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24032014 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday March 24, 2014 6:00PM Council Chambers Chair: John Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MINUTES '. > ". -_ '> ·.·: -~. __ :. < Town o(TiJI~c)nbu[g . . CounC:ii~Meeting · .· · .. ·· ··• ;· tin . < . : ·· ' > · March ?4,·2.of4·06:.QQ PM · ~.council· .. charnbers Chair: .John lessif Orders of the Day: The meeting was called to order at 6:00 p.m. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty REGRETS: Councillor Chris Rosehart Staff: David Calder, GAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT the Agenda as prepared for the Council Meeting of March 24, 2014, be adopted. "Carried" MOMENT OF REFLECTION 032414 Page 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of March 10,2014 1J1 Resolution No. 2: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT the Minutes of the Council Meeting of March 10, 2014 be approved. "Carried" DELEGATIONS 1. March 24 2014-Delegation-Tillsonburg Family Day -Report Cil Presented By: Brent Shepherd Report on the Family Day Event Brent Shepherd appeared before council regarding the successful Family Day Event and presented a video of the event. 2. Tillson burg Tri County Agricultural Society [:j Presented By: Michelle Babcock & Julie VanDaalen Michelle Babcock and Julie VanDaalen appeared before Council regarding the future use of the fair. The Fair Board is requesting a $10,000 one time donation from the Town in order to make use of the memorial arena. Staff to review the matter and bring back a report regarding the request. Council has requested a formal request from the fair board which includes the resolution from the Fair Board. 3. Turtlefest Committee Update [) Presented By: Carrie Smith & Marcel Rosehart Carrie Smith & Marcel Rosehart appeared before Council and provided an update on the Turtlefest festival. They provided a power point presentation which depicted the many events within the festival. They will require the event to be designated as an event of municipal significance. Staff to bring back a report regarding requirements under the AGCO special occasion permit. 4. Ontario's South Coast Air show 2014 Presented By: Andre Brisson Page 2 MINUTES: Meeting for the Committee "Open Council" 2014 Airshow-March 24th Council Submission.pdf Mr. Andre Brisson appeared before council regarding the Ontario's South coast Air show for 2014 They are requesting that the Town be the signatory to the contracts and financial backer for the air show including insurance for the event. Requesting that the town support the event in the amount of $10,000. Council suggests that the pre-sale and the raffle be done in advance of the event to help support the event. A second event would be a snow bird air show on the same weekend as Turtlefest. They are looking for council endorsement to host this event as well. INFORMATION ITEMS 5. Registered organ donors save lives. Support organ and tissue donation! I) 6. Message from Minister David Orazietti on Flooding ~ 7. Staff Report on First Sunday Library Opening I;} 8. Communities in Bloom ~ 9. Tillson burg District Chamber of Commerce Correspondence [) 10. AMO MEMBERS UPDATE-Bill69-The Prompt Payment Act (] 11. Town of Greater Napanee, OPP Policing-2014 Increase ~ CHIEF ADMINISTRATIVE OFFICER 12. CAO 14-07 Tillsonburg Hydro Inc Public Information Meeting CJ Presented By: David Calder, CAO Staff to answer questions from the public that have been submitted in advance of the meeting - could set up a frequently asked questions sheet to provide at the meeting. Neutral, balanced and factual information to be provided at the meeting. Public to forward their questions through Council or the CAO's office. Council suggest limiting presentations to 10 minutes rather than 5 minutes as proposed in the Page 3 MINUTES: Meeting for the Committee "Open Council" report. The date and time for the meeting will be well publicized. Resolution No. 3: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council direct staff to schedule a Public Information Meeting to provide the information to the public as outlined in Report CAO 14-07, Tillsonburg Hydro Inc. Public Information Meeting. AND THAT stakeholders be given the opportunity to provide input to Council regarding the options for sale, merger, acquisition or status quo ofTillsonburg Hydro Inc. Recorded Vote: NAME VOTE IN FAVOUR VOTE AGAINST Mayor Lessif yes Deputy Mayor Renaud yes Councillor Stephenson yes Councillor Beres yes Councillor Getty yes Councillor Klein yes The recorded vote reflects the vote is _6_in favour ofthe Motion and Motion. The motion is "Carried" 13. CAO 14-06, Support to Ontario's South Coast Air show 2014 ~ 0 against the Presented By: David Calder, CAO Resolution No. 4: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council provide the support as outlined in Report CAO 14 -06, Support to Ontario's South Coast Air show Committee. "Carried" Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council provide support to the Ontario South Coast Air show Committee regarding a Snow Bird event in June 2014. "Carried" Page4 MINUTES: Meeting for the Committee "Open Council" DEVELOPMENT & COMMUNICATIONS 14. Report DCS 14-20 DiscoverTillsonburg 2013 Summary CJ Presented By: Colleen Pepper, Marketing & Partnerships Officer Resolution No. 5: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Council receive Report DCS 14-20 DiscoverTillsonburg 2013 Summary; AND THAT staff be authorized to present the 2014 Discover Tillson burg package to local builders, developers and realtors. "Carried" 15. DCS 14-13 A & W Noise-Sound Barrier and MOE Investigation [) Presented By: Lisa VanderWallen, Development Technician Resolution No. 6: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Report DCS 14-13 A & W Noise-Sound Barrier and MOE Investigation be deferred to the meeting of April13, 2014. "Carried" 16. Report DCS 14-15 Request for Amendment to Agricultural Land Lease Terms [) Presented By: Cephas Panschow, Development Commissioner Resolution No. 7: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT Council receive Report DCS 14-15 Request for Amendment to Agricultural Land Lease Terms; AND THAT the terms of the lease with Field and Flock Farms Ltd remain as contained in the original lease agreement; AND THAT a refund in the amount of $3,824.20 be credited towards Field and Flock Farms Ltd to offset development, drain cleaning and acreage adjustments. "Carried" 17. DCS 14-18 Lease of Industrial Lands for Agricultural Purposes; [) Presented By: Cephas Panschow, Development Commissioner Page 5 MINUTES: Meeting for the Committee "Open Council" Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes.pdf Lease-Paui_Boesterd-AgriculturaiLandF(Mar20,2014).pdf Resolution No. 8: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT Council receive Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes; AND THAT Council award the lease of 93.45 Acres of industrial land to Paul Boesterd subject to entering into the Town of Tillson burg's standard agricultural lease agreement; AND THAT a bylaw be brought forward for Council's consideration. "Carried" FINANCE 18. FIN 14-10 Remuneration and Expenses [;:] Presented By: Darrell Eddington, Director of Finance Resolution No. 9: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receives report FIN 14-10 2013 Remuneration and Expenses as information. "Carried" 19. FIN 14-11 IT Work Plan ~ Presented By: Darrell Eddington, Director of Finance Resolution No. 10: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receives report FIN 14-11 IT Work plan as information. "Carried" 20. FIN 14-09 2013 Development Charges Annual Statement ~ Presented By: Darrell Eddington, Director of Finance Resolution No. 11 : Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud Page6 MINUTES: Meeting for the Committee "Open Council" THAT Council receives report FIN14-09 2013 Development Charges Annual Statement; AND THAT the Director of Finance be directed to file the annual statement with the Minister of Municipal Affairs and Housing within 60 days after the statement has been received by Council. "Carried" PARKS & RECREATION SERVICES 21. March 24, 2014 -PRS 14-08 -Awarding contract to demolish the Grandstand I) Presented By: Rick Cox, Director of Parks & Recreation Services Resolution No. 12: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT Council receives Report PRS 14-08 Awarding the contract to demolish the Grandstand; AND THAT Council award the contract to Kirwin Oatman Excavating at the tendered price of $34,780 plus applicable taxes. "Carried" STAFF INFORMATION REPORTS 22. FIN 14-10 Development Charge Rates Effective April1, 2014 Presented By: Darrell Eddington, Director of Finance -,: FIN 14-10 Development Charge Rates Effective April1, 2014.pdfDevelopment Charge Indexing Sheet Feb 14.pdf ~ DC Rates Apr 2014 to Mar 2015.pdf Resolution No. 13: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives report FIN 14-10 Development Charge Rates Effective April1, 2014 as information. "Carried" COMMITTEE MINUTES & REPORTS 23. Long Point Region Conservation Authority Minutes Februarv 12. 2014 CJ Page 7 MINUTES: Meeting for the Committee "Open Council" MOTIONS 24. NOTICE OF MOTION FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN ~ The motion has been withdrawn by the mover. Proposed Resolution No. 14: Moved By: Deputy Mayor Renaud THAT Town Staff be directed to add the following question to the Municipal Election Ballot on October 27, 2014; The question to be asked of the electors, following the guidelines outlined in the Ontario Municipal Elections Act, 1996, Chapter 32, Section 8, is as follows: "Are you in favour of the Town of Tillson burg maintaining 100% ownership and control of Tillsonburg Hydro Inc." YES OR NO NOTICE OF MOTION BY-LAWS 25. By-Laws for the Meeting of March 24, 2014. By-law 3806 Lease Boesterd. pdf Lease-Pau I_Boesterd-Ag ricultura I Land F (Ma r20 ,2014). pdf Resolution No. 15: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT By-Law 3806, To enter into an Agricultural Lease Agreement with Paul Boesterd CJ AND THAT By-Law 3807, To Confirm the Proceeding's of the Council Meeting of March 24, 2014 [}!, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Staff to bring back the Agricultural Lease for third reading. Staff to clarify the request for proposal process. Resolution No. 16 : Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT By-Law 3807, To Confirm the Proceeding's of the Council Meeting of March 24, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" Page 8 MINUTES: Meeting for the Committee "Open Council" ITEMS OF PUBLIC INTEREST Hydro One has provided the Town with Notice regarding a scheduled power outage on Sunday April 13th and May 4th from 3:00 a.m. to 9:00a.m. ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:52p.m. Approval Received: (0 of 1) Donna Wilson!Tillsonburg (Wednesday March 26, 201411:10AM) Town of Tillson burg Page 9 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Town of Tillson burg Council Meeting on Monday Marctl10, 2014 06:00PM Council Chambers Chair: DeptJty Mayor Mark IRer:~aud Orders of the Day: The meeting was called to order at 6:00 p.m. ATIENDANCE Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Chris Rosehart Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty REGRETS: Mayor John Lessif Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Jeff Smith, Fire Chief ADOPTION OF AGENDA Resolution No. 1 : Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of March 10, 2014, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session, to consider: 031014 Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (TGCC); Matters relating to personal matters about an identifiable individual, including municipal or local board employees (Fire Services). Page 1 MINUTES: Meeting for the Committee "Open Cou ncil" ~ People First Flyer.pdf 8. AMO Communications February 12, 2014. IQI 9. AMO Breaking News -Joint and Several Liability-Request for Support to Proposed Solution [i) Resolution No. 4: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT the Town of Tillsonburg support the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities; AND THAT Tillsonburg supports the third Combined Model as described by AMO's March 4, 2014 policy update; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. "Carried" 10. AMO Communications -Bill 69, The Prompt Payment Act l1i) Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres THAT the Town of Tillson burg supports AMO's amendment to Bill 69, The Prompt Payment Act, 2013, to allow municipalities to continue to exert prudent stewardship over public financial resources; AND FURTHER THAT the draft letter provided by AMO be endorsed by the Mayor and submitted to the provincial government for consideration. "Carried" QUARTERLY REPORTS 11. FIN 14-07 2013 Financial Results [i} Presented By: Director of Finance Staff to bring forward a policy to deal with surplus and reserves after the second quarter. Resolution No.6: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receives report FIN 14-07 2013 Financial results; AND THAT the 2013 surplus be allocated to general reserves and that the allocation be visited later within the year after the second quarter. "Carried" 12. FIN 14-08 2013 Finance Department Results ~ Presented By : Director of Finance Page 3 MINUTES: Meeting for the Committee "Open Council" THAT Council receives report PRS 14-06 Fourth Quarter 2013 PRS Department Results as information. "Carried" 16. FRS 14-03, Fourth Quarter 2013 Department Results ~ Presented By: Jeff Smith, Fire Chief Resolution No. 11: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives Report FRS 14-03 Fourth Quarter 2013 Fire & Rescue Services results as information. "Carried" DEVELOPMENT & COMMUNICATIONS 17. DCS 14-06 Building and By-Law Services 2013 Annual Report ~ Presented By: David Calder, CAO Resolution No. 12: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive Report DCS 14-06; Building and By-Law Services 2013 Annual Report, as information . "Carried" 18. DCS 14-13 Noise Issues-A & W Noise -Sound Barrier and MOE Investigation [6;) Presented By: David Calder, CAO Staff to ensure that the report was provided to the property owners and bring the report back at the next Council meeting. FIRE & RESCUE SERVICES 19. FRS 14-04 Fire Communications Division Presented By: Jeff Smith, Fire Chief FRS 14-04 Fire Communications Open.pdf Resolution No. 14: Page 5 MINUTES: Meeting for the Committee "Open Council" "Are you in favour of the Town of Tillson burg maintaining 100% ownership and control of Tillsonburg Hydro Inc." YES OR NO Deputy Mayor Renaud resumed the chair at 7:57p.m. BY-LAWS 22.By-Laws for the Meeting of March 10, 2014 Resolution No. 17: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3804, To Authorize an Agreement with Her Majesty The Queen In Right Of Ontario for the Grants Ontario Case# 2013-08-1-16303746 ~; AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014 ~. be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 18: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3804, To Authorize Agreement with Her Majesty The Queen In Right Of Ontario for the Grants Ontario Case# 2013-08-1-16303746; AND THAT By-Law 3803, To Confirm the Proceedings of the Council Meeting of March 10, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal there.unto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:06p.m. Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Tuesday March 11, 2014 02:19PM) Town ofTillsonburg Page 7 -· ~ ·--·- I - • • • • March 24,2014 Council Meeting · Michelle Babcock to: · dewilson 03/16/14 02:57PM Hide Details From: Michelle Babcock <michelleandkenbabcock@gmail.com> To: dewilson@tillsonburg.ca, Page 1 of 1 Good day I am requesting permission to be put on the agenda for the March 24 council meeting on behalf of the Tillson burg Fair. We are putting forth a proposal in regards to switching the use of the arenas during our fair and the fmancial aspects in regards to this matter. Thank you. Michelle Babcock Tillsonburg TriMCounty Agricultural Society President file:///C:/Users/DEWilson/AppData/Local/Temp/notesD39658/~web5538.htm 3/17114 Good Evening Mr. Mayor and Councillors, Thank you for the opportunity to discuss with you our beloved Tillsonburg Fair. As you may or may not know, we are celebrating the 160th anniversary of the Tillson burg Tri-County Agricultural Fair this year. We would like to discuss the proposal brought before us of changing our usage of the Colin Campbell Arena to the Memorial Arena during our fair. The Community Centre has brought this matter to our attention in order to benefit the Town of Tillson burg financially. It has been brought to our attention that when we, as the fair, use the Colin Campbell Arena for our vendor use, it costs the town $10,000.00 to have the ice removed and then resurfaced again once the fair is completed. We are proposing an agreement that would state that in lieu of us (the fair) using the Colin Campbell arena for our vendors, that we could receive a one-time funding of $10,000.00, and the ongoing use of the Memorial Arena. The reason for this amount is due to potential loss of vendor income for the next three years roughly being $12,600.00, as our indoor vendor income this past year was $4200.00. We understand that the town will save money on an on-going basis if we switch usage of the arenas, and we are willing to help in that way if possible. By helping make us better, we are able to help financially other volunteer groups in the community. Thank you for your consideration and time, Tillsonburg Tri-County Agricultural Fair Committee Hello Donna, The Turtlefest Committee would like to provide a presentation to Council providing them an update on our activities since last year including accomplishments and what the plans are for this coming year's event. The presentation will also include an update on the budget and community engagement to date, including sponsorship. We will be sending you a copy of the presentation in advance of the Council meeting. Carrie Smith Insurance/Financial Advisor 102 Tillson Ave Tillsonburg, ON N4G 3Al Phone:519-842-4271 Fax:519-842-6779 e-mail: carrie smith@cooperators.ca Mayor and Council Town ofTillsonburg 200 Broadway, 2"d Floor Tillsonburg, ON Mr. Mayor and Members of Council: March 18th, 2014 The Ontario South Coast Airs how Committee has been working for over a year to organize an airs how requisitioned by the Town. This event was planned to be a family event on August 23, 2014 for the residents of Tillson burg and Oxford County. A great deal of work has been put into the event to date by the committee and the airboss including the development of a website; www.ontariosouthcoastairshow.com . We currently have $30,000.00 worth of performers, airboss, planes and an announcer lined up for the August 23 event. The acts have us pencilled in and are committed to come to our show. The next step is for the performers and the committee to enter into a contractual agreement for the airshow. To date there has not been a definite answer from the Town of Tillson burg if the Tillson burg Airport Administrator will sign the contracts. This requires an answer as soon as possible to provide the performers with sufficient time to reschedule themselves and not hamper their personal income if this is not feasible. The committee is also unclear if the Town of Tillson burg will support the Town sanctioned/ requested event financially. In the event of a financial loss who will pick up the bill? The committee is not in a position to do so. The event proceeds will go to the Tillson burg Memorial, Ingersoll Alexandra and Woodstock Hospital Volunteer Organizations. A portion of the event proceeds will also be reserved for a contingency fund for future Ontario South Coast Airshows. To date we have $11,000.00 in cash sponsorship; the same cash amount raised for the 2012 Airshow. We currently have approximately $3,000.00 in kind sponsorship of labour and materials. Total sponsorship to date is $14,000.00 and we have not started the fundraising drive. In order for us to continue and pursue organizing and securing a great family event, we require Council to confirm the following at the March 24th Council meeting: 1) The Town ofTillsonburg will be signatory to all contracts for the airshow, 2) The Town of Tillson burg will be the financial backer for the airshow, and 3) The Town of Tillson burg insurance will cover the airshow, its volunteers and committee members. I trust you understand the urgency in this matter. It is only fair to the performers and the volunteer committee to find out now if the Town of Tillson burg will support this event. Regards, ~L:::=-~4-· - Andre Brisson Chair, Ontario's South Coast Airshow 2014 Enclosed: Appendix; supporting documentation February 27, 2014 Cephas Panschow Development Commissioner Town ofTillsonburg 200 Broadway, 2"d Floor Tillsonburg, ON N4G SA7 Mr. Panschow: The Ontario South Coast Airshow Committee has been working for over a year to organize an airshow requisitioned by you. This event was planned to be a family event on August 23, 2014 for the residents of Tillson burg and Oxford County. A great deal of work has been put into the event to date by the committee and airboss. We currently have $40,000.00 worth of performers, airboss, planes and an announcer lined up for the August 23 event. The acts have us pencilled in and are committed to come to our show. The next step is for the performers and the committee to enter into a contractual agreement for the airshow. To date there has not been a definite answer from the Town of Tillsonburg if the Tillsonburg Airport Administrator will sign the contracts. This requires an answer as soon as possible to provide the performers with sufficient time to reschedule themselves and not hamper their personal income if this is not feasible. The committee is also unclear if the Town of Tillsonburg will support the Town sanctioned/ requested event financially. In the event of a financial loss who will pick up the bill? The committee is not in a position to do so. In order for us to continue and pursue organizing and securing a great family event, we require the following in writing from the CAO by March 6, 2014: 1) The Town of Tillson burg will be signatory to all contracts for the airshow, 2) The Town of Tillson burg will be the financial backer for the airshow, and 3) The Town of Tillsonburg insurance will cover the airs how and its volunteers. I trust you understand the urgency in this matter. It is only fair to the performers and the volunteer committee to find out now if the Town of Tillson burg will support this event. Regards, Andre Brisson Chair Ontario's South Coast Airshow 2014 Please do not hesitate to contact me if you have any questions in this regard. \ Yours truly &Ju. , . ' ( I David Calder Chief Administrative Office Cc: Cephas Panschow, Development Commissioner Annette Murray, Airport Administrator CORPORATE OFFICES 200 Broadway, Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 Fax: (519) 842-9431 www.tillsonburq.ca Pa e 2 April 10, 2012 Letter of Understanding Between; David R White (DW), 19 Kenview Blvd., Unit 31, Brampton, Ontario, L6T 5G6 Phn 416-678-7851, email David.white@QLD.ca And The Corporation of the Town of Tillsonburg (Town) Regarding the Tillson burg Air Show (TAS) August 22, 23 and 24, 2014 It is the intent ofthe Town to secure the services of DW to perform specific duties in relation to theTAS. It is the intention of DW to provide specific services to the Town with reference to TAS. Both parties agree to the following; The Town will pay DW a total fee of $4,500.00 CAD for the services detailed here. This payment will take the form of a single payment payable at the end ofthe TAS on August 24, 2014. Should weather or any other factor beyond the control of DW prevent theTAS from taking place it will not relieve the Town from its obligation to the payments above. Should the Town choose to cancel the TAS the following cancellation payment schedule will apply; Cancellation prior to 60 days before TAS-payment of $1,000.00 Cancellation prior to 30 days before TAS-payment of $3,000.00 Cancellation prior to 20 days before TAS-payment of $3,500.00 Cancellation after July 27, 2012-payment of $4,000.00 The Town will provide DW with one hotel room at a hotel near the Tillsonburg airport on the nights of August 21, 22 and 23. The Town will provide a platform from which DW may conduct the Air Boss function. This platform to be not less than 4 feet by 16 feet, and raised above ground not less than 6 feet. 120 Volt AC power will be available at this location from the start of each show or practice day until the conclusion of TAS flight operations. The Town will man the base air to ground radio in the main terminal and weather station at all times during TAS allowing DW to receive constant wind and weather updates as available at the weather reporting station in the terminal building. The Town will provide a Briefing room suitable to house all TAS flight crew, emergency services crew, and other necessary personnel for the Pilot Safety Briefing which will be held on Friday August 22 and Saturday August 23 prior to flight operations. This room to be equipped with a projector or large screen TV capable of accepting the signal from a Windows 7 PC or iPAD tablet computer (SVGA or HDMI input) and viewable by all in the room. authority. No flight operations will be allowed under the provision of the SFOC which in any way violates the Canadian Aviation Regulations including, but not limited to section 623. Liability; TAS HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SEEK DAMAGES OR SUE DW, or any other persons or parties, corporate or personal assisting DW in performing the duties and obligations listed in this agreement. AND hereby releases DW, or any other persons or parties, corporate or personal assisting DW in performing the duties and obligations listed in this agreement FROM ALL LIABILITY TO The Town and TAS, their personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ARISING OUT OF OR RELTED TO THETAS, WHETHER CAUSED BY THE NEGLIENCE OF DW, or any other persons or parties, corporate or personal assisting DW in performing the duties and obligations listed in this agreement OR OTHERWISE. The undersigned agree that by executing this agreement we intend to meet the terms detailed above. David R White The Corporation ofthe Town ofTillsonburg By _______ _ by ___________ _ Print ______________ __ Print __________________ __ Date ______________ __ Date __________________ __ 6. PERFORMANCE FEE: The PRODUCER shall pay the PERFORMER at a RATE of $1500 for the PERFORMER'S participation in the AIRSHOW. This amount shall be due to the PERFORMER prior to his performance on the final day of the AIRSHOW. No DEPOSIT is required for 2014 bookings. PERFORMER'S INABILITY TO PERFORM Should the PERFORMER be unable to perform at the show on scheduled AIRSHOW days, but excluding the day prior to the show (Media Day) for reasons under his control, including reasons of health or mechanical malfunctions on the show airplane, the PERFORMER shall not collect any monies from the PRODUCER. Arrangements such as Vehicle and Lodging at the show site will remain the responsibility of the PRODUCER until the day after the last scheduled AIRS HOW day. Should the PERFORMER be unable to perform after arrival at the AIRSHOW for reasons not under his control, including unacceptable weather, full payment of the PERFORMANCE FEE to the PERFORMER will be required. The PERFORMER will have full discretion to determine the acceptability of weather conditions for his performance for each day of the AIRSHOW. AIRSHOW NON-PERFORMANCE Should the AIRSHOW be cancelled for reasons not within the control of the PERFORMER, the following shall be payable: 1. If the PRODUCER provides written notice of cancellation at least 60 days prior, no monies shall be payable. 2. If the PRODUCER provides written notice of cancellation within 60 days prior to the show, but not less than 3 days prior to the first AIRSHOW day, the PERFORMER shall be paid 50% of the agreed upon RATE, plus any travel costs associated which have been incurred within 5 days prior to the first AIRSHOW day. 3. If the PRODUCER provides notice of cancellation less than 3 days prior to the first AIRSHOW day, the total PERFORMANCE FEE will be required to be paid to the PERFORMER ENTIRE AGREEMENT The terms set forth in this agreement supersede all oral or written understandings and constitute the entire agreement between PRODUCER and PERFORMER. It may be altered only by further written agreement signed by both parties. PRODUCER: ____________________ __ Signature: ------------------------------ Name: ________________________________ _ Date: ________________________________ _ PERFORMER: MKT AEROBATICS LTD Signature:___,--,--.,--------------:-:--------- Michael Tryggvason, President Date: _____________________________ __ THIS AGREEMENT made 8 E T WE E N: Town of Tillson burg hereinafter referred to as the "Town" -and- Danny Richer (hereinafter referred to as the "Performer") WHEREAS Town conducts an Air Show at The Tillsonburg airport (CYTN) Ontario, Canada (hereinafter referred to as the "Air Show"); AND WHEREAS Town produces an AIR SHOW for one (1) days annually; AND WHEREAS the date for the 2012 AIR SHOW are Saturday, August 18, and Sunday August 19 if rained out on Saturday; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the payments hereinafter referred to and the covenants and conditions herein contained, Town engages the services of the Performer to participate in the 2012 Air Show subject to the terms and conditions herein contained. AND THE PARTIES HERETO MUTUALLY covenant and agree each with the other on the terms and conditions described as follows: - 3 - j) that there will be no reduction in the amount of the consideration paid to the Performer if the Town is unable to proceed, with all or any part of each daily performance on any of the dates scheduled due to adverse weather conditions. An assessment of show time conditions and the decision to proceed in whole or in part will be made by the Town; k) to pay and provide at its own expense, aircraft and equipment accommodation, fuel, oil, smoke oil, and any other required supplies or equipment unless provided by the Town under the terms of this agreement; I) to be responsible for the payment of, housing of, meals and all other costs associated with all crew members and maintenance personnel unless provided by the Town under the terms of this agreement; m) to allow the Town to deduct and remit all applicable taxes as required by Canadian federal and provincial laws including but not limited to withholding tax for non- residents required under The Canadian Income Tax Act (Regulation 1 05) if applicable; and n) to grant to the Town on an exclusive basis all rights to the performance and the results and proceeds of the services, together with the right to fully distribute and exploit the performance in all media and formats worldwide, including any rental and lending rights. The Performer also grants to the Topwn the right to use the Performer's name, approved likeness, etc. in connection with the production, exhibition, advertising and exploitation of the show and also subsidiary and ancillary rights. [This could also extend to merchandising or commercial tie-ups.] 2. Town hereby agrees: a) to provide at its own expense up to 1 00 litres of 1 00 LL and 300 litres of Jet A fuel. Any additional fuel, smoke oil, oil or supplies required for Practice, Media or VIP flights to be approved by Town at the sole discretion of the Town; 3. INSURANCE The Performer shall effect, maintain and keep in force, at its sole cost and expense throughout the duration of this contract, aircraft liability coverage applicable in Canada on all aircraft included in any performance for bodily injury and property damage for a combined single limit of not less than two million U.S. or Canadian dollars ($2,000,000) per occurrence, including passengers, if applicable. Evidence of coverage shall be delivered to the Town as required under the terms of this agreement. 4. CONTRACTUAL RELATIONSHIP Ontario South Coast Airshow Website ' ' Picture 1-Home Page -~ canadian Haruard Aircraft Association rwmotfott ream ThiCWAII:deliulediO~IhtlteJrddlbeHmldaWir rip:knlltklllfiiObldtsanauwdl~mte'tolbthe._,dthe ......... -------·- Kent Pietsch '",.,.,., ...... KnNI~tmhr:Ss rlKWIIISkrlhbow..WCes ~10111AIIMII'da.liltlnllladlttildudalt;ducktict, <~adan:lllnir'CctlhiOC:fk'I9CIIIIICJI'iCff'l.llU ~D~Smst~J'CI*!onrwililrlpola.trdto'lllfdll '"-- c;ord Price »••·s• OCIItPikeiltwta~plltcrmlriiiii,..IJlttil •IObbU'IIO IOII.tpnta"ldl\lfll. ~Yit-6DIIt~'*-J..nad IM:Ita6:1raiwtb11UIIpcd.ttf'i&tltpeQI!'IdtJie'al". Michael Trygguason Pltft•peclal Tl'llfCU'Cp"iol .. pori:Set~~lhOW.Iisfnldkill .nl!owpedcrma'IC.e'*ll2012tllllleT~Amo.. 't\'l'f11tn tnllllliWIIII:Mach'lrcldwdbtYtqfAfl'l~ Picture 2 -Performers Page August 23, 2014 (Rain Date August 24, 2014) The Tillsonburg Regional Airport (CYTB) is pleased to announce that preparations have begun for the 2014 Ontario's South Coast Airshow. This one day event will take place on Saturday, August 23, 2014 and is an excellent sponsorship opportunity for companies and groups seeking to market their products and services to area residents. We are inviting your company or group to raise its profile by becomi this regard, we are offering a numbeJ; of sponsorship options to ensu exposure leading up to and during the event. Andre Brisson Chair Held At ~T!!'!~Il~~rg Big Sky. Big Runway. Big History. "'"'~""''"r for the airshow. In company enjoys high Media S~;>onsorship is in a separate package with the same basic letter. Media Sponsor: $2,000 • Event signage with company logo • Inclusion in event advertising (newspaper) • Listing in electronic and social media • Profile and logo on airport and airshow website • Verbal recognition throughout the event • Mention in Town newsletter article (Circulation over 2,000) • Sponsor Kit (poster, schedule, etc.) • 10 VIP Tickets including refreshments • 5 Parking Passes • 30 minute Harvard Back seat ride Held At Jn!'!~'l~~rg Big Sky. Big Runway. Big History. Outline • Overview 20·12 Airshow • Vision for 2014 Airshow • Airshow sustainability Plan • Committee Structure • Potential Partners • Budget for 2014 Airshow • Conclusion -- Even·t Sponso:r -J _a :de En.gJn:eers·:. l.n '·c ,·. Media Sponsor Easy 1 01 and Country· J 07-.3 1 OA.7 Heart FM tlllsonburg News Gold S~onsors CJDL Consufflng Engineers ·covey's Howdrd.Johnson Dowlen Korh Fuels E :& E Mo~ougr..tin Ud Graham-Energy Hqrry's: Electric Inc Morwood·Metol Fabrloatlon Ltd P.ro dil cnange.Tlns9nbuf'Q' The Dam P.up '@ombur'i) Tillsonburg.Town Cent're Mall Townshfp·of$outh--West· Oxford Silver Scon·sors· Advar;\cecf~e~l'tl,C::u TillsonbtJrg Anytim~ Fltf':\ess Canadian Owl';lers·and-Pilots•·Ass.o·ciation C::ountiy ar¢wmos~r.s . courtland G.ar.dens·-flrofessi.on·al PropE;~rty MontJgEitl;ient Delhi Physlotherdt:>Y D6dsley· Pr'Qp,C!nisl Hoppenln.g _ Events·. . . .O!Grady &-A~:!!9cl¢t~s,lnsur¢1n6e ~ervi9es •Inc Otter Volley Fooas.lnc PramtEir ~!