STRATEGIC INITIATIVES STANDING COMMITTEE AGENDA · September 21, 2016 Strategic Initiatives...

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September 21, 2016 Strategic Initiatives Standing Committee Agenda - Page 1 of 2 TOWN OF COLLINGWOOD STRATEGIC INITIATIVES STANDING COMMITTEE AGENDA September 21, 2016 “Collingwood is a responsible, sustainable, and accessible community that leverages its core strengths: a vibrant downtown, a setting within the natural environment, and an extensive waterfront. This offers a healthy, affordable, and four-season lifestyle to all residents, businesses, and visitors.” A meeting of the Strategic Initiatives Standing Committee will be held September 21, 2016 in the Council Chambers, Town Hall, Collingwood commencing at 9:00 a.m. ORDER OF BUSINESS 1. CALL OF STANDING COMMITTEE TO ORDER 2. ADOPTION OF AGENDA THAT the content of the Strategic Initiatives Standing Committee Agenda for September 21, 2016 be adopted as presented. 3. DECLARATIONS OF PECUNIARY INTEREST 4. STAFF REPORTS Waterfront Plan – Interim Report & Next Steps, Brook McIIroy Inc. 2nd Quarter Budget Variance Reporting, Treasurer Marjory Leonard P2016-33 2016 Community Based Strategic Plan Report Card (p.3) RECOMMENDING THAT the Strategic Initiatives Standing Committee support and refer the following Staff Report to the next regular meeting of Council: Staff Recommendation: THAT Council receive the Community Based Strategic Plan Report Card for 2016 and support scheduling a public meeting in October to receive comments on the implementation progress. T2016-11 Ontario Infrastructure and Lands Corporation (OILC) Application and Financing Agreement (Raglan Street Debenture) (p.20) RECOMMENDING THAT the Strategic Initiatives Standing Committee support and refer the following Staff Report to the next regular meeting of Council: Staff Recommendation: THAT By-Law 2016-XXX be passed to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation (OILC) in the amount of $1,199,000 for financing of the construction of sanitary sewer and water services for properties abutting Raglan Street and Hume Street as noted in Schedule “A” of the by-law; AND THAT Council authorizes the Mayor and Treasurer to enter into a financing agreement on behalf of the municipality. 1 of 32

Transcript of STRATEGIC INITIATIVES STANDING COMMITTEE AGENDA · September 21, 2016 Strategic Initiatives...

September 21, 2016 Strategic Initiatives Standing Committee Agenda - Page 1 of 2

TOWN OF COLLINGWOOD

STRATEGIC INITIATIVES STANDING COMMITTEE AGENDA

September 21, 2016

“Collingwood is a responsible, sustainable, and accessible community that leverages its core strengths: a vibrant downtown, a setting within the natural environment, and an extensive waterfront.

This offers a healthy, affordable, and four-season lifestyle to all residents, businesses, and visitors.” A meeting of the Strategic Initiatives Standing Committee will be held September 21, 2016 in the Council Chambers, Town Hall, Collingwood commencing at 9:00 a.m. ORDER OF BUSINESS

1. CALL OF STANDING COMMITTEE TO ORDER

2. ADOPTION OF AGENDA

THAT the content of the Strategic Initiatives Standing Committee Agenda for September 21, 2016 be adopted as presented.

3. DECLARATIONS OF PECUNIARY INTEREST

4. STAFF REPORTS Waterfront Plan – Interim Report & Next Steps, Brook McIIroy Inc. 2nd Quarter Budget Variance Reporting, Treasurer Marjory Leonard P2016-33 2016 Community Based Strategic Plan Report Card (p.3)

RECOMMENDING THAT the Strategic Initiatives Standing Committee support and refer the following Staff Report to the next regular meeting of Council:

Staff Recommendation: THAT Council receive the Community Based Strategic Plan Report Card for 2016 and support scheduling a public meeting in October to receive comments on the implementation progress.

T2016-11 Ontario Infrastructure and Lands Corporation (OILC) Application and Financing Agreement (Raglan Street Debenture) (p.20)

RECOMMENDING THAT the Strategic Initiatives Standing Committee support and refer the following Staff Report to the next regular meeting of Council:

Staff Recommendation: THAT By-Law 2016-XXX be passed to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation (OILC) in the amount of $1,199,000 for financing of the construction of sanitary sewer and water services for properties abutting Raglan Street and Hume Street as noted in Schedule “A” of the by-law;

AND THAT Council authorizes the Mayor and Treasurer to enter into a financing agreement on behalf of the municipality.

