PRESCOTT TOWN COUNCIL AGENDA · The removal of the traffic lights at King St. and Centre St. and...

PRESCOTT TOWN COUNCILAGENDA

April 24, 2017

6:00 pmCouncil Chambers360 Dibble St. W.Prescott, Ontario

Pages

1. Call to Order

2. Approval of Agenda

Suggested Motion"THAT the agenda for the Council Meeting of April 24, 2017, be approved aspresented."

3. Declarations of Interest

4. Presentations

4.1 2017 Citizen and Volunteer of the Year Awards

5. Delegations

6. Minutes of the previous Council meetings

6.1 Regular Council Minutes - March 27, 2017 1

Suggested Motion"THAT the Council minutes of March 27, 2017, be accepted aspresented."

6.2 Special Council Minutes - April 18, 2017 12

Suggested Motion"THAT the Special Council minutes of April 18, 2017, be accepted aspresented."

7. Communications & Petitions

7.1 Action Items

7.2 Information Items (under separate cover)

Suggested Motion"THAT the information items under separate cover be received and filed."

8. Committee Reports

8.1 Committee of the Whole Report 07-2017 - April 3, 2017

a. Committee of the Whole minutes dated April 3, 2017 15

Suggested Motion"THAT the Committee of the Whole minutes dated April 3, 2017,be accepted as presented."

b. Utility Vehicle Purchase

Suggested Motion"THAT Council approve the purchase or lease of a utility vehicle(SUV) for the Prescott Fire Department, as budgeted for in the2017 Budget."

8.2 Committee of the Whole Report 08-2017 - April 18, 2017

a. Committee of the Whole minutes dated April 18, 2017 20

Suggested Motion"THAT the Committee of the Whole minutes dated April 18,2017, be accepted as presented."

b. Financial and Human Resource Policy Review - Working Group

Suggested Motion"THAT Council establish a Working Group, consisting of MayorTodd and Councillors Jansman and Ostrander, to work withstaff to create a new set of financial and human resourcepolicies for the Town of Prescott and subsequently recommendthem to Council for consideration, review, and adoption."

c. Funding Request - Canadian Scout Jamboree

Suggested Motion"THAT Council approve a donation in the amount of $1,000.00to the 7th Prescott Scouts for the Canadian Scout Jamboree2017."

9. Mayor

10. Outside Boards, Committees and Commissions

11. Staff

11.1 Staff Report 21-2017 - Prescott Police Services Board TrafficRecommendations

25

Suggested Motion"THAT Council approve:

The addition of 6 pedestrian lights at King St. and Edward St;1.

The removal of the traffic lights at King St. and Centre St. andinstall crossing signs and add more visible line painting;

2.

The removal of the traffic lights at King St. and George St. andinstall crossing signs and add more visible line painting;

3.

The addition of a system similar to the crossing at the high schoolat King St. and St. Lawrence St (a push button activated crossing)and improve the signage and line painting at this location;

4.

The addition of line painting, more signage, and a timed pushbutton crossing at Edward St. and Irving; and

5.

The addition of line painting at Edward St. and Churchill St."6.

11.2 Staff Report 22-2017 - Integrity Commissioner 28

Suggested Motion"THAT Council appoint Mr. Andrew Tremayne as the IntegrityCommissioner for the balance of the term of Council."

11.3 Staff Report 23-2017 - Junior C Hockey Team 32

Suggested Motion"THAT Council direct staff to enter into a relationship with Dennis VanLuit to support, promote, and sponsor a local Junior C hockey team inPrescott."

12. Resolutions

12.1 Councillor Laschinger - Bill 68 - Modernizing Ontario's MunicipalLegislation Act

Suggested Motion"WHEREAS on November 16, 2016, Bill 68 – Modernizing Ontario’sMunicipal Legislation Act, 2016 (An Act to amend various Acts inrelation to municipalities), was introduced in the Provincial Legislature;and

WHEREAS the Association of Municipalities of Ontario (AMO) hasvoiced its concerns regarding the proposed changes surroundingmandatory codes of conduct for members of local boards and thegreatly expanded municipal integrity commissioner regime; and

WHEREAS the Council of the Town of Prescott shares the concerns ofAMO and agrees that mandatory codes of conduct for local boards andthe expansion of the integrity commissioner regime will dampen theinterest of citizens willing to join local boards.

THERFORE BE IT RESOLVED that the Council of the Town of Prescottdoes not support the proposed changes in Bill 68 surroundingmandatory codes of conduct and the expanded integrity commissionerregime for local boards; and

That this position be communicated to all local municipalities in Leedsand Grenville asking for support; and

That this position be communicated to the Minister of Municipal Affairsand to the Association of Municipalities of Ontario (AMO)."

13. By-laws

13.1 Purchasing By-law 36

Suggested Motion"THAT By-law 17-2017, being a by-law to provide the purchasingpolicies, practices, and procedures of goods and services by the Townof Prescott known as the "Purchasing By-law", be read a first andsecond time."

Suggested Motion

"THAT By-law 17-2017, being a by-law to provide the purchasingpolicies, practices, and procedures of good and services by the Town ofPrescott known as the "Purchasing By-law, be read a third time, passedand signed by the Mayor and Clerk."

13.2 Alternative Voting 53

Suggested Motion"THAT By-law 18-2017, being a by-law to authorize an alternative votingmethod for the 2018 Municipal Election, be read a first and secondtime."

Suggested Motion

"THAT By-law 18-2017, being a by-law to authorize an alternative votingmethod for the 2018 Municipal Election, be read a third time, passedand signed by the Mayor and Clerk."

14. New Business

15. Notices of Motion

16. Mayor’s Proclamation

17. Period for Media Questions

18. Closed Session

19. Rise and Report

20. Confirming By-Law – 20-2017 55

Suggested Motion“THAT By-law 20-2017, being a by-law to confirm the proceedings of theCouncil meeting held on April 24, 2017, be read a first and second time.”

Suggested Motion

“THAT By-law 20-2017, being a by-law to confirm the proceedings of theCouncil meeting held on April 24, 2017, be read a third time, passed and signedby the Mayor and Clerk.”

21. Adjournment

1

PRESCOTT TOWN COUNCIL

MINUTES

Monday, March 27, 2017

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

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

Fraser Laschinger, Lee McConnell, Mike Ostrander, and Ray

Young.

Staff Pierre Mercier, CAO, Matthew Armstrong, Treasurer, Dan

Beattie Director of Public Works & Infrastructure, Kimberley

Casselman, Director of Administration/Clerk, Kaitlin Mallory,

Executive Assistant Operations, Parks, Recreation & Tourism,

and Lindsey Veltkamp, Executive Assistant, Corporate Services

1. Call to Order

Mayor Todd called the meeting to order at 6:31 p.m.


Motion 164-2017: Ostrander, Young

That the agenda for the Council Meeting of March 27, 2017, be approved as

presented.

Carried

Page 1 of 56

2

3. Declarations of Interest - None

4. Presentations

4.1 Prescott Fire Department Long Service Recognition Presentation

Mayor Todd spoke to the importance of the Fire Department and its dedicated

volunteers.

Robert Gilmour, Prescott Fire Department Deputy Chief, spoke to the four

members being recognized for Long Service. Deputy Chief Gilmour introduced

and congratulated Fire Chief Barry Moorhouse (20 years), George Prosser (30

years), Maurice Raas (35 years) and Chief Fire Prevention Officer Brent Norton

(35 years).

Barry Moorhouse, Fire Chief, was presented with an Exemplary Fire Service

Medal. George Prosser was presented with a 30 Year Fire Service Bar.

Maurice Raas and Brent Norton were each presented with a 35 Year Fire Service

Bar and certificates from MP Gord Brown and MPP Steve Clark. Mayor Todd

presented the members with Town certificates and pins.

5. Delegations - None

6. Minutes of the previous Council meetings

6.1 Regular Council Minutes - February 21, 2017

Motion 165-2017: Laschinger, Jansman

That the Council minutes of February 21, 2017, be accepted as presented.

Carried

6.2 Special Council Minutes - February 27, 2017

Motion 166-2017: Burton, Young

That the Special Council minutes of February 27, 2017, be accepted as

presented.

Carried

Page 2 of 56

3

6.3 Special Council Minutes - March 6, 2017

Motion 167-2017: McConnell, Ostrander

That the Special Council minutes of March 6, 2017, be accepted as

presented.

Carried

6.4 Special Council Minutes - March 13, 2017

Motion 168-2017: Young, Ostrander

That the Special Council minutes of March 13, 2017, be accepted as

presented.