-.liPri'l~f t.tC:I .. Staples:BH~in~;Jj:i Oep<;>fTiU~pn,burg :stdbbe~s· Brarfdsoi!Jre"& :Hcb'me:IF.urrilshii:igs tins6n6.u.r9 .. 't5.er.jtal:,.q~.,~ · · · Tllls'Ot~burg t=:ry~ng .School Tillsonburg. Wt('le :cini;:t'-Be.er $hpp ·volunteers .CHM:trJ!emb~rsl.Voi\:Jofeers .<1~c;te'En'QineeiiLrn¢. (stO:ff) Uons.Ciub, · -· ·· 1·53 (yorri:avali:)~-~guapron~ Titts~nbLJ~g . ' -,··· . . . Sl.J.pp.:or't$'rs (pot op.-signs lOt .the. snowbirds) Adxancef;;f'Aq~mo.t!V~·R!3p<:;~(r ~ T~:ing Hom~,t-;tgrdW9r~·~~~~ctJrg benfre . Horv,9tn~Auw·~prR/C~~Q':~Cig_e Signs liowotct: :.J(:'jht~sori' (co-veY.'~) M&J.Tlreoratt ' · MyiT¢i'f:)J~~r9.W$.t:J.ll.l_s9Qburg .. . . _ .. _ THe Br:I~Q~;pt lJI,[l}qn,~;;>.urg~.Go.lf·C.our~e. Th~a U\{if:1.9~~'tci.rv ·eGrl\tre .!l!~~o.~!i?~c' ·r~:(nr~...;..;.. , .. 'FI . . .d u ....... , veme·s · · ~.r~,-. ..;.,ne.·. oor an · ·"'oliP~'· Vision for 2014 Airshow • Date: Saturday, August 23, 2014 (rain date Aug 24) • New name: Ontario South Coast lnt'l Airshow • Great Family Festival for Oxford County and area residents • Exciting Performances and Static Display • Benefit for Oxford Tourism • Exposure for Tillson burg Regional Airport • Donations to local Charities Airshow Sustainability Plan • Advance ticket sales • Evening with the pilots • Increased ticket prices • Rent lawn chairs • VIP section/business VIP section • Photo ops with aircraft • Concert after the Airsh Potential Partners • Received financial commitment from South-West Oxford • Canadian Harvard Aircraft Association -volunteers and networking • County of Oxford • Tourism (County of Oxford/Provincial) • Station Arts Center Budget overview cont'd • Advertising/promotional • Venue costs • Participant/static dispJay Estimated Expenses Estimated Profit $1,700 $10,200 $24,900 . $36,800 $16,650 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: 2014 AIRSHOW Report No.: DCS 13·64 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVE THAT Council receive Report DCS 13~64 2014 Airshow for information purposes. EXECUTIVE SUMMARY In light of the success experienced with the two airshows held in 2012, the Airshow Committee has been working towards planning another airshow in 2014. The plan is to hold an airshow every two years alternating with the Great Lakes International Airshow, which is held at the StThomas Airport. In holding an airshow, there are items that need to be addressed as follows: • Weather • Insurance • Budget/Sponsorship • Long Term Financial Sustainability • Legacy One of the risks in hosting an airshow is bad weather as adverse weather conditions can reduce or eliminate any revenue from ticket sales. The Committee is well aware of this risk and is planning ways to mitigate the potential impact of rain or other weather events. One way to do this is to focus on advance ticket sales and events. In terms of advance tickets sales, although they were available for the 2012 airshows, the opportunity to purchase in advance was not marketed fully. If the committee is successful in selling more advance tickets then some revenue will be secured. From: [CDyson@GiftofLife.on.ca] Sent: 03118/2014 02:20PM AST Subject: Registered organ donors save lives. Support organ and tissue donation! Dear Mayor - April is BeADonor.ca month. We are asking you to champion organ and tissue donor registration throughout the month in your community. When you register, you give hope to the 1,500 Ontarians waiting for an organ transplant. Sadly, in Ontario one person dies every three days while waiting for an organ transplant. One donor can save up to eight lives through organ donation and enhance as many as 75 others through tissue donation. Registered organ donors save lives, dontors don't. Register today at beadonor.ca. Trillium Gift of Life Network has developed a turnkey program using a variety of materials that can easily be customized for your community. The toolkit includes a menu of ready-made template emails and social media messages, and an action chart with ideas to mobilize your community. We have attached a copy of the BeADonor month toolkit for your office. If you haven't done so already, you can create a unique campaign page on www.beadonor.ca, which tracks progress against a pre-set goal in real time. This makes the initiative exciting and encourages engagement in your surrounding community. Please contact us if you have any questions. Keep a look out for our messaging that you can use on Facebook and Twitter. Trillium Gift of Life Network thanks you, in advance, for your support. Thanks, Carrie Carrie Dyson Communications Advisor Trillium Gift of Life Network Register today at BeADonor.ca One donor can save up to eight lives and improve life foT up to 75 others. 522 University Avenue, Suite 900 Toronto, ON M5G 1 W7 Tel: 416-619-2350 Fax: 416-214·7807 March 18, 2014 Mayor John Lessif Town of Tillson burg jlessif@tillsonburg.ca Dear Mayor: After a cold and snowy winter, many communities across the province are concerned about the potential for flooding this spring. I want to take this opportunity to update you on how my ministry responds to flooding and how our staff may be involved in your community during flood season. The Ministry of Natural Resources (MNR) is responsible for flood forecasting and warning at the provincial level in Ontario. MNR works with conservation authorities (CAs) and Environment Canada to forecast when and where flooding is likely to occur. MNR and CAs monitor watershed and weather conditions to predict water levels and flows, and issue flood messages. Flood messages help municipalities notify the public of developing unsafe river and lake conditions and advise them to take precautions. Preparing for Flooding The MNR's Surface Water Monitoring Centre (SWMC) performs daily assessment of flood hazard potential. Through the SWMC, the ministry: • maintains a daily stream flow watch that collects and analyzes stream flow and water level data; • maintains a daily weather watch that collects and analyzes weather data and forecasts; • measures watershed conditions daily, including depth of snow pack; • runs models to determine flood potential by looking at soil conditions, snow pack conditions, runoff potential and Great Lakes storm surge potential; and • operates automated alarms when hazardous weather conditions occur. The ministry monitors flood conditions 24 hours a day, seven days a week and is able to contact conservation authorities and other stakeholders immediately with updates. When the Risk of Flooding is High When conditions indicate an increased potential for flooding, my ministry issues flood messages to appropriate conservation authorities and MNR District Offices by e-mail and fax. After hours, conservation authorities and MNR District Offices are also contacted by phone. Flood messages are relayed to affected stakeholders, including Ontario Power Generation, CN-CP Rail, the Ministry of Transportation, Emergency Management Ontario, and isolated First Nations communities. TILLSON BURG: Just thought I would give you an update on how things went at Tillson burg today. In one word it was Great! -It was quite busy especially between 1:00 to about 2:30 -Lots of people came in to check out books -Almost all ofthe computers were on at one point -People came in and were reading in the chairs (books and newspapers) -quite a few families or grandparents with their kids looking at books and using the computers -lots of returns and renewals (a few renewals over the phone) -several holds/requests were placed -several phone calls about library hours -patron's were commenting on how they really enjoyed and appreciated the Sunday hours and noted how busy the library was -at 3:30 the count for the day is 72 people Thanks Jessica Lisa Miettinen CEO/Chief Librarian Oxford County Library 21 Reeve Street Woodstock, ON N4S 7Y3 (519)539-9800 x3260 Enhancing Green Spaces In Communities February 22, 2014 Mayor John Lessif Town of Tillson burg 200 Broadway Street, suite 204 Tillsonburg, Ontario N4G 5A7 Dear Mayor Lessif : l'oo~o. Pl~noondPIIdo •. Growinglogdlef Mise en valeur des espaces verts au sein des collectivites This letter Is to invite the Town of Tillson burg to the 2014 Edition of Communities in Bloom Ontario. Communities in Bloom is a Canadian non-profit organization committed to fostering civic pride, environmental responsibility and beautification through community involvement and the challenge of a national program. Communities have recognized numerous benefits from participating in the program: increased civic pride and commun~y \ involvement valuable information and feedback from the judges, positive benefits for tourism and improved quality of life. ! Your community is invited to participate in the Ontario edmon. Municipalities obtain all benefits of participation such as · networking, promotion, and Information exchange and, mostimportantiy, anlh:{lepth evaluation btp·rofesslonal volunteer judges but are not competing with other municipalities. Also, take advantage of a CIB info session to get the most out of the program. We are planning workshops in the Municipality of Southwest Middlesex, in the Town of Greater Napanee and in Muskoka Lakes (dates to be confirmed}: sessions will run from 10:00am to 2:00pm, registration is complimentary and a light lunch will be served. Experts will discuss the criteria: Tidiness, Environmental Awareness, Heritage Conservation, Landscape Areas, Tree/Urban Forestry and Floral Displays along the essence of the program, Community Involvement. The 2014 Ontario Provincial Awards, hosted by the Municipality of Lambton Shores, will be on Saturday September 13. You will find enclosed program .information: • the registration is online at www.communitiesinbloom.ca/clb2014 to be completed by May 1•', 2014 • contact us at 1-888-991-9319 or bloom@cib-cef.com for any further Information. Hopefully, our invitation will be of interest to your community. Sincerely, :Martin Quinn, Chair Communities in Bloom Ontario c.c. Mayor and Council Registration Information enclosed on reverse 112, Terry Fox Kirkland (Quebec) H9H4M3 T 514 694-8871 F 514 694-3725 E-Mail/Courriel : bloom@cib-cef com Web Site: www.communitiesinbloom.ca Site Internet : www .collectivitesenfleurs.ca @twitter .comfcibcef www .facebook.com/communitiesinbloom rBirtfKl.·vniiUI.. jUdges travel acroSS Canada dUring the SU(I'II'!l8r tO 8V81Uate comrri~~ltleS ~nd;theOVerall 'oontrJbOti~S OfmUniCipaJity, hmlirti'IHcHi & Institutions and residents, Including volunteer efforts ln.:regards.to;thefollowlng criteria: ·. · Tidiness. . Includes an overall tidiness Envlroi'lmentaf Acllon: lnch.ldes ~ito'rts Herftage .. Con'IH!rvatlon. The ~riteria effOrt. Elements for eValuation are green and adllevem,ehf'"'lth ·~pact to:· pdil~9s, includes efforts to p~erve heritage within spaces (parks, etc.), medians, bouleVards, by:laws, progr;ams ~nd best. practices, ,:}-R their community: Priority In evaluation · is sidewalk$, streets; municipal, commercial, initiatives. Jreducelr!')LJSelrecycle), ~te· given to natural heritage; as well as the . ;..,~titutional and . residential properties; reduction, coinP.ostlng. sitE!tl; .'hazardous integration of landscape ancl streetscapes as es, road shoulders, vacant lots and INaste collee$lns, . v.i$ter, · oonser:vatlon, It pertains to the built heritage of· a .,.Jidlngs;. weed oontrol, litter clean-up naturalization, and environmental community. Also consists of preservation of ,Jinctudlng .• cigarette butts and gum); graffiti stewardship activities under the :guiding cultural heritage which Includes monuments, .. -~c:b.vamdallsm~proQm.rns~ · · principles of sustainable del,lelopment. memori~;~is, artefacts, ·museums .and hiStory, pertaln!ng to green spaces~ · · .traditions, customs, festivals and • · < Sun Rivers Resort Community, BC -Ttdiness Award Winner, · presented by ·. Natura Ur.ba,n f~~try. Includes the efforts with regards .. to_ written · policies, • by~raws, standards ~r tree management (selection, plant.lrmc and maintenance), long and short-term managemwnt plans, . tree replacement polici~. tree Inventory, Integrated Pest Management (IPM), heritage, memorial and commemorative trees; · ..... Emnrot?mental Action Award ' Caii1ad./1 in. Nursery Landscape. This section o(the ·evaluation supports aiL efforts .to create an environment showcasing the overall surroundings. The Qverall plan and design must be suitable for . the intended use ;and ·loeaticin ori a ·year- round basis. ElementS· for ·eValuation include:· native · and'·li'ltroduced materials; balance of pl8\'lts; materials and constructed . elements; appropriate · Integration of hard surfades and art e18rrients·; use onurf and . . . . . .. .·::·.-.. ·:)·' .. Jasper, ·AB ·Heritage Conservetfon Award Winner; p1'98ented byBeauti~ Tone · · • Floral Displays. Evaluates 'efforts to design, plan, execute, and ITlalntaln floral display$: · Evaluation lncilude8 ·the design and arrangements of flowers and plants (annuals, 'perennials, ·bulbs, <ornamental grasses) in the context· of originality; distribution, locat.lon, diversity and balance, Colour, and hanriony. This pertains to flowerbeds, ·carpet bedding, containers, . TILLSONBURG DiSTRICT Chamtiel'. ojCommerce · BUSINESS; VI.TALITY. Februaryl2, 2014 TO: MayorJohn lessif and Members of Council . . . Subject: Debt Reduction, Town of Tillsonburg ··. . .:_ : .. The ·nllsonburgDistrict C:hamber of Commerce Board of Directors would like to congratulate Council on the substantial. debt reduction that has been achieved in your term of office .. · We note that froin December'20l0 to the end of 2013; there has been a debt red~ction of approaching·$4.7 Million and that by the end of2014; this number will be $S.7Million. · Perhapsmostimportantly,annuai principal and interestcostswill have been reducedfrom approximately $1.94 Million in. 2010 to approximately $1A Million by the end of 2014 thereby increasing the spending and investment capacity for the Town of TiUstmburg. Again, congratulations. These focused efforts are a strong indicator of the improved financial health ofTillsonburg and its abilityto attract and retain business. · Marce!Rosehart President Cc:·. Board ofDirectorsjTillsonburgDistrict:Chamber ofCommerce David Calder, Chief Administrative Officer P. 0. Box 113, Tillsonburg, ON N4G 4H3 (519) 688-3737 AMO MEMBERS UPDATE-Bill 69 -The Prompt Payment Act AMO Communications to: dewilson@tillsonburg.ca 03/19/14 02:33 PM Hide Details From: AMO Communications <communicate@amo.on.ca> To: "dewilson@tillsonburg.ca" <dewilson@tillsonburg.ca>, TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL March 19, 2014 AMO Calls for Rethink on Bill 69 -The Prompt Payment Act Today, AMO President Russ Powers called on the Standing Committee on Regulations and Private Bills to withdraw Bill 69 -The Prompt Payment Act, legislation that, if passed, will amend the payment terms of construction contracts in Ontario. In his remarks to the Standing Committee, President Powers noted that the Bill was flawed, constructed without consultation with AMO, municipalities and the broader public sector and creates significant concerns for municipalities for the prudent management of public funds. AMO's submission to the legislative committee outlined several substantive problems with the legislation that must be dealt with to ensure that municipalities can continue to exert due diligence over the payments for construction projects that are undertaken for the benefit of residents. These include: • Workable timelines to allow municipalities to review work done and certify payments properly. • Continuing to allow holdbacks to remedy construction deficiencies. • Allowing construction payments to continue to be tied to project milestones. • Ensuring payment applications are based on accurate information regarding work performed or materials delivered. • Exempting municipalities from the requirement to provide up-to-date financial information for each project without limit as municipal budgets are public documents. AMO has joined with a group of public and private sector organizations to call for an alternative consultative process led by the provincial government that engages all affected stakeholders. AMO Contact: Craig Reid, Senior Advisor, E-mail creid@amo.on.ca, 416.971.9856 ext. 334. PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. Date: 12/03/2014 09:52AM Subject: Town of Greater Napanee -Request for Support Hello Everyone, At its Special Session of Council held March 4, 2014, the Council ofthe Town of Greater Napa nee passed the following resolution: . RESOLUTION #75/14: Cole & Schenk That the Town of Greater Napanee not remit the 2014 increase in policing costs in the amount of $398,401until a new billing model is finalized that promotes fairness, as Ontario Municipalities were promised; and further that these funds be placed in a reserve; and further that correspondence be circulated to the municipalities within the OPP Policing Discussion Group requesting that they withhold their payment of any 2014 increase in support ofthis resolution. Please see attached correspondence. Thanks. Michelle King Confidential Secretary Town of Greater Napanee 613-354-3351 Ext 2004 c Greater Napanee GREATER FOR MANY REASONS Town Hall 124 John Street, P.O. Box 97 Naponee, ON K7R 3L4 TEL 613-354-3351 FAX 613-354-6545 www.greaternapanee.com March 6, 2014 Mayor and Council All municipalities are facing very tough fiscal situations and the Town of Greater Napanee is no different. Despite rising electricity costs, gas prices and a long winter, the Town has managed to absorb these operating costs into our 2014 budget without Impacting taxes. However, the additional $398,401 or 4.1% tax increase due to increasing