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September 21, 2016 Strategic Initiatives Standing Committee Agenda - Page 2 of 2

C2016-11 Enactment of an Indemnification By-law (p.29) RECOMMENDING THAT the Strategic Initiatives Standing Committee support and refer the following Staff Report to the next regular meeting of Council:

Staff Recommendation: THAT Council receive Staff Report C2016-11, and enact and pass By-law 2016-XX being a by-law to provide indemnification for members of Council and employees with respect to certain actions or proceedings arising from their duties.

5. CORRESPONDENCE

Collins Barrow re: Audit of December 31, 2015 Financial Statements (p.31)

6. PUBLIC DELEGATION(S) (maximum 5 minutes per delegation)*

7. OTHER BUSINESS New Tecumseth Pipeline Update, B. MacDonald, Director of Public Works & Engineering

Update re: Potential Consultant Review – CGMH (direction required)

8. ADJOURNMENT

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STAFF REPORT

Report # P2016-33 9/21/2016

Submitted to: Strategic Initiatives Committee

Submitted by: Nancy Farrer, Director of Planning Services

Subject: 2016 Community Based Strategic Plan Report Card

1. BACKGROUND

On September 21st, 2015 Council passed the following motion: WHEREAS Council initiated a Community Based Strategy Planning process in December, 2014 to engage the residents, businesses and visitors of the community to participate in a comprehensive visioning process for a 20 year horizon and to establish action plans for the next 10 years, through a process facilitated by the MMM Group; AND WHEREAS over the intervening months there has been a significant number of opportunities for the public to participate in the development of the Town’s vision, goals, objectives and action items; AND WHEREAS the draft document was presented and received by the Strategic Initiatives Standing Committee on September 10th, 2015 and further encouraged public review and feedback prior to final consideration;

PURPOSE The purpose of this report is provide Council with a review of the results of the Key Performance Indicators (KPIs) identified in the Community Based Strategic Plan which have been completed within the last year.

RECOMMENDATION THAT the Strategic Initiatives Standing Committee receive the 2016 Community Based Strategic Plan Report Card and hold a public meeting to receive comments on the implementation progress the week of October 16th; AND FURTHER THAT Staff be directed to report back to Council on feedback received from the public including recommendations, if any, on changes to the Key Performance Indicators and reporting process.

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THEREFORE BE IT RESOLVED THAT Council herein receive and approve the 2015 Community Based Strategic Plan, including the annual review and monitoring of the Plan as identified therein. 2. INPUT FROM OTHER SOURCES

All Town Departments have contributed to the Report Card by completing their respective sections on the attached chart. 3. APPLICABLE POLICY OR LEGISLATION

The Community Based Strategic Plan is a major policy document for the Town of Collingwood which will guide the activities of this Council and succeeding Councils for many years to come. 4. ANALYSIS

The Community Based Strategic Plan defined a vision for the Town through extensive public input. The vision is:

Collingwood is a responsible, sustainable and accessible community that leverages its core strengths: a vibrant downtown, a setting within the natural environment, and an extensive waterfront. This offers a healthy, affordable, and four-season lifestyle to all residents, businesses and visitors.

The Vision was broken down by the community into 5 key goals which include:

- Accountable Local Government; - Public Access to a Revitalized Waterfront; - Support for Economic Growth; - Healthy Lifestyle; and - Culture and the Arts.

Each of the Goals has a number of Objectives and Key Performance Indicators (KPI). The progress made to date in achieving these KPIs is found on the attached chart.

5. EFFECT ON TOWN FINANCES

The Key Performance Indicators found in the Town’s Community Based Strategic Plan will be used as a reference during the development and approval of Department budgets.

