has control by this agreement. The land to be covered by this Agreement is defined on Schedule “A” to this Agreement, and includes all sites, land and facilities within this defined area.
6. Parking
6.1 Vehicle parking outside the park boundary is governed by the Municipal Bylaw -15-017 or its successor... Areas designated as no parking must be complied with and will be enforced by the Town and/or its agents.
6.2 The location and standards for parking facilities operated by the Authority are subject to the approval of the Town. Maintenance of parking facilities, including any additional parking facilities shall be the responsibility of the Authority.
7. Roadway Lighting
The Town will operate and maintain at its expense streetlights alongside the roadway extending from Highway 66 through to the municipal waste water facility.
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By-law 21-038 Schedule “A”
The Town operates and maintains two street lights located within the Park Boundaries as identified on schedule A.
7.1 Any lights required at the Park that are in addition to the lighting provided for in Section VII.1., shall be at the expense of the Authority.
8. Signage
8.1 Any costs associated with promotional/informational signage shall be the responsibility of the Authority.
9. Revenue and Expenses
9.1 The Authority shall retain all operating revenues and pay all expenses relating to the operation of the Park.
9.2 Any and all surplus funds from the operation of the Park and other donations shall be used at the discretion of the Authority, but may only be used for the development and/or operation of the Park.
9.3 The Authority may establish rates and compel organizations and/or persons may pay a rental fee for the use of the facilities and would retain any funds that may be derived by their events at the Park.
10. Taxes
10.1 The Authority is required to pay municipal taxes to the Town of Kirkland Lake, as per the current MPAC assessment.
10.2 The Authority shall pay all business taxes levied upon the business resulting from the Authority’s use or occupation of the premises, or its operations. The Town will not provide any offsetting grants.
11. Snowmobiles and/or Off Road Vehicles
11.1 Should the Operating Authority plan for operation of snowmobiles and/or Off Road vehicles, then the location of trails will be subject to approval.
12. Waste and Recycling Collection
12.1 The Town will provide waste and recycling collection at a location agreeable to the Town, according to the current by-law and level of service. The Authority shall utilize a maximum allotment of 10 municipally-provided waste carts and 5 recycling carts or a Town approved waste shed.
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By-law 21-038 Schedule “A”
Adequate screening of the waste carts/shed shall comply with the Waste By-law.
13. Road Maintenance
13.1 The Town shall maintain the roadway extending from Highway 66 through to the municipal waste water facility. Town shall not maintain the parking lot attached to this roadway. The level of maintenance shall be at the sole discretion of the Town. The Operating Authority shall advise the Town of poor roadway conditions.
14. Culver Park Baseball Field
14.1 The Authority may charge whatever rate they deem appropriate for the use of the ball field.
14.2 The Authority shall be responsible for all maintenance of the ball fields, including setting lines and dragging the field. The standards for maintenance of the ball field shall be equal to, or better than the industry standards for safe turf management.
14.3 All revenues received for the use of the baseball field shall remain with the Authority.
15. Buildings
15.1 The buildings in the Park consist of those buildings identified on Schedule “A” to this Agreement.
15.2 The Authority shall be responsible for the maintenance and improvements to the buildings, and any new buildings constructed after the signing of this Agreement.
15.3 All new buildings shall be reviewed and approved by the Chief Administrative Officer or Designate of the Town of Kirkland Lake If a building permit or planning application is required for the purpose of construction, the costs associated with the processing and approval of applications shall be based on the User Fees as established in the current Municipal User Fee By-law.. The current Municipal User Fee By-law is available for reference at www.kirklandlake.ca , or upon request to the Owner. In any circumstance, the copy of the Municipal User Fee Bylaw provided by the Municipal Clerk of the Town of Kirkland Lake shall be the definitive authority. All fees shall be the responsibility of the Authority.
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By-law 21-038 Schedule “A”
15.4 All docks shall meet applicable law, including but not limited to the Zoning By-law, Building Code and guidelines provided by the Ministry of Natural Resources and Forestry (MNRF).
15.5 Should this Agreement be terminated, all buildings shall be returned to the Town in a condition equal to the condition that existed at the time of the signing of this Agreement.