policing costs will have to be passed on directly to ratepayers. The Billing Model used to calculate policing since 1998 has seen Police costs rise from $1.8 million to now $4.4 million dollars for my community. A group of dedicated staff from approximately 20 municipalities across Ontario have been actively working since 2001 to correct this situation. Greater Napanee has in past years drastically cut services to endure billing increases causing as much as an 8% tax increase in a single year. The Province has promised to correct this situation by developing a new billing model for policing by 2015. In late February, I was part of a delegation with 18 other municipalities asking for the Province to ensure we have adequate notice of billing model changes, to plan accordingly for our 2015 Budgets. With the possibility of a Provincial election looming, we also met representatives from the Conservatives and NDP caucuses to ensure they understood the importance of this issue. I write to you today to advise that Greater Napanee Council will begrudgingly levy the increased cost for OPP services caused under the existing model, but we will not pay the Province the additional $398,401. This additional amount will only be paid after we receive confirmation that a new billing model will be implemented in 2015 that creates fairness in the billing structure in Ontario. A new formula is simply a first step in a larger process and the Province, all Police Forces, municipalities and Police Service Boards must sit down and agree to fundamental changes to the provision of police services in Ontario to address unaffordable cost increases in this sector. Greater Naponee Is asking your Council to support our position and withhold your payment of any 20l4 increase~ until o new billing mode/Is finalized that promotes fairness~ as Ontario Municipalities were promised. For clarity, the membership of the OPP, do an excellent job and the service municipalities receive is not an issue. However, increases across the sector and an outdated, improper, and unfair billing model is a Provincial responsibility to address. Please help my Council ensure that it does get addressed in 2014. Mayor Gordon Schermerhorn ·Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Tillsonburg Hydro Inc. Public Information Meeting CAO 14-07 David Calder COUNCIL MEETING MARCH 24, 2014 DRAFT SPECIAL PUBLIC MEETING AGENDA That Council direct staff to schedule a Public Information Meeting to provide the information to the public as outlined in Report CAO 14-07 , Tillsonburg Hydro Inc. Public Information Meeting. And that stakeholders be given the opportunity to provide input to Council regarding the options for sale, merger, acquisition or status quo of Tillson burg Hydro Inc. EXECUTIVE SUMMARY At its meeting of February 27, 2014, Council adopted the following resolution: RESOLVED THAT a vote on proposed resolution #4 be deferred pending a public meeting to provide information to receive input from the public; FURTHER RESOLVE THAT Mr. Calder, CAO, develops a format and reports back at the Council Meeting of March 24th, 2014. The purpose of this report is to provide a format for a public meeting for Council's consideration. CONSULTATION/COMMUNICATION Staff has discussed the format of a public meeting with THI staff and the Board of Directors of THI in order to determine the type of information to be provided as part of a public meeting. As a result, attached as Schedule A is a proposed special public meeting agenda. In addition, the following information could also be provided in advance of the public meeting. KPMG report presented at the OGRA conference, KPMG report presented to the THI Board of Directors, Report of the Consensus Accord Committee, Report of the Ontario Distribution Page 3 I 3 CAO Schedule A ADOPTION OF AGENDA Proposed Resolution No. 1: THAT the Agenda as prepared for the Special Public Meeting Regarding Tillsonburg Hydro Inc. of April XX, 2014, be adopted MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF INTRODUCTION Chair Mayor Lessif PRESENTATIONS David Calder CAO -How we got here? Darrell Eddington, Treasurer, THI -Financial Details Philip Esseltine, Chair, THI Board of Directors DELEGATIONS-5 Minute Presentations INFORMATION ITEMS 1. Chronology of THI decision making 2. Report of the Ontario Distribution Sector Review Panel 3. Report of the Consensus Accord 4. KPMG Report ROMA Presentation 5. KPMG Report Tillson burg Hydro Inc. 6. THI Financial Summary 7. Rate Comparison Information 8. BDR Report NEXT STEPS Chair Mayor Lessif BY-LAWS Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Support to Ontario's South Coast Airshow 2014 CAO 14-06 David Calder COUNCIL MEETING MARCH 24, 2014 LETTER FROM CHAIR OF ONTARIO'S SOUTH COAST AIRSHOW COMMITTEE -FEBRUARY 27, 2014 SAMPLEPERFORMERAGREEMENT That Council provide the support as outlined in Report CAO 14 -06, Support to Ontario's South Coast Airshow Committee. EXECUTIVE SUM MARY The purpose of this report is to clarify the support Tillsonburg Town Council provides to the Ontario's South Coast Airshow Committee and the Airshow scheduled for August 2014. Recently, the Town received a letter dated February 27, 2014 from the Chair of the Ontario's South Coast Airshow 2014 (copy attached) seeking a letter in writing from the CAO committing the Town of Tillsonburg to being the signatory to all contracts for the airshow, being the financial backer for the airshow and providing insurance coverage for the airshow and its volunteers. CONSULTATION/COMMUNICATION Council will recall that the Chair of Ontario's South Coast Airshow presented to Council at its meeting of August 12, 2013 outlining the 2014 Airshow through a sustainability plan, committee structure, review of potential partners and a budget for the 2014 airshow. At that time, there was no specific request of Council for support in specific areas associated with the airshow event and as noted in the February letter from the Chair. Council subsequently approved funding of $7000.00 in the 2014 budget as a contribution to the airshow. The budget of $7000 is off set with a contribution of $2000.00 from South West Oxford. • contracts for performers and any possible funding shortfall would need to be addressed by the Town. Staff is supportive of the event but would request Council direction on the issues as identified in this report. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature David Calder Darrell Eddington Page 3 I 3 Date: March 14, 2014 Date: Date: March 14, 2014 CAO February 27, 2014 Cephas Panschow Development Commissioner Town of Tillsonburg 200 Broadway, 2nd Floor TIIIsonburg, ON N4G SA7 Mr. Panschow: The Ontario South Coast Airshow Committee has been working for over a year to organize an airshow requisitioned by you. This event was planned to be a family event on August 23, 2014 for the residents of Tillsonburg and Oxford County. A great deal of work has been put into the event to date by the committee and airboss. We currently have $40,000.00 worth of performers, airboss, planes and an announcer lined up for the August 23 event. The acts have us pencilled in and are committed to come to our show. The next step is for the performers and the committee to enter into a contractual agreement for the airshow. To date there has not been a definite answer from the Town of Tillsonburg if the Tillsonburg Airport Administrator will sign the contracts. This requires an answer as soon as possible to provide the performers with sufficient time to reschedule themselves and not hamper their personal income if this is not feasible. The committee is also unclear If the Town of Tillsonburg will support the Town sanctioned/ requested event financially. In the event of a financial loss who will pick up the bill? The committee is not in a position to do so. In order for us to continue and pursue organizing and securing a great family event, we require the following in writing from the CAO by March 6, 2014: 1) The Town of Tillson burg will be signatory to all contracts for the airshow, 2) The Town of Tillson burg will be the financial backer for the airshow, and 3) The Town ofTillsonburg i nsu ranee will cover the al rshow and its volunteers. I trust you understand the urgency in this matter. It is only fair to the performers and the volunteer committee to find out now if the Town of Tillson burg will support this event. Regards, Andre Brisson Chair Ontario's South Coast Airshow 2014 This contract, made this 29th Day of .January, 2014 Between Kent Pietsch and the undersigned sponsor is legal and binding. At no time may one party change or consider this void without first consulting the other contract party. TERMS OF CONTRACT AIRSHOW ACTS AGREED UPON Kent Pietsch agrees to perform the following act(s) on August 22"d·23rd for the undersigned as described below: Tilsonburg Air Show AIRCRAFT Interstate Cadet COMEDY, DEADSTICK Pickup truck top landing OTHER CHARGES COST $7000.00usd $2500.00 Mileage Charge ( ___ _ Miles X $.50 X Aircraft) over SOOmiles $ na Second Day Charge ($500 per aircraft) Smoke Oil (wingtip smokers included) $ 700.00 value Total Cost (USD) 20% Depqsit ( Paid 3 months prior to show date.) Total Balance Due at show site (USD) *-~ $ na $ na $ 9500.00 usd $ 1900.00 usd $ 7600.00 usd Sponsor agrees to provide the following: Fuel and oil as required for the aircraft 30 gallons lOOLL (depending on # of Press rides), 6 quarts of Aeroshell 100 plus oil, one vehicle, overnight accommodations for pilot(s) and ground crew, overnight hanger space for aircraft and a diagram of the show site. Two rooms one for pilot and one for pickup driver. Cancellation Clause: In the event that KP Stunt Productions Inc. Cannot arrive to perform the above acts due to mechanical or weather, KP Stunt Productions Inc. Will refund deposit and final balance will be forfeited. In the event that KP Stunt Prod. Inc. Arrives at show and the Sponsor cancels the Air Show, Sponsor will be responsible for performance fee and expenses. Tilsonburg Air Show Annette Murray Airport Administrator Development & Communication Services Town ofTIIIsonburg 244411 Airport Rd TIIIsonburg, ON N4G 4H1 Phone: 519-842-2929 Authorized Signature KP Stunt Productions Inc. Kent D. Pietsch POBox 356 Burlington, ND 58722 email mooney335@earthlink.net (70 I )240-4865 ~;~-~ Authorized Signature STAFF REPORT DEVELOPMENT AND COMMUNICATIONS SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: DISCOVER TILLSONBURG 2013 SUMMARY DCS 14-20 COLLEEN PEPPER, MARKETING & PARTNERSHIPS OFFICER COUNCIL MEETING MARCH 24, 2014 "THAT Council receive Report DCS 14-20 Discover Tillsonburg 2013 Summary; AND THAT staff be authorized to present the 2014 Discover Tillson burg package to local builders, developers and realtors." EXECUTIVE SUMMARY The Development and Communication Services Department began meeting with local builders in 2012 to discuss the feasibility of developing a cooperative marketing program to attract more residents to Tillsonburg. In 2013, three builders signed on to be a part of the new Discover Tillson burg marketing initiative. The initiative was developed under a partnership model where costs would be shared between the Town and the builders. This report summarizes the activities undertaken in 2013 and also provides information on planned activities in 2014. OVERVIEW The aim of the Discover Tillsonburg program is to promote the quality of life available in Tillsonburg, and ultimately attract new residents to settle in the community. Partnering builders in 2013 were Tillsonburg Developments Inc. (Baldwin Place), Hayhoe Homes (Reynolds Way), and Fusion Homes (The Oaks). Discover Tillsonburg was also promoted on radio, with 484 30-second spots airing on Easy101 and Country107.3 from May to August 2013. A summary of all advertising initiatives is provided in Appendix B. EVENTS Discover Tillsonburg was also promoted at several events-most notably the International Fall Home Show in Mississauga. The show drew an estimated 50,000 consumers over 4 days. While not every builder has a comprehensive tracking program in place, one builder reported 10 couples touring their site as a direct result of the home show. At all events, information folders were distributed, as well as pens, postcards and other promotional information. Details on all public events are provided in Appendix C. BRAND DEVELOPMENT The Town also facilitated a number of brand development activities during the year. Given that it had been many years since the Town had updated its trade show materials, the decision was made to invest in a vibrant new display featuring Discover Tillsonburg branding. Carpet, lights, a podium, a pop-up banner and a literature rack were also purchased. A supply of other branded promotional items was also acquired-including some in partnership with other Town departments. A complete list of brand development activities is provided in Appendix D. 2014 PROGRAM After a successful first year, it is recommended that the cooperative marketing program be continued in 2014. Council has budgeted for this activity and two new builders have already committed to the program with renewal commitments from existing partners currently being pursued. Over the next several weeks, Town staff will set up one-on-one meetings with the remaining stakeholders to gather feedback and obtain commitments for 2014. Page 3 I 11 CAO RECOMMENDED INITIATIVES (SUBJECT TO BUILDER INPUT) Item Description Estimated Cost New home publication Full page ad; 2 editorials; $1299 x 11 issues = rotating ads feature $14,289 photo of partnering builder home Google Adwords Monthly ads on Google $200 X 12 = $2400 Resident Profiles Short profiles of satisfied n/a residents from each development for use online *deferred from 2013 Shared Signage Shared directional signage $5000 to new home areas *deferred from 2013 Open House Weekend(s) Work with community $4000 organizations (incl. Real Estate Board) to host an Tillsonburg Showcase Open House weekend; feature special activities at each new home site; offer a community BBQ and community org awareness fair at a central site (info on hospital, service clubs, churches etc.) Two trade shows One regional, one GTA $4000 Welcome bags Suitable for distribution at $3000 tournaments, events etc. Special Event sponsorship TBA $1000 Miscellaneous TBD $680 TOTAL $34,369 Page 5 I 11 CAO APPENDIX A: Web Performance between Nov 15, 2012 -Dec 31, 2013 == Ql ·~ Ql > 0 I I Measure Total I Visits Unique Visitors Page Views Pages/Visit Avg Visit Duration Bounce Rate %New Visits 12,507 10,543 74,404 5.95 2:01 0.18% 84.28% TOTAL PAGE VIEWS = 74,404 UNIQUE PAGE VIEWS= 27,350 Page Page Views Unique Views Housing Intra 6342 2189 Recreation 3105 1133 Ill Employment 2958 930 Ql 110 Areas 2329 627 "' Q:. 0.. Rentals 2280 646 0 1-Events 1744 617 Lifestyle 1694 636 About 1532 646 Facilities 1263 458 Canada 11,980 85% 6 1:59 United States 348 77% 7 2:43 United 43 58% c: Kingdom 4:00 0 7 -.:: "' Not set 25 96% 6 1:38 u 0 ..... Philippines 21 43% 3 1:38 Hungary 7 86% 5 0:54 India 7 100% 7 1:41 UAE 6 83% 5 2:51 Australia 5 100% 9 6:18 Page 7 I 11 CAO APPENDIX B: Summary of Advertising Initiatives Theatre Tillson burg Production of "Stepping Out" at Full page colour ad program Otter Valley Playhouse Waterpark Fence sign Lake Lisgar Waterpark signage Full colour photo ad Arena Board in Large banner sign Website and logo Memorial Arena Ball diamond fence sign Large banner sign Website and logo 110 c 10 trucks travelling 401 and 403, 1-'iii Verspeeten Truck Ads Full colour photo ad 'f 75 corridor Ql > New Home and Condo Full colour, full page ad+ 2 "C 6 months (11 issues) < Ad Series editorials Radio Ads Country 107.3 and Easy101 ad News sponsorships from series March-August Google AdWords 11 months of Google Ads Postcard Brochure 25 holders purchased and created Distributed to restaurants, Holders tourism venues etc. Page 9 I 11 CAO APPENDIX D: Brand Development i Item 'I Description I I :I I Fabric Tension Display _Lightweight display Podium Branded podium for booth Folders 3750 full-colour die-cut folders with pockets Clothing (13) Mens/ (12) Women's Polos Pens 1000 Zebra Z-Grip Pens Postcards & Holders 28 Holders; 5000 postcards Web Maintenance Stock Images; Domain; Hosting fees Tote Bags *Covered under Ec Development Folders *Additional quantity of folders purchased by Parks & Rec Banner Popup banner with sponsors Brochure Rack Lightweight brochure holder Halogen Lights (2) Clip on lights to illuminate display Carpet lOxlO carpet kit Page 11 I 11 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Authors: Meeting Type: Council Date: Attachments: RECOMMENDATION: A & W Noise -Sound Barrier and MOE Investigation DCS 14-13 Lisa VanderWallen Geno Vanhaelewyn COUNCIL MEETING MARCH 10, 2014 DCS 13-77, SOUND BARRIER QUOTATION GUIDELINES, MOE CORRESPONDENCE THAT council receives "DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation" report as information. EXECUTIVE SUMMARY: As presented to council in report DCS 13-77: in 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru to 24 hour operation, prompting citizens living on Allen Street to complain to Town staff about noise related issues and various concerns for their properties. Proposed solutions in report DCS 13-77, presented to council in October of 2013, suggested that: "a noise barrier fence has been proposed and is currently being investigated by Town staff; and a referral has been made to the Ministry of the Environment (MOE)". Following up from the October 2013 report, the purpose of this submission is to update council on findings from a noise investigation from the MOE and elaborate on noise barrier