Appendix A 2016 Key Performance Indicators Report Card Resource A www.collingwood.ca/cbsp

6. APPENDICES & OTHER RESOURCES

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SIGNATURES Prepared by: Department head:

Nancy Farrer, MCIP, RPP Nancy Farrer, MCIP, RPP Director, Planning and Building Services Director, Planning and Building Services Town of Collingwood Town of Collingwood

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2016 Report Card

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KPI Goal Dep't TimeDate

completedNotes

Continue to undertake an annual comprehensive analysis of the

Town’s financial health to include the opportunity for public

review and comment.

ALGCAO

TRS

Provided at the SIC Meeting of November 30, 2015

Undertake an annual financial report card tracking the progress

of the Town towards its achievement of financial sustainability,

with particular regard for debt and reserve fund adequacy.ALG

CAO

TRS-L

Provided by BMA at SIC Meeting of November 30, 2015

Undertake a service review study to identify service level

provision consistent with value for money and tax payer

affordability.

ALGCAO

DHM

Provide for public input in the preparation of the (service

review) study and Council’s decision making based on its

conclusions.

ALG CO M

Undertake a review of the Town’s designation within the

Provincial Places to Grow Plan to identify any obstacles which

may exist to the achievement of the projected growth levels,

intensification, and in particular financial affordability.ALG

CAO

PS

TR

M

Meeting hosted in November with other Growth Node

communities to discuss common challenges and issues of

affordability.

Delegation at 2016 ROMA OGRA to request more funding for

Growth Node Communities.

A financially secure and sustainable town.• Continue with the development of the Strategic Financial Plan.

• Continuation of Council's recently approved 'pay as you go' policy with respect to future capital planning and implementation.

• Complete the Town's move to Program Based Budgeting.

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KPI Goal Dep't TimeDate

completedNotes

Monitor Capital Asset Management Plan on an annual basis.ALG TR M

Update provided at SIC Meeting of November 30, 2015

Approved 5 year Capital Budget Plan including Parks and

infrastructure.ALG

CAO

DHM

Staff Reports to include innovative funding models such as

Public-Private Partnership (P3) options when appropriate.

ALGCAO

TRS

Rail line lease to bring in $28,000 per year for unused asset.

Affordable housing strategy partnership with County of Simcoe

Continue implementing the approved Debt Management Plan

(DMP). ALGCAO

TRS

At Council meeting of December 7, 2015, Council voted to

maintain the target debt limits adopted in February 2015.

(Resolution No. 529-15)

The Debt Management Plan is monitored on a semi-annual

basis.ALG

CAO

TRM

Effective management of Town Debt and Assets.• Improve the Town’s Asset Management Plan to take into account maintenance costs and a funding model for the replacement of assets that have reached the end

of their lifecycle. Assets include road, water and wastewater infrastructure in addition to all buildings, recreational facilities, vehicles and equipment owned and

maintained by the Town.

• Avoid taking on additional debt until the recommended stabilization reserves and debt servicing limits are achieved.

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KPI Goal Dep't TimeDate

completedNotes

Implement a Community Engagement Strategy which includes

recognition of important role of volunteers and offers

opportunities to facilitate and encourage volunteerism.ALG CO S-M

Approved by Council on November 16, 2015

Provide quarterly report to Corporate Services Standing

Committee and Council on Community Engagement activities. ALG CO S

Verbal reports provided at Corporate & Community Services

Standing Committee

Continue to issue mailed newsletter (3 times annually to all

local residents) and an e-newsletter (monthly to subscribers);

posted on Town website.ALG CO S

Monthly e-newsletters issued

Past mail edition issued June 2016

Next mail edition to be issued in October 2016

Each newsletter to include update on CBSP implementation.ALG CO S

Updates in each edition

Council Highlights issued to website and media after each

regular Council meeting.ALG CO S

Council Highlights posted

Use the CBSP logo on all initiatives and activities that

implement the CBSP Vision.ALG CO S

CBSP Goal wedges now being used on all staff reports to

Council and all project documentation

Annual Town Hall Meetings to engage the community in

discussion on local matters. (Review & possible update of CBSP

KPI/action items)

ALG CO S

Draft Report Card to be presented to SIC in September 2016.

Town Hall meeting for public input to be scheduled in October

2016.

Annual summary report from all boards, committees and

companies in which the Town has an interest to include

operational performance, or such other information as may be

of public interest.

ALGCAO

CLS

Report to be presented to Council in December 2016/January

2017.