15.6 When constructed, all buildings shall become the property of the Town, in accordance with the terms of this Agreement.
16. General Operation
16.1 All organizations and individuals will be treated equally and fairly with respect to the use of the Park and with respect to any charges being assessed for the use of the Park.
16.2 The hours of operation for the Park shall be at the discretion of the Authority; however, the Authority shall have the Park open for daily use from not less than a period beginning the first day of June through to the first day of September, unless there are extenuating circumstances, discussed with Municipal staff.
16.3 The Authority may not change site grades or contours of the land without the Town’s written approval.
16.4 The Authority shall maintain and keep, at its sole cost and expense, the entirety of the premises, including buildings and lands, and any part thereof, including all leasehold improvements, in good order and working condition and to promptly make all necessary repairs and replacements thereto, including any repair or maintenance required to the mechanical and electrical services, or any other system or part of the buildings or lands, except for reasonable wear and tear. For greater clarity, ‘to maintain and keep’ implicitly includes maintaining and keeping the buildings and lands in a state that is clean and orderly as reasonably possible in accordance with commercial standards and all applicable governmental laws and regulations.
16.5 All maintenance equipment, including grass-cutting equipment, shall be supplied by the Authority.
16.6 The Authority’s rules of operation for the Park shall be submitted to the Town annually at the time of submitting insurance documents, and at any time when the Authority changes the rules of operation. The Authority shall
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By-law 21-038 Schedule “A”
have regard for any municipal position taken on the Authority’s operating regulations. The Authority shall ensure its rules are consistent with best practices from Provincial Parks.
16.7 All utilities including water, sewer, hydro, gas, telecommunications, or any other utility including tax for the occupation of the premises, will be at the sole expense of the Authority.
16.8 All holding tanks and septic tanks shall be regularly, inspected and maintained at the expense of the Authority.
16.9 Gray water may be disposed of in accordance with applicable law and permits.
16.10 All capital improvements to the Park shall be the responsibility of the Authority. The Municipality is required to approve all capital projects prior to commencement. Planning shall be undertaken to ensure maintenance of the Park is managed in a reasonable fashion.
17. Park Uses and Events
17.1 It is recognized that there are a large number of events or uses that may be hosted within the Park. These activities shall be scheduled and managed by the Authority. The Authority shall ensure the following current municipal policies and procedures are followed:
a. Municipal Alcohol Policy; b. Inflatables on Municipal Grounds; c. Parks & Recreation By-law.
17.2 The Authority shall ensure that event organizers have the proper insurance, approvals, licenses, etc. for any events and/or activities hosted witan the boundaries of the Park.
18. Severability
18.1 Unenforceability or invalidity of one or more clauses in this Agreement shall not have an effect on any other clause in this Agreement. If it is possible, any unenforceable or invalid clause in this Agreement shall be modified to show the original intention of the parties.
IN WITNESS THERETO, the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED on this th day of , 2021.
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By-law 21-038 Schedule “A”
TOWN OF KIRKLAND LAKE
Pat Kiely, Mayor Witness
Meagan Elliott, Clerk Date
CULVER PARK OPERATING AUTHORITY INC.
Applicant Witness
Date
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By-law 21-038 Schedule “A”
SCHEDULE “A”
Culver Park Area
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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-039
A BY-LAW TO REPEAL BY-LAWS TO ESTABLISH LEASES AND ENCROACHMENTS OF CERTAIN TOWN LANDS
WHEREAS Council has established provisions whereby property owners may lease or encroach upon Town lands;
WHEREAS said lease or encroachment has been cancelled;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
THAT the following By-laws pertaining to leases or encroachment are cancelled:
1. By-law 2373: Lease 69 Federal Street
2. By-law 01-44: Encroachment 152 Taylor Avenue
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-040
BEING A BY-LAW TO AUTHORIZE AND EXECUTE THE COLLECTIVE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF KIRKLAND LAKE AND ONA (ONTARIO NURSES ASSOCIATION)
WHEREAS the Collective Agreement between the Corporation of the Town of Kirkland Lake and ONA expired on March 31, 2020;
AND WHEREAS the parties commenced bargaining on February 9 and 10, 2021;
AND WHEREAS a tentative agreement was reached between the parties on February 17, 2021 and a Memorandum of Settlement was signed by the parties;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT the Interim Chief Administrative Officer is hereby authorized to execute the Collective Agreement with the ONA effective April 1, 2020 to March 31, 2023, a copy of which Agreement is attached and marked as schedule “A” to this By-Law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
Please accept this letter to address Council requesting permission for removal of a tree located in front of 111 Tower Street Kirkland Lake. The tree is split through the centre and is a safety concern.