fence options. Council also requested that this report include information on revising the noise by-law to determine if an amendment is possible and asked staff to contact the Police Services Board for addressing OPP patrolling of the area. RESULTS FROM MINISTRY OF ENVIRONMENT INVESTIGATION: Requested by the Town By-law enforcement officer, MOE Environmental Officer Pawel Kucharski met with a complainant from Allen Street and conducted an investigation. Admitting that MOE investigations are limited to only dealing with stationary sources and cannot limit the noises from transportation corridors, Mr. Kucharski conducted readings and recorded observations at the A & W site on December 11, 2013. The complainant's request that the MOE return to do tests in the summer to measure noises from customers in the parking lots was rejected by MOE, since they do not have jurisdiction to regulate noisy Page 3 I 3 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Noise Issues - A & W and Allen Street Citizens DCS 13-77 LISA VANDERWALLEN COUNCIL MEETING OCTOBER 15, 2013 MINUTES FROM JULY 16 2013 MEETING MINUTES FROM AUGUST 13 2013 MEETING THAT council receives DCS 13-77 Noise Issues - A & W and Allen Street Citizens report as information. EXECUTIVE SUMMARY Town staff has received various complaints from citizens of Allen Street about noise issues as a result of the recent conversion to 24-hour drive thru at the Broadway Street A & W restaurant. DCS 13-77 summarizes for council, the results of the complaints and subsequent attempts at resolution. BACKGROUND In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -11pm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Noise Bylaw Issues: Brought first to the attention of the municipal bylaw enforcement officer, the first noise bylaw complaints in the spring of 2013 included a few specific issues which warranted investigation. A complaint about the dumpsters being emptied too early on April 26th 2013 led to an investigation into the waste removal contractor who assured Town officials that the contractor's GPS -tracked vehicles showed that the dumpster was emptied in error too A & W Restaurant Response: At meetings with Town staff and Allen Street citizens, A & W provided a response to the various concerns. A & W affirmed its commitment to being good neighbours in the community. The transition to 24 hour drive thru occurred in an attempt to generate more business for the restaurant and the company claims that remaining open 24 hours is profitable, and unlikely to change. A & W says that the restaurant sees about 250 cars during the overnight during an average week, the majority of which are shift workers coming in late to get food during their lunch breaks. A & W has conferred with their corporate offices to find solutions and have offered to post signs reminding people to be quiet and conscious of the neighbours nearby. The volume of the speaker box has been turned down and A & W has assured Town staff that the staffing at night are mature and have been given additional training for special late night issues which may arise. Proposed Solutions: Looking to find a resolution, meetings in July and August facilitated by Town staff have allowed conversation between complainants and the restaurant. The request for the restaurant to move to original drive thru operating hours (7am -Upm) has been rejected by A & W and 24 hour operation will resume. Proposals for further changes to the call box will likely not be sufficient for resolving the overall problems. A noise barrier fence has been proposed and is currently being investigated by Town staff. A referral has been made to the Minister of the Environment and Oxford County OPP have been involved throughout the entire investigation. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Lisa VanderWallen David Calder Page 3 I 3 Date: September 19, 2013 Date: September 27, 2013 Date: CAO Sound Barrier Quotation Guidelines: In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -11pm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Considered as an option to mitigate the noise, a sound barrier fence system could be installed behind the restaurant and this report will serve as a guideline for different options. Ministrv of Environment Standards: In their October 1997 report, "Noise Assessment Criteria in Land Use Planning: Requirements, Procedures and Implementation", the MOE has some recommendations as to the effective implementation of Noise Barriers. Outlined in section 5.1.1 of the report the MOE states: If a barrier is used as a noise control measure, its height must be such that the line of sight between the source and the receiver is obstructed. It is required that the surface density of the noise barrier be a minimum of 20 2 kg/m . It is further required that the barrier be designed and constructed without cracks or gaps. Any gaps under the noise barrier that are necessary for drainage purposes must be minimized and localized, and must not deteriorate the acoustical performance. Consultation with different installers of sound walls confirms that a major strategy for noise mitigation includes separating the sight line with a barrier wall. For the application required for A & W, the sound barrier would have to intersect the sight line between the bedroom windows of the Allen Street citizens and the drive through lanes, with emphasis on the call box area. Exoerience From Other Municipalities: The Mississauga Planning and Building department established design reference notes for drive thru which was approved by council January 30th 2008. The guidelines say, that "where lanes require noise mitigation, noise barriers adjacent to a residential zone should be maximum height of 2.4 m (7.9 ft.) to minimize the visual impact." The guidelines go on to say that "a combination berm/noise barrier is an acceptable solution in circumstances where a 2.4 m (7.9 ft.) noise barrier does not provide adequate noise mitigation." Mississauga's guidelines highlight the difficulty in installing barriers that work to block the noise yet are still visually attractive. 593 Broadway-A&WNoise Complaint Kucharski, Pawel (ENE) to: Kathleen Musselman/Tillsonburg (KMusselman@tillsonburg.ca) 23/12/2013 12:23 PM Cc: Geno Vanhaelewyn!Tillsonburg, "Slivar, Bob (ENE)" Hide Details From: "Kucharski, Pawel (ENE)" <Pawel.Kucharski@ontario.ca> To: "Kathleen Musselman/Tillsonburg (KMusselman@tillsonburg.ca)" <KMusselman@tillsonburg.ca>, Page 1 of2 Cc: Geno Vanhaelewyn/Tillsonburg <GVanhaelewyn@tillsonburg.ca>, "Slivar, Bob (ENE)" <Bob.Slivar@ontario.ca> History: This message has been forwarded. Good morning Kathleen, One Wednesday December 11,2013 I conducted some noise readings backyard. Prior to conducting the readings I sat down and spoke with-I informed him that I the MOE does not typically deal with sounds from fast food restaurants. His biggest concerns which he repeated many times were the individuals who were in the parking lot at late hours and the vehicles with load exhausts ordering in the drive-thru. His concern with the speaker seemed to be lesser of a concern. He was adamant that I do readings in the summer when all the high school kids hang out in the parking lot and when there are more loud vehicles passing through. I informed him that we do not regulate noisy people, mobile equipment and speakers for a drive-thru, and that responsibility is with the city by-laws and planning. After conducting a number of tests, I came to the conclusions that the only exceedance in noise levels that I observed was when loud vehicles drove past on Broadway (18 wheelers, 4x4's) and when. -forced air furnace exhaust came on. I also conducted readings only when vehicles were in the drive-thru. The three vehicles that I did readings on resulted in noise levels less than 45 dB which included the motor running, the speaker, and person to person conversation at the window. During the readings I stood nearby the whole time and actually noticed that the window attendant speaking in person to the driver at the window was equally as loud as the conversations held at the speaker. MOE does not have any authority to deal with noises from transportation corridors, i.e., railways and roadways (including off-site haul routes); occasional movement of vehicles on the property such as delivery of goods to and the removal of goods/refuse from convenience stores, fast food restaurants and similar commercial facilities, etc.; and parking lots for private passenger vehicles at offices or commercial facilities such as retail stores, plazas or shopping malls, or employee parking lots at industries and commuter parking lots, noise resulting from gathering of people at facilities such as restaurants. I hope some of this information is helpful moving forward. If you have any questions, please do not hesitate to contact me. I will inform~f my observations and will be recommending to close the file. file:/ //C:/U sers/ gvanhaelewynl AppData/Local/Temp/notesF 19128/~web4 770.htm 04/03/2014 ) STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: REQUEST FOR AMENDMENT TO AGRICULTURAL LAND LEASE TERMS DCS 14-15 ANNETTE MURRAY COUNCIL MEETING MARCH 24, 2014 "THAT Council receive Report DCS 14-15 Request for Amendment to Agricultural Land Lease Terms; AND THAT the terms of the lease with Field and Flock Farms Ltd remain as contained in the original lease agreement; AND THAT a refund in the amount of $3,824.20 be credited towards Field and Flock Farms Ltd to offset development, drain cleaning and acreage adjustments." EXECUTIVE SUMMARY On December 10, 2012 Council approved the lease of 350.8 acres of airport agricultural land to Field and Flock Farms for a 5 year period at a rental rate of $385 per acre. This bid was obtained through a public tender process. In December 2013, Matt Versteegh, President of Field and Flock Farms, indicated to staff that, due to the unusually wet summer and fall, he had experienced crop losses due to ponding of water on the airport agricultural lands. Mr. Versteegh believed that this was due to inadequate drainage of these lands and requested a credit for the affected areas. Staff indicated that any change in the terms of the agreement were subject to Council approval and asked that the request be made in writing for Council's consideration. Mr Versteegh subsequently provided an analysis of the airport arable lands, which was presented to Council on February 27, 2014 and referred to staff for a report. The lease agreement does provide for minor improvements to the property at the Lessee's cost and not the Town's although there is provision that the Town will consider entering into a second agreement for proposals that significantly expand the lands available for agricultural production. Field & Flock Farms are free to bring forward proposals to expand lands for agricultural production for Council's consideration should they so desire. CONSULTATION/COMMUNICATION A legal opinion has been obtained from Mandryk Stewart & Morgan and their opinion supports staff's position. FINANCIAL IMPACT /FUNDING SOURCE The proposal put forward by Mr. Versteegh is to pay for the 301.13 acres of actual farmed land with a credit totaling $19,122.95 for the 49.67 acres of land impacted by flooding. The agreement provides for reimbursement of costs where the airport requires the land for their purposes. In this case, approximately two acres of land was used for the construction of two new hangars, including damage caused by the bulldozer, at the airport and the costs incurred for these lands total $546.25. In addition to this, the lessee is not required to pay rental fees on those lands so the total impact of the development is $1,316.25. Staff are estimating approximately one acre of land was affected by the ditch cleaning at a cost of $197.95 plus rent credit of $385 for a total of $582.95. Correction to acreage calculation due to GPS measurements is estimated at $1,925 (five acres * $385 per acre). As per the agreement, staff has calculated the 2013 credit for Field & Flock Farms at $3,824.20 based upon the development impacts to crop production and the revised acreage ca leu lation. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature ANNETTE MURRAY DAVID CALDER (ACTING) DARRELL EDDINGTON Page 3 I 3 Date: MARCH 13, 2014 Date: MARCH 14, 2014 Date: MARCH 14, 2014 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: LEASE OF INDUSTRIAL LANDS FOR AGRICULTURAL PURPOSES DCS 14-18 CEPHAS PANSCHOW COUNCIL MEETING MARCH 24, 2014 LEASE-PAUL BOESTERD AGRICULTURAL LAND "THAT Council receive Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes; AND THAT Council award the lease of 93.45 Acres of industrial/and to Paul Boesterd subject to entering into the Town of Tillsonburg's standard agricultural lease agreement; AND THAT a bylaw be brought forward for Council's consideration." EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to award the tender for the lease of industrial lands for agricultural purposes (See Appendix A for a description of the properties). The leases are for three crop years and would terminate on December 31, 2016. The tender was released on February 3, 2014 with a response date of February 27, 2014. A total of four separate bids were received from three different companies. The lease of industrial lands for agricultural purposes results in taxable assessment, which means that the Town of Tillson burg is responsible to pay County and Education taxes. These costs are paid for out of the lease revenue. The remaining lease revenue would be allocated to the Economic Development Office Operating Budget. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature CEPHAS PANSCHOW DAVID CALDER (ACTING) DARRELL EDDINGTON Page 317 Date: MARCH 17, 2014 Date: MARCH 18, 2014 Date: MARCH 18, 2014 CAO 20 CLEARVIEW DR {12.45 ACRES OF FARMABLE LAND} I :3000 SCALII ----WA'l111l(111111) ----SAND'AJ.Y(mm) ----27.6J[.V.HYD1t0 SITIIARBA ) Page 5 I 7 CAO VIENNA RD (17 ACRES OF FARMABLE LAND) 1:4000 SCALI ---WATBil(IID) ---SANILU.Y(-) ---27.6E.V. HYDliO ----NA'IUIALOAS(~ SD'II AltHA. Page 717 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: LEASE OF INDUSTRIAL LANDS FOR AGRICULTURAL PURPOSES DCS 14-18 CEPHAS PANSCHOW COUNCIL MEETING MARCH 24, 2014 LEASE-PAUL BOESTERD AGRICULTURAL LAND "THAT Council receive Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes; AND THAT Council award the lease of 93.45 Acres of industrial/and to Paul Boesterd subject to entering into the Town of Tillsonburg's standard agricultural lease agreement; AND THAT a bylaw be brought forward for Council's consideration." EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to award the tender for the lease of industrial lands for agricultural purposes (See Appendix A for a description of the properties). The leases are for three crop years and would terminate on December 31, 2016. The tender was released on February 3, 2014 with a response date of February 27, 2014. A total of four separate bids were received from three different companies. The lease of industrial lands for agricultural purposes results in taxable assessment, which means that the Town of Tillson burg is responsible to pay County and Education taxes. These costs are paid for out of the lease revenue. The remaining lease revenue would be allocated to the Economic Development Office Operating Budget. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature CEPHAS PANSCHOW DAVID CALDER (ACTING) DARRELL EDDINGTON Page 317 Date: MARCH 17,2014 Date: MARCH 18, 2014 Date: MARCH 18, 2014 CAO 20 CLEARVIEW DR (12.45 ACRES OF FARMABLE LAND} Page 5 I 7 CAO VIENNA RD (17 ACRES OF FARMABLE LAND) 1:<40110 SCAU! ----WATBil(DD) ----SANILU¥(-) ----27:6E.V.HYDltO ----NATUIALGAS (JIQ) Sllll Altl!A. Page 717 CAO THIS AGREEMENT made in quadruplicate this __ day of _____ ,, 2014. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, of the First Part, -and- Paul Boesterd hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of lands hereinafter described (a) Lands located on the south side ofHwy 3, legally described as Parts 1, 2, 3, 4, 13 and part of Part 12 and 15, RP 41R-8336, consisting of approximately 37 acres of arable land; (b) Lands located on the east side ofClearview Dr, legally described as Part Lot 2-3, Con 5 NTR Middleton, Parts 1 & 2, 41R-3421 and Parts 5 & 6, 41R-3691, except Part 2, 41 R-5307, except Part 1,41 R-5366, consisting of approximately 12.45 acres of arable land; (c) Lands located on the west side ofRokeby Sideroad, legally described as Lot 1641, Plan 500, MID Con 4 NTR, Pt Lot 10, being part ofParts 1 & 2, Plan 41R-8386 (Oxford Registration #)/3 7R-1 003 8, consisting of approximately 27 acres of arable land; and, (d) Lands located on the east side of Highway 19 (Vienna Road), legally described as Part Lots 1639, 1638A & 1613, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, consisting of approximately 17 acres of arable land. AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth in this agreement (the "Lease"). NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set out below to the Lessor by two payments each year during the term of this Lease. The first payment of which shall constitute 50% of annual rental fee and shall be due and payable no later than April 1 of each year that this indenture remains in force and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this Lease remains in force: (a) Annual rent of$21,026.25 based on a rate of$225 per acre (the "Base Rent"). 