Carried

7. Communications & Petitions

7.1 Action Items – None

7.2 Information Items (under separate cover)

Motion 169-2017: Jansman, Burton

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

Carried

1. Ontario Clean Water Agency – Prescott Water Pollution Control Centre 2016

Annual Report

2. 2016 Annual and Summary Reports for the Town of Prescott’s Drinking Water

System

3. Town of Prescott Emergency Management Committee minutes – February 9,

2017

4. Municipal Property Assessment Corporation letter re: 2017 Municipal

Stakeholder Research

5. United Counties of Leeds and Grenville press release re: 2017 Budget

6. United Counties of Leeds and Grenville press release – March 1, 2017

7. Royal Canadian Legion Brach 97 letter re: Easter Fun Day

8. Prescott Fire Department letter re: Light up the Night Parade

9. Prescott Scouts letter re: The Canadian Scout Jamboree 2017

10. Ministry of Education letter re: Pupil Accommodation Reviews

11. Ministry of Senior Affairs letter re: 2017 Senior of the Year Award

12. AMO email re: 2017 AMO Annual Conference

13. Northeastern Manitoulin & The Islands resolution re: Ontario Hydro Delivery Fees

14. The Regional Municipality of Peel resolution re: Regional Fluoridation

15. Municipality of Thames Centre resolution re: Automated External Defibrillators

Page 3 of 56

4

16. Township of Zorra resolution re: Automated external Defibrillators

17. Middlesex Centre resolutions re: Automated External Defibrillators

18. Township of East Zorra-Tavistock resolution re: Automated External Defibrillators

19. Town of Ingersoll resolution re: Automated External Defibrillators

20. United Townships of Head, Clara & Maria resolution re: Proposed Ontario

Building Code Changes B-08-09-03

21. Tay Valley Township resolution re: Proposed Ontario Building Code Changes B-

08-09-03

22. Township of McNab/Braeside resolution re: Proposed Ontario Building Code

Changes B-08-09-03

23. Township of Kilahoe-Hagarty-Richards resolution re: Proposed Ontario Building

Code Changes B-08-09-03

24. Township of Pickle Lake resolution re: Proposed Ontario Building Code Changes

B-08-09-03

25. Municipality of Calvin resolution re: Proposed Ontario Building Code Changes B-

08-09-03

Councillor Burton spoke to Item #7 and # 19. Staff was directed to bring back a

resolution regarding Automated External Defibrillators.

Councillor McConnell spoke to Item #9. Discussion was held regarding

contacting Mr. Wayne Reid from the 7th Prescott Scouts for more information

regarding their funding request.

Councillor Laschinger spoke to Item #1, # 2, and # 3. Staff was directed to

research the MTO regulations of the transportation of hazardous goods during

inclement weather.

8. Committee Reports

8.1 Committee of the Whole Report 05-2017 - March 6, 2017

a. Committee of the Whole minutes dated March 6, 2017

Motion 170-2017: Laschinger, Jansman

That the Committee of the Whole minutes dated March 6, 2017, be

accepted as presented.

Carried

Page 4 of 56

5

b. Arena Upgrades and Future Options


That the municipality continue to maintain the ice plant and proceed

with the immediate implementation of safety and security measures

which would include:

• Installation of ammonia sensors in the ice plant room and in the

arena’s public spaces;

• Development of an emergency management protocol for

building evacuation and shelter in place provisions including a

roof top warning siren and communication plan;

• Implementation of a management system which will include a

24/7 monitoring process including on-site inspection and

recoding of ammonia system data every two hours;

• Training and certification of arena staff for the operation of the

ice plant (underway)

• Purchase of required safety equipment;

• Training of firefighters to respond to any emergency at the

Community Centre; and

That staff be directed to initiate a project planning process which

will consider 2 options:

Option 1

1. Undertake a cost benefit analysis to identify the preferred

alternative for the replacement of the ice plant.

2. Undertake a building condition assessment to identify

deficiencies and the ability to undertake renovations and

improvements.

3. Develop and cost out building improvement plans.

Option 2

Initiate a pre-planning process aimed at identifying the operational

and financial feasibility of developing a new recreational facility.

Carried

Discussion was held regarding potential Federal funding.

Page 5 of 56

6

8.2 Committee of the Whole Report 06-2017 – March 20, 2017

a. Committee of the Whole minutes dated March 20, 2017


That the Committee of the Whole minutes dated March 20, 2017,

be accepted as presented.

Carried

b. Fire Hall Design

Motion 173-2017: Ostrander, McConnell

That staff be directed to proceed with Option 1 of the exterior

design of the fire hall with the Orangeville brick and a mixture of

stone.

Carried

Discussion was held regarding the maintenance-free exterior, fencing,

landscaping, and next steps.

Dan Beattie, Director of Public Works & Infrastructure, stated that he would have

more information regarding landscaping in the near future.

c. Community and Special Events & Tourism Grant Application

Program

Motion 174-2017: Jansman, Laschinger

That the Community Grants for 2017 be allocated in accordance

with the approved 2016 Community Grants totaling $36,600; and

That the 2017 Special Events and Tourism grants be allocated in

accordance with the approved 2016 Special Events and Tourism

Grants as adjusted by the elimination of funding for the Prescott

Heritage Committee and the Friends of the Windmill totaling

$18,000.

Carried

Page 6 of 56

7

9. Mayor

Mayor Todd spoke to the 45th Annual Midget Showcase at the Leo Boivin

Community Centre held on March 24, 25, and 26. He congratulated the Prescott

KidZ Choir for their performance of Joseph and the Amazing Technicolor

Dreamcoat on March 27. Mayor Todd spoke to the recent school closures and

requested that the topic be discussed further at a future Committee of the Whole

meeting.

10. Outside Boards, Committees and Commissions

Councillor Burton spoke to the upcoming Business Showcase Expo being held

on June 9 and 10. She stated that the Prescott Youth Centre would be hosting

their annual ball hockey tournament on April 29 and that the Fort Town Night Run

was looking for volunteers.

Councillor Laschinger spoke to his attendance at the recent Loyalist Days

Working Group meeting on March 2, Doors Open meeting on March 13, Prescott

Heritage Committee meeting on March 23, and an upcoming meeting for the

Prescott Cemetery Board of Management on the March 29.

Councillor McConnell spoke to his attendance at the Prescott Library Board

meeting held on March 21.

Councillor Ostrander spoke to his attendance at the Chamber of Commerce

meeting held on March 18, and the upcoming Food for All annual fundraiser

dinner being held on April 29.

Councillor Young spoke to his attendance at the Annual Midget Showcase at the

Leo Boivin Community Centre held on March 24, 25, and 26.

11. Staff

11.1 Staff Report 10-2017 - Statement of Remuneration and Expenses

Motion 175-2017: Jansman, Burton

That Council receive this report for information as the annual disclosure of

2016 remuneration and expenses paid to members of Council, as per

Section 284 of the Municipal Act.

Carried

Page 7 of 56

8

Matthew Armstrong, Treasurer, spoke to the report. He stated that the report

publically states the expenses of Council.

Discussion was held regarding a Council expense policy and the creation of a

working group for financial and human resource policies.

11.2 Staff Report 11-2017 - Wiser Hall Site Plan


That the Site Plan for the Wiser Hall development be approved and the

CAO be directed to prepare and sign a site plan control agreement, which

agreement shall be registered on title.

Motion 177-2017: Laschinger, Ostrander

That the main motion be amended by approving the site plan and directing

the CAO to prepare the site plan control agreement and bring it back to

Council prior to it being registered on title.

Carried


That the Site Plan for the Wiser Hall development be approved and the

CAO be directed to prepare the site plan control agreement and bring it

back to Council prior to it being registered on title.

Carried

Pierre Mercier, CAO, spoke to the report.

Discussion was held regarding the process and the renovations of the existing

structure.

12. Resolutions – None

Page 8 of 56

9

13. By-laws

13.1 Ontario Community Infrastructure Fund - Amending Agreement - St.

Lawrence Street


That By-law 15-2017, being a by-law to authorize an amending agreement

between Her Majesty The Queen in Right of Ontario and the Corporation

of the Town of Prescott regarding the Ontario Community Infrastructure

Fund (Application Component - Intake 2), be read a first and second time."

Carried


That By-law 15-2017, being a by-law to authorize an amending agreement

between Her Majesty The Queen in Right of Ontario and the Corporation

of the Town of Prescott regarding the Ontario Community Infrastructure

Fund (Application Component - Intake 2), be read a third time, passed and

signed by the Mayor and Clerk.