Annual reaffirmation of the Code of Conduct by Council.ALG CL S

To be reaffirmed following the adoption of revised Code ot

Conduct (October 2016)

Increased followers on the Town’s social media accounts.

ALG CO L

Twitter has gained over 550 new followers in 2016 (Total 2057

as of Aug. 31/16)

Facebook has grown from 352 likes in 2015 to 615 as of Aug

31./16

Frequent, proactive communication with the public.• Update and implement the Communication Strategy annually to ensure frequent, informative, userfriendly, and accessible communication with the public.

• Monitor operation of committee structure to further encourage public attendance and participation in the decision making process.

• Review customer service strategy to determine what enhancements might be appropriate.

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KPI Goal Dep't TimeDate

completedNotes

Annual completion of CBSP Report Card.ALG

CAO

DHS

Tracking forms created and started

The individual Department Business Plans outline resources

available to support implementation of the CBSP. ALGCAO

DHS-L

2016 Business Plans include reference to CBSP priorities

All Staff Reports include an explanation of support of the CBSP.ALG

CAO

DHS

Started at October 19, 2015 Council meeting

Confirm action items and Key Performance Indicators reflect

ongoing implementation of the Plan.ALG

CAO

DHS-L

TBD after September SIC meeting

Confirm updates (to CBSP) are undertaken within the

framework established by the goals of the Plan.ALG

CAO

DHS-L

TBD after September SIC meeting

Commitment to implement the CBSP.• Goals, Objectives and Action Items of the CBSP are implemented according to the Town’s Vision.

• CBSP is to be used as a reference during the development and approval of Department budgets.

• Reaffirm and update the CBSP each term of Council.

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KPI Goal Dep't TimeDate

completedNotes

Consultant retained to undertake the WMP.PAW

PS

PRCS

BrookMcIlroy Inc. selected at Jan 18, 2016 Council meeting

Full consultation undertaken involving all stakeholders to

explore improved public access to the waterfront.

PAW

PS

PRC

LC

S-M

3 stakeholder days with many different groups

3 public engagement sessions

3 public surveys

Public encouraged to submit any comment to consultants

At least 2 meetings were held with stakeholders and

coordinated with a Community Improvement Plan (CIP) project,

should a CIP be approved and funded.

PAW

PS

PRC

LC

M-L

Any future discussion of a CIP will include requirement to hold

stakeholder meetings to confirm integration with WMP.

Develop a comprehensive Waterfront Master Plan (WMP) that guides future development, as well as preserves natural and

cultural heritage and improves public access. (The waterfront is defined as ‘border to border’ within Collingwood.)• The WMP to include elements such as attraction of tourism, shoreline management protection, preservation of natural areas, future development, public access

and water and land uses. Note - implementation of the WMP will occur over time based on the Strategic Financial Plan policies.

• Explore opportunities to connect the waterfront and the downtown.

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KPI Goal Dep't TimeDate

completedNotes

Continued participation with the County of Simcoe on their

committee to implement the 10 Year Affordable Housing and

Homelessness Prevention Strategy.

SEG PS S-L

Staff report P2016-14 approved to waive applicable Planning,

Engineering, and development fees - April 11, 2016

Staff Report outlining potential zoning tools available to address

various housing types.SEG PS M

Continue to participate in the Simcoe County Transit and

Feasibility StudySEG PS S-L

Continued participation

Continue to implement the Town’s Economic Development Strategy and undertake a public review of the results achieved

within each term of Council. • Review opportunities through the planning and development process to facilitate the construction of housing types that are reasonably priced and provide a range

of tenure options.

• Explore opportunities to improve local access to transit.

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KPI Goal Dep't TimeDate

completedNotes

Staff Report outlining feasibility of undertaking and funding a

CIP. SEG

PS

LC

ED

M

Approved CIP.SEG

ED

PSM-L

Ongoing monitoring of the commercial hierarchy policies

established in the Official Plan.SEG PS M-L

Summary of financial incentive opportunities available to assist

local businesses, should the CIP be approved and funded. SEG

PS

LC

ED

M-L

At least 2 meetings held with Georgian College and other

potential partner representatives to discuss community

partnerships for career fairs.