2. TERM The term ofthe Lease shall be from April 1, 2014 to December 31, 2016 (the "Lease Term'). The Lease Term can be extended for additional one (1) year terms by the Lessor in its sole and absolute discretion. There is no representation or warranty of the Lessor that it must, shall or will extend the Lease Term. Page 3 6. FARM BUSINESS REGISTRATION NUMBER The Lessee shall be required to provide proof of valid Farm Business Registration Number (OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term. 7. QUIET ENJOYMENT OF LANDS IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with the Lessee for quiet enjoyment of the lands leased. Notwithstanding the foregoing, the Lessor shall be permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being borne by the Lessee. 8. ASSIGNMENT The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and conditions contained in this Lease. 9. INSURANCE The Lessee acknowledges and agrees to provide to the Lessor proof of liability insurance in an amount not less than $2,000,000. The Lessee's insurance shall name the Lessor as an additional insured. 10. INDEMNIFICATION The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against any and all claims, suits, proceedings, 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 Lands 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 Lands 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. 11. MAINTENANCE The Lessee covenants to maintain all of the Lands pursuant to this Lease in good condition at all times during the Lease Term, any extension of the Lease Term and any overholding periods (if any). The Lessee further covenants to keep the Lands free from refuse and shall not store any refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor to be noxious, hazardous or refuse. 12. IMPROVEMENTS TO LANDS The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering into a second agreement for proposals that significantly expand the area available for agricultural production at the Lessor's sole discretion. 13. BANKRUPTCY The Lessee acknowledges and agrees that if during the Lease Term any ofthe goods or chattels of the Lessee shall at any time during the said term be seized or taken in execution or in attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing balance of Base Rent shall immediately become due and payable and the said term shall, at the option of the Lessor, immediately become forfeited and determined and in such case, the Lessor may re-enter and take possession of the said lands as though the said lands was holding over after the expiration of the said term. Page 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. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Development Commissioner The Corporation of the Town ofTillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G SA 7 Fax: 519-842-9431 If to the Lessee: Paul Boesterd: 243930 Airport Rd RR7, Tillsonburg, ON N4G 4H1 F:(519) The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or any part thereof without consent of the Lessor. 16. MISCELLANEOUS 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. 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. 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. 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. The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. 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. 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. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. Page 7 APPENDIX A -SUBJECT PROPERTIES 3001 HWY 3 (37 ACRES OF FARMABLE LAND) line Located on the southwest corner of Hwy 3 and Clearview Dr intersection Page 9 ROKEBY RD (27 ACRES OF FARMABLE LAND} VIENNA RD (17 ACRES OF FARMABLE LAND} Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2013 REMUNERATION AND EXPENSES FIN 14-10 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: 2013 REMUNERATION AND EXPENSES RECOMMENDATION THAT Council receives report FIN 14-10 2013 Remuneration and Expenses as information. EXECUTIVE SUMMARY To provide a report to Council for remuneration and expenses for the year ended December 31, 2013. BACKGROUND Section 284 of the Municipal Act, 2001, 5.0. 2001, requires that the Treasurer of a municipality shall, on or before March 31 of each year, provide to the Council of the municipality an itemized statement of the remuneration and expenses paid in the previous year to: • each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; • each member of council in respect of his or her services as an officer or employee of the municipality or other body; and • each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. FINANCIAL IMPACT /FUNDING SOURCE The attached document summarizes the remuneration, conference, seminar and expenses paid to Councillors and Board members for 2013 of $203J18.05 (2012 -$223J95.64). CAO REMUNERATION & EXPENSE REPORT ANALYSIS For the Year Ended December 31,2013 POLICE CONFERENCES, MEETING SERVICES HYDRO SEMINARS& SALARY PER DIEM BOARD BOARD EXPENSES TOTAL Mayor Lessif $30,242.99 $3,934.16 $3,180.50 $5,677.32 $43,034.97 Councillor Renaud $12,688.09 $650.00 $3,609.59 $524.78 $7,211.98 $24,684.44 Councillor Getty $11,463.03 $6,361.00 $3,129.76 $20,953.79 Councillor Klein $11,463.03 $5,836.22 $17,299.25 Councillor Stephenson $11,508.41 $325.00 $324.57 $1,936.77 $14,094.75 Councillor Beres $11,488.41 -$130.00 $1,693.26 $13,051.67 Councillor Rosehart $11,463.03 $96.05 $11,559.08 Michael Bossy $7,157.00 $7,157.00 John Gilvesy $260.00 $7,157.00 $3,522.40 $10,939.40 Bryce Sibbick $7,157.00 $7,157.00 Phil Esseltine $520.00 $7,952.00 $5,227.15 $13,699.15 David Palmer $390.00 $3,934.16 $1,013.67 $5,337.83 John Smith $520.00 $3,934.16 $1,687.89 $6,142.05 Larry Scanlan $910.00 $5,075.00 $2,622.67 $8,607.67 $100,316.99 $3,445.00 $20,811.64 $45,325.50 $33,818.92 $203,718.05 Authorized under By-Law 3429 REMUNERATION & EXPENSE REPORT ANALYSIS For the Year Ended December 31,2013 Mayor Lessif Councillor Renaud Councillor Getty Councillor Klein Councillor Stephenson Councillor Beres Councillor Rosehart Michael Bossy John Gilvesy Bryce Sibbick Phil Esseltine David Palmer John Smith Larry Scanlan SALARY $30,242.99 $12,688.09 $11,463.03 $11,463.03 $11,508.41 $11,488.41 $11,463.03 $100,316.99 Authorized under By-Law 3429 MEETING PER DIEM $650.00 $325.00 -$130.00 $260.00 $520.00 $390.00 $520.00 $910.00 $3,445.00 POLICE SERVICES BOARD $3,934.16 $3,609.59 $324.57 $3,934.16 $3,934.16 $5,075.00 $20,811.64 HYDRO BOARD $3,180.50 $524.78 $6,361.00 $5,836.22 $7,157.00 $7,157.00 $7,157.00 $7,952.00 $45,325.50 CONFERENCES, SEMINARS& EXPENSES $5,677.32 $5,053.68 $3,129.76 $1,936.77 $1,693.26 $96.05 $2,409.35 $3,068.85 $1,013.67 $1,687.89 $2,622.67 $28,389.27 TOTAL $43,034.97 $22,526.14 $20,953.79 $17,299.25 $14,094.75 $13,051.67 $11,559.08 $7,157.00 $9,826.35 $7,157.00 $11,540.85 $5,337.83 $6,142.05 $8,607.67 $198,288.40 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2013 REMUNERATION AND EXPENSES FIN 14-10 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: 2013 REMUNERATION AND EXPENSES RECOMMENDATION THAT Council receives report FIN 14-10 2013 Remuneration and Expenses as information. EXECUTIVE SUMMARY To provide a report to Council for remuneration and expenses for the year ended December 31, 2013. BACKGROUND Section 284 of the Municipal Act, 2001, 5.0. 2001, requires that the Treasurer of a municipality shall, on or before March 31 of each year, provide to the Council of the municipality an itemized statement of the remuneration and expenses paid in the previous year to: • each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; • each member of council in respect of his or her services as an officer or employee of the municipality or other body; and • each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. FINANCIAL IMPACT /FUNDING SOURCE The attached document summarizes the remuneration, conference, seminar and expenses paid to Councillors and Board members for 2013 of $198,288.40 (2012-$223,795.64). CAO Title:· Report No.: Author: Meeting Type: STAFF REPORT FINANCE IT WORK PLAN FIN 14-11 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: TILLSONBURG PROJECT STATUS RECOMMENDATION THAT Council receives report FIN 14-11 IT Work plan as information. EXECUTIVE SUMMARY To provide a status report to Council for the IT work plan. BACKGROUND Council may recall that the IT Strategy was presented to Council by Deloitte at the Council meeting of January 13, 2014. Since that time, the following key items have occurred: Director of Finance was assigned as the liaison with County IT staff; -Senior Management Team assigned the role of IT governance for the Town; Microsoft license audit near completion; New photocopiers to be installed March 18th and 19th; -Continued roll out of new personal computer hardware and software; Dell Canada working on server and storage replacement plan; Monthly meetings with Deloitte beginning in March to discuss status; -County IT diligently making progress on implementing the IT strategy. County IT staff has provided the attached project status template. This reporting template is a work in progress in that the template will be more customized in the future to provide more detail and address, for instance, what the County expected completion date is by task. County expects to shorten most Deloitte suggested time frames. The template outlines the estimated start and completion dates as per the IT Strategy with added status comments from the County. The template will be kept current by County IT and it is staff's intention to report to Council every two months with IT progress, activity and issues, if any. CAO Basic Data Entry .j Return to·the liltroduction Fill in all of the white cells with the necessary information. To view additional instructions, hover your mouse over the table column headings. Tillsonburg IT Strategic Plan Implementation January 1, 2014 December31, 2018 Michael McCuaig -- 1. Project Team Members, Task Groups & Stakeholders ' · .. ~~-~~~~~~,)~~~jj;~;~~~~r:i-•3,0:-J: .. ,,,:c• ·• ~ Name Date Holiday Michael McCuaig Good Friday John Pucher Easter Monday Marian Klenk All Day Dept Meeting April Daryl Richards Canadian Victoria Day Don Mahoney US Independence Day Oxford County IT Group Non-Project Work Day Town of Tillsonburg SMG Canadian Thanksgiving US Thanksgiving Christmas Day New Year's Day Test ..... l'f'.......,_. ............................ : ·T,....m..c~~•~~.....,.n-.lft.s~t,..,..•,.r~p~DctlhlodiD..,.n«carry~OO!fldly.N&rn.ucl!lak~. ·Tu.kOII.nermultbllillldlldlromtholo*op<»wwlnlllll.llllll ... nan.&-enliiM,U..~~~~IOIIIIOt.CIIfY-roon.cciJ. ~canbllnMitedON.Ybyh~U..delhdroworoelripi'ISI)ng-i::TRI.l" RowlcanbldlllledOM..Yby~tholciKirldroworoelandptMiirlg"C1'RI..d." Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 20i3 DEVELOPMENT CHARGES ANNUAL STATEMENT FIN 14-09 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MARCH 24, 2013 Date: Attachments: RECOMMENDATION THAT Council receives report FIN14-09 2013 Development Charges Annual Statement. AND THAT the Director of Finance be directed to file the annual statement with the Minister of Municipal Affairs and Housing within 60 days after the statement has been received by Council. EXECUTIVE SUMMARY To provide to Council the 2013 Development Charges Annual Statement. BACKGROUND In accordance with Section 43(1) of the Development Charges Act, 1997, the Treasurer of the Municipality shall each year give Council a financial statement relating to the development charge by-law and reserve funds established under By-Law No. 3361. And in accordance with Section 43(3), the Treasurer shall give a copy of the statement to the Minister of Municipal Affairs and Housing within 60 days after giving the statement to Council. The attached statement provides the 2013 continuity schedule for the development charge reserve funds. FINANCIAL IMPACT /FUNDING SOURCE N/A CAO TOWN OF TILLSONBURG Development Charge Reserve Funds Statement For the Year Ended December 31, 2013 Non-Discounted Services Roads Protection -Fire Protection -Police Parking Storm Water Discounted Services Recreation Library Fleet Administration Total Opening Balance $ 76,248.47 $ (69, 129. 76) $ (8, 109.28) $ - $ (1,464.78) $(317,310.88) $(188,546.40) $(237,449.27) $ (25,385.68) $(771,147.58 Accrued Collections Interest $(225,392.00) $ 653.21 $ (16,361.00) $ (782.04) $ (2,845.00) $ (160.64) $ (10,989.00) $ (617.00) $ (17.62) $ (80,586.74) $ (4,217.71) $ (41,165.92) $ (1,126.99) $ (38,648.00) $ (2,915.87) $ (1,094.00) $ (309.99) $(417 698.66) $ (8 877.65) C:\Users\DEDDIN-1\AppData\Locai\Temp\notes1 F685E\2013 DC Reserve Fund Statement 11/03/2014 Repayment of Borrowed Funds Incl. Interest Transferred to Amounts Loaned Amounts Borrowed Capital or Amounts to other Service from Fund for Other Closing Other Funds Refunded Category Credits Municipal Purposes Balance $ 9,470.00 $ (139,020.32) $ (86,272.80) $ 10,669.00 $ (445.92) $ 10,989.00 $ - $ (2,099.40) $ 152,310.00 $ (249,805.33) $ 230,839.31 $ - $ (279,013.14) $ 6,557.96 $ (20,231.71) $ 420 835.27 $ -$ -$ $ (776 888.62) 0.00 STAFF REPORT PARKS AND RECREATION SERVICES Title: Awarding the Contract to Demolish the Grandstand Report No.: PRS 14-08 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: • Tender 01-14 RECOMMENDATION THAT Council receives Report PRS 14-08 Awarding the contract to demolish the Grandstand; AND THAT Council award the contract to Kirwin Oatman Excavating at the tendered price of $34,780 plus applicable taxes. EXECUTIVE SUMMARY As part of the 2014 Business Plan, $60,000 was earmarked for Grandstand demolition and associated relocation of electrical distribution equipment. A tender was issued for the demolition of the grandstand and it closed on March 18, 2014. Two contractors picked up packages and bid on the work. Staff recommends that Council award the contract to Kirwin Oatman Excavating at the tendered price of $34,780 plus applicable taxes. BACKGROUND INFORMATION The grandstand demolition project includes removal of the existing structure and footings with site restoration to a gravel-filled area compacted and level with the surrounding road surface. There is a major hydro supply for some of the fairground buildings and lighting that is routed through the grandstand via a large transformer beside the building and a distribution panel inside. This transformer & panel will have to be removed as part of the demolition project and the reconnections made using a different routing. The work to do the electrical disconnect, transformer removal, and reconnection are not part of this demolition contract and will be contracted for separately in collaboration with THI and Town engineering staff. 1/2 D PRS 14-08 -Awarding the contract to demolish the grandstand.docx CAO Grandstand Demolition Tender T-01-14 Section One Instruction to Bidders 2. Amendments to Bid Documents 2.1 Questions of a technical nature and all purchasing-related enquiries in relation to this RFT shall be directed in writing to Kelly Batt FAX : (519) 842-4120 ore mail kbatt@tillsonburg.ca 2.3 A bid shall be disqualified where contact is made with any person at the Town other than the individuals outlined above. 2.4 The Town shall not be responsible for instructions, clarifications or amendments communicated orally. Instructions, clarifications or amendments which affect the Bid Documents may only be made by addendum. 2.5 If bidders find discrepancies, omissions, errors, departures from building by-laws, codes or good practice, or points considered to be ambiguous or conflicting, they shall bring them to the attention of the Town as per Section 2.1 in writing, and not less than seven (7) business days before the bid closing date, so that the Town may, if the Town deems it necessary, issue instructions, clarifications, or amendments by addendum to all bidders prior to the bid closing date. The Town will endeavor to issue such addenda at least seventy-two (72) hours prior to bid closing. 2.6 Addenda's issued during the bidding period shall become part of the Bid Documents and their receipt shall be acknowledged in the space provided on the Form of Tender. Notices of addenda will be posted on the Town's website www.tillsonburg.ca Although notification of the Addenda will be sent to the plan-takers list via e-mail, it is the bidder's responsibility to check the Town's website to assure they have the most recent addenda. 3.0 Bid Performance & Security 3.1 Each bid shall be accompanied by bid security, if applicable, in the form of a bid bond or certified cheque in the amount of Not Applicable. All bid bonds shall name the Town as oblige and be issued by a surety licensed to conduct surety and insurance business in Ontario. The bid security is for the benefit of the Town and stands as security that the bidder, if awarded the contract, will deliver the performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the contract, and will execute the contract. The bid security shall remain valid for a period of one hundred and forty {140) days from the date of bid submission. amendments may result in the bid being declared non-compliant. 4.4 Bids that are unsigned shall be declared non-compliant and rejected. 4.5 Bids that are not originals, improperly signed, un-initialed, incomplete, conditional or illegible, may be declared non-compliant. 4.6 Bid Price Bids containing clerical errors that do not result in any ambiguity with respect to the overall submission or award decision, in the opinion of the Director of Finance shall be given 2 business days to correct and initial. 4. 7 Listing of Subcontractors 4.7.1 Where required by the Bid Documents, a bidder shall submit a list of subcontractors. Failure of the bidder to list subcontractors and suppliers, where required, or the listing by a bidder of more than one subcontractor and supplier to perform or supply an item of work listed, shall result In the bid being declared non-compliant. 