Thank you for your time and consideration in this matter.
Yvon Fortier
May 1, 2021
Attention:
Dear (Mayor, reeve) and council members,
Our group the ‘Kirkland Lake Opioid Poisoning Prevention Task Force’ is requesting support from municipalities across the district. We have been working diligently to obtain funding from the government for Timiskaming. We are working toward turning the formally Pinegar detention center into an Addiction Residential Community. Included would be nonmedical withdrawal management beds and recovery residential housing with its goals to empower recovery and community reintegration through innovative programming and peer support, via a northern perspective. Many meetings have taken place and some incredibly positive progress has been made in a short time frame. However, we now need your support.
Our cause is extremely relevant to all townships, communities, and residents of the district. As you may be aware, we have had many deaths relating to opioid poisonings. (Overdoses) Our communities also struggle with many other substances including alcohol, methamphetamines… The recovery center we are proposing would also address and offer help to those persons struggling with other substances. The Timiskaming area currently has no recovery center or withdrawal management beds (detox) in the district. This continues to put our local people at the mercy of other districts, whose services are themselves saturated. They have long wait lists (100day average) for access to residential treatment and withdrawal management options are minimal and access has grown more difficult because of demand, lack of funding and Covid restrictions. We have lost too many lives to addiction and too many families have been destroyed. This is such an important issue for the people Timiskaming.
Therefore, we approach your town council asking for a letter of support, or perhaps, we could be informed as to when our request is scheduled to be on the meeting agenda and we could obtain a copy of the minutes to include the segments, in our request for funding.
We will be having community consolation re: planning and program development to assure that we are using a best practice-based program delivery model that is inclusive to all adult population groups.
Should you have any questions please do not hesitate to contact us. We would like to thank your consideration of support for this project.
Kindest regards,
K.L Opioid Poisoning Prevention Task Force (Together, we cant make anything happen!)
Tuesday May 5th, 2021
To the attention of the Mayor,
It has been brought to the attention of the Kirkland Lake District Chamber of Commerce that the state of some buildings in our town need to be improved. There are many buildings that appear vacant, abandoned or uncared for and littered with garbage in our municipal area. These structures make our town look uncared for and deter tourism and new businesses from wanting to establish their businesses in our municipality, as well as discourage existing businesses to expand.
Spring Clean Up, an event that normally presented itself in May, was once an annual occurrence. This event allowed for businesses and residents to clean up their properties once a year. Over time we have witnessed this event go through many changes. Businesses and residences are already responsible for extra trash that is being accumulated beyond their one bin limit. There are those individuals that do not have the means to properly dispose of these items. This can lead to houses, yards and properties looking run down and unkempt. It also leads to individuals dumping items in undesignated areas such as the bush, our parks, or trying to use business dumpsters that are now costing the businesses extra. We, The Kirkland Lake District Chamber of Commerce, are asking Council to provide an Action Plan on the expectations, maintenance, and repercussions for building and business owners in our area. We would also like to know what incentives does the town have for existing building and business owners that may help them achieved the expectations that are outlined in the town’s by-laws or action plan. If there is a program available, where can resources be found and how has it been marketed? What areas does it include? Are there any exclusions? Are there any events that promote town pride and cleanliness?
We look forward to hearing from you so that we can work together to make our town cleaner and more enjoyable for our community members, as well as more attractive to new businesses and new residents.
Sincerely,
The Board and Staff of the Kirkland Lake & District Chamber of Commerce.