SEGLC

EDS

Hosted open house with Georgian College on Nov 7 & April 9

Hosted career day with regional high schools on April 5

Attended Winter & Summer County Engagement Committee

Sponsored Georgian College scholarship fundraising golf

tournament

Attended Winter & Summer Community Engagement

Committee

Co-hosting Inspiring Innovation in your Organization event on

November 14

Held first quarterly Entrepreneurship Ecosystem meeting in

August

Support small businesses, entrepreneurship and career advancement initiatives.• Community Improvement Plan (CIP) or similar program, to support local business owners and to fund downtown improvements, facilities along the waterfront and

other areas of the Town as deemed appropriate.

• Undertake a review of strategic opportunities which may support the achievement of a more diversified and enhanced downtown.

• Continue to support the prominence of the downtown core in the Town’s planning documents

• Encourage discussion between Georgian College, other potential educational and business partners, and youth groups to increase awareness of career

opportunities and facilitate mentorships or workforce apprenticeships.

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KPI Goal Dep't TimeDate

completedNotes

Updated Recreation Master Plan, including an assessment of

existing and future park land needs.HL PRC M

Active Transportation Plan approved and monitored annually.

HLPRC

PWS

Staff report was presented at Jan 25 D&O Committee providing

an update on the Active Transportation Plan.

Active Transportation Open House was held Feb 25

Maintain and improve indoor and outdoor recreational facilities including trail networks, arenas, pools and parks.• Update the Recreation Master Plan.

• Review and monitor the implementation of the Active Transportation Plan.

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KPI Goal Dep't TimeDate

completedNotes

Facilitate at least 2 meetings between community groups.

HL LC M

In support of action item, County of Simcoe hosted CPR

training in Collingwood Nov 14, 2015. We have shared and

promoted this information.

Facilitate at least 2 meetings with local organizations to explore

options to provide access to locally grown food and education

regarding healthy eating. HLLC

EDM-L

Simcoe Street Farm to Table Street Feast engaging community

local and accessible food organizations (July 1)

Continued promotion of the Healthy Kids Community

Challenge.HL LC S-M

Several HKCC events and initiatives have been held and

programs continue to be launched

Facilitate at least 2 meetings with local organizations to explore

methods for improved awareness of social service issues and

potential solutions.

HL LC M

Promote a balanced and healthy lifestyle.• Explore opportunities to partner with health and wellness organizations and groups to investigate ways to promote a healthy lifestyle.

• Explore opportunities to promote awareness of social services and the needs of the vulnerable.

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KPI Goal Dep't TimeDate

completedNotes

Participate fully in all opportunities to support the

implementation of this action item including the CGMH

expansion.

HLCAO

LCS

Delegation at 2016 ROMA/OGRA Conference

Significant financial contribution announced on March 23, 2016

Make appropriate enquiries by year’s end.HL

CAO

LCS

Ongoing discussions with Hospital

Advocate for at least 2 meetings to be held between local

health care and wellness practitioners and community groups

to coordinate awareness campaigns about health care services

in the community.

HLLC

EDS-L

Research and Innovation Day at CG&MH on June 15 being

supported as economic sector growth area.

Public support for improved access to health care within Collingwood.• Council recognition of the need for highly accessible health care services to meet the needs of the Town’s citizens.

• Explore the feasibility of undertaking a gap analysis of health care services in the Town.

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KPI Goal Dep't TimeDate

completedNotes

Prepare an NHS Amendment to the Official Plan.

HL PS M-L

A proposed amendment to the Environmental Protection

section of the Town's Official Plan was presented to Council on

May 30, 2016. (P2016-19-C)

Requirement for at least 30% tree canopy on development

sites. HL PS S-LSection 10G of the approved Urban Design Manual.

Preservation of the Natural Environment.• Update the Natural Heritage System policies of the Official Plan.

• Continue to request the dedication of environmentally sensitive lands as part of the development approval process.

• Review and update tree canopy policies.

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KPI Goal Dep't TimeDate

completedNotes

Annual reporting on special events.CA PRC S-L

To be booked

Annual reporting on the community engagement work of

Culture and Events Division.

CAPRC

COL

Sent as part of LGW initiative to local schools.

Arts & Culture Engagement Report presented Feb 22, 2016

Develop a campaign to promote and educate the public on the

heritage and history of Collingwood.

CA

PRC

LIB

PS

ED

L

Sent as part of LGW initiative to local schools.

Incorporating Heritage and Architecture profiles in Discovery

Walks tourism promotional campaign. Launched Look Up

Collingwood Discovery Walk together with Heritage Committee

in August

Continued recognition of Collingwood’s unique heritage.• Ongoing promotion of the Town’s history and heritage assets.

Support and expand the diversity of community events and festivals. • Continue to support community and special events which benefit all the Town citizens and the community’s profile.

Promote arts and cultural programs.• Explore opportunities to promote education within the arts such as through consultation with the Simcoe County District School Board to add to existing programs

in the arts.

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STAFF REPORT

Report #T2016-11 9/21/2016

Submitted to: Mayor and Council

Submitted by: Michael Switzer, Manager of Finance

Subject: Ontario Infrastructure and Lands Corporation (OILC) Application and Financing Agreement

1. BACKGROUND

OILC loans are available as a provincial initiative to assist municipalities in securing long-term financing at a preferred cost based on provincial borrowing rates. The OILC loans are an attractive option to municipalities as they offer lower borrowing rates and ease of process. Our Debt Management Policy has named OILC as the primary lender for debenture requirements. 2. INPUT FROM OTHER SOURCES

N/A

PURPOSE • The purpose of this report is to authorize the submission of an application to OILC

in the amount of $1,199,000 for financing certain capital works. RECOMMENDATION: THAT By-Law 2016-XXX be passed to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation (OILC) in the amount of $1,199,000 for financing of the construction of sanitary sewer and water services for properties abutting Raglan Street and Hume Street as noted in Schedule “A” of the by-law; and THAT Council authorizes the Mayor and Treasurer to enter into a financing agreement on behalf of the municipality.

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3. APPLICABLE POLICY OR LEGISLATION

Under Provincial legislation this is a reporting requirement. 4. ANALYSIS

The project being submitted for debenture is the sanitary sewer and water services for properties abutting Raglan Street and Hume Street. The project was eligible for 30% funding through development charges and 26% through expense recoveries. 5. EFFECT ON TOWN FINANCES

The current debenture rate (effective September 2, 2016) for a 10 year serial debenture is 2.05% and requires an annual principal payment of $119,900. The actual payment requirements will be dependent on the interest rate that is in place when we negotiate the rate. We have included a provision of $67,286 representing one semi-annual payment of principal and interest in the 2016 budget. When the required amount is actually determined, we will inform Council on any excess or deficient budgeted funds at that time.

Appendix A Authorizing By-Law 2016-XXX

SIGNATURES

Prepared by: Department head: Michael Switzer Marjory Leonard Manager of Finance Treasurer Town of Collingwood Town of Collingwood

6. APPENDICES & OTHER RESOURCES

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BY-LAW No. 2016-XXX OF THE

CORPORATION OF THE TOWN OF COLLINGWOOD

A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO THE ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (“OILC”) FOR

FINANCING CERTAIN ONGOING CAPITAL WORKS OF THE CORPORATION OF THE TOWN OF COLLINGWOOD (THE “MUNICIPALITY”); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH WORKS; AND TO AUTHORIZE LONG TERM

BORROWING FOR SUCH WORKS THROUGH THE ISSUE OF DEBENTURES TO OILC

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

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

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

AND WHEREAS subsection 405 (1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work;

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

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

AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred on or after January 1, 2004 in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application on the form provided by OILC;

AND WHEREAS the Municipality has completed and submitted an application to OILC (the “Application”) to request financing for the Capital Work(s) by way of long term borrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures;

AND WHEREAS OILC has accepted and has approved the Application;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS:

1. The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the financing of the Capital Work(s) in the maximum aggregate principal amount of $1,199,000.00 substantially in the form of Schedule “B” hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter, approve such execution and delivery to be conclusive evidence of such approval.

2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing agreement (a “Financing Agreement”) with OILC that provides for temporary and long term borrowing from OILC in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval.

3. The Mayor and the Treasurer are hereby authorized, pending the substantial completion the Capital Work or each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree, and to sign such evidence of indebtedness as OILC may require (the “Note”) and to deliver the Note to OILC, such execution and delivery to be conclusive evidence

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of such agreement; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work.

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

5. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, as security for the payment by the Municipality of the indebtedness of the Municipality to OILC under the Note and/or the Debentures, as the case may be (the “Obligations”), the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay OILC on account of the Obligations and to pay such amounts to OILC from the Consolidated Revenue Fund.

6. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under the Note and/or any outstanding Debenture, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality.

7. (a) The Mayor and the Treasurer are hereby authorized to execute and deliver the Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement and to issue the Debentures, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of the Municipality under the Financing Agreement, to execute and deliver the Note and to issue the Debentures, and the Treasurer is authorized to affix the Municipality’s municipal seal to any such documents and papers.

(b) The money realized in respect of the Note and the Debentures, including any premium, and any earnings derived from the investment of the money,

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after providing for the expenses related to the execution and delivery of the Note and to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act.

8. This By-law takes effect on the day of passing.

ENACTED AND PASSED this 26th day of September, 2016.

______________________________________ ______________________________________ Sandra Cooper Sara Almas MAYOR CLERK

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Schedule “A” to By-Law Number XXXXX (Ongoing Capital Work(s))

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

By-Law Number Description of Capital Work Estimated Expenditure

Loan Amount

2011-94 Authorize the construction of sanitary sewer and water services for properties abutting Raglan Street and Hume Street

$2,715,092 $1,199,000

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Schedule “B”

to By-Law Number 2016-XXX

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STAFF REPORT C2016-11

Date: September 21, 2016 / September 26, 2016

Submitted to: Strategic Initiatives Standing Committee / Mayor and Council

Prepared by: Sara Almas, Clerk

Subject: Enactment of an Indemnification By-law

1. BACKGROUND

Our insurance broker, in consultation with Staff, is currently undertaking a review of our Municipal insurance program and insurance provider pursuant to Council’s direction. During our review it has come to our attention that our municipality has not implemented an indemnification by-law to address gaps in insurance coverage. Section 279 of the Municipal Act, 2001 states that a municipality may act as an insurer with respect to the protection of its employees or members of council from risks of pecuniary loss or liability caused by their responsibilities with the municipality. The Act includes the payment of any damages or costs, including those required by legal settlements or legal defence. This section of the Act applies not only to employees and former employees, but also to members and former members of Council and municipal boards. An indemnification by-law provides the protection described in the Municipal Act, by indemnifying individuals for actions taken while they are employed by the Town or acting under the authority of their office. The by-law would apply only to those actions

PURPOSE • The purpose of this report is to provide the background, intent and importance of a

municipal indemnification by-law for Council’s consideration.

RECOMMENDATION: THAT Council herein enact and pass By-law 2016-XX being a by-law to provide indemnification for members of Council, Boards and employee’s with respect to certain actions or proceedings arising from their duties.

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which are made honestly and in good faith, while the individual was acting in the best interest of the Town. 2. INPUT FROM OTHER SOURCES

Input and recommendation on the form and content of the indemnification by-law was provided through our municipal solicitors. Indemnification provisions are similar to those also in place through various Boards. 3. APPLICABLE POLICY OR LEGISLATION

• Municipal Act, 2001, S.O. 2001, c. 25

4. ANALYSIS

The Town’s insurance policies provide comprehensive coverage for a variety of claims. However, gaps in coverage exist in regard to certain claims such as the payments of fines and penalties. The by-law would close these gaps by protecting employees and members of Council and Boards from the payment of any damages or costs arising out of acts or omissions in their capacity with the Town. An Indemnification By-law would ensure consistency in the determination of when indemnification is appropriate. The by-law would unify indemnification procedures for members of Council, Board’s and staff since the issues faced by both are similar in nature. The protection provided by the Indemnification by-law will allow municipal officers to act without the threat of fines or penalties due to their actions representing the best interests of Town. This security allows municipal officers to execute their responsibilities more effectively. 5. EFFECT ON TOWN FINANCES The financial impact cannot be determined, as future claims cannot be foreseen or predicted.

Appendix A By-law 2016-XX – Draft Indemnification By-law

SIGNATURES Department Head: Assistance provided by:

Sara Almas, Clerk Andrew Walkom, Coordinator of Clerk Services

Town of Collingwood Town of Collingwood

6. APPENDICES & OTHER RESOURCES

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