4.7.2 Where a bidder lists "own forces" in lieu of a subcontractor, the bidder shall carry out such item of the work with its own forces. Where "own forces" have been listed by a bidder, the Town reserves the right to obtain information from the bidder and from third parties respecting the qualifications and experience' of the bidders "own forces" for such item of the work. If the Town, acting reasonably, determines that the bidders' "own forces" are not sufficiently qualified or sufficiently experienced to undertake such item of the work, it shall reject the bid. 4.8 Itemized and Alternative Prices 4.8.1 Where required by the Bid Documents, a bidder shall submit itemized and alternative prices; 4.8.2 itemized prices for work, if any, shall be included in the bid price; and, 4.8.3 alternative prices for work, if any, shall not be included in the bid price. 4.8.4 The Town reserves the right to accept or reject any or all alternative prices submitted. 4.9 Unit Prices 4.9.1 Where required by the Bid Documents, a bidder shall submit unit prices. All quantities outlined in the Bid Documents are estimates only. For any work done or materials supplied on a unit price basis, payment will be made for the actual measured quantities at the respective unit prices. 4.9.2 All unit prices, unless specifically indicated, are for complete work, in place, supplied and installed. 7. Bid Expiry Period 7.1 Bids shall be irrevocable for a period of one hundred and twenty (120) days from the date of submission, after which period the bid expires. 8. Bid Opening and Evaluation 8.1 Bids shall not be opened publicly. Bid submissions will be provided to Council and therefore those bids will become a public document at that time. 8.2 In the event that more than one envelope is received from the same bidder, only the last envelope received will be considered. 8.3 The Town may reject the lowest or any bid or part of any bid, reject all bids or cancel this bid process in whole or in part. 8.4 The bid price offered on the Form of Tender will be considered the bidder's "Base Bid". The Town reserves the right, but has no obligation, to adjust all bidders' Base bids by the amounts of any alternative prices which the Town, in its discretion, decides to accept. 8.5 The Town reserves the right to award the contract to the bidder which submitted the bid which, in the Town's sole discretion, provides the best value to the Town based on the criteria described in the Bid Documents including, but not limited to, a bidder's: 8.5.1 Base Bid; 8.5.2 Base Bid, as adjusted by the Town pursuant to the Bid Documents; and 8.5.3 Clarification provided pursuant to Section 9 (Requests for Clarification). 8.6 The Town may accept or reject any regular, irregular, unbalanced, informal or non-compliant bid. 8. 7 Incomplete or conditional bids may be declared non-compliant. 9. Requests for Clarification 9.1 The Town may contact any one or more bidders to request clarification or further information without any obligation to contact other bidders. Such additional clarification shall be provided promptly by the bidder to the Town. The Town may, but is not obligated to, amend or revise the bid based on the clarification or further information. 9.2 Requests for information shall not be construed as acceptance of a bid. 10. ~ 10.1 The Harmonized Sales Tax (HST} shall not be included in the bid price. All other eligible taxes shall be included in the bid price. Any taxes or increases to taxes announced prior to the date of the issuance of the Bid Documents and scheduled to come into effect subsequent to it shall be taken to be included in the bid price. 11. Award of Contract, Execution of the Contract & Documents to be Delivered 11.1 Bidders shall not issue or make any statements or news releases concerning their bid, the bid process, the Town's evaluation of the bids, or the Town's award or cancellation of the bid process without the express written consent of the Town. 11.2 Prior to commencing the work, the bidder shall deliver to the Town: 11.2.1 the performance bond and the labour and material payment bond described in the Bid Documents, the form of such bonds to comply with the requirements of the contract; 11.2.2 certified true copies of the insurance policies required by the Bid Documents; and, 11.2.3 a current Clearance Certificate issued by the Workplace Safety and Insurance Board. 11.3 The bidder shall execute the contract and deliver the executed original to the Town within ten (10) business days of receipt from the Town. 11.4 The bidder agrees that the Town shall not be deemed to be the employer of the bidder nor its personnel under any circumstances whatsoever. 14. Claims or Litigation 14.1 The Town shall not consider bids received from parties with whom the Town is in litigation, or pending litigation, unless approval allowing such consideration is obtained by the bidder from the Council of the Town prior to the close of bidding. 14.2 Bids which are not considered pursuant to the aforementioned policy shall be returned to the bidder and no contract in regard to the bid process shall have been created as between the bidder and the Town. 15. Representation & Warranty 15.1 The bidder represents and warrants that its bid is compliant with the terms set out in the Bid Documents. The bidder acknowledges that the Town is relying on this representation and warranty. In the event that the bidder's bid is accepted by the Town and the bid is held by a Court of competent jurisdiction to be non-compliant with the terms set out in the Bid Documents in a proceeding commenced by another bidder (the "Claimant"), the bidder will indemnify the Town for any award of damages. Howsoever characterized, that are payable to the Claimant as well as for the Town's actual legal expense, including all legal fees and disbursements as billed to the Town. 16. Freedom of Information 16.1 The bidder acknowledges that any bid submitted shall become a record belonging to the Town and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M.56, as amended. This provision law gives individuals, businesses and other organizations a legal right to request records held by the Town, subject to ~pecific limitations. The bidder should be aware that it is possible that any records provided to the Town, including but not limited to, pricing, technical specifications, drawings, plans, audio visual materials or information about staff, parties to the bid or suppliers could be requested under this law. If the bidder believes that all or part of the bid should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the Town in making a determination on release if a request is made. Request for Tender# T-01-14 Grandstand Demolition Tender Closing: Tuesday March 18, 2014-12:00p.m. LOCAL TIME Please submit one (1) completed original and two copies of the Form of Tender In a sealed envelope to the Town of Tillsonburg at the following address: Tillsonburg Community Centre 45 Hardy Avenue Tillsonburg Ontario N4G 3W9 Delivered to the reception desk at the Tillsonburg Community Centre 1. Please ensure that the outside of the envelope includes the bidder's name, its return address and a label clearly identifying the Project and Project number for which the bid is submitted. 2. Questions of a technical nature and all purchasing-related enquiries in relation to this Request for Tender (RFT) shall be directed to Kelly Batt, at FAX-(519) 842-4120 or e mail kbatt@tillsonburg.ca no later than Tuesday March 18, 2014 at 11:00 AM local time. 4. By submitting a bid, you have accepted an offer by the Town to enter into a "bid contract" for the evaluation of bids and the award of the Contract, if an award is made. You acknowledge that the terms of the "bid contract" are represented by the Bid Documents (hereinafter defined). 5. Failure to submit a bid which complies with the requirements of the Instructions to Bidders shall cause a bid to be declared non-compliant. 6. Bid results will be posted, where and when applicable, on the website after the closing date: Tuesday March 18, 2014 7. The lowest or any bid will not necessarily be accepted. Yours truly, Kelly Batt Pagel I ITEM APPENDIX "E" CHART OF BID IRREGULARITIES OR NON-COMPLIANCE Notes: • The following list of irregularities should not be considered exhaustive. • This chart of bid irregularities shall apply only where an irregularity exists with respect to a stated requirement of a relevant competitive bid document (e.g. an RFT or RFP) • Where notice of a specified time period to correct an irregularity has been given, and that time period has elapsed without the correction having been made, the bidder shall be deemed to be in default and, where applicable, the bid deposit shall be forfeited. The bid shall be given no further consideration for award. IRREGULARITY RESPONSE GENERAL 1. Bidder, at the time of submission, is not Rejection. registered to carry on business in Ontario Rejection. The submission will not be opened. Submission to be returned to bidder. 2. Late submissions. Should it not be clear as to the bidder's name I and address then the package will be opened solely to access this information. 3. Unsealed submission package. Rejection. Bidder has not been previously qualified under Rejection. 4. a related pre-qualification process, where applicable. Failure to have a representative in attendance Rejection. 5. and registered at a mandatory attendance site/information meeting. 6. Submission not completed in a non-erasable Rejection. medium or signed in ink. Failure to include the Form of Tender, Rejection. 7. Quotation, Proposal or Pre-Qualification, as may be applicable. 8. Omission of a detail indicated to be mandatory. Rejection. Rejection unless, in the opinion of the 9. Forms that compose the submission Director of Finance, the missing information documents are not completed in their entirety. is minor and would not adversely affect an award decision. Conditional bids (bids qualified, based on a Rejection unless, in the opinion of the ~ '1. bidder's condition or restricted by an appended Director of Finance, the qualification or restriction is minor and would not adversely statement). affect an award decision. Page 7 I \ I:M IRREGULARITY RESPONSE POST AWARD NOTIFICATION 27. Failure to execute required bonding or financial Rejection and bid deposit forfeiture. security within the prescribed time period. Failure to execute a contract within the Rejection and bid deposit forfeiture. 28. prescribed period. Failure to provide supporting documents, as Rejection and bid deposit forfeiture. 29. specified within the bid document and within the prescribed period. Page9 Grandstand Demolition Tender T-01-14 Specifications This project must be completed by Friday May gth, 2014 assuming that it is awarded on or before Monday April 7, 2014. A penalty of 2% per day for late completion will be deducted from the invoice. 1. That all employees are sufficiently trained by the contractor to ensure they are aware of their duties and all applicable Health and Safety regulations pertaining to the work. 2. All equipment that the successful contractor proposes to use on this work must be in good mechanical and operating condition and must be made available for inspection by the Town of Tillson burg at any time before and for after it is put into service. Such inspection is not to be construed as an endorsement or approval of the mechanical or operating condition of the equipment and does not relieve the owner or operator from liability for such equipment. 3. The operators must be fully trained, qualified and experienced. Regulations of the Ministry of the Environment and the Ministries of Health, Labour and Transportation must be complied with. If any operator is not performing satisfactory or operating the equipment safely to the satisfaction of the Town of Tillsonburg, the Town of Tillsonburg shall have the right to have the equipment and the operator removed from the job site. 4. The work to be performed by the contractor may be scheduled between the hours of 7:00am and 5:00pm, Monday to Friday, except when such work day falls on a Statutory Holiday. Written approval from the Parks & Facilities Manager Is required to work at any other time. 5. At all times, the employee of the contractor shall act in a civil, responsible, courteous and generally productive manner, There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while they are being employed by the contractor and such complaints, if received, will be referred to the contractor. The Parks and Facilities Manager reserves the right to request that said employee be taken off the site by the contractor, and not re-employed until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior. Designated Substance Survey Tillsonburg Fairground Grandstand 45 Hardy Avenue Tillsonburg, ON Report# 2313-Tillson burg Grandstand January 29, 2014 Prepared for: Mr. Kelly Batt Town of Tillsonburg Operations Services Public Works 20 Spruce Street Tillsonburg, ON N4G 4YS Tel: (519) 842-9200 Fax: (519) 842-8775 email: Kbatt@tillsonbu rg.ca Prepared by: A & A Environmental Consultants Inc. 16 Young Street Woodstock, ON N4S 3L4 Tel: 519-266-4680 Fax: 519-266-3666 www .aaenvironmental.ca 2 Client Copies 1 File Copy A&A ENVIRONMENTAL CONSUlTANTS INC. 4.2.2 Lead-Based Paint Sampling Locations ......................................................................... 12 4.3 Sampling Results ......................................................................................................... 13 4.3.1 Asbestos Sampling Results .......................................................................................... 13 4.3.2 Lead-Based Paint Sampling Results ............................................................................. 14 4.4 Discussion of Results ................................................................................................... 15 5.0 CONCLUSIONS AND RECOMMENDATIONS .................................................... ~ ................... 15 5.1 Conclusions .................................................................................................................. 15 5.2 Recommendations ...................................................................................................... 18 APPENDIX A-Certificates of Analysis .......................................................................................... 20 LIST OF TABLES Table 1-Summary of Bulk Sample Analysis Results for ACM ..................................................... 13 Table 2-Summary of Bulk Sample Analysis Results for Lead Paint ............................................ 14 Report 2313-Tillsonburg Grandstand A&A l ENVIRONMENTA. CONSUlTANT§ INC. De 5 I gnat e d Substance Survey, Fa I r g r o u n d Grand 5 tan d Page 2 45 Hardy Avenue, Tillsonburg, ON serviced by electricity but has no heating or cooling systems and is not connected to municipal water or sewer. The site investigation revealed a ground mounted transformer outside of the building at its southeast corner. Correspondence with Tillsonburg Hydro confirms that the transformer (Location # T-700) does not contain PCBs. The grandstand contains 10 fluorescent light fixtures with ballasts mounted on the ceiling inside the building and 4 unused exterior fixtures with ballasts mounted under the grandstand awning. A fluorescent fixture with ballast (Phillips SM- 2E75-S-TPC) which was of a non-PCB type was found disconnected in a storage closet within. The other fluorescent ballasts could not be accessed during the site visit and could not be confirmed as non-PCB. The fluorescent light fixtures are potentially PCB containing electrical equipment, and further confirmation is required before proceeding with renovations or demolition. If no additional information can be gathered the transformer and fluorescent light fixture ballasts must be treated as though they contain polychlorinated biphenyls. PCB containing materials must be handled in accordance with 0. Reg. 362/00 Waste Management -PCB'S. Sampling for asbestos containing materials was done from the mortar of the concrete blocks along the west interior wall of the building. No insulation was identified within the concrete blocks. Older electrical equipment was identified within the building that may have ACM as part of the insulation but no other ACMs were identified. The results of analysis indicate that no ACM is present within the concrete blocks or mortar at the subject site. Sampling for lead based paint was conducted in select areas. Analysis indicates that lead based paint is present at the exterior doors, windows and frames. Renovation or demolition work in this area should proceed according to the Occupational Health and Safety Branch of the MOL guidance document Lead on Construction Projects. This work can be considered as a Type 1 Operation if conducted in accordance with the requirements of the regulation. Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tlllsonburg, ON 1.0 INTRODUCTION 1.1 Terms of Reference Page 4 On January 15, 2014, A&A was retained by the client to conduct a DSS of the Tillsonburg fairground grandstand at 45 Hardy Avenue in the town of Tillson burg, Ontario. A walk-through inspection of the facility was conducted to look for signs of hazardous materials or designated substances as defined in the Ministry of Labour (MOL) Ontario Occupational Health and Safety Act, including asbestos containing materials (ACM). Collection of samples of various construction and finishing materials for testing and laboratory analysis was conducted. This included collecting samples of construction materials for analysis for asbestos in accordance with 0. Reg. 278/05 of the Occupational Health and Safety Act, "Designated Substance - Asbestos On Construction Projects And In Building And Repair Operations". This DSS survey covered the entire building. The site investigation included inspection for asbestos, lead, PCBs, radon, mercury, moulds, ODS, silicate and other designated substances in compliance with the Occupational Health and Safety Act PART Ill Duties Of Employers And Other Persons, Duty of project owners, Section 30.