Carried

Councillor McConnell spoke to the By-law. He stated that it reflected the further

work on St. Lawrence Street.

14. New Business

Councillor Young informed Council that the sale of Crane House had been

completed.

15. Notices of Motion

Councillor Laschinger introduced a notice of motion regarding Bill 68 –

Modernizing Ontario’s Municipal Legislation Act, 2016.

16. Mayor’s Proclamation - None

17. Period for Media Questions - None

Page 9 of 56

10

18. Closed Session – None

19. Rise and Report - None

20. Confirming By-Law – 16-2017


That By-Law 16-2017, being a by-law to confirm the proceedings of the Council

meeting held on March 27, 2017, be read a first and second time.

Carried


That By-Law 16-2017, being a by-law to confirm the proceedings of the Council

meeting held on March 27, be read a third time, passed and signed by the Mayor

and Clerk.

Carried

21. Adjournment


That the meeting adjourn to Monday, April 24, 2017 at 6:30 p.m.

(Time: 8:09 p.m.)

Carried

Page 10 of 56

11

________________________________ ________________________________

Mayor Clerk

Page 11 of 56

1

PRESCOTT TOWN COUNCIL

MINUTES

Tuesday, April 18, 2017

6:00 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Councillors Leanne Burton, Teresa Jansman, Fraser Laschinger,

Lee McConnell, Mike Ostrander, and Ray Young


Beattie, Director of Public Works & Infrastructure, Kimberley

Casselman, Director of Administration/Clerk, Lindsey Veltkamp,

Executive Assistant, Corporate Services

1. Call to Order

Deputy Mayor Fraser Laschinger called the meeting to order at 6:02 p.m.



That the agenda for the Special Council Meeting of April 18, 2017, be approved

as presented.

Carried

Page 12 of 56

2

3. Declarations of Interest – None

4. Staff

4.1 Planning Advisory Committee Report 04-2017 – Draft Site Plan

Control Agreement – Prescott Centre Drive – McDonald’s


That Council approves the proposed site plan subject to the conditions

listed in PAC Report 04-2017.

Carried

Councillor Ostrander introduced the report. He stated that the Planning Advisory

Committee had met the previous week to review the proposed site plan. Mr. Pierre

Mercier, CAO, provided an overview of the report. He stated that McDonald’s was

seeking to expand their existing building with a 700 square foot addition to the

restaurant and also create a double drive-thru. He added that the new site plan met all

the provisions and was straightforward. Discussion was held regarding the three

conditions, the original site plan, and the timing of the project.

6. Period for Media Questions - None

7. Confirming By-Law – 19-2017


That By-Law 19-2017, being a by-law to confirm the proceedings of the

Special Council meeting held on April 18, 2017, be read a first and second time.

Carried


That By-Law 19-2017, being a by-law to confirm the proceedings of the

Special Council meeting held on April 18, 2017, be read a third time, passed and

signed by the Mayor and Clerk.

Carried

Page 13 of 56

3

8. Adjournment


That the meeting be adjourned to April 24, 2017, at 6:30 p.m. (Time: 6:16 p.m.)

Carried

________________________________ ________________________________

Mayor Clerk

Page 14 of 56

COMMITTEE OF THE WHOLE

MINUTES

Monday, April 3, 2017

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Mayor Brett Todd, Councillors Teresa Jansman, Fraser

Laschinger, Lee McConnell, Mike Ostrander, and Ray Young



Casselman, Director of Administration/Clerk, Katie Allard,

Tourism & Recreation Coordinator, and Lindsey Veltkamp,

Corporate Services Executive Assistant

1. CALL TO ORDER

The meeting was called to order by Mayor Todd at 6:36 p.m.

2. APPROVAL OF AGENDA

Motion: Jansman, Young

That the agenda be adopted as presented.

Carried

Page 15 of 56

3. DECLARATIONS OF INTEREST

Councillor Young declared a pecuniary interest on Item 7.1 Staff Report 13-2017 –

Vacancy Rebate Program.

4. PRESENTATIONS

4.1 Dr. Paula Stewart, Medical Officer of Health - Healthy Community

Report

Dr. Paula Stewart, Medical Officer of Health, provided an overview of the Healthy

Community Report. She presented a plaque to Mayor Todd regarding the Town’s

endorsement of the Healthy Community Vision of Lanark, Leeds and Grenville.

Discussion was held regarding the Lanark, Leeds & Grenville Health Unit and the

Town’s efforts in maintaining a healthy community.

5. DELEGATIONS - None

6. COMMUNITY AND PROTECTIVE SERVICES

6.1 Staff Report 12-2017 - Utility Vehicle Purchase

Motion: Young, Jansman

That Committee of the Whole recommend that Council approve the

purchase of a utility vehicle (SUV) for the Prescott Fire Department, as

budgeted for in the 2017 Budget.

The following amendment to the main motion was put forward:


That the main motion be amended by adding the word lease.

Carried


That Committee of the Whole recommend that Council approve the

purchase or lease of a utility vehicle (SUV) for the Prescott Fire

Department, as budgeted for in the 2017 Budget.

Carried

Page 16 of 56

Matthew Armstrong, Treasurer, provided an overview of the report. Discussion was

held regarding the budget, use of the vehicle, the benefits the vehicle would provide,

and the storage of the vehicle.

7. FINANCE & CORPORATE SERVICES

7.1 Staff Report 13-2017 - Vacancy Rebate Program

Motion: Ostrander, Laschinger

That Committee of the Whole recommend that Council approve that

vacancy rebates not be adjusted at this time and that staff be directed to

monitor vacancy rebate requests, as well as the current state of vacant

commercial and industrial lands within the Town of Prescott.

Withdrawn

Motion: Todd, Laschinger

That staff be directed to initiate the process to move towards a Town of

Prescott potential vacancy rebate policy in time for the July 1st Ministry

deadline.

Carried

Councillor Young vacated his seat and did not take part in the discussion or vote on the

item.

Matthew Armstrong, Treasurer, provided an overview of the report. Discussion was

held regarding empty stores, property standards, initiating conversations with Port Hope

regarding their policy, and the need for discussion with the Ministry.

7.2 Staff Report 14-2017 - Purchasing By-Law

Motion: McConnell, Laschinger

That Committee of the Whole forward By-law 17-2017, being a by-law to

provide the purchasing policies, practices, and procedures of goods and

services by the Town of Prescott known as the “Purchasing By-Law”, to

Council for consideration and approval.

The following amendment to the main motion was put forward:

Motion: Young, McConnell

Page 17 of 56

That the main motion be amended by having the Purchasing By-law come

back to the Committee of the Whole meeting of April 18th for further

consideration.

Carried

Motion: McConnell, Laschinger

That the Committee of the Whole forward By-law 17-2017, being a by-law

to provide the purchasing policies, practices, and procedures of goods and

services by the Town of Prescott known as the “Purchasing By-Law”, to

the next Committee of the Whole meeting on April 18 for further

consideration.

Carried

Matthew Armstrong, Treasurer, provided an overview of the report and draft by-law.

Discussion was held regarding the by-law pertaining to committees and boards, the

preferred vendors list, the importance of local businesses, and the changes Council

requested to be made to the by-law.

8. TOURISM & HERITAGE – None

9. TRANSPORTATION & ENVIRONMENTAL SERVICES

Councillor McConnell spoke to the sidewalk cleaning that would begin shortly due to the

nice weather.

10. PLANNING

Councillor Ostrander asked when the revised Official Plan would be presented to

Council. Pierre Mercier, CAO, stated that the draft Official Plan would be provided to

Council at the Committee of the Whole meeting on April 18.

11. ECONOMIC DEVELOPMENT – None

Page 18 of 56

12. NEW BUSINESS

12.1 Action Item List

Councillor McConnell spoke to the Wellington Elementary School Update. Discussion

was held regarding starting a dialogue with the Upper Canada District School Board

regarding the proposed expansion of Wellington Elementary School, and a letter

received from Board Trustee Swan regarding this issue.

Councillor Laschinger requested that the Jean Casselman Wadds Memorial and

Centennial Park improvements be added to the Action Item List.

13. PERIOD FOR MEDIA QUESTIONS – None

14. CLOSED SESSION – None

15. RISE AND REPORT – None

16. ADJOURNMENT

Motion: Ostrander, Young

That the meeting be adjourned. (Time 8:10 p.m.)

Carried

Page 19 of 56

COMMITTEE OF THE WHOLE

MINUTES

Tuesday, April 18, 2017

6:30 p.m.

Council Chambers

360 Dibble St. W.

Prescott, Ontario

Present Councillors Leanne Burton, Teresa Jansman, Fraser

Laschinger, Lee McConnell, Mike Ostrander, and Ray Young



Casselman, Director of Administration/Clerk, and Lindsey

Veltkamp, Corporate Services, Executive Assistant

1. CALL TO ORDER

The meeting was called to order by Deputy Mayor Fraser Laschinger at 6:17 p.m.

2. APPROVAL OF AGENDA

Motion: Burton, Young

That the agenda be adopted as presented.

Carried

3. DECLARATIONS OF INTEREST – None

Page 20 of 56

4. PRESENTATIONS - None

5. DELEGATIONS - None

6. COMMUNITY AND PROTECTIVE SERVICES

Councillor Burton spoke to the upcoming Pitch-In Community Clean Up on

Saturday, April 23rd. She also spoke to the Community Yard Sale taking place

on May 13th.

7. FINANCE & CORPORATE SERVICES

7.1 Staff Report 15-2017 – Purchasing By-Law

Motion: Burton, McConnell

That Committee of the Whole forward By-law 17-2017, being a by-law to

provide for the purchasing policies, practices, and procedures of goods

and service by the Town of Prescott known as the “Purchasing By-Law”,

to Council for consideration and approval.

Carried

Matthew Armstrong, Treasurer, spoke to the proposed by-law and the changes

that had been made to it since it was presented at the last Committee of the

Whole meeting. He spoke to further suggestions offered by Council members.

Discussion was held regarding the understanding of the by-law by Council and

staff, Council approval of significant equipment, streamlining the purchasing

process, the budget and approval process, and the process for outside boards

and committees remaining the same.

7.2 Staff Report 16-2017 – Financial and Human Resource Policy Review

– Working Group


That Committee of the Whole recommend that Council establish a

Working Group of three members of Council to work with staff to create a

new set of financial and human resource policies for the Town of Prescott

Page 21 of 56

and subsequently recommend them to Council for consideration, review,

and adoption.

Motion: Young, Burton

That the main motion be amended by adding the Working Group member

names – Mayor Todd, Councillors Jansman and Ostrander.

Carried


That Committee of the Whole recommend that Council establish a

Working Group, consisting of Mayor Todd and Councillors Jansman and

Ostrander, to work with staff to create a new set of financial and human

resource policies for the Town of Prescott and subsequently recommend

them to Council for consideration, review, and adoption.

Carried

Matthew Armstrong, Treasurer, provided an overview of the report and spoke to

the proposed working group’s role. Council members spoke to the benefits of

sub-committees and working groups. Councillor Jansman stated that she would

like to be on the working group and that Mayor Todd had expressed an interest.

Councillor Ostrander also volunteered.

7.3 Staff Report 17-2017 – 2018 Municipal Election – Alternative Voting

Method By-law

Motion: Young, Ostrander

That Committee of the Whole receive Staff Report 17-2017 for information

and forward By-law 18-2017, being a by-law to authorize an alternative

voting method for the 2018 Municipal Election, to the Council meeting of

April 24, 2017 for final consideration and approval.

Carried

Kimberley Casselman, Director of Administration/Clerk, provided an overview of

the report. Discussion was held regarding the Provincial amendments to the

Municipal Elections Act.

Page 22 of 56

7.4 Staff Report 18-2017 – Funding Request – Canadian Scout Jamboree

2017

Motion: Burton, McConnell

That Committee of the Whole recommend that Council approve a donation

in the amount of $1,000.00 to the 7th Prescott Scouts for the Canadian

Scout Jamboree 2017.

Carried

Matthew Armstrong, Treasurer, provided an overview of the report. Discussion

was held regarding approving the donation.

7.5 Staff Report 19-2017 – March 2017 Financial Report

Motion: Young, Ostrander

That the attached Financial Operating Budget, Capital Budget, Reserve

Funds and Long Term Debt Reports for March 31, 2017 be accepted for

information purposes.

Carried

Matthew Armstrong, Treasurer, provided an overview of the report. He stated that

this was the first financial report for 2017 and also spoke to the St. Lawrence

Lodge payment amount.

8. TOURISM & HERITAGE – None

9. TRANSPORTATION & ENVIRONMENTAL SERVICES

Councillor McConnell spoke to recent coyote sightings in town. He reminded

residents to keep an eye on their small animals when outdoors.

Page 23 of 56

10. PLANNING

10.1 Staff Report 20-2017 - Official Plan Review


That Committee of the Whole receive this report for information.

Carried

Councillor Ostrander spoke to the draft Official Plan and his recent meetings with

the CAO regarding it. Pierre Mercier, CAO, spoke to the draft Official Plan and

the process for moving forward. He asked that Council members review the plan

and provide him with their comments via email.

11. ECONOMIC DEVELOPMENT – None

12. NEW BUSINESS

12.1 Action Item List

No items were added to the Action Item List.

13. PERIOD FOR MEDIA QUESTIONS – None

14. CLOSED SESSION – None

15. RISE AND REPORT – None

16. ADJOURNMENT

Motion: Young, McConnell

That the meeting be adjourned. (Time 7:34 p.m.)

Carried

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Date Req’d

Information Purposes

Policy / Action Req’d X Apr 24 ‘17

Strategic Plan

STAFF REPORT TO Report No. 21-2017 COUNCIL

April 24, 2017 From: Dan Beattie, Director of Public Works & infrastructure RE: Prescott Police Services Board Traffic Recommendations ____________________________________________________________________ Recommendation: That Council approve: 1. The addition of 6 pedestrian lights at King St. and Edward St;

2. The removal of the traffic lights at King St. and Centre St. and install crossing signs

and add more visible line painting;

3. The removal of the traffic lights at King St. and George St. and install crossing signs

and add more visible line painting;

4. The addition of a system similar to the crossing at the high school at King St. and St.

Lawrence St (a push button activated crossing) and improve the signage and line

painting at this location;

5. The addition of line painting, more signage, and a timed push button crossing at

Edward St. and Irving; and

6. The addition of line painting at Edward St. and Churchill St.

Background / Analysis: At the Prescott Police Services Board meeting of March 30, 2017, the board received a verbal update from Town staff and the OPP regarding traffic lights, crosswalks, line painting, and speeds within town. OPP Officer Russ Beaton provided the board with a summary on all lights and crosswalks and spoke to recommendations that the Town should consider.

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Strategic Plan

The board agreed to forward the following recommendations to Council for consideration and approval: 1. Add 6 pedestrian lights at King St. and Edward St;

2. Remove the traffic lights at King St. and Centre St. and install crossing signs and

add more visible line painting;

3. Remove the traffic lights at King St. and George and install crossing signs and add

more visible line painting;

4. Add a system similar to the crossing at the high school at King St. and St. Lawrence

St (a push button activated crossing) and improve the signage and line painting at

this location;

5. Add line painting, more signage, and a timed push button crossing at Edward St.

and Irving; and

6. Add line painting at Edward St. and Churchill St.

Technical Considerations The above recommendations are based on Officer Beaton’s extensive experience in traffic enforcement and investigations as an Officer in the OPP. Although not a traffic engineer, Officer Beaton has an in-depth understanding of intersection safety and the Highway Traffic Act. Additional consideration was given to a past traffic study which provided vehicle traffic counts on local roads. The traffic count was highest on the northern portions of Edward Street and fell to as little as 1100 vehicles per day at the King Street intersections. Ministry of Transportation of Ontario (MTO) standards provide that traffic signals may be warranted where vehicle counts of 2000 or more over a 12 hour period intersects with pedestrian traffic of 200 or more over an 8 hour period. There is an additional criteria of 5 motor vehicle collisions susceptible to correction over a 12 month period. According to MTO, a traffic control signal serves no useful function when the traffic volume on the major road is such that gaps of at least six seconds in length occur when vehicles on the minor road are wanting to cross over the major road. In addition, there should be at least one vehicle (or pedestrian) on the minor road during each signal cycle, otherwise a delay to the major flow of traffic would occur unnecessarily and the net result of signalization would be increased delay and increased frequency of rear end

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Strategic Plan

collisions. Financial Implications: The cost of replacing the traffic lights on King Street was not included in the 2017 Capital or Operations Budgets. Should Council decide to proceed with the repair / replacement option for the existing traffic signals at King and Centre, King and George and King and St Lawrence, the cost would be approximately $250,000. At this time, the total cost of the proposed recommendation has not been fully assessed, but would be considerably less than the repair / replace solution.

A Reserve fund was established when the Town entered into a contract with the Ontario Provincial Police to provide Police services. This was later repurposed for infrastructure needs. The reconfiguration of traffic lights would appear to fit well from an infrastructure and public safety use of these funds. At the end of 2016, there was approximately $500,000 in this reserve.

Attachments:

OPP Traffic Report – distributed separately and held on file

Original signed by _____________________ Pierre Mercier Dan Beattie Chief Administrative Officer Director of Public Works & Infrastructure

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Policy / Action Req’d X April 24, 2017

Strategic Plan

STAFF REPORT TO COUNCIL Report No. 22-2017

April 24, 2017 From: Pierre Mercier, Chief Administrative Officer RE: Integrity Commissioner ___________________________________________________________________ Recommendation: That Council appoint Mr. Andrew Tremayne as the Integrity Commissioner for the balance of the term of Council. Background:

The role of the Integrity Commissioner is to provide advice and training to members of Council and to conduct investigations on the application of the Code of Conduct. The Integrity Commissioner would respond to complaints made by any person about whether a member of Council has contravened the Council Code of Conduct.

During an investigation, the municipality must provide the Commissioner access to all information, books, accounts, financial records, electronic data processing records, reports, files and all other information the Commissioner believes is necessary. The Commissioner maintains secrecy regarding all matters, (unless there is a criminal proceeding) until the report is made public at a Council meeting. The Municipal Freedom of Information Act does not apply to the Integrity Commissioner's files.

In terms of penalties, the Commissioner can recommend sanctions for contravention to the Code of Conduct which the Council can choose to impose upon an elected official. The sanctions are stated in the Code of Conduct.

Selection Process:

In considering the appointment of an Integrity Commissioner, the successful candidate should possess the following qualifications:

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Strategic Plan

Previous municipal, governance, procedural and/or ethics experience (e.g. former Clerk, CAO, municipal lawyer, similar experience in another level of government);

Knowledge of municipal government and the accountability and transparency provisions of the Municipal Act, 2001;

Understanding of Council operations and policies;

Ability to provide services on a part-time, flexible and as-needed basis, without competing employment demands;

Credibility with City Council, staff, public and media;

No specific connection or interest with the Town (specifically a financial or business relationship).

In November of 2016, Council directed the CAO to proceed with a selection process leading to the appointment of an Integrity Commissioner for the balance of the term of Council. A selection process involved the issuance of a Request for Proposals which was posted on the Town website and social media. In addition 3 experienced lawyers with a background in mediation and arbitration were invited to submit proposals. These candidates were identified with the input of CAO’s from neighbouring municipalities. The process yielded one submission. The proposal by Mr. Andrew Tremayne was reviewed and judged to have met all of the criteria outlined in the RFP document. Mr. Tremayne’s submission is appended for information purposes. Mr. Tremayne’s background, experience and neutrality with respect to any files related to the Town of Prescott is such that he is an ideal candidate for the position. It should be noted that Mr. Tremayne is currently the Integrity Commissioner for the Township of Edwardsburgh Cardinal. Financial Impacts: There is no immediate financial impact for the appointment of the Integrity Commissioner. Any future investigations (if required) would result in fees based on the complexity of each individual file. There is no retainer fee as the costs will be associated to specific investigations or activities.

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Attachments:

- Andrew Tremayne - CV

_______ Pierre Mercier Chief Administrative Officer

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STAFF REPORT TO Report No. 23-2017 COUNCIL

April 24, 2017 From: Dan Beattie, Director of Public Works & infrastructure RE: Junior C Hockey Team ____________________________________________________________________ Recommendation: That Council direct staff to enter into a relationship with Dennis Van Luit to support, promote, and sponsor a local Junior C hockey team in Prescott.

Background / Analysis: On April 12, 2017, staff was informed by Dennis Van Luit about the ongoing effort being put into a local Junior C hockey team. During this meeting with staff, Dennis presented an option of having a relationship with the town by which the town would help support, promote, and sponsor the new proposed team. The breakdown of the discussion is as follows: Support The supporting portion of the discussion was surrounding media, financial management, and sourcing sponsorships. Dennis would like to be able to say to the media that the new local Junior C hockey team has a relationship with the Town and the Town fully supports this endeavor. On financial management, there will be a need to source an opinion regarding different financial situations which the Town would support via our Treasurer. Also, accessing the Treasurer’s expertise as an overview to ensure the financial records are properly completed.

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Sourcing sponsorship from local companies is a key portion to the success of this new franchise. It was discussed about having the Town work with the team and use some of the Town relationships to source a variety of different sponsorships to reduce the cost associated with operating the franchise. Promotion Promotion of the new franchise is key to ensuring its success. Within the last month, the Town lost its Junior B hockey franchise which had been playing out of Prescott for many years. This was a negative hit to the community. If promoted correctly and often, the news of a new Junior C franchise could reduce the negative effect of losing the Junior B club. The plan, if approved, would have the Town work with the new franchise on social media, linking websites, and promotional events to be determined later. We would start a social media presence via Twitter, Facebook, and Instagram to get the community excited about this new endeavor. We would also link the Town website to the new franchise’s website, as well as the league’s website, to further enhance the excitement. Throughout the infancy stage of the new franchise, there will be promotional events that are not yet planned. These events could require some support from staff to help with the organization efforts. All events will be group run with not just Town staff completing the effort. Sponsorship The request of sponsorship is by way of ice rentals. The request would be to have an average of 4 hours per week donated to the team for a term of 3 years. This sponsorship will help reduce the team’s financial burden and pave the way for success. After the three-year term is completed, a review of the franchise’s financials will be completed to determine if the sponsorship needs to be renegotiated. Some general notes on the new franchise:

- The season will consist of 33 games in which the team will play all 12 teams throughout the league east and west. This does not include playoffs.

- The goal is to have 70% local players.

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- Ticket prices are $8.00 for adults and $6.00 for students and seniors. - Players would pay approximately $500.00 per season. - The team has a 7-person board of directors which consists of 1 president and 6

directors that all decisions will be made or delegated from. - The team will have a coach and general manager. - The age range to which the players are eligible is 16 – 21. - The team name is the South Grenville Rangers

The franchise was approved by the NCJHL (National Capital Junior Hockey League) on April 19, 2017 to begin play for the 2017/2018 hockey season. Please see attached website for your review:

http://hometeamsonline.com/teams/default.asp?u=NCJHL&s=hockey&p=schedule It should be noted that the franchise would like to be based out of Prescott, however there have been meetings with the Township of Edwardsburg/Cardinal about hosting the team. It was explained to staff the desire to be in Prescott, however the team will have to make the best financial decision for success. Financial Implications: With the loss of the Prescott Flyers Jr. B Team, approximately 5 hours of ice time has opened up per week. At this time, no other interested parties have come forward to request this ice time. Therefore, supporting this endeavor does not result in lost revenue from another paying source for ice time rental at this time.

There would be no incremental costs for arena or administrative cost structure to have a relationship with the Junior C Team.

Attachments:

No Attachments

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http://hometeamsonline.com/teams/default.asp?u=NCJHL&s=hockey&p=schedule

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Original signed by _____________________ Pierre Mercier Dan Beattie Chief Administrative Officer Director of Public Works & Infrastructure

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THE CORPORATION OF THE TOWN OF PRESCOTT

BY-LAW NO. 17-2017

A BY-LAW TO PROVIDE THE PURCHASING POLICIES, PRACTICES, AND PROCEDURES OF GOODS AND SERVICES BY THE TOWN OF PRESCOTT

KNOWN AS THE “PURCHASING BY-LAW”

Being a by-law to provide the purchasing policies, practices, and procedures of goods and services by the Town of Prescott known as the “Purchasing By-Law”

WHEREAS the Municipal Act, 2001, SO 2001.c. 25 Part VI, s. 270 (1) states that a municipality and local board shall adopt policies with respect to its purchasing of goods and services;

WHEREAS the Council of the Corporation of the Town of Prescott deems it expedient to support the local Canadian marketplace by buying local and/or Canadian when all factors have been considered and are deemed as being equal; and

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

1. In this by-law;

Definitions

1.1 “Acquisition” is the process for obtaining goods and/or services for use, whether on a permanent or on a temporary basis.

1.2 “Agreement” means a formal written legal agreement or contract for the supply of goods and/or services.

1.3 “Approval” is the specific authorization to proceed with the purchase or lease of specific goods and/or services.

1.4 “Bid” means an offer or submission from a supplier in response to a bid solicitation which may be in the form of an oral or written quotation, a short form or public tender or a request for proposal.

1.5 “Bid Deposit” means certified cheque, money order, bid surety issued by a surety company or other form of negotiable instrument required by the terms and conditions of the bid solicitation document to guarantee that the successful bidder enter into a contract with the Town of Prescott.

1.6 “Bid Solicitation” means a formal request for bids that may be in the form of a Request for Tender, Request for Quotation, or Request for Proposal.

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1.7 “Blanket Purchase Order” means a purchase order which establishes prices or a method of determining prices, terms and conditions and the period of time during which a supplier agrees to provide goods or services to the purchaser upon the purchaser’s demand.

1.8 “Centralized Coordination for Standardization” means policies and procedures maintained and monitored in one area to ensure consistent practices are followed throughout the organization.

1.9 “Chief Administrative Officer” means the Chief Administrative Officer of the Town of Prescott. This title may be abbreviated to C.A.O.

1.10 “Town” means the:

Municipal Corporation of the Town of Prescott

Agencies, Commissions, Boards and Committees of the Corporation of the Town of Prescott such as the Police Services Board, Library Board, Cemetery Board, Committee of Adjustment, Heritage Committee and the B.I.A.

Any other Board, Agency, Commission, and Committees that the Corporation of the Town of Prescott may add from time to time.

1.11 “Contract” means any formal legal agreement for goods and/or services.

1.12 “Co-operative Purchasing” means the participation of two or more public agencies in purchasing.

1.13 “Corporation” means the Corporation of the Town of Prescott.

1.14 “Council” or “Town Council” means the Council of the Corporation of the Town of Prescott.

1.15 “Director” means the head of a department, agency, commission, board or committee of the Town of Prescott.

1.16 “Emergency” means a situation with potential to cause harm, death to persons; accrue liability to the Town; cause damage to property; or hamper the Town’s operation and warrants operating outside of the requirements of this by-law.

1.17 “Goods” shall include supplies, materials or equipment of every kind.

1.18 “In-House Bids” means a bid prepared by internal staff to compete to supply goods and services which are normally provided by external suppliers.

1.19 “Internal Controls” means co-ordinated methods and measures in an organization which are designed to endorse efficiency; monitor observance to Town policies and procedures; check the accuracy and validity of data; and to safeguard assets.

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1.20 “Professional and Consulting Services” includes services of architects, engineers, designers, surveyors, real estate appraisers, management and financial consultants, brokers, lawyers, accountants, auditors, and any other professional and consulting services required by the Town.

1.21 “Project” means the construction, repair or demolition of any improvement in or on real property, including all costs normally associated therewith or any other work or undertaking.

1.22 “Proponent” means the party who initiates an unsolicited proposal

1.23 “Proposal” means written bid from a supplier containing a unique submission designed to meet broad outcomes to a complex need for which there is not any clear or single solution.

1.24 “Purchase” means the act of and the functional responsibility for procuring goods and/or services.

1.25 “Purchasing Policy Coordinator” means the Town Treasurer. .

1.26 “Qualified Bidder” refers to a competent and authorized bidder accredited by the Town of Prescott.

1.27 “Qualified Supplier(s)” refers to a plausible source who has been identified as a competent supplier from which a department can obtain firm quotations on specific requirements.

1.28 “Quotation” means an offer from a supplier to provide to or purchase from the Town goods and services, which are submitted orally or in writing, as required by the policy.

1.29 “Services” may include, but are not limited to, telephone, gas, water, hydro, janitorial and cleaning services, consultant services, legal services, medical services, insurance, and the rental, repair or maintenance of equipment, machinery or other personal property.

1.30 “Sole Sourcing” means the purchasing of a good or service that is unique to a particular supplier and cannot be obtained from another source.

1.31 “Supplier” means any individual or organization providing goods or services to the Town of Prescott.

1.32 “Tender” means a sealed bid in response to a requested or publicly advertised bid solicitation, which contains an offer in writing to execute some specified services, or to supply certain specified goods, at a certain price.

1.33 “Total Cost” means the sum of all costs, including all contingencies excluding applicable taxes to be paid to a supplier for the purchase of goods and/or services or, in case of a lease or rental agreement, the total

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cost of lease or rental payments for the full term of the lease or rental agreement.

1.36 “Treasurer” means the Treasurer of the Town of Prescott, agency, commission, board or committee of the Town of Prescott. .

1.38 “Unsolicited Proposal” means an offer to supply goods and/or services to the Town which was not requested.

2. Unless otherwise provided in accordance with this By-Law, the Purchasing Policy Coordinator shall act for the Town of Prescott, for the purchase of all goods and services and shall be responsible for providing all necessary advice and services required for such purchases in accordance with the method of purchase legislated by the By-Law and the Purchasing Policies.

3. This By-Law shall apply to the purchase of all goods and/or services made on behalf of the Corporation of the Town of Prescott, and by any of the Corporation’s legally constituted Boards, Agencies, Commissions, and Committees.

4. No purchase of goods and/or services shall be authorized unless it is in compliance with this by-law and the purchasing policies contained herein.

5. Purposes , Goals and Objectives

The purposes, goals, and objectives of this By-law conjoined with the various methods of purchasing will:

define authority and responsibility and to standardize approved practices.

provide a central focus for developing expertise and offering advice to departments while maintaining common practices.

promote open competition with suppliers.

capitalize on savings for taxpayers.

ensure that the Town is in compliance with the requirements of the Municipal Act, 2001.

ensure service and product delivery, quality, efficiency and effectiveness.

achieve the best value for the municipality when purchasing goods and services.

ensure equality among bidders/suppliers.

ensure openness, accountability and transparency while protecting the financial best interests of the Town of Prescott

6. Authorized Practice

The Council of the Town of Prescott deems it expedient to have and hereby authorizes the following methods, authorization levels and processes:

6.1 Low Value Purchasing;

For purchases up to $1,000, a properly authorized invoice shall be coded and sent to accounts payable providing the procedure used to purchase these goods and/or services demonstrate that fair market value was Page 39 of 56

achieved through comparison buying. The Director or designate with signing privileges has the authority to approve this method.

6.2 Request for Quotation:

Oral Quotations:

A minimum of three (3) suppliers shall be asked to quote orally when the value of the purchase falls between $1,001 to $5,000. This method shall utilize a centralized co-ordination for standardization and integrity as well as internal controls. The Director or designate with signing privileges at appropriate dollar value level has the authority to approve this method. A record of the quotes shall be retained on file.

Written Quotations:

A minimum of three (3) suppliers shall be asked to quote when the value of the purchase falls between $5,001 to $25,000. This method shall utilize a centralized co-ordination for standardization and integrity as well as internal controls. A Director or designate with the signing privileges has the authority to approve this method. When costs exceed $10,000, a Director shall provide terms of reference which shall meet the satisfaction of the Purchasing Policy Coordinator. The Purchasing Policy Coordinator shall maintain a list of suggested evaluation criteria for the assistance in formulating an evaluation scheme for this process. A record of the written quotations shall be retained on file.

6.3 Request for Proposal:

When the expertise for developing proper specifications and criteria lies in the hands of the suppliers or when additional information is required and it is not practical to call tenders the Director may invite proposals from selected suppliers. The Director, Treasurer and Chief Administrative Officer have the authority to approve requests for proposals subject to amounts being included and approved in the Budget.

6.4 Request for Tender:

The following two tender methods shall comply with the Town of Prescott Tender Documents, which are prepared and maintained by the Director of Operations in conjunction with the Purchasing Policy Coordinator.

Invited Tender:

For purchases valued between $25,001 to $100,000, a minimum of three (3) bids shall be solicited from qualified bidders. This method shall utilize a centralized co-ordination for standardization and integrity as well as internal controls. The Director, Treasurer and Chief Administrative Officer have the authority to approve purchases under this method provided the Page 40 of 56

amounts are within budget. All documentation relevant to the invited tenders shall be retained on file.

There will be an invited tender opening to receive the bids at a predetermined place, date and time which will be disclosed in the invited tender documents.

Public Tender:

For purchasing activities which exceed $100,000 a request for bids shall be advertised. The Director and Purchasing Coordinator shall determine the best process for advertising tenders.

There will be a public tender opening to receive the bids at a predetermined place, date and time which will be disclosed in the public tender documents.

This method shall utilize a centralized co-ordination for standardization and integrity as well as internal controls. A Director, the Treasurer and the Chief Administrative Officer have the authority to approve this purchase providing that there is Council approval to undertake a tender and the amount is within budget.

6.5 Non-Competitive Purchasing:

(a) Competition may be precluded under the following circumstances:

due to the application of any Act or legislation

due to the existence of patents or copyrights

in the case of Emergency Purchasing Procedures (see item #18 in this By-Law)

Standardization of products, services or equipment

Specialized service that is performed to the unique or exacting standards as required by the Town

A dollar value has not been defined for this type of purchasing but rigid standards must be met. The Director, the Treasurer and the Chief Administrative Officer have the authority to approve this method of purchasing up to $50,000 providing that the Director has provided terms of reference which shall meet the satisfaction of the Purchasing Policy Coordinator. Council and the appropriate standing committee shall be so advised.

Council’s approval is required for all non-competitive purchases in excess of $50,000.

(b) Special conditions apply against the following non-competitive purchasing circumstance:

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when an opportunity arises which will allow for the purchase of a capital item at substantial savings. Council approval must be received in advance for any purchase of this type over $50,000.

6.6 Unsolicited Proposals:

(a) Unsolicited proposals received by the Town shall be reviewed by the Director and the Purchasing Policy Coordinator.

(b) The proponent will be required to supply, to the Town, sufficient information to verify the feasibility of the proposal.

(c) Should the proposal, in the opinion of staff, have sufficient merit to pursue, it will then be tendered out for general proposals as per this By-Law unless otherwise directed by Council.

(d) If a solicited tendered proposal is received that is superior to the submitted unsolicited proposal the proponent of the unsolicited proposal shall then have first right to amend their proposal to match the superior proposal.

7. Purchasing Advisement and Policy Responsibilities

Directors have responsibility for purchasing activities within their departments and are accountable for achieving the specific objectives of the purchasing proposal.

The Purchasing Policy Coordinator is responsible for,

providing professional purchasing advice and services to the Director(s),

monitoring compliance with this by-law,

notifying the Director(s), in advance if possible, of non-compliance;

informing Council, by way of the Chief Administrative Officer, that noncompliance with this by-law has occurred.

8. Process Integrity The objective of the by-law is to establish policies and procedures by which users will be guided to ensure that all purchases of goods and/or services are being conducted with the optimal dollar value consistent with the required quality of service.

An open and honest process shall be maintained that is fair and impartial.

The purchasing by-law promotes and maintains integrity of the purchasing process and protects Council, staff, and suppliers involved in the process by providing clear direction and responsibility.

Purchasing policies approved by Council will act as a guideline and for information in respect to the acquisition of goods and services in compliance with the purchasing by-law.

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9. Values and Authority for Purchases

Anyone given purchasing authority under this purchasing policy is responsible for reviewing the budget and purchasing policies to ensure that there are sufficient funds in the budget for the selected project and that the information is accurate.

10. Restrictions

10.1 A project awarded for the purchase of goods and/or services cannot be separated into two or more components to circumvent the requirements of this by-law as it relates to values of purchases in order to avoid having to meet the requirements of this by-law.

10.2 A Director shall not award a contract where the Purchasing Policy Coordinator has determined that the provisions in this by-law have not been met and as such has advised the Director either orally or in writing.

10.3 The Purchasing Policy Coordinator shall determine whether any purchasing activity may be accepted when it could result in an employee-employer relationship. Any Town employee or their spouse wishing to bid on Town projects must first obtain, in writing, approval from the Chief Administrative Officer to do so.

11. Understandings and Interpretations

11.1 Except as otherwise stipulated, any purchase of goods and/or services shall be made on a competitive basis, in keeping with accepted public purchasing practices and in accordance with the applicable federal, provincial and municipal laws.

11.2 No purchasing process for goods and/or services shall be intentionally

structured so as to avoid any provision of the Purchasing By-law

and/or Purchasing Policies.

11.3 All purchase of goods and/or services for the Town of Prescott shall be subject to the provisions of this By-Law. Prices and authority levels as

stated within the By-Law are intended to be the total cost excluding

taxes.

11.4 All suppliers that will be performing work on Town property must provide evidence of appropriate insurance and active Workplace

Safety and Insurance Board status to be eligible for specified works.

11.5 Specifications shall not be designed or written so as to indicate

preference to any one bidder or, where a specific brand and model is stated as a benchmark.

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12. Approval of Budget

Formal approval of the fiscal year operating and capital budgets or by special approval by Council constitutes financial approval to pursue expenditures

outlined in the department’s budget. Prior to budget approval, Directors can

authorize and approve recurring expenditures which are necessary in the

continuity of operations within the Town, all of which are subject to the terms and

conditions as may be described in the Town’s Budgeting Control By-law.

In the event that a purchase was not included as part of the approved budget or

will cause a material negative variance to the overall budget, staff will seek

Council’s approval to proceed with the purchasing using the appropriate method

as outlined in this by-law.

13. Acceptance of Bids

13.1 In the case of quotations, the lowest bid of a qualified bidder may be

accepted if it meets the requirements specified in the competition. The Town reserves the right to accept no bids as part of the process.

13.2 Criteria for awarding of invitational tenders, public tenders and request for

proposals will be established prior to issuance of tender document to

prospective bidders. The criteria may include one or more of the following:

(a) Price

(b) Warranties

(c) Service (Personnel, Availability and Qualifications) (d) Experience/Past Performance

(e) Environmental policies of the bidder

(f) Schedule Preventative maintenance programs.

Location of VendorThe Town reserves the right to accept no bids as

part of the process.

14. In-House Bids

In-House Bids will be accommodated in accordance with section 10.3.

15. Trade Agreements

Purchasing by the Town may be subject to the provisions of any Federal

or Provincial trade agreements.

Where an applicable trade agreement is in dispute with the purchasing by-

law, the trade agreement shall take precedence.

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16. Lease and Financing Arrangements

Prior to entering into a lease agreement or long term contract, the terms and conditions shall be reviewed by the Policy Purchasing Coordinator, who shall

provide written confirmation of this review and the acceptability of the agreement. This procedure is to ensure that these contracts are in compliance with Treasury

Reporting Standardization on Leasing as is contained in the Municipal Act. All financing agreements shall include, where appropriate, the original equipment

cost, the length of the lease, the effective rate of interest, the residual value of the goods, the complete repayment schedule, the total cost over the term of the

lease, and buy-out options if any.

17. Emergency Purchasing Procedures

This refers to a purchasing process where the usual competitive acquisition

rules are suspended due to prevailing emergency circumstances. When an

event occurs that is determined by the Director to be a threat to public health,

the maintenance of essential Town services, the welfare of persons or of public

property, the protection of the Town’s physical assets, or the security of the

Town’s interests or financial liabilities arising from unexpected conditions, and

the occurrence requires the immediate delivery of goods and services and time does not permit the Director to follow normal purchasing activities to acquire

such goods and services, the Director may make any necessary purchases

without following the purchasing by-law and is authorized to do so in the most

expedient and economical means possible.

Where a purchase has been made under the Emergency Purchasing

Procedure, the Director shall notify the Purchasing Policy Coordinator and Chief Administrative Officer within two working days.

The Director shall provide a full written report of the particulars of the emergency

situation in all cases, where the amount of the expenditure has exceeded $1,000

in value. A report to Council shall be submitted for expenditures that exceed

$10,000 under the emergency purchasing procedure.

18. Blanket Purchase Order

Following the guidelines determined within this by-law, the Purchasing Policy Co-

ordinator may establish prices and select sources to supply goods and services that are used repetitively. The quantity of the goods should be estimated based

upon previous usage when requesting the supplier to establish a set price. The

Town may establish and maintain a blanket order for these frequently used

goods and services once the source and price has been predetermined with

selected suppliers.

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19. Preferred Vendors

Following the guidelines determined with this by-law, the Purchasing Policy-

Coordinator may establish a list of preferred vendors that are used on a repetitive

basis to perform regular maintenance and operational projects. This include but

are not limited to civil works, cleaning, plumbing, electrical, and HVAC. An

invited tender with at least 5 participants or a public tender depending on the total

expected dollar value. This is used to establish a set hourly price for vendors

that may been to be called on an emergency basis when events occur.

20. Sole / Single Source Purchasing

In circumstances where the sources of supply are restricted to the extent that

there is not effective price competition or consideration of substitutes is

precluded due to any of the following:

components or replacement parts for which there is no substitute

warranty, function or service

compatibility with an existing product, facility or service is required

specific standards are adopted by Council

there is only one available supplier for the source of the supplies or service

The Director(s) shall be responsible to demonstrate to the Chief Administrative

Officer and the Purchasing Policy Coordinator that the conditions required for

sole source purchasing exist prior to authorization of the purchase.

21. Exclusion of Bidders

The Town may, in its sole discretion, prohibit a supplier from bidding on

future solicitations, where the supplier has, in the one year period

immediately preceding the date of the bidding either,

performed unsatisfactory work failed to meet completion dates and/or failed to follow reasonable

instructions failed to comply with health and safety conditions or violations

withdrawn from a tender once the contract has been awarded

failed to comply with the terms and/or conditions of a contract

been a party to litigation with the municipality

22. Goods and Services “Exempt” from Provisions of the Purchasing Policies

The purchasing methods described in this by-law do not apply to the

following Goods and Services:

22.1 Training and Education

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Registration and tuition fees for conferences, conventions, courses and seminars

Magazines, books and periodicals unless the purchases of such

magazines, books and periodicals are subject to value-added services

Memberships

22.2 Refundable Employee / Councillor Expenses

Meal Allowances Travel and Entertainment

Miscellaneous – Non-Travel

22.3 Employer’s General Expenses

Payroll Deduction Remittances

Medical

Licenses (Vehicle, Firearms, etc.) Debenture Payments

Grants to Agencies

Damage Claims

Petty Cash Replenishment

Tax Remittances Insurance Premiums

Payroll Related Issues

Charges to other Government Bodies

22.4 Miscellaneous

where construction or renovation work on a leased building may be performed only by the lesser of the building

when no bids were received in a competitive process

when the purchase is already covered by a lease-purchase agreement when an urgent purchasing is necessary for fulfilling a statutory order

issued by a federal or provincial authority, such as an environmental, public health, or workplace safety compliance order

when there is a statutory or market based monopoly on the item

when the required item is covered by an exclusive right such as a patent, copyright or exclusive license

where payments are partially or totally credited to the purchase

when competitive sourcing for low value purchases would be

uneconomical or would not attract bids

when it is necessary to ensure compatibility with existing products or to avoid violating warranty/guarantee requirements when service is required

agreement on Internal Trade and the Ontario-Quebec Trade Agreement indicate specific exceptions to competitive sourcing

where the item is being tested on a trial basis

where the carrying out of the work by the supplier other than the supplier

did the original work would nullify the warranty or guarantee held

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These purchases are still subject to internal financial controls

and generally accepted accounting and reporting practices.

23. When directed by Town Council, the following purchase of professional

services will be completed through a Request for Proposal:

Auditing

Banking

Actuaries Insurance

General Legal

24. Co-operative Purchasing

24.1 The Town may participate with other government agencies or public

authorities in co-operative purchasing when it is in the best interest to do

so.

24.2 If the government agency or authority is of a senior level, then the purchasing policies of that body would come into place under this

particular circumstance.

25. Access to Information

The disclosure of information received relevant to the issue of Bid Solicitations

or the Award of Contracts emanating from Bid Solicitation shall be in accordance

with the provisions of the Municipal Freedom of Information and Protection of

Privacy Act, as amended.

26. Setting Aside Conditions of Purchasing By-Law

Town Council may, on a resolution passed by a majority of all of the Members of the Town Council present and voting in favour thereof, set aside or waive the provisions of this by-law.

27. Process Review and Evaluation

The purchasing by-law and policies will be reviewed and evaluated once every

term of council or more frequently if directed by Council, to analyze for

effectiveness. A review or evaluation of the internal controls may be executed to

confirm that all procedures and guidelines are being acknowledged and to ensure that the purchasing of goods and/or services are being administered fairly

and impartially.

28. If any section, clause or provision of this By-Law is for any reason declared by a

court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-Law as a whole or part thereof other than the section, clause or

provisions of this By-Law shall remain in force and effect until repealed or

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amended, notwithstanding that one or more provisions shall have been declared

to be invalid.

29. Appendix “A” to this By-Law, in which is set out the signing authority, integrity,

methods of purchasing and limits of purchasing, shall form part of this By-Law.

The purchasing portion of By-Law 25-2005 shall be rescinded upon passing of

this By-Law.

30. This By-Law shall come into effect upon passing.

READ A FIRST AND SECOND TIME THIS 24th DAY OF APRIL, 2017.

____________________________ _____________________________ Mayor Clerk

READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF April, 2017. ____________________________ _____________________________

Mayor Clerk

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Appendix “A” - Purchasing Practices and Authority Approvals

Procedure **

Tendering Purchase Value How Required Integrity is Maintained

Applies

Method Who Can Sign

Informal Low Value Procurement

up to $ 1,000 Comparison pricing and competitive pricing to be

carried out for a one-time procurement in an expeditious and cost-effective manner through phone, fax, e-mail, vendor catalogues or advertisements. This method will use centralized co-ordination for standardization and integrity as well as internal controls.

Director or Designate,

Oral Quotations

$ 1,001 to $ 5,000 Primarily done on an invitational basis from at least three qualified suppliers. Implementation of an effective, objective, fair, open, transparent, accountable and efficient process for obtaining competitive bids based on precisely defined requirements for which there is a clear solution. Preference for local suppliers is to be considered only when all other factors are equal. This method will use centralized co-ordination for standardization and integrity as well as internal controls and decentralized purchasing by Department.

Director or Designate,

Written Quotations

$5,001 to $ 25,000 Primarily done on an invitational basis from at least three qualified suppliers. This method may be supplemented with public advertising. Implementation of an effective, objective, fair, open, transparent, accountable and efficient process for obtaining competitive bids based on precisely defined requirements for which there is a clear solution. Preference for local suppliers is to be considered only when all other factors are equal. This method will use centralized co-ordination for standardization and integrity as well as internal controls and decentralized purchasing by Department

Director and Treasurer

Invited Tender ** $ 25,001 to $100,000 Implementation of an effective, objective, fair, open and transparent accountable and efficient process for obtaining competitive bids based on precisely defined requirements for which there is a clear or single solution.. Central coordination for standardization and internal control - decentralized tender process with reports circulated and signed.

Department Director, Treasurer and C.A.O. provided that:

(a) the amount is within the approved budget

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Public Tenders ** Over $ 100,000 Implementation of an effective, objective, fair, open and transparent accountable and efficient process for obtaining competitive bids based on precisely defined requirements for which there is a clear or single solution. The advertised (at a minimum in local papers) tender will be submitted on prescribed forms. There will be a public tender opening at a predetermined date, place and time. Central coordination for standardization and internal control - decentralized tender process with reports circulated and signed.

Department Director, Treasurer and C.A.O. provided that:

(a) the amount is within the approved budget

(b) Council approved tender issuance

Request for Proposal

No dollar value defined

To implement an effective, objective, fair, open, transparent, accountable and efficient process for obtaining unique proposals designed to meet broad outcomes to a complex problem or need for which there is no clear or single solution. When the expertise for developing proper specifications and criteria lies in the hands of the suppliers or where additional information is required and it is not practical to call tenders. The selected proposal earns the highest score and meets the requirements specified in the competition based upon qualitative, technical, and pricing considerations

Department Director, Treasurer and Chief Administrative Officer together.

Non-Competitive No dollar value defined Allows for purchasing in an efficient and timely Department Director, Purchasing but must meet rigid manner without seeking competitive pricing. Treasurer and C.A.O.

criteria. Conditions exist when competition is precluding due to the application of any act or legislation or because of the existence of patents or copyrights or due to market conditions, the goods and/or services are in short supply or when the condition of an emergency purchase exists.

together.

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BY-LAW NO. 18-2017

A BY-LAW TO AUTHORIZE AN ALTERNATIVE VOTING METHOD FOR THE 2018

MUNICIPAL ELECTION

Being a by-law to authorize an alternative voting method for the 2018 Municipal Election

WHEREAS, the Section 42 of Municipal Elections Act, S.O. 1996, provides that the

council of a local municipality may pass a by-law to authorize an alternative voting method that does not require electors to attend a voting place in order to vote; and

WHEREAS, the Council of the Corporation of the Town of Prescott considers it to be

desirable to pass such a by-law;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of

the Town of Prescott enacts as follows: 1. That Council hereby authorizes the use of telephone and internet voting as an

alternative voting method for the 2018 Municipal Election. 2. That the Clerk is hereby authorized to negotiate an agreement for the provision

of electronic voting services. 3. That this by-law shall come into force and take effect upon being passed by

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

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


____________________________ _____________________________ Mayor Clerk

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READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF April, 2017. ____________________________ _____________________________

Mayor Clerk

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BY-LAW NO. 20-2017

A BY-LAW TO ADOPT THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON APRIL 24, 2017

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

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

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

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

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


____________________________ _____________________________ Mayor Clerk

READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF APRIL, 2017.

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___________________________ _____________________________ Mayor Clerk

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