May 11, 2021
Re: Issue involving the Town of Englehart and Ontario Works Cases
Dear member municipalities and unorganized townships:
You are receiving this letter in response to the recent articles in the Speaker and the Weekender. It is important to the DTSSAB Board that you receive accurate information about the situation. In February 2021, the Town of Englehart asked the DTSSAB to review cases with a residence in Englehart due to a potential discrepancy between an Englehart mailing address, and the physical address. The Director of Client Services and the Ontario Works program integrity staff conducted a review of all cases identified as residing in the Town of Englehart from 2019 to present. Furthermore, at that time the DTSSAB reviewed the entire District’s caseload and all Townships for any discrepancies in addition to Englehart. Information and options were brought to our Board of directors in camera at the March regular meeting and the Board made the unanimous decision to cover the adjustment to the apportionment for Englehart by withdrawing from the working fund reserves. While the total adjustment for Englehart was $11,041, 50% represents municipal contribution and the remaining 50% would be from unorganized areas. Our working fund reserves are comprised of both municipal and TWOMO dollars. The Board was conscious of the current situation with our municipalities as we continue be in a pandemic and were hesitant to impose further financial obligations on them during this time. Furthermore, there is sufficient funds in the reserves to cover the costs rather than causing further financial hardship for some municipalities. Protocols are in place to mitigate future coding errors to ensure confidence in the factors we are using for our apportionment calculation. This includes monitoring and reviewing reports monthly with a focus on program integrity and data accuracy. I can be reached at 705-567-9366 x3253 or [email protected] should you have any further questions or concerns.
Yours sincerely
Kelly Black Chief Administrative Officer
Cc: Doug Jelly, Chair Mark Stewart, Director of Client Services
PO Box/CP 6006 Phone/Tél: 705-647-7447 PO Box/CP 310 Phone/Tél: 705-567-9366 290, rue Armstrong Street 800-627-2944 29, ave Duncan Avenue N 888-544-5555 New Liskeard ON P0J 1P0 Fax/Télé: 705-647-5267 Kirkland Lake ON P2N 3H7 Fax/Télé: 705-567-9492
#1017b (2018-05-07)
NOTICE
Highway 66 Reconstruction Gull Lake Protection Measures
Kirkland Lake residents are advised that the Ontario Ministry of Transportation has commissioned rehabilitation work along Highway 66 for approximately 23 kilometers, terminating west of Highway 624-. The project will tentatively begin during the week of May 17 and conclude in November, resuming in the 2022 construction season. The project includes road resurfacing and rehabilitation of Misema River Bridge.
Preventative measures will be put in place to ensure public safety and minimize the impact on the environment. The latter includes the installation of turbidity curtains in Gull Lake. A turbidity curtain is essentially a piece of fabricate that prevents small particles displaced by construction work from passing through to the lake. It has a float on the top and weights on the bottom to keep in it the correct location. The curtains will be installed in the coming weeks and will remain in place while work takes place in that area. The Town of Kirkland Lake and the Timiskaming Health Unit have been advised that a motorized boat will be required to install and remove the turbidity curtain. Both organizations support the measure as it will be of limited duration and will help ensure the protection of the lake’s eco-system and water quality.
For further information on this construction project, please contact the following:
EXP Services Inc. Contract Administrator: Amy Kwaka, 705-648-5359, [email protected]
J&P Leveque Bros. Haulage Ltd. Contractor: Bryce Wilson, 613-334-6739
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-041
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS REGULAR MEETING HELD MAY 18, 2021
WHEREAS Subsection 5(1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that the powers of a municipal corporation are to be exercised by its Council;
AND WHEREAS Subsection 5(3) of the said Municipal Act provides that 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 Town of Kirkland Lake at this meeting be confirmed and adopted by by-law;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT the actions of the Council of the Town of Kirkland Lake in respect of each motion passed and other actions taken by the Council of the Town of Kirkland Lake at this meeting are hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.
2 THAT the Mayor and Councillors of the Town of Kirkland Lake are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of the Town of Kirkland Lake referred to in the preceding section.
3 THAT the Mayor and the Clerk are hereby authorized to execute all documents necessary on behalf of the Council and to affix thereto the corporate seal of the Town of Kirkland Lake.
4 THAT this by-law comes into force upon adoption by Council of the Town of Kirkland Lake.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF MAY, 2021.
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk