Regular Council Agenda Packet 2015-06-22 18-00 (3)Table of Contents
Agenda 3
Minutes of the Meeting of June 11, 2015.
June 11, 2015 Council Minutes 11
Minutes of the Special Council Meeting of June 16, 2015
Council Minutes June 16, 2015 22
Minor Variance Application Request for Equipment Shed at
Soccer Park
Soccer Club Delegation Request 24
161st Tillsonburg Fair
Delegation Reguest 27
Police Service Board Request for Fortification By-Law
PSB Fortification By-Law 29
Police Service Board correspondence regarding vagrant grocery
carts within the Community
PSB Vagrant Shopping Carts 30
Ministry of Transportation Correspondence regarding Off-road
Vehicle (ORV) Use in Ontario
MTO Corr 31
Muscular Dystrophy Canada
Muscular Dystrophy Correspondence 33
Town of Newmarket Community Mailboxes Resolution
Newmarket Resolution 34
MYR 15-07 Update - County of Oxford
MYR 15-07 35
CAO 15-09, Moose Power Inc. Request for Council Resolution
in Support of Rooftop Solar Applications Under the Provincial
Feed-In Tarrif (FIT) Program
CAO 15-09 37
CL 15-18, Physician Recruitment & Retention Appointment
CL 15-18 50
Chamber Appointment 51
Terms of Reference Physician Recruitment 52
Report DCS 15-27 Community Improvement Plan Application –
137 Rolph St
Report DCS 15-27 Community Improvement Plan
Application 137 Rolph St 55
Application-137 Rolph St 57
Report DCS 15-25 Airport Hangar Land Lease
Report DCS 15-25 Airport Hangar Land Lease 60
Lease Agreement 62
FIN 15-28 RFP Results - Legal Services
FIN 15-28 RFP Results -Legal Services 72
OPS 15-19 Results for Tender #T2015-008 Tree Trimming and
Removal
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OPS 15-19 Results for Tender #T2015-008 Tree
Trimming and Removal 74
PRS 15-27 Green Energy Act Reporting 2015
PRS 15-27 Green Energy Act Reporting 2015 76
Briefing Note 79
Memorandum 87
RCP 15-28 Children’s Recreation Program Fee Subsidy
Contract 2015-2018
RCP 15-28 Children’s Recreation Program Fee Subsidy
Contract 2015-2018 88
Service Contract 90
FIN 15-27 Liability for Presumptive Claims Under the Workplace
Safety and Insurance Act
FIN 15-27 Liability for Presumptive Claims under WSIB 100
By-Law 3923 To Enter into an Airport Hanger Land Lease
Agreement with Jeff Miller
By-Law 3923 102
By-Law 3922, To Authorize a Building Permit Fee Rebate for
137 Rolph Street
By-Law 3922 103
By-Law 3921, To Confirm the proceedings of Council at its
meeting held on the 22nd day of June, 2015
By-Law 3921 104
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1.Call to Order
2.Adoption of Agenda
Moved By:Seconded By:
Proposed Resolution #1
THAT the Agenda as prepared for the Council meeting of Monday, June 22, 2015, be
adopted.
3.Moment of Silence
4.Disclosures of Pecuniary Interest and the General Nature Thereof
5.Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of June 11, 2015
June 11, 2015 Council Minutes
Moved By: Seconded By:
Proposed Resolution #2
THAT the Minutes of the Council Meeting of June 11, 2015, be approved.
Council Minutes June 16, 2015
Moved By: Seconded By:
Proposed Resolution #3
THAT the Minutes of the Council Meeting of June 16, 2015, be approved.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, June 22, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA
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Council Meeting – Agenda - 2 -
6.Delegations and Presentations
6.1. Minor Variance Application Request for Equipment Shed at Soccer Park
Soccer Club Delegation Request
Presented By: George Ambrus
Moved By: Seconded By:
Proposed Resolution #4
THAT Council receive the request for a Minor Variance Application from the Tillsonburg
Minor Soccer Club.
6.2. 161st Tillsonburg Fair
Presented By: Mike Dean, President & Frank Kemp, Vice-President
Delegation Reguest
Moved By: Seconded By:
Proposed Resolution #5
THAT Council receive the 161st Tillsonburg Fair presentation as information.
7.Information Items
7.1. Town of Newmarket Community Mailboxes Resolution - Newmarket Resolution
7.2. Ministry of Transportation Correspondence regarding Off-road Vehicle (ORV) Use in
Ontario - MTO Corr
7.3. Muscular Dystrophy Canada - Muscular Dystrophy Correspondence
Communications
7.4. Police Service Board Request for Fortification By-Law - PSB Fortification By-Law
Moved By: Seconded By:
Proposed Resolution #6
THAT Council receives the correspondence from the Police Service Board regarding a
Fortification By-Law;
AND THAT the matter be referred to staff.
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Council Meeting – Agenda - 3 -
7.5. Police Service Board correspondence regarding vagrant grocery carts within the
Community - PSB Vagrant Shopping Carts
Moved By: Seconded By:
Proposed Resolution #7
THAT Council receives the correspondence from the Police Service Board regarding
vagrant grocery carts;
AND THAT the matter be referred to staff.
8. Mayor
8.1. MYR 15-07 Update - County of Oxford
MYR 15-07
Moved By: Seconded By:
Proposed Resolution #8
THAT Council receives Report MYR 15-07 as information.
9.Reports from Departments
9.1. Chief Administrative Officer
9.1.1. CAO 15-09, Moose Power Inc. Request for Council Resolution in Support of
Rooftop Solar Applications Under the Provincial Feed-In Tarrif (FIT) Program
CAO 15-09
Moved By: Seconded By:
Proposed Resolution #9
WHEREAS the Province's FIT Program encourages the construction and
operation of rooftop solar generation projects (the "projects");
AND WHEREAS one or more Projects may be constructed and operated in the
Town of Tillsonburg;
AND WHEREAS pursuant to the rules governing the FIT Program (the "FIT
Rules"), Applications whose Projects receive formal support of Local
Municipalities will be awarded Priority Points, which may result in these
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Council Meeting – Agenda - 4 -
Applications being offered a FIT Contract prior to other persons applying for FIT
Contracts;
NOW THEREFORE the Council of the Town of Tillsonburg supports without
reservation the construction and operation of Projects in the Town of Tillsonburg.
This resolution's sole purpose is to enable the participants in the FIT Program to
receive priority points under the FIT Program and may not be used for the
purpose of any other form of municipal approval in relation to the Application or
Projects or any other purpose;
AND THAT this resolution shall expire on June 22, 2016.
9.2. Clerk’s Office
9.2.1. CL 15-18, Physician Recruitment & Retention Appointment
CL 15-18
Chamber Appointment
Terms of Reference Physician Recruitment
Moved By: Seconded By:
Proposed Resolution #10
THAT Council appoint Lance Scott to represent the Tillsonburg Chamber of
Commerce as a member of the Physician Recruitment & Retention Committee;
AND THAT the Terms of Reference for the Physician Recruitment & Retention
Committee be adopted.
9.3. Development and Communication Services
9.3.1. Report DCS 15-27 Community Improvement Plan Application – 137 Rolph St
Report DCS 15-27 Community Improvement Plan Application 137 Rolph St
Application-137 Rolph St
Moved By: Seconded By:
Proposed Resolution #11
THAT Council receive Report DCS 15-27 Community Improvement Plan
Application – 137 Rolph St;
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Council Meeting – Agenda - 5 -
AND THAT the Community Improvement Plan Application for the 137 Rolph St
property be approved including rebates for applicable building permit fees;
AND THAT a By-law be brought forward to authorize the rebate for Council
consideration.
9.3.2. Report DCS 15-25 Airport Hangar Land Lease
Report DCS 15-25 Airport Hangar Land Lease
Lease Agreement
Moved By: Seconded By:
Proposed Resolution #12
THAT Council receive Report DCS 15-25 Airport Hangar Land Lease;
AND THAT the Mayor and Clerk be authorized to enter into a lease agreement
with Jeff Miller for the construction of a 4,096 square foot hangar at the
Tillsonburg Regional Airport for a twenty (20) year term expiring on December
31, 2035 subject to the terms and conditions contained within the lease
agreement;
AND THAT a By-Law be brought forward for Council consideration.
9.4. Finance
9.4.1. FIN 15-28 RFP Results - Legal Services
FIN 15-28 RFP Results -Legal Services
Moved By: Seconded By:
Proposed Resolution #13
That Council receives report FIN 15- 28 RFP Results – Legal Services.
AND THAT Council award RFP 2015-001 to Duncan, Linton, LLP of Waterloo,
Ontario at an hourly rate of $225 per hour (excluding HST), the highest scoring
proposal received, effective for a term of three years beginning July 1, 2015 with
an option to extend the term for an additional two years.
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Council Meeting – Agenda - 6 -
9.5. Operations
9.5.1. OPS 15-19 Results for Tender #T2015-008 Tree Trimming and Removal
OPS 15-19 Results for Tender #T2015-008 Tree Trimming and Removal
Moved By: Seconded By:
Proposed Resolution #14
THAT Council receive Report OPS 15-19, Results for Tender #T2015-008 Tree
Trimming and Removal;
AND THAT Council award Tender #T2015-008 to Davey Tree Expert Co. of
Ancaster, Ontario, the lowest bid received satisfying all Tender requirements, for
an upset limit budget of $33,000.
9.6. Recreation, Culture & Park Services
9.6.1. PRS 15-27 Green Energy Act Reporting 2015
PRS 15-27 Green Energy Act Reporting 2015
Briefing Note
Memorandum
Moved By: Seconded By:
Proposed Resolution #15
THAT Council receives Report PRS 15-27 Green Energy Act Reporting 2015 for
information;
AND THAT The Town of Tillsonburg sole-source contract with I.B. Storey Inc. to
conduct a Detailed Engineering Study of the Tillsonburg Community Centre
subject to approval of a 100% IESO funding grant application;
AND THAT Council approves submission of the Energy Consumption and GHG
Emissions report for 2013 to the Province to meet legislated reporting
requirements.
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9.6.2. RCP 15-28 Children’s Recreation Program Fee Subsidy Contract 2015-2018
RCP 15-28 Children’s Recreation Program Fee Subsidy Contract 2015-2018
Service Contract
Moved By: Seconded By:
Proposed Resolution #16
THAT Council receives Report RCP 15-28 Children’s Recreation Program Fee
Subsidy Contract 2015-2018;
AND THAT the Town of Tillsonburg enters a three-year agreement with the
County of Oxford to provide subsidized recreation programs;
AND THAT Council authorizes the Mayor and Clerk to sign the Service Contract.
10. Staff Information Reports
10.1. FIN 15-27 Liability for Presumptive Claims Under the Workplace Safety and
Insurance Act
FIN 15-27 Liability for Presumptive Claims under WSIB
Moved By: Seconded By:
Proposed Resolution #17
THAT Council receive report FIN 15-27 Liability for Presumptive Claims Under
the Workplace Safety and Insurance Act as information.
11. Notice of Motions
12. By-Laws
By-Laws from the Meeting of Monday, June 22, 2015
Moved By: Seconded By:
Proposed Resolution #18
THAT By-Law 3922, To Authorize a Building Permit Fee Rebate for 137 Rolph
Street;
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Council Meeting – Agenda - 8 -
AND THAT By-Law 3923,To Enter into an Airport Hanger Land Lease Agreement
with Jeff Miller;
AND THAT By-Law 3921, To Confirm the proceedings of Council at its meeting
held on the 22nd day of June, 2015, be read for a first, second and third and final
time and that the Mayor and the Clerk be and are hereby authorized to sign the
same, and place the Corporate Seal thereunto.
13. Items of Public Interest
14. Adjournment
Moved By: Seconded By:
Proposed Resolution #19
THAT the Council Meeting of Monday, June 22, 2015be adjourned at _____ p.m.
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ATTENDANCE
Mayor Stephen Molnar Deputy Mayor Dave Beres
Councillor Maxwell Adam
Councillor Penny Esseltine Councillor Jim Hayes
Councillor Chris Rosehart
Councillor Brian Stephenson
Staff: David Calder, CAO Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Recreation, Culture and Parks Darrell Eddington, Director of Finance Jeff Bunn, Deputy Clerk
Regrets: Donna Wilson, Town Clerk
1. Call to Order
The meeting was called to order at 5:00 p.m.
2. Closed Session
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council move into Closed Session to consider:
1. a proposed or pending acquisition or disposition of land by the municipality or local board
(Memorial Park).
Carried.
Council recessed at 5:30 p.m.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Thursday, June 11, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
Minutes
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June 11, 2015 Council Meeting – Minutes - 2 -
The meeting was called back to order at 6:00 p.m.
3. Adoption of Agenda
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the Agenda as prepared for the Council meeting of Thursday, June 11, 2015, be
adopted.
Carried.
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest.
6. Adoption of Council Minutes of Previous Meeting
6.1. Minutes of the Meeting of May 25, 2015
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT the Minutes of the Council Meeting of May 25, 2015, be approved.
Carried.
6.2. Minutes of the Meeting of June 3, 2015
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT the Minutes of the Council Meeting of June 03, 2015, be approved.
Carried.
7. Delegations and Presentations
7.1. 2014 Draft Financial Statements
Presented by: Christine Scrimgeour
FIN 15-26 2014 Draft Financial Statements
2014 Town of Tillsonburg Draft Financial Statements
2014 Tillsonburg Sanitary Sewer Draft Financial Statements
2014 Tillsonburg Water Department Draft Financial Statements
2014 Tillsonburg Trust Fund Draft Financial Statements
2014 Town of Tillsonburg Independence Letter
2014 Town of Tillsonburg Management Letter
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June 11, 2015 Council Meeting – Minutes - 3 -
Christine Scrimgeour presented the 2014 Draft Financial Statements to Council.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receives report FIN15-26 2014 Draft Financial Statements;
AND THAT the Draft Financial Statements for the year ended December 31, 2014 be
approved;
AND THAT the 2014 Independence and Management Letters be received;
AND THAT the 2014 surplus of $62,671 be contributed to reserves.
Carried.
7.2. Cenotaph Additional Names (WWI & WWII)
Presented by: Robert Marsden
WWI and WW2 Names
Robert Marsden was in attendance representing the Tillsonburg Rotary Club.
Mr. Marsden requested that Council approves the Rotary Club’s request to place a new
plaque on the Town Centre Cenotaph, identifying the fallen soldiers from World War I
and II.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT the Rotary Club be granted permission to place a black plaque on the Cenotaph
recognizing the names of World War One & World War Two Tillsonburg Fallen Soldiers.
Carried.
7.3. Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area
Presented by: Deb Landon, Executive Director
CDR-15-19
Cover Letter-Tillsonburg
Municipal Funding Request
2015 Approved Budget - REV Apr2015
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Agency Programs 2014 - Final
Reunion Poster
Deb Landon was in attendance to share with Council the most recent activities of Big
Brother Big Sister of Ingersoll, Tillsonburg & Area.
Mrs. Landon shared the various initiatives that have been created to assist and serve
local, Tillsonburg children.
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receives the information provided by Big Brothers Big Sisters of Ingersoll,
Tillsonburg & Area as information;
AND FURTHER THAT the amount of $3000.00 be allocated to Big Brother Big Sister of
Ingersoll, Tillsonburg & Area from the Town of Tillsonburg 2015 budget.
Carried.
7.4. Moose Power Inc - FIT Program
Presented by: Scott McLorie, President
Moose Power Letter & Supporting Documentation
CDR-15-18
Scott McLorie was in attendance to share with Council the FIT Program.
Mr. McLorie also shared with Council Moose Power’s desire to continue servicing the
Town of Tillsonburg through the FIT Program.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT the material provided from Moose Power Inc. be received as information;
AND THAT the CAO be asked to report back to Council with a recommendation on
Moose Power’s request for Council’s consideration.
Carried.
7.5. 161st Tillsonburg Fair – DEPUTATION MOVED TO THE JUNE 22 MEETING
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June 11, 2015 Council Meeting – Minutes - 5 -
Presented By: Mike Dean, President & Frank Kemp, Vice-President
CDR-2015-17
The 161st Tillsonburg Fair deputation has been moved to the June 22, 2015 Council
meeting.
7.6. Tillsonburg Cultural Advisory Grant
Presented By: Deb Beard
Council Committee Request
Deb Beard was in attendance to speak to the Tillsonburg Cultural Advisory Grant
request in the amount of $200.00 to assist with the Canada Day Concert in Memorial
Park.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council approves the awarding of a Tillsonburg Cultural Advisory Grant in the
amount of $200.00 to The Tillsonburg & District Historical Society to assist with the
Canada Day Concert in Memorial Park.
Carried.
7.7. Tillsonburg Senior Centre
Presented By: Nancy Boutin
Senior Centre Request
Invite
Nancy Boutin was in attendance to share with Council an invitation to the Tillsonburg
Senior Centre 25th Anniversary Silver Celebration.
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives the Tillsonburg Senior Centre's event invitation as information.
Carried.
8. Information Items
8.1. Keep Hydro Public Correspondence
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June 11, 2015 Council Meeting – Minutes - 6 -
8.2. Town of Aurora Resolution Regarding Community Mailboxes
Council requested that the Director of Operations briefly speak to a Memorandum that
was circulated to Council during the meeting, regarding the most recent local activities
of Canada Post respecting Community Mailboxes.
8.3. Correspondence from THI
8.4. Township of Greater Madawaska Hydro One Rates Resolution
8.5. Oxford County Wardens Golf Tournament and Sponsorship Opportunity
Registration 2015
Sponsorship Options
The Chair called a recess from 7:50 p.m. to 8:00 p.m.
9. Reports from Departments
9.1. Chief Administrative Officer
9.1.1. CAO 15-09 Town Hall Project Steering Committee Appointments
CAO 15-09 Town Hall Steering Committee
Terms of Reference
Moved By: Councillor Adam Seconded By: Councillor Rosehart
THAT Council receives Report CAO 15-09 Town Hall Project Steering
Committee Appointments;
AND THAT Council appoint Mayor Stephen Molnar, Councillor Esseltine, Rick
Strouth, John Veldman, Andrew Gilvesy and Marty Klein as members of the
Town Hall Steering Committee.
Carried.
9.2. Development and Communication Services
9.2.1. DCS 15-24 Update on 253 Broadway Property
DCS 15-24 Update on 253 Broadway Property
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receive Report DCS 15-24 Update on 253 Broadway Property for
information purposes.
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June 11, 2015 Council Meeting – Minutes - 7 -
Carried.
9.3. Finance
9.3.1. Liability for presumptive claims under the Workplace Safety and Insurance Act
FIN 15-25 Liability for Presumptive Claims under WSIB
WSIB Liability Attachments
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receive report FIN 15-25 as information.
Carried.
9.4. Fire and Emergency Services
9.4.1. FRS 15-07 Fire Prevention Officer Business Case
FRS 15-07
FPO Business Case
Legislation Summary
A discussion took place regarding the need of another full time employee in the
Fire Department, given current operations and workload.
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receives report FRS 15-07 Fire Prevention Officer Business Case;
AND THAT Council authorizes the hiring of a Fire Prevention Officer for
Tillsonburg Fire & Rescue Services.
Defeated.
9.4.2. FRS 15-09 Fire Department Strategic Planning Committee Structure and Terms
of Reference
FRS 15-09
Strategic Planning Committee Term of Reference
Staff to bring forward an update in the form of a report on the status of the Fire
Department Strategic Planning Committee.
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June 11, 2015 Council Meeting – Minutes - 8 -
Moved By: Councillor Stephenson Seconded By: Councillor Rosehart
THAT Council receives report FRS 15-09 Fire Department Strategic Planning
Committee Structure and Terms of Reference;
AND THAT Council authorizes the Fire Chief to commence the recruitment
process for members for the Fire Services Strategic Planning Committee for
Council approval;
AND THAT Council approved the Fire Services Strategic Planning Committee
terms of reference attached.
Carried.
9.5. Operations
9.5.1. OPS 15-16 Results for Tender #T2015-010 Concrete Sidewalk and Curbing
OPS 15-16 Results for Tender #T2015-010 Concrete Sidewalk and Curbing
Articles of Agreement
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receive Report OPS 15-16, Results for Tender #T2015-010
Concrete Sidewalk and Curbing;
AND THAT Council award Tender #T2015-010 to Fortese Concrete Ltd. of
London, Ontario at a cost of $70,692.67 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT the Mayor and Clerk be authorized to sign all documents necessary
to award the tender to Fortese Concrete Ltd. for the concrete sidewalk and curb
& gutter construction.
Carried.
9.5.2. OPS 15-17 Results for Tender #T2015-009 Hot Mix Asphalt Paving
OPS 15-17 Results for Tender #T2015-009 Hot Mix Asphalt Paving
Articles of Agreement
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June 11, 2015 Council Meeting – Minutes - 9 -
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council receive Report OPS 15-17, Results for Tender #T2015-009 Hot
Mix Asphalt Paving;
AND THAT Council award Tender #T2015-009 to Permanent Paving Ltd. of
Woodstock, Ontario at a cost of $430,686.23 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT the Mayor and Clerk be authorized to sign all documents necessary
to award the tender to Permanent Paving Ltd. for hot mix asphalt paving.
Carried.
9.6. Recreation, Culture & Park Services
9.6.1. RCP 15-25 – Awarding Roofing Tenders
RCP 15-25 - Awarding Roofing Tenders
RFT 15-001A Elliott Fairbairn Form of Tender
FRT 15-001B Senior Centre Form of Tender
FRT 15-001C TCC Form of Tender
FRT 15-002A OPP Station Form of Tender
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receives Report RCP 15-25 – Awarding Roofing Tenders for
information;
AND THAT Council award Tender 15-001A for repairs to the Elliott Fairbairn roof
to LaFleche Roofing Ltd. for the tendered price of $ 55,900 (pretax);
AND THAT Council award Tender 15-001B for repairs to the Senior Centre roof
to H&N Roofing & Sheet Metal Ltd. for the tendered price of $ 120,625 (pretax);
AND THAT Council award Tender 15-001C for repairs to the Tillsonburg
Community Centre roof to H&N Roofing & Sheet Metal Ltd. for the tendered price
of $ 78,666 (pretax);
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June 11, 2015 Council Meeting – Minutes - 10 -
AND THAT Council award Tender 15-002A for replacement of the OPP Station
roof to Smith-Peat Roofing & Sheet Metal Ltd. for the tendered price of $153,600
(pretax).
AND THAT the Mayor and Clerk be authorized to sign all documents necessary
for the awarding of these Tenders.
Carried.
9.6.2. RCP 15-16 – Health Club Operational Report
RCP 15-16 - Health Club Operational Report
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receives Report RCP 15-16 – Health Club Operational Report for
information;
AND THAT staff prepare and issue a request for proposal for replacement cardio
equipment through purchase or lease within the approved budget.
Carried.
10. Notice of Motions
11. By-Laws
By-Laws from the Meeting of Thursday, June 11, 2015
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT By-Law 3918, to Authorize a Development & Building Permit Fee Rebate and an
Assessment Rebate Program for 31 Maple Lane;
AND By-Law 3919, to Authorize a Building Permit Fee Rebate for 46 Ridout Street West.
AND By-Law 3920, to confirm the proceedings of Council at its meetings held on the 11th
day of June, 2015, be read for a first, second and third reading and that the Mayor and the
Clerk be and are hereby authorized to sign the same, and place the Corporate Seal
thereunto.
Carried.
12. Items of Public Interest
13. Adjournment
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
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June 11, 2015 Council Meeting – Minutes - 11 -
THAT the Council Meeting of Thursday, June 11, 2015 be adjourned at 9:09 p.m.
Carried.
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1. Call to Order
The meeting was called to order 12:15 p.m.
2. Adoption of Agenda
Moved By: Councillor Hayes Seconded By: Councillor Adam
THAT the Agenda as prepared for the Council meeting of Tuesday, June 16, 2015, be
adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Tillsonburg Hydro Inc. Annual General Meeting
Moved By: Councillor Hayes Seconded By: Councillor Esseltine
THAT Council move into the Annual General Meeting of the Shareholder of Tillsonburg
Hydro Inc.
Carried
Council moved into the Annual Meeting of the Shareholder of Tillsonburg Hydro Inc.
at 12:16 p.m.
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Tuesday, June 16, 2015
12:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINUTES
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Council Meeting – Agenda - 2 -
4.1. Tillsonburg Hydro Inc. Annual General Meeting
THI AGM Agenda
Council moved back into regular Council session at 12:48 p.m.
5. Notice of Motions
6. By-Laws
By-Laws from the Meeting of Tuesday, June 16, 2015
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT By-Law 3920 To Confirm the proceedings of Council at its meeting held on the 16th
day of June, 2015 be read for a first, second and third and final reading and the Mayor and
the Clerk be and are hereby authorized to sign the same, and place the Corporate Seal
thereunto.
Carried
7. Adjournment
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT the Council Meeting of Tuesday, June 16, 2015, be adjourned at 12:50 p.m.
Carried
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COUNCIL REPORT
MAYOR’S OFFICE
Report Title: UPDATE –County of Oxford
Report No.: MYR 15-07
Author: Mayor Molnar
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22, 2015
Attachments:
RECOMMENDATION:
THAT Council receives report MYR 15-07 as information.
EXECUTIVE SUMMARY
The purpose of this report is to provide information regarding any reports and
recommendations from local representation at Oxford County Council.
CONSULTATION/COMMUNICATION
As a result of the effort to expand access to knowledge and information for Town Council
and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this
type of report will further satisfy mandates as reinforced in the Community Strategic Plan to
provide for a more accessible and open governance model.
INFORMATION
• A recommendation was approved, in accordance with County Purchasing Policy, to
provide for a limited scope of applicants for Water and Wastewater Billing Services,
which includes the Town of Tillsonburg and ERTH Corporation.
• County Council approved a revised Strategic Plan that will guide the direction of the County for the period 2015-2018. The Community Sustainability Plan is intended to
be incorporated into the comprehensive plan once it has received community-wide
input and approved (estimated as fall 2015).
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• Council approved (June 10, 2015) the 10 Year Housing Shelter Plan as required by
Ministry of Municipal Affairs and Housing. The comprehensive plan provides direction
for the advancement of access to appropriate and affordable housing options as
supported by various partnering agencies across Oxford including Tillsonburg.
• Public Works Report PW 2015-29 has awarded the tender for Phase 2 reconstruction
of Oxford Road 20 (North Street) to Elgin Construction at a cost of $ 2,479,116.05.
The project will commence in June 2015 with construction anticipated in July with expected completion in October. Additional work of the overall pre-approved
$5,475,000 plan, including storm water retention pond and sewer pumping station
will also commence this year for completion in 2016.
FINANCIAL IMPACT/FUNDING SOURCE
Whereas the material contained in this report is a summary of Oxford County information,
there is no direct impact on the finances of the Town of Tillsonburg as would require
approval by Municipal Council or direction from corporate staff.
APPROVALS:
Author: Mayor
Molnar Date: 6/22/15
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STAFF REPORT
CLERKS OFFICE
Title: Physician Recruitment & Retention Appointment
Report No.: CL 15-18
Author: DONNA WILSON,
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
JUNE 22, 2015
Attachments: PHYSICIAN RECRUITMENT & RETENTION COMMITTEE
TERMS OF REFERENCE
CHAMBER OF COMMERCE MEMBER RECOMMENDATION
RECOMMENDATION
THAT Council appoint Lance Scott to represent the Tillsonburg Chamber of Commerce as a
member of the Physician Recruitment & Retention Committee;
AND THAT the Terms of Reference for the Physician Recruitment & Retention Committee be
adopted.
EXECUTIVE SUMMARY
Council will recall that at the Council meeting of February 9th, 2015, Council appointed
members to The Physician Recruitment & Retention Committee. The committee at their
meeting in June determined that representation from the Tillsonburg Chamber of Commerce
would be appropriate and requested the Chamber of Commerce consider this at their next
meeting. The Chamber has recommended a Director of the Tillsonburg District Chamber of
Commerce, Lance Scott for appointment to the committee.
The current Terms of Reference for the Physician Recruitment & Retention Committee have
also been provided for council endorsement.
FINANCIAL IMPACT/FUNDING SOURCE
Funds are contained within the 2015 budget
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Physician Recruitment & Retention Committee
TERMS OF REFERENCE
Mandate:
To acknowledge the importance of physician recruitment to the Hospital, Town of Tillsonburg
and Physicians practicing in Tillsonburg. To plan and implement an integrated approach to
recruitment and retention, ensuring the commitment of the partners.
Goals for 2013-2018 Term:
Each member is responsible for providing regular reports to their constituency/sponsoring organization and for seeking support for strategies proposed by the Committee. Any action plan will clearly identify the responsibility of individual organizations. 1.0 Role of the Physician Recruitment & Retention Committee
1. Review current physician recruitment initiatives, identify strengths, opportunities and
barriers to successful recruitment. 2. Formulate action plans for recruitment, including numbers of physicians required.
3. Review successful initiatives elsewhere in Ontario, including proximal communities with
whom collaboration might make sense. 4. Educate the Committee membership and their sponsoring organizations on the issues of
physician recruitment in Ontario.
5. Educate the community on the physician resource shortage and the strategies of the Committee.
6. Identify sources and solicit resources to support the recruitment activities of the community, hospital and local physician practices. 7. Develop criteria for and monitor the use of these resources.
8. Monitor eligibility for Ministry of Health and Long Term Care Under-serviced Area Program.
2.0 Organization of the Committee:
The Committee should be composed of people representing each of the partners.
A cross section of people should attempt to be chosen in order to bring to the Committee relevant technical and professional expertise as well as strong advocacy, communication and
organizational skills.
The Committee shall meet at a minimum on a quarterly basis.
2.1 Town Committee Members will be appointed by Council. 2.2 The term of a Committee Member is four (4) years.
2.3 Additional members may be appointed throughout the term. 2.4 One member will be appointed by vote of the Committee at the first meeting of each term to chair the meetings for that term.
2.6 A Municipal staff person shall act as secretary to the Committee.
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3.0 Composition of the Committee
3.1 The Committee shall be composed of the following:
Mayor of the Town of Tillsonburg
Two (2) Town of Tillsonburg Councillors One (1) representative from the Town of Tillsonburg, Chief Administrative Officer Three (3) representatives from the Medical Staff Association
Chief of Staff, Tillsonburg District Memorial Hospital President, Tillsonburg District Memorial Hospital Chamber of Commerce representative 4.0 Meetings:
4.1 The Committee will hold a minimum of four (4) meetings a year. 4.2 The date and time of the regular meetings will be established at the first meeting of each
term.
4.3 Meetings will have a formal agenda. 4.4 Agendas and information packages, that will include the Minutes from the previous meeting,
will be sent (via mail, e-mail, or fax) to Committee Members prior to each meeting. 4.5 A majority of Committee Members will constitute quorum for the transaction of business.
5.0 Role of the Chair: The Chair is responsible for insuring the smooth and effective operation of the Committee and
its roles. This will include responsibility for: 5.1 Calling the meetings to order.
5.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as using a roundtable format.
5.3 Creating an Agenda in consultation with the Secretary.
5.4 Chairing the meetings. 5.5 Acting as spokesperson.
5.6 Representing the Committee on other committees when necessary.
5.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law.
6.0 Role of the Secretary:
The Secretary is responsible for insuring a complete up to date record for the Committee.
6.1 In liaison with the Chair, arrange date, time and venue for meetings. 6.2 In liaison with the Chair, set agendas and circulate to the members two business days prior
to the meeting. 6.3 Circulate draft minutes to the members. 6.4 Keep a complete up to date record of the committee minutes.
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7.0 Role of Members:
Membership on the Committee is a position of responsibility and requires a strong commitment
to the Terms of Reference. Committee members are required to:
7.1 Attend all regular scheduled meetings. Members are required to notify the Chair or the Secretary if they are unable to attend a meeting. 7.2 Review all information supplied to them.
7.3 Prepare information for use in the development of materials for the Committee. 7.4 Promote the role of the Committee. 7.5 Attend training as required to effectively perform their role as a Committee member.
7.6 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be
recorded in the Minutes of the meeting.
8.0 Reports to Council:
The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows:
8.1 Verbally by a Council representative. 8.2 Verbally by the Chair or the designated representative.
8.4 Written reports An annual report will also be submitted to Council at the beginning of each new year outlining
the Committee’s accomplishments in the previous twelve months.
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STAFF REPORT
DEVELOPMENT AND COMMUNICATION SERVICES
REPORT TITLE:
COMMUNITY IMPROVEMENT PLAN APPLICATION – 137 ROLPH ST
Report No.: DCS 15-27
Author: CEPHAS PANSCHOW
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22, 2015
Attachments:
RECOMMENDATION:
“THAT Council receive Report DCS 15-27 Community Improvement Plan
Application – 137 Rolph St;
AND THAT the Community Improvement Plan Application for the 137 Rolph St
property be approved including rebates for applicable building permit fees.”
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to provide building permit fee rebates
to the owner of the 137 Rolph St property in support of renovations being made to St
Mary’s Catholic Church. The renovations are valued at $1,354,755 and will result in rehabilitation of the facility. The application has been made in accordance with the
Dereham Forge Community Improvement Plan.
BACKGROUND INFORMATION
The 137 Rolph St property is owned by the Diocese of London and contains St Mary’s
Catholic Church. The investment is being phased in with the first phase being for various
maintenance and rehabilitation projects and the second phase being a minor expansion to
support an addition for an elevator as well as accessibility improvements.
A building permit for the first phase has been issued for the work and they are planning to
start construction in June with completion by the end of the year. Applications for the second phase of the project have been submitted and are scheduled to proceed in the near
future.
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The Dereham Forge Community Improvement Plan offers the following rebates to investors
who invest within the approved area:
Building Permit fees;
Development charges (if applicable);
Façade Improvement Loan;
Second Storey Residential Loan; and,
Assessment rebates.
The application has been made for Building fees only as that is the primary fee that affects
non-profit groups.
CONSULTATION/COMMUNICATION
The application and staff report have been reviewed with the Building/Planning and Finance Departments.
FINANCIAL IMPACT/FUNDING SOURCE
The Development and Communications Services budget (500) contains $10,000 in funding
for rebates under the Community Improvement Plan with $6,351 already released for other
projects. Pending projects include:
41 Broadway – Building permit fees paid of $4,114
31 Maple Lane – To Be Determined, estimated at up to $12,000
46 Rideout St W – To Be Determined, estimated at $7,000
The 137 Rolph St building permit is valued at $5,015.
If this application is approved, it is anticipated that the 2015 year end budget impact could
be up to $25,000 if all projects are rebated in the current year.
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STAFF REPORT
DEVELOPMENT AND COMMUNICATION SERVICES
REPORT TITLE: AIRPORT HANGAR LAND LEASE
Report No.: DCS 15-25
Author: ANNETTE MURRAY
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22,2015
Attachments: LEASE
RECOMMENDATION:
“THAT Council receive Report DCS 15-25 Airport Hangar Land Lease;
AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Jeff Miller for the construction of a 4,096 square foot hangar at the Tillsonburg
Regional Airport for a twenty (20) year term expiring on December 31, 2035
subject to the terms and conditions contained within the lease agreement.”
EXECUTIVE SUMMARY
The purpose of this report is to obtain Council approval for a land lease to enable the
construction of a new, 4,096 square foot hangar at the Tillsonburg Regional Airport, which
will support annual revenue of $1,288 as well as increased fuel sales/activity. BACKGROUND INFORMATION
Mr Miller is currently leasing space at the Tillsonburg Regional Airport and has expressed interest in having his own hangar. If approved, the hangar will be located along the west
side of the Airport in the General Aviation area and would be the 19th hangar constructed at
the airport.
As Council is aware, the construction of new hangars drives revenue at the airport through
both land lease and fuel fees. Increased revenue supports the Corporation’s goal of
decreasing the net levy requirement for Airport operations. In order to support this goal,
staff will continue their business development efforts both in terms of seeking out additional opportunities to expand the airport tenant base as well as potential partnership
opportunities.
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PROPOSED HANGAR LOCATION AND CONFIGURATION
CONSULTATION/COMMUNICATION
The lease agreement has been reviewed by Mandryk Stewart & Morgan and the proposed location has been developed in consultation with CJDL Engineering.
FINANCIAL IMPACT/FUNDING SOURCE
The lease has been calculated at a rate of $0.29 per square foot annually. Based on a
4,096 square foot hangar size, the proposed revenue will be $1,187.84 plus $100
Maintenance Fee plus HST annually. The tenant has agreed to pay to connect hydro service
to the hangar as well as any costs for lot grading if required. Property taxes are also paid
for by the tenant. In addition to this, the tenant would be required to pay an Airport
Infrastructure Fee of $500.
The land lease rate for hangars was approved by Council at their September 9, 2013
meeting date and is subject to an annual review.
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L E A S E
(AIRPORT – LAND LEASE FOR HANGAR)
Made this 22nd day of June, 2015. B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the “Lessor”)
- and -
JEFF MILLER
(hereinafter referred to as the “Lessee”) WHEREAS
The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7,
Concession 7 Dereham (the “Property”) in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the “Airport”), agricultural lands and
buildings ancillary to the use of the Airport.
The Lessee is desirous to lease from the Lessor a portion of the Property being 64 feet wide by 64 feet deep comprising of approximately 4,096 square feet as marked on Schedule “A” (the
“Premises”) to construct a new aircraft hangar (the Hangar”). The lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee.
In consideration of the covenants, agreements, warranties and payments herein set forth and provided
for, the Parties hereto respectively covenant and agree as follows:
1. GRANT OF LEASE
(1) The Lessor leases the Premises to the Lessee:
(a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and
(c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein.
(2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises
free from encumbrances except as disclosed on title.
2. RENT
(1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent.
(2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows
(the “Base Rent”): For every year of the Term, the total sum of $1,187.84 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other
applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If
the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st
day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion,
increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree
that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in
proportion to the additional square footage.
(3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party
pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional Rent”) whether or not specifically designated as such in this Lease.
(4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a
completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other
than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises:
(a) To pay as Additional Rent: business taxes, real estate taxes and licenses if applicable;
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(b) To pay $100.00 annually as Additional Rent for such expenses incurred by the
Lessor for the maintenance and servicing to the Airport. The Parties further agree that this amount may, in the Lessor’s sole and absolute discretion, be
increased annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada or its successor organization, for the previous
calendar year. The Parties agree that all increases in the Additional Rent by the Consumer Price Index shall be cumulative; and,
(c) To pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following:
(i) All utilities and services including, but not limited to, electricity, water,
sewage, natural gas and/or propane. The Lessee acknowledges that connection fees for utilities and services are entirely at the Lessee’s cost.
Further, the Lessee acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Lessor to
provide connections, utilities and/or services to the Premises or that the services and/or utilities can be extended to the Premises;
(ii) Snow removal and landscaping on the Premises including cutting the grass and weed control within one (1) metre of the Premises, if
applicable; and, (iii) All repair, service and maintenance to the Hangar including reasonable
wear and tear; (iv) To pay a one-time airport infrastructure fee of $500.
(5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing
to the Lessor in respect of the expenses payable by the Lessee as provided for herein;
(6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 2 (2).
(7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian
funds by bank draft, money order or cheque payable to the Lessor and shall be delivered to the Lessor at the Lessor’s address for service set out in Section 14 or to such other
place as the Lessor may from time to time direct in writing.
(8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or
made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Lessor’s bank plus two (2) per cent.
(9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent
provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the
Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor shall be considered as other than a partial payment on account of Rent owing and shall
not prejudice the Lessor’s right to recover any Rent owing.
3. TERMS AND POSSESSION
(1) The Lessee shall have possession of the Premises for a period of twenty years (the “Term”), commencing on the 1st day of September, 2015 and ending on the 31st day of
December, 2035.
(3) Subject to the Lessor’s rights under this Lease, and as long as the Lessee is in good standing, the Lessor covenants that the Lessee shall have quiet enjoyment of the
Premises during the Term of this Lease without any interruption or disturbance from the Lessor or any other person or persons lawfully claiming through the Lessor.
4. ASSIGNMENT
(1) The Lessee shall not assign this Lease or sublet the whole or any part of the Premises
unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written
acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any
present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Premises without the Lessor’s consent.
(2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver
of the necessity for consent to any subsequent assignment or subletting.
(3) Any consent given by the Lessor to any assignment or other disposition of the Lessee’s interest in this Lease or in the Premises shall not relieve the Lessee from his obligations
under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein.
Lessor’s Initials __________ Lessee’s Initials __________
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(4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall
sign a guarantee to be bound by the terms of this Lease. 5. USE
(1) During the Term of this Lease the Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the
express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this
Lease.
(2) The Lessee shall not do or permit to be done at the Premises anything which may:
(a) Contravene the tenant policy as established by the Lessor from time to time. ; (b) Cause damage to the Premises;
(c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises;
(e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed,
Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be
stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If
any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee’s,
or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Articles 5(2)(e) or as a result of the septic bed
system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall
indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order.
(3) The Lessee shall:
(a) Not interfere in the use of the Airport or any other use of the Property. The
Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that
there are other lessees and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or
allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other
lessee or any user of the Airport who are acting reasonably; (b) Comply with all federal and provincial transportation guidelines, regulations,
rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and
related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the
exception of fuel or necessary aircraft related products; (h) Notify the Lessor of any public activities and/or events no less than thirty (30)
days before such activity and/or event with approval by the Lessor, in their sole and absolute discretion and such approval not to be unreasonably withheld;
(i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee’s contractors, employees, agents, customers and invitees; and,
(j) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport
leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the
Hangar as agreed between the Parties.
(5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows:
(a) The dimensions of the Hangar shall be 64 feet by 64 feet for a total of 4,096 feet;
(b) The style of the Hangar shall be either a pole barn style building or a metal frame building;
Lessor’s Initials __________ Lessee’s Initials __________
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(c) The siding, siding colour, roof colour and height of the building will be maintained
in accordance with current Airport standards as approved by the Lessor; (d) Any construction and or renovation shall comply with all applicable building code
standards and by-laws of the municipality in which the Premises are located including the Township of South West Oxford and any federal or provincial
statutes, rules or regulations; (e) Prior to the commencement of construction, the Lessee shall submit, at its sole
cost, a site plan and drainage/grading plan which includes, but not limited to, the information required in this article 5(5) of this Lease and the proposed floor
elevation, which all shall be subject to the approval of the Lessor; (f) The Lessee agrees to maintain the lot grading during construction and erection of
the Hangar and shall comply with the lot grading and drainage requirements of the Property, Lessor and the Township of South-West Oxford, as approved by the
Lessor, in their sole and absolute discretion, and at the sole cost of the Lessee; (e) Obtain all necessary permits, as applicable, at the expense of the Lessee; and,
(f) The Lessee shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Lessor responsible for
any such costs.
(6) The Lessor acknowledges that it has granted access to the Lessee for the Lessee to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport.
Further, the Lessor hereby grants to the Lessee, its successors and assigns, free and uninterrupted access in, over, upon, across or through the hangar apron area, defined as
sixteen point five (16.5) metres at the front and rear of the Hangar. The Lessor grants to the Lessee the right to enter upon the hangar apron area at all times and to pass and
repass thereon as may be required by the Lessee, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles,
equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable, in the sole and absolute discretion of the Lessor,
surface treatment to the hangar apron. Any cost of installing, removing, maintaining, replacing and/or reconstructing the hangar apron shall be at the sole expense of the
Lessee without contribution of the Lessor. The Lessee covenants that it shall not conduct such work to the hangar apron without first obtaining the consent of the Lessee and such
consent shall not be unreasonably withheld. The Lessee hereby releases the Lessor from any and every claim which may or might arise out of the proper exercise by the Lessee of
any of the rights granted herein.
6. REPAIR AND MAINTENANCE
(1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations
and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be
responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor’s, or its agents, contractors and employees, negligence
and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises.
(2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the
Premises to examine the condition thereof and view the state of repair at reasonable times:
(a) and if upon such examination repairs are found to be necessary, written notice of
the repairs required shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the
notice; and,
(b) if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be
permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss,
damage or inconvenience to the Lessee in connection with the Lessor’s entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of
them immediately as Additional Rent.
(3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good
repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to
the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or
upon termination of this Lease if the Lessee is in arrears of any rent whatsoever the Lessee agrees that the Lessor shall be permitted to register such lien on the Hangar
under the Personal Property Security Act and possession of the Hangar will not be obtained by the Lessee until the lien is paid in full with all accrued interest and legal fees.
Lessor’s Initials __________ Lessee’s Initials __________
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(4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause.
(5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage,
including damage to property or personal injury, as a result of the Lessee’s use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law,
equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may
claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee’s use (including storage) of the Hangar, Airport or
Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk.
(6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or
by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or
employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees.
7. ALTERATIONS AND ADDITIONS
(1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make
any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional
equipment of the Lessee’s business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all
alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises
are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations.
(2) The Lessee shall be responsible for and pay the cost of any alterations, additions,
installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises.
(3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or
any other person on the Lessee’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the
Lessor’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected
unless it has been approved in every respect by the Lessor in writing.
(4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be
registered against the Lessor’s property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee.
(5) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all
additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(6) The Lessee shall not bring onto the Premises or any part of the Premises any machinery,
equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the
Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises.
8. INSURANCE
(1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at
all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or
corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and
Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or
damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or
licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary.
(2) The Lessee shall carry insurance in his own name insuring against the risk of damage to
the Lessee’s property and the Hangar within the Premises caused by fire or other perils.
Lessor’s Initials __________ Lessee’s Initials __________
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(3) The Lessee shall carry such public liability and property damage insurance including
personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Premises and Lessee’s occupation
of the Premises.
(4) All insurance policies in this Section 8 including this Article shall name the Lessor, where applicable, as an insured and loss payee and the policy shall include a cross-liability
endorsement.
(5) Upon demand of the Lessor, the Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Lessor. If any policy of
insurance is canceled the Lessee shall inform the Lessor without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as
set out in this Section 8. 9. ACTS OF DEFAULT AND LESSOR’S REMEDIES
(1) An Act of Default has occurred when:
(a) The Lessee has failed to pay Rent for a period of 45 consecutive days from the date that payment has been requested by the Lessor;
(b) The Lessee has breached his covenants or failed to perform any of his
obligations under this lease for a period of 45 consecutive days plus:
(i) The Lessor has given ten (10) days notice specifying the nature of the default and the steps required to correct it; and,
(ii) The Lessee has failed to correct the default as required by the notice;
(c) The Lessee has:
(i) Become bankrupt or insolvent or made an assignment for the benefit of creditors;
(ii) Had its property seized or attached in satisfaction of a judgment; (iii) Had a receiver appointed;
(iv) Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the
Lessor’s property; or, (v) Taken action with a view to dissolution or liquidation;
(d) Any insurance policy is canceled or not renewed by reason of the use or
occupation of the Premises, or by reason of non-payment of premiums;
(e) The Premises:
(i) Has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that
the terms “vacant and “unoccupied” shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or
equipment in the Hangar; or, (ii) Is used by any other person or persons, or for any other purpose than as
provided for in this Lease without the written consent of the Lessor.
(2) When an Act of Default on the part of the Lessee has occurred: (a) The current year’s rent together with the next years’ rent shall become due and
payable immediately; and, (b) The Lessor shall have the right to terminate this Lease and to re-enter the
Premises and deal with them as he may choose.
(3) If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease and re-enter the Premises prior to the end of the Term, the Lessee shall
nevertheless be liable for payment of Rent and all other amounts payable by the Lessee in accordance with the provisions of the Lease until the Lessor has re-let the Premises or
otherwise dealt with the Premises in such manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the Lessee agrees to be liable to the
Lessor, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any
new Lessee pays to the Lessor.
(4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease
and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such
rectification to the Lessee and to recover the costs as Rent.
Lessor’s Initials __________ Lessee’s Initials __________
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(5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise
the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against
the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been
waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale:
(a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days’ notice (the “Notice”) in
writing to the Lessee and, at the Lessee’s option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the
Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the
Lessor pays to the Lessee a bonus of $500.00. For the purposes of this Article and Articles 10(3) and 10(4) fair market value shall be determined as of the date
of the issuing of the Notice.
(2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is
agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and
conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding
tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles 6(3) and 7(5) of this Lease.
(3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the
Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the
“Notice”) if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected
by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon
the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00.
(4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the
Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The
Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that
the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Lessee covenants that it will not sell the Hangar, or any part thereof, to
any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in
writing (the “Third Party Offer”) the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer
and the Lessor shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If
the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee’s interest in the Hangar on the same
terms and conditions, or more favourable terms to the Lessee at the Lessor’s discretion, as contained in the Third Party Offer (the “Lessor’s Offer”). If the Lessor exercises its
Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor’s Offer. If the Lessor does not exercise
its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any
modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this
paragraph, if the Lessee is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate
shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject
to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the
Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new
term.
Lessor’s Initials __________ Lessee’s Initials __________
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11. ACKNOWLEDGMENT BY LESSEE
(1) The Lessee agrees that he will at any time or times during the Term, upon being given at
least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying:
(a) That this Lease is unmodified and is in full force and effect (or if modified
stating the modifications and confirming that the Lease is in full force and effect as modified);
(b) The amount of Rent being paid; (c) The dates to which Rent has been paid;
(d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and,
(f) Particulars of any sub tenancies.
12. SUBORDINATION AND POSTPONEMENT
(1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate
to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other
form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor’s interest in the property.
(2) Upon the request of the Lessor the Lessee will execute any form required to subordinate
this Lease and the Lessee’s rights to any such charge, and will, if required, attorn to the holder of the charge.
(3) No subordination by the Lessee shall have the effect of permitting the holder of any
charge to disturb the occupation and possession of the Premises by the Lessee as long as the Lessee performs his obligations under this Lease.
13. RULES AND REGULATIONS
The Lessee agrees on behalf of itself and all persons entering the Premises with the Lessee’s authority or permission to abide by such reasonable rules and regulations of the Airport and/or
Property which shall form part of this Lease and as the Lessor may make and/or amend from time to time.
14. NOTICE
(1) Any notice required or permitted to be given by one party to the other pursuant to the
terms of this Lease may be given
To the Lessor at: Tillsonburg Regional Airport
Att: Airport Administrator 244411 Airport Rd
South-West Oxford, On N4G 4H1
Fax: 519-842-3445
To the Lessee at the Premises or at:
Jeff Miller 157 South Street
Woodstock, On N4S 3L3
Tel: 519-854-4573
(2) The above addresses may be changed at any time by giving ten (10) days written notice.
(3) Any notice given by one party to the other in accordance with the provisions of this Lease
shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed.
15. REGISTRATION
The Lessee shall not at any time register notice of or a copy of this Lease on title to the property
of which the premises form part without consent of the Lessor.
Lessor’s Initials __________ Lessee’s Initials __________
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16. INTERPRETATION
(1) The words importing the singular number only shall include the plural, and vice versa,
and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa.
(2) Unless the context otherwise requires, the word “Lessor” and the word “Lessee”
wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Lessor and Lessee, respectively.
(3) When there are two or more Lessees bound by the same covenants herein contained,
their obligations shall be joint and several.
17. MISCELLANEOUS
(1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in
common and unreserved.
(2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound
by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further
agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under
the terms of the Lease which include but are not limited to:
(a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises;
(c) Subleased the Premises without the authorization of the Lessor, acting reasonably;
(d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5.
(3) This Lease, including any Schedule attached, shall constitute the entire agreement
between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein.
(4) In the event that any clause herein should be unenforceable or be declared invalid for
any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid
portions shall be severable from the remainder of this Lease.
(5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of
Oxford, Ontario.
(6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice.
(7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed
that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties
have participated in the preparation hereof.
(8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in
connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless
executed in writing by the Parties.
(9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or
promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are
being offered to the Lessee in an “as is” condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains
possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar.
Lessor’s Initials __________ Lessee’s Initials __________
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In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease.
__________________________________ Lessor
Stephen Molnar, Mayor The Corporation of the Town of Tillsonburg
I have authority to bind the Corporation.
__________________________________ Lessor
Donna Wilson, Clerk The Corporation of the Town of Tillsonburg
I have authority to bind the Corporation.
Per:
____________________ _________________________
Witness I have authority to bind the Corporation
____________________ _________________________
Witness I have authority to bind the Corporation
APPENDIX A - THE “PREMISES”
Lessor’s Initials __________ Lessee’s Initials __________
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STAFF REPORT
FINANCE
Report Title: RFP Results – Legal Services
Report No.: FIN 15- 28
Author: Darrell Eddington
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22, 2015
Attachments:
RECOMMENDATION:
That Council receives report FIN 15- 28 RFP Results – Legal Services.
AND THAT Council award RFP 2015-001 to Duncan, Linton, LLP of Waterloo, Ontario at an hourly rate of $225 per hour (excluding HST), the highest scoring proposal received,
effective for a term of three years beginning July 1, 2015 with an option to extend the term
for an additional two years.
EXECUTIVE SUMMARY
A Request for Proposal (RFP), RFP 2015-001, Legal Services, was issued to acquire
proposals to consolidate and obtain competitive quotes for legal services. The Town has not
previously gone to market for legal services and in accordance with the purchasing by-law,
it was appropriate to go out with an RFP process to obtain competitive bids. The RFP was advertised on the Tillsonburg website, on Biddingo, and was sent to the Town’s current
legal providers. A total of ten (10) valid proposals were received that could provide a full
suite of legal services. There were in addition six (6) proposals received limited to
employment/human resources legal services.
A committee comprised of the CAO, the Director of Recreation, Parks and Culture, the Clerk
and the Director of Finance reviewed and scored the ten proposals utilizing the scoring tool
that was included in the RFP. Of the ten proposals, three proposals were selected for an
interview/presentation. The committee reviewed and scored the three proposals and presentations as follows:
Corporate Profile 5%
Qualifications 35% Approach/Work Plan/Customer Service 10%
Fee Schedule 35%
Interview 15%
Total Score 100%
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The proposed fee of the ten proposals varied from $225 per hour to $450 per hour. The
scoring results from the Evaluation Committee are summarized as follows:
Proponent Total Score
1. Duncan, Linton 90.00%
2. Siskinds 85.83%
3. Miller Thomson 78.67%
Duncan, Linton has provided a series of value added services at no charge, such as Council orientation, education and training sessions for staff, seminar, monthly solicitor meetings,
and on demand access and initial inquiries where there is no charge for initial calls that
request advice and directions. Duncan, Linton estimates the annual value of these no charge services to be approximately $20,000. Currently, the Town’s solicitors would
generally charge for such services.
CONSULTATION/COMMUNICATION
References have been checked for Duncan, Linton. All comments were positive and Duncan, Linton was highly recommended.
FINANCIAL IMPACT/FUNDING SOURCE
Hourly legal rates paid in 2014 ranged from $250 to $375 and legal fees paid in 2014 for
the Town’s three legal firms aggregated approximately $87,000. Staff anticipates that while
savings will begin immediately, the 2016 budget will reflect the overall savings from this
RFP.
Page 2 / 2 CAO
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STAFF REPORT
OPERATIONS SERVICES
Report Title: Results for Tender #T2015-008 Tree Trimming and
Removal
Report No.: OPS 15-19
Author: Kevin De Leebeeck, P. Eng., Director of Operations
Meeting Type: REGULAR COUNCIL
Council Date: JUNE 22, 2015
Attachments: NONE
RECOMMENDATION
THAT Council receive Report OPS 15-19, Results for Tender #T2015-008 Tree Trimming and Removal;
AND THAT Council award Tender #T2015-008 to Davey Tree Expert Co. of
Ancaster, Ontario, the lowest bid received satisfying all Tender requirements, for
an upset limit budget of $33,000. SUMMARY
Tenders were called for the supply of labour and equipment to provide tree trimming
and removal services on an as needed basis with a total of two (2) bids received before
the official bid closing time on May 22nd 2015. The other two (2) bids were received after the official bid closing time and were therefore disqualified and returned to the
bidders.
The annual tree trimming and removal work is necessary to ensure the health of the
Town’s tree inventory and to ensure any hazardous conditions are addressed to safeguard Town and private property as well as reduce any associated risk and liability.
The tender was advertised on the Town’s website, in the Tillsonburg News and online at
Biddingo.com. The tender prices were based on an hourly rate to perform the specified
works as summarized below:
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Tree Tree Stump
Bidder Trimming Removal Grinding
1. Davey Tree Expert Co. $132.11/hr $132.11/hr $97.10/hr
2. Tabor’s Tree Service $290.00/hr $480.00/hr $471.00/hr
3. Ontario Line Service DSQ DSQ DSQ
4. Dan’s Tree Service DSQ DSQ DSQ
FINANCIAL IMPACT/FUNDING SOURCE
The 2015 approved maintenance budget for this work is $33,000.00 therefore any assigned work is not to exceed this upset limit.
Page 2 / 2
75
STAFF REPORT
RECREATION, CULTURE & PARKS
Title: Green Energy Act Reporting 2015
Report No.: RCP 15-27
Author: Rick Cox, Director Of Recreation, Culture & Parks
Meeting Type: COUNCIL MEETING
Council/Committee Date: JUNE 22, 2015
Attachments: • ENERGY DATA SPREADSHEET
• BRIEFING NOTE
RECOMMENDATION
THAT Council receives Report RCP 15-27 Green Energy Act Reporting 2015;
AND THAT The Town of Tillsonburg sole-source contract with I.B. Storey Inc. to
conduct a Detailed Engineering Study of the Tillsonburg Community Centre subject to
approval of a 100% IESO funding grant application;
AND THAT Council approves submission of the Energy Consumption and GHG
Emissions report for 2013 to the Province to meet legislated reporting requirements.
EXECUTIVE SUMMARY
Bill397/11 Green Energy Act requires that municipalities must report natural gas
and hydro consumption for all facilities where the municipality pays the utility bills. By July 1, 2015, municipalities must report 2013 consumption.
BACKGROUND
Regulation 397/11 of the Green Energy Act (2009) requires public agencies including
municipalities to prepare, publish, make available and implement energy conservation and demand management plans. In addition, there is an annual July 1 deadline by
which municipalities must publish on their website certain prescribed energy
consumption information. This year the requirement is for publishing consumption data
from 2013. Town staff has compiled all of the necessary data facility energy use for
2013 and are using software provided by AMO/LAS to manage the reporting. The next target deadline is July 1, 2016 at which time 2014 consumption data must be published.
In 2014, Council approved a five-year Energy Conservation Plan for the Town of
Tillsonburg. The plan has a Vision, Goals and Overall Target summarized below:
Vision: The Town of Tillsonburg Council and Senior Management commits to an ongoing energy
management reduction program to reduce utility use and future consumption. All Town
of Tillsonburg staff will be aware of the importance of energy reduction and be able to suggest ideas to improve performance. When purchasing new equipment energy
efficiency will be considered a priority as part of the selection process. Regular funding
PRS 15-27 Green Energy Act Reporting 201 1/3
76
will be contributed through capital planning to undertake these goals and consideration giving to a revolving fund where energy savings are returned to fund future projects.
Staff will work with utility companies and suppliers to take advantage of rebates and new
technology. Staff will keep abreast of best practices by attending seminars and networking with other facility operators in the province. These measures will improve the
overall quality of life for residents and stakeholders by mitigating future cost escalation and reducing greenhouse gas production. Goals
Town of Tillsonburg staff will create and maintain a culture of conservation to ensure the following: 1. Reduce future overall costs (cost avoidance) with reductions in utility use.
2. Create a more sustainable environmental footprint for residents by reducing greenhouse gas production.
3. Lead by example to demonstrate a responsible use of natural resources while still
maintaining comfortable facilities for all users. Overall Target
Town of Tillsonburg staff will endeavour to reduce energy consumption by 1 to 2 per cent
per annum between 2014 and 2020. This matrix will factor in degree day data to ensure the actual savings is relative to the baseline data.
Detailed Engineering Study
The Tillsonburg Community Centre is the single largest utility consumption location within the Town’s facility portfolio, so consumption management projects at that facility have the largest potential impact on the Town’s utility costs. Proceeding with a Detailed
Engineering Study (DES) is a recommended approach as it would provide the Town
with detailed analysis of potential energy savings, detailed engineering drawings, and
Scope of Work documents that would facilitate desired upgrades at no out of pocket expense. Streamlined funding opportunities exist through program offerings of the Independent Electricity System Operator (IESO) that provide incentives to cover both
the cost of the initial engineering study (DES) as well as incentives for project
implementation.
Staff recommends sole-source contracting with I.B. STOREY - Professional Energy Solutions Inc. to prepare and submit an application for the funding incentive, and if
successful, carry out the DES on the Tillsonburg Community Centre. This company has
a proven track record of success in securing IESO grants to carry out the DES and
provides energy engineering services to a variety of clients across Canada and the US. With over a decade of experience serving the institutional, commercial and industrial sectors exclusively, I.B. Storey places a strong focus on helping clients manage energy
costs impacts effectively and efficiently, with an emphasis on optimizing existing
facilities.
CONSULTATION/COMMUNICATION
• Town staff have attended workshops and seminars on energy management and
networked with AMO and their energy auditors to meet the requirements Green Energy Act.
• Town staff is tracking projects to demonstrate the benefits of energy management and share the impact of these operational changes.
• Staff has networked with other peers in the field to share ideas and attempt to emulate best practices to achieve efficiency.
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FINANCIAL IMPACT
The cost of the Detailed Engineering Study (DES) is capped at $48,000 before taxes.
An application to the IESO for 100% funding of this cost will be submitted and the work will proceed if the application is successful. The net cost to the municipality for the DES
is $0.
The outcome of the DES will include recommendations for capital projects at the
Complex to reduce energy consumption. These projects will require funding for implementation and will be brought forward to Council through the regular budget
process. Incentives, grant programs, and savings from energy cost reductions will need
to be considered as funding sources to reduce and recover the capital costs.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report supports the following CSP priorities:
1.1 Demonstrate excellence in local government initiatives
1.3 Demonstrate accountability
4.3 Improve mobility and promote environmentally sustainable living
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PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY
TILLSONBURG COMMUNITY CENTRE
45 HARDY AVENUE, TILLSONBURG, ONTARIO
JUNE 12, 2015
VERSION 1.0
PROJECT
BRIEFING
Prepared by:
I.B. Storey Inc.
Ontario Office:
400 Applewood Cres., Suite 100
Vaughn, ON L4K 0C3
Phone: 416-800-1482
Fax: 647-438-5707
Email: info@ibstorey.ca
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TOWN OF TILLSONBURG
PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 2
Professional Energy Solutions Version 1.0
PROJECT BRIEFING
This project briefing is a follow-up to subsequent site visit between I.B. Storey Inc. and the Town of
Tillsonburg at the Tillsonburg Community Centre regarding a Detailed Engineering Study. The Town of
Tillsonburg Community Centre is interested in having the refrigeration system and facility wide heating
and dehumidification systems studied to identify system energy improvements, determine current
operation and efficiencies, and provide recommendations on preliminary opportunities identified.
Additionally, funding opportunities exist through program offerings of the Independent Electricity
System Operator (IESO) that would both provide incentives for implementation as well as funding to
cover the cost of the detailed study. The purpose of this briefing is to outline the process along with the
anticipated improvements to be investigated and pursued.
Why Execute a Detailed Engineering Study
Proceeding with a Detailed Engineering Study is a recommended approach as it would provide the
facility with detailed energy savings (±10%), detailed engineering drawings, and Scope of Work
documents that would facilitate desired upgrades at no out of pocket expense. Streamlined funding
opportunities exist through program offerings of the Independent Electricity System Operator (IESO)
that would both provide incentives to cover both the cost of the initial engineering study (Detailed
Engineering Study) as well as incentives for project implementation. I.B. Storey Inc. is highly
experienced in the complexities and intricacies of executing a DES that is in accordance with all IESO
requirements and regulations. On behalf of our clients, I.B. Storey Inc. has completed numerous
Detailed Engineering Studies that have all been approved and fully funded by the IESO. Our highly
experienced team is adept at developing realistic solutions that are in accordance with our client’s
internal policies and mandates.
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TOWN OF TILLSONBURG
PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 3
Professional Energy Solutions Version 1.0
PROJECT OBJECTIVES
If pursued, this project would address and prepare Tillsonburg Community Centre to achieve the
following goals;
Tillsonburg Community Centre How this will be achieved:
Achieve Energy Savings
This is an inherent feature of pursuing this project. Significant Energy
savings are anticipated to be achieved from the Preliminary Opportunities
noted below.
Operational & Maintenance
Cost Reductions
The Detailed Engineering Study will not only provide energy savings but by
incorporating newer technologies, reduced maintenance and operational
costs will also occur.
Reliability & Redundancy
As an often overlooked benefit to any energy-efficiency improvement
project, reliability of equipment is always improved when equipment
becomes more-lightly loaded/or taxed. Redundancy and back-up options
will also be investigated.
PRELIMINARY OPPORTUNITIES
The following opportunities were identified by I.B Storey Inc. as they pertain to Tillsonburg Community
Centre and will be investigated as part of this study:
• Feasibility of a new high efficiency, ammonia industrial grade packaged refrigeration skid-
located in a new outdoor enclosure, the new system will be equipped with a state of the art,
robust DDC refrigeration controller for maximum efficiency and programming abilities.
• Evaluate Banquet Room air curtain –install interlock system for the Banquet Room door resulting
in improved temperature control in the summer
• Adjustments to studio ice sheet – replace with artificial ice and refrigerate the zone to improve
customer experience
• Install Enerworks Solar Panel system – optimize heating for the pool utilizing alternative sources
with solar thermal panel installed for the roof above the pool deck. Heat Recovery will also be
explored to determine most financial attractive approach.
Tie in for heating and refrigeration systems- use waste heat to offset energy use for
dehumidification for the arena AND pool zones (air and water) while incorporating
overcool/reheat dehumidification strategy for maximum savings.
• Install Turbidity meters and flow measurements- opportunity to reduce current pumping usage
Preliminary electricity savings for the above opportunities are projected at 539,955 kWh, with
annual savings approaching $100,000 including electricity and natural gas.
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TOWN OF TILLSONBURG
PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 4
Professional Energy Solutions Version 1.0
PROJECT DELIVERABLES
The following outlines the associated project deliverables.
Detailed Engineering Study
The Detailed Engineering Study will investigate and quantify a number of energy saving opportunities
with respect to the chilled water system at the plant. These changes will be evaluated from a technical
feasibility and logistics standpoint, along with a business case, as part of the execution of the proposed
project approach. Each upgrade opportunity is also accompanied by a detailed Scope of Work.
Detailed Engineering Study General Scope of Work Items:
Completion of DES Application according to IESO guidelines
o Includes DES Proposal, Preliminary Savings Reports, and Application Form
Annual Electricity, Demand, and Maintenance Savings
Project Paybacks for each Measure and for the aggregate of all recommended Measures
Detailed Scope of Work documents including Drawings, Sequence of Operations, and Equipment
Specifications for each opportunity
Detailed Project Costs
Eligible Project Incentives
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I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 5
Professional Energy Solutions Version 1.0
SERVICE OFFERING: DETAILED ENGINEERING STUDY
The following Process Diagram outlines the general procedure for accessing incentives as well as the
required inputs and responsibilities as each stage.
Detailed Engineering Study Progress Diagram
Tillsonburg
Community Centre
I.B. Storey Inc. IESO
MOU
Client Advised of approved
incentives and invoices IESO for
Study Costs
Funding Contract
Signature
I.B. Storey Inc. Paid for DES –
Client reimbursed from IESO
total study cost.
Detailed Study
Completed
I.B. Storey
Inc.
Manages
Paperwork
Application
Forms
Preliminary
Solution
Review &
Approve
Notice to Proceed
Review &
Approve
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TOWN OF TILLSONBURG
PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY
I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 6
Professional Energy Solutions Version 1.0
PROJECT STAGES
There are four distinct phases to the execution of a Detailed Engineering Study. Please note these are
simplified for clarity and much of the activity by I.B. Storey Inc. has been omitted to meet this objective.
Stage 1 - Initial Stage
This is the starting point of the process. During this phase the potential for energy savings is
established. The conceptual improvements are identified and a cursory triage analysis is conducted by
I.B. Storey Inc. to ensure engagement in the process would be mutually beneficial.
Outcomes: Memorandum of Understanding
Cost to Owner: $0
Stage 2 - Investigative Stage
A Preliminary Solution report is developed and used in conjunction with the IESO PSU application form.
The Preliminary Solution report outlines energy savings based on an Investigative-Grade of analysis.
This is the starting point for further refinement of the project. It is during this phase the final firm study-
cost is established. This study cost is not to exceed the $50,000 maximum set out by the IESO to ensure
clients are at a cost-neutral position at the end of the process.
Outcomes: Preliminary Solution Report and Funding Application forms
Cost to Owner: $0
Stage 3 - Investment-Grade Stage
During this stage, the Detailed Engineering Study is executed. This is the key stage towards leveraging
incentive funding towards implementation of improvements that will reduce overall energy spending.
Outcomes: Detailed Engineering Report
Cost to Owner: $0
Stage 4 - Project Close Out
During this stage, the incentive amounts for execution of the project are defined by the IESO. This is the
committed value that the client will be in position to receive as a result of implementation. As the
Detailed Engineering Study has been completed, Study fees are paid to I.B. Storey Inc. with
reimbursement of the study amount to the owner by the IESO. This amount is paid regardless of
whether the client chooses to proceed to construction or not.
Outcomes: Incentive levels
Cost to Owner: Net $0 1
1 Study Fees are paid to I.B. Storey Inc. and reimbursed under the previously established funding agreement with the IESO.
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I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 7
Professional Energy Solutions Version 1.0
REQUIREMENTS FROM CLIENT
Should the proposal be accepted, the following information is required as a minimum:
Copy previous 16-18 months utility bills as-received from the utility, prior to on-site work
Access to all of the facility areas (in coordination with on-site staff)
Connection and Removal of Power Monitoring Equipment supplied by I.B. Storey Inc. with
connection supervision by I.B. Storey Inc. It is generally preferred to have the electrician most
familiar with the facility complete the physical work involved.
All information is kept strictly confidential.
QUALIFICATIONS
I.B. STOREY - Professional Energy Solutions provides energy engineering services to a variety of clients
across Canada and the US. With over a decade of experience serving the institutional, commercial and
industrial sectors exclusively, I.B. Storey places a strong focus on helping clients manage energy costs
impacts effectively and efficiently, with an emphasis on optimizing existing facilities.
Memberships are also held with the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE), the Association of Energy Engineers (AEE) and International Institute of Ammonia
Refrigeration (IIAR) and numerous corporate memberships of recreation associations including ORFA.
Additional engineering memberships are held with PEI and Nova Scotia with Licenses to Practice in
Newfoundland, New Brunswick, Ontario, Saskatchewan, Alberta and British Columbia.
REFERENCES:
Todd Knechel
Superintendent
Norfolk County Park &
Recreation
Simcoe, ON
(519)426-8866 ext. 2273
Steve Renwick
Maintenance Manager
Amhil Enterprises
Burlington, ON
(905)890-5261 ext. 256
Richard Kozdras
Assembly Production Manager
Johnson Controls Inc.
Mississauga, ON
(905) 502-3851
BENEFIT SUMMARY:
Experienced team for all building systems
Fixed cost for intial assessment layout
Rapid turn-around time to allow for quick implementation and savings
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TOWN OF TILLSONBURG
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I.B. Storey Inc. CONFIDENTIAL & PROPRIETARY PAGE 8
Professional Energy Solutions Version 1.0
PRICING SUMMARY
DETAILED ENGINEERING
The below study cost is based on the complex nature of the interrelated nature of the refrigeration
system, solar thermal on the roof as well as additional preliminary opportunities identified and is eligible
to be fully funded by the IESO.
PRICING MATRIX 2
Pricing Potential
Incentive
Net
Price
DETAILED ENGINEERING STUDY $48,800 $48,800 $0
Total Project Cost $0
NEXT STEPS
See attached Memorandum of Understanding
Return signed Memorandum of Understanding page to I.B. Storey Inc.
I.B. Storey Inc. to submit application to funding body
2 All Taxes Extra. In addition to the Participant Incentive the LDC will pay any applicable taxes of the Participant
Incentive. The Participant will provide to the LDC sufficient supporting documentation, as requested by the LDC, to
facilitate and support the LDC in claiming input tax credits in respect to the participant incentive.
86
I.B. STOREY INC.
400 Applewood Cres. Suite 100
Vaughan, ON L4K 0C3
Phone: 416-800-1482 Fax: 647-438-5707
JUNE 15TH, 2015 PAGE 1
MEMORANDUM
TO: Rick Cox COMPANY: Town of Tillsonburg
FROM: I.B. STOREY INC.
SUBJECT: MEMO OF UNDERSTANDING- DETAILED ENGINEERING STUDY (DES)
DATE: June 15TH, 2015
CC: VIA:
________________________________________________________________________________________________________
This Memorandum of Understanding has been prepared to outline the major expectations and
responsibilities of both parties entering into the DES process. The objective of this process is to leverage
incentive funding towards implementing improvements on the refrigeration systems at Tillsonburg
Community Centre at 45 Hardy Avenue, Tillsonburg, Ontario.
Town of Tillsonburg I.B. STOREY INC.
Provide Utility Invoice Data for Report Prepare Preliminary Solution at NO COST to the
client
Provide prompt signature on IESO (Independent
Electricity System Operator) application for DES
Complete Application Paperwork and manage
submission with the Independent Electricity
System Operator
Provide prompt signature for Funding Contract for
reimbursement on DES
Complete DES at a value that will be full
reimbursed by IESO (net $0 cost to client)
Issue payment to I.B. Storey Inc. for DES based on
the pre-determined study amount (fully reimbursed
by IESO) funding
Issue Invoicing to IESO for reimbursement
______________________
Sign
______________________
Print _________________________
Ian B. Storey, P.Eng.
______________________ President, I.B. Storey Inc.
Town of Tillsonburg
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STAFF REPORT
RECREATION, CULTURE & PARKS
Title: Children’s Recreation Program Fee Subsidy Contract 2015-2018
Report No.: RCP 15-28
Author: Rick Cox, Director Of Recreation, Culture & Parks
Meeting Type: COUNCIL MEETING
Council/Committee
Date:
JUNE 22, 2015
Attachments: • SERVICE CONTRACT
RECOMMENDATION
THAT Council receives Report RCP 15-28 Children’s Recreation Program Fee Subsidy Contract 2015-2018;
AND THAT the Town of Tillsonburg enters a three-year agreement with the County of
Oxford to provide subsidized recreation programs;
AND THAT Council authorizes the Mayor and Clerk to sign the Service Contract.
EXECUTIVE SUMMARY
The Human Services Department of the County of Oxford requires a service
contract with the Town to be in place in order for eligible participants to access
subsidized registration to the Town’s summer camp program. The agreement is for
June 2015 through June 2018.
BACKGROUND RCP staff has been working with County Staff to increase accessibility to Town
programming through subsidy programs available from the County. The attached
service contract enables the subsidy to be accessed for the Town’s summer camp
programming for the 2015, 2016 and 2017 summer cycles.
The service contract also makes the process of applying for the subsidy more efficient
and confidential for the eligible participants. The direct link between OCHS and RCP
administration staff will reduce barriers for accessing the subsidy.
CONSULTATION/COMMUNICATION Town staff have communicated with Oxford County staff in the Human Services
Department.
FINANCIAL IMPACT The subsidy program will provide revenue to the Town for summer camp registrations
from eligible participants. The subsidy will help the RCP Department meet program
revenue targets
RCP 15-28 Children’s Recreation Program 1/2
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COMMUNITY STRATEGIC PLAN (CSP) IMPACT
This report supports the following CSP priorities:
1.1 Demonstrate excellence in local government initiatives
1.2 Streamline communication and effectively collaborate within local
government
3.2 Provide opportunities for families to thrive
4.2 Provide a variety of leisure and cultural opportunities to suit all interests
4.3 Improve mobility and promote environmentally sustainable living
RCP 15-28 Children’s Recreation Program 2/2
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STAFF REPORT
FINANCE
Report Title: LIABILITY FOR PRESUMPTIVE CLAIMS UNDER THE
WORKPLACE SAFETY AND INSURANCE ACT
Report No.: FIN 15-27
Author: DARRELL EDDINGTON
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22, 2015
Attachments:
RECOMENDATION
THAT Council receive report FIN 15-27 Liability for Presumptive Claims Under the Workplace
Safety and Insurance Act as information. EXECUTIVE SUMMARY
Staff reported to Council at the meeting on June 11, 2015, and disclosed in the Town’s consolidated
financial statements a contingent liability, that the Town received correspondence from the Ontario Workplace Safety and Insurance Board (WSIB) that the WSIB estimated the cost to the Town of future benefits payable under presumptive cancer legislation for volunteer firefighters to be $495,609. This
estimate was prepared by the WSIB using actuarial assumptions that were not specifically tied to the
Town’s potential liability. Staff concluded that they could not determine a reasonable estimate of the cost,
if any, associated with this contingent liability. Subsequent to the June 11, 2015 Council meeting, the WSIB informed staff that it is their practice “to
assign costs of the claim to the Schedule that the employer is operating under on the date of
accident/diagnosis. The period of exposure is not a factor in determining which Schedule is in effect. Also,
there is no apportionment of costs between Schedules 1 and 2. A case is fully assigned to one Schedule or the other.”
For the Town’s existing WSIB case, the employee’s diagnosis was in 2015. The Town is a Schedule 1
employer and therefore, no Town liability for this case exists.
BACKGROUND
Legislation
100
Under the Workplace Safety and Insurance Act there is a presumption that certain diseases suffered by
firefighters (in particular, certain cancers) are occupational diseases. Since November 2009, this
presumption has applied to volunteer firefighters where a diagnosis of the disease was made on or after
January 1, 1960. As a result of this presumption, compensation will generally be payable under the Workplace Safety and Insurance Act to all firefighters (volunteer, part-time and employed) who suffer
from these diseases on or after January 1, 1960 and meet the required work duration.
WSIB Insurance Coverage
Under the Workplace Safety and Insurance Act there are two types of employers. Employers who are
covered under Schedule 1 of the legislation (“Schedule 1 employers”) participate in a group insurance
fund and are not individually liable to pay benefits directly to workers or their survivors. Schedule 1
employers pay WSIB premiums into an insurance fund, and the fund is responsible for paying claims
which arise under the Workplace Safety and Insurance Act.
Employers who are covered under Schedule 2 of the legislation (“Schedule 2 employers”) do not
participate in a group insurance fund and instead are individually liable to pay benefits directly to their
workers or survivors that arise under the Workplace Safety and Insurance Act. The WSIB charges an
administrative fee to Schedule 2 employers (calculated as a percentage of the benefits paid by the Schedule 2 employer) for adjudicating and administering claims.
Schedule 2 employers are permitted to transfer to Schedule 1 to obtain collective insurance coverage.
The Town switched from a Schedule 2 employer (liability to pay claims) to a Schedule 1 employer (collective insurance coverage) in 1977.
CONSULTATION / COMMUNICATION
Finance staff has engaged in consultation with representatives of the WSIB as well as with the Town’s auditor.
FINANCIAL IMPACT
None.
COMMUNITY STRATEGIC PLAN IMPACT
Not applicable.
Page 2 / 2 CAO
101
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3923
BEING A BY-LAW to enter into an Airport Hanger Land Lease Agreement with Jeff Miller.
WHEREAS the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease
Agreement with Jeff Miller for the construction of a 4, 096 square foot hanger at the Tillsonburg
Regional Airport.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. THAT the lease agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement
on behalf of the Corporation of the Town of Tillsonburg.
3. This By-Law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 22nd DAY OF June, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF June, 2015.
_____________________________
Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
102
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3922
A BY-LAW to authorize a Building Permit Fee Rebate for 137 Rolph Street, Town of
Tillsonburg, County of Oxford.
WHEREAS The Town of Tillsonburg is desirous of approving a Building Permit Fee Rebate for the property known as 137 Rolph Street through the municipality’s Community Improvement
Plan.
AND WHEREAS Section 28 (4) of the Planning Act enables a municipal council to adopt a
Community Improvement Plan.
AND WHEREAS Council of the Town of Tillsonburg adopted a Community Improvement Plan on September 25, 2006 by By-Law 3191.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT a rebate for Building Permit fees be provided for the renovation of the existing
Church at 137 Rolph Street;
2. THAT the by-law shall take full force and effect upon final passage hereof.
READ A FIRST AND SECOND TIME THIS 22nd DAY OF JUNE, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF JUNE, 2015.
_________________________
MAYOR-Stephen Molnar
_________________________
CLERK-Donna Wilson
103
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3921
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 22nd day of
June, 2015
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a
municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal
powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of
Tillsonburg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held
on June 22, 2015, with respect to every report, motion, by-law, or other action passed and
taken by the Council, including the exercise of natural person powers, are hereby adopted,
ratified and confirmed as if all such proceedings were expressly embodied in this or a
separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect
to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the
preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in
that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg.
4. This By-Law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 22nd DAY OF June, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF June, 2015.
_____________________________
Mayor – Stephen Molnar
______________________________
Town Clerk – Donna Wilson
104