(1). There is no relationship between the client and A&A other than third party independent assessor. 1.2 Scope of Work The scope of work included the following where applicable: • Perform a visual/olfactory Inspection of the property including the interior of any building to look for signs of hazardous materials, etc; • Site history investigation, a search of available records was made to determine the age of the property and the type of the materials used during the construction of the building; Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tlllsonburg, ON Page6 Avenue in the town of Tillsonburg, Ontario. The subject site is the location of the Tillsonburg Community Centre, and several other buildings associated with the Tillsonburg fairgrounds. The building of concern on the subject site is the fairground grandstand building. The approximate UTM coordinates of centre of the grandstand are: Zone 17T; 521711 m Easting and 4746586 m Northing. The elevation of the subject site is 240 m above sea level. The grandstand is equipped with electricity but no other municipal utilities. The grandstand was reportedly constructed in 1963, and has been operating for community events at the fairgrounds since that time. There is a large storage area underneath the grandstand seating. No underground storage tanks or ASTs were identified at the facility. An inspection of the property was conducted which included a search of the interior of the building for materials potentially containing designated substances. The building surveyed is a concrete block structure with a slab on grade concrete pad (no basement). 3.0 POTENTIAL DESIGNATED SUBSTANCES 3.1 Suspected Acrylonitrile Acrylonitrile was not used in the operation of the facility. No evidence of acrylonitrile was observed during this survey. 3.2 Suspected Arsenic Arsenic was not used in the operation of the facility. No evidence of arsenic was observed during this survey. 3.3 Suspected Asbestos-Containing Materials (ACM) Asbestos was commonly used in building materials such as wallboard plaster, ceiling and floor tiles, roofing, siding, boiler insulation and pipe insulation throughout most of the 20th century until it was essentially banned in the mid-1980s. Ontario Regulation 278/05 (November, 2005) requires that where ACMs are known to be present or suspected to be present, an asbestos Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tillsonburg, ON 3.8 Suspected lsocyanates Page 8 lsocyanates were not used in the operation of the facility. No evidence of isocyanates was observed during this survey. 3.9 Suspected Lead-Based Paint Most indoor and outdoor paints produced before 1950 contained substantial amounts of lead. In Canada, the lead content of paints and other liquid coatings on furniture, household products, children's products and surfaces (exterior and interior) of any building frequented by children was restricted to 0.5% by 1976. The interior and exterior of the grandstand contains both painted and unpainted surfaces. It was indicated that the grandstand seating area was painted sometime around 1998 well after the use of lead based paint was banned, a confirmatory sample was not taken in light of this information. The condition of the paint throughout the grandstand ranged from good to poor. The grandstand may have been painted in 1960's or 1970's before the regulation of lead paint, and there is a risk that lead based paint is present throughout the structure. Confirmatory samples were taken at select locations to further investigate this possibility and analyze for lead. Lead waste must be handled and disposed of according to Ontario Regulation 347, as amended by 0. Reg. 102/07, and may be subject to Leachate Criteria (Schedule 4) of this regulation. 3.10 Suspected Mercury A search for mercury containing switches was performed during this survey. It is good practice to take precautions to prevent mercury vapours from becoming airborne during building renovation and demolition. Exposure to airborne mercury is regulated under R.R.O. 1990, Reg. 844 amended by 0. Reg. 110/04, Regulation Respecting Mercury -made under the Occupational Health and Safety Act. Mercury waste must be handled and disposed of according to Ontario Regulation 347, as amended by 0. Reg. 102/07, and may be subject to leachate Criteria (Schedule 4). Fluorescent light tubes potentially containing mercury may be present in the building and they should be handled in accordance with regulation. There is no heating Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tlllsonburg, ON Page 10 Contact with Tillsonburg Hydro indicated that the exterior transformer had previously been tested for PCB with a result of 1 part per million {ppm) which is within the allowable criteria of SO ppm as outlined in O.Reg. 362/00. They further indicated that they would be responsible for the safe removal of the transformer from the site when required. If no additional information can be gathered the fluorescent light fixture ballasts must be treated as though they contain polychlorinated biphenyls. PCB containing materials must be handled in accordance with 0. Reg. 362/00 Waste Management -PCB'S. 3.14 Suspected Radon Tillsonburg is not a known region of radon contamination. The silty sand material typical in the area is porous and radon can travel easily through the soils and therefore basements in the area will not easily trap Radon gases. The grandstand does not have a basement and is not used for permanent habitation therefore exposure to accumulated radon gas is not expected. No sampling for radon was conducted. 3.15 Suspected Respirable Silica Respirable silica was not generated during the operations of the facility. Common construction sand contains crystalline silica and may also be found in ceiling tiles, concrete products and other building materials. These are typically found throughout building structures. Disturbance of materials containing silica may occur during renovation of walls and is regulated under Ontario Regulation 845/90, Designated Substance-Silica made under the Ontario Occupational Health and Safety Act. Safe renovations can be accomplished through proper work practices including; wetting surfaces as well as providing washing facilities and proper respiratory protection. The procedures in the MOL document Guideline -Silica on Construction Projects (2004) provide a standard for the handling of potentially silica containing material. No evidence of respirable silica was observed during this survey. Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tlllsonburg, ON 4.1.2 Lead~Based Paint Page 12 In Canada, until the 1960s, lead was added in significant quantities to household and industrial paints. Lead dust may be created during renovations or demolition. Based on the age of building lead may have been used in painted surfaces. The control of dust levels during the renovation of the building can be accomplished through proper work practice Including; wetting the surface of the materials and providing washing facilities and proper respiratory protection. The procedures outlined in the MOL document Guideline-Lead on Construction Projects (2004) provides standards for the handling or disturbance of the material. This document can be found on the Ontario Ministry of Labour website. Lead waste must be handled and disposed of according to Ontario Regulation 347, as amended by 0. Reg. 102/07, and may be subject to Leachate Criteria (Schedule 4) of this regulation. Painted surface samples were collected using a knife to cut a small section of the paint material after first wetting down the area with a spray bottle of soapy water. Samples were collected after penetrating the outer layers of paint to make sure the sample represents all layers. These were placed in clean 'Ziploc' bags, wiped down with a damp cloth and placed in a shipping box for submission for lead analysis to an accredited laboratory. 4.2 Sampling Locations 4.2.1 Asbestos Sampling Locations Samples were taken from building materials as required by Ontario Regulation 278/05. 4.2.2 Lead~Based Paint Sampling Locations Most painted surfaces were in good to poor condition. Samples were taken from selected surfaces. Paint layers throughout the facility were examined. Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand Page14 45 Hardy Avenue, Tillsonburg, ON electrical switches and wires or any additional suspected ACM encountered during renovations or demolition must be handled in accordance with the standards outlined in 0. Reg. 278/05. 4.3.2 Lead-Based Paint Sampling Results Table 2 below indicates results of analysis for lead in paint at each sampling location. Federal regulations on surface coating materials came into force in 2005 which limit lead to its background level for both interior and exterior paints sold to consumers. Canadian paint manufacturers have been conforming to this background level in their interior and exterior consumer paints since 1991. Federal regulations under Canadian Environmental Protection Act (CEPA) state that paint materials are considered lead based if the percentage of lead is greater than 0.5% (5000 ll8fg). Table 2-Summary of Bulk Sample Analysis Results for Lead Paint ~:~~r:· .. ·: ~-. -.. --~··_-· --._.-. ;;'~~;:::jJ~rj,;~,·;.~;~,: ·/·~:~I\il mr,;p_I"\\"""'{~~·L,_ -,. M~~~i-~~{{::~~ ~ ~. ~ ·. . ~~~ ~ . White exterior paint on 1) Exterior Door Frame door frame from west 5 3090 Fair to poor wall 2) Exterior Door Black exterior paint on 5 4660 Fair to poor door from north wall White peeling girder 3) Interior Girder paint from girder on 5 184 Poor north wall 4) Interior Wall White interior wall 5 <5 Good paint All samples analyzed meet the federal guidelines of 5000 ppm. The Ontario Ministry of Labour does not currently have a guideline regarding an acceptable amount of lead in paint. Therefore any sample analyzed at above the method detection limit will be considered as lead based paint. The MOL document Guideline: "Lead on Construction Projects" describes a classification to determine required control measures required based on proposed work activity. The analysis indicates that lead based paint is present in the exterior doors and frames of the grandstand building. Report 2313-Tillsonburg Grandstand Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tlllsonburg, ON Page 16 Occupational Health and Safety Act PART Ill Duties Of Employers And Other Persons, Duty of project owners, Section 30.(1). The building currently operates as the Tillsonburg fairgrounds grandstand with covered seating outside of the building and storage inside the building under the grandstand seating. The grandstand at 45 Hardy Avenue were reportedly erected in 1963. The building surveyed is a concrete block structure with a slab on grade concrete floor. No additions were reported or evident. Access was granted to the building to conduct the Designated Substance Survey. No previous DSS was made available to A&A. Mercury thermostats or switches were not identified in the building. The building is not serviced with heating or cooling. No ozone depleting substances and other halocarbons were observed. The subject site has no record of PCB storage or Ontario Regulation 347 Waste Generators registration. Fluorescent light tubes were identified in the building, and a ground mounted transformer was found outside of the grandstand at its southeast corner. The grandstand contains 10 fluorescent light fixtures with ballasts mounted on the ceiling inside the building and 4 unused exterior fixtures with ballasts mounted under the grandstand awning. An interior fluorescent fixture with ballast (Phillips SM-2E75-S-TPC) was found disconnected in a storage closet and labeled as non-PCB. The other fluorescent ballasts could not be accessed during the site visit and could not be confirmed as non-PCB. The uninspected fluorescent light fixtures are potentially PCB containing electrical equipment, and further confirmation is required before proceeding with renovations or demolition. If no additional information can be gathered the transformer and fluorescent light fixture ballasts must be treated as though they contain polychlorinated biphenyls. PCB containing materials must be handled in accordance with 0. Reg. 362/00 Waste Management -PCB'S. Report 2313-Tillsonburg Grandstand A.&A ENVIRONMENTAL CONSU[fANTS INC. Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tillsonburg, ON Page 18 present in the exterior door and door frame paint types. Exterior black and white paint associated with the doors and windows should be considered to be lead based. Some evidence of water pooling was observed in the building. No water damage was observed due to the materials used in the grandstand's construction (concrete). There was no evidence of mould due to a lack of substrate necessary for growth. No indoor air quality sampling for mould spores was conducted. Any mould encountered during continued renovations should be remediated in accordance with EACO Mould Abatement Guidelines of 2004 prior to reoccupation of the building. No storage containers with unknown product were observed at the facility. No wall cavities or spray foam with the potential to produce gas from UFFI products were observed. No isocyanates were used in the operation of the facility and none were observed. No radon or electromagnetic radiation is suspected. No acrylonitrile, arsenic, benzene, coke oven emissions, ethylene oxide were used in production at the facility and none were observed during the survey. 5.2 Recommendations No ACM was identified during this investigation. If during demolition evidence of asbestos is discovered in the electrical equipment it must be handled in accordance with Ontario Regulation 278/05 under the Occupational Health and Safety Act, DESIGNATED SUBSTANCE - ASBESTOS ON CONSTRUCTION PROJECTS AND IN BUILDINGS AND REPAIR OPERATIONS. Lead based paint was present in the paint on the exteriors doors, windows and frames. If the area will continue to be unoccupied, the potential risk from the lead based paint can be reduced using a hazardous materials management plan. Renovation or demolition work in this area should proceed according to the Occupational Health and Safety Branch of the MOL guidance document Lead on Construction Projects. This work can be considered as a Type 1 Operation if conducted in accordance with the requirements of the regulation. Report 2313-Titlsonburg Grandstand &A ENVIRONMENTAl CONSULTANTS INC. Designated Substance Survey, Fairground Grandstand 45 Hardy Avenue, Tillsonburg, ON APPENDIX A-Certificates of Analysis Report 2313-Tillsonburg Grandstand Page 20 ~&A IONVIRONMENTAl CON5UO"ANTS INC. c CERTIFICATE OF ANALYSIS Client committed. Qualiey assured. c.o.c.:- Reoort.To· EMC Scientific Inc. 5800 Ambler Dr. #100, Mississauga ON L4W 4J4 Canada Attention: Alister Haddad DATE RECEIVED: 23-Jan-14 DATE REPORTED: 24-Jan-14 SAMPLE MATRIX: Paint Chips Parameter Units M.D.L Referonce Method Date Analyzed/Site Date Cllenti.D. Samplei.D. Collected 1 -Ext. door frame (lead) 814-01582-1 21-Jan-14 2 -Ext door (lead) B 14-01582-2 21-Jan-14 3 -lnt girder (lead) B 14-01582-3 21-Jan-14 4 -lnt wall (lead) 814-01582-4 21-Jan-14 M.D.L. "'Method Detection Limit Lead IJQ/g 5 EPA6010 24-Jan-14/0 3090 4660 184 <5 Site Analyzed"'K-Kingston, W-Windsor,O-Ottawa,R-Richmond Hill Final Report REPORT No. 814-01582 caduceon Environmental Laboratories 2378 Holly Lane Ottawa Ontario K1V 7P1 Tel: 613-526-0123 Fax: 613-526-1244 JOB/PROJECT NO.: 2313-Tillsonburg P.O. NUMBER: WATERWORKS NO. Greg Clarkin, BSc., C. Chern Lab Manager -Ottawa District The analytical resu~s reported herein refer to the samples as received. Reproduction of this analytical report in full or il part is prohib~ed without prior consent from Caducean Environmental Laboratories. Page 1 of 1. ;( I I I I I J· I I: I I· ! 1 I i I I I I~ ;! .. :! I #';II ~ I -.;, I I I I I J J "· ·--- ; ' ' I· I i ! ·I I o· i I --·I I I ·• ! Si I 1 I I i ! u; \' .,- . . . . ...... ~·~· ~l;e; .. · ·-:· ···-···. I ,..···· ~~;. I II· ! I II' ! I. ; j i I ! ! !' ,. ' I i I· ! ! .. -.: .. _ I I ~. I I~ 2. oi I. ~ 0 w U) ·-.... __ I ---ir--a.o.,.,., 1M ~ f 1 -~ J 3 ~ l!l ·l~ "" . .. 0 .... z; 0 . i .I . ,·_j ::··i . I -I .•I I ! . -~ STAFF REPORT FINANCE Title: Development Charge Rates Effective April 1, 2014 Report No.: FIN 14-10 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: DEVELOPMENT CHARGE INDEXING; DEVELOPMENT CHARGE RATES RECOMMENDATION THAT Council receives report FIN 14-10 Development Charge Rates Effective April 1, 2014 as information. EXECUTIVE SUMMARY To provide Council with the Development Charge rates effective April 1, 2014. In accordance with By-Law 3361, section 16, this by-law shall be adjusted annually on April 1 of each year, without amendment to this by-law, in accordance with the most recent twelve month change in the Statistics Canada Quarterly, "Construction Price Statistics". The Construction Price Index, as per the attached, for 2013 is 0.1 %. FINANCIAL IMPACT /FUNDING SOURCE The April 1, 2014 Town development charge rate for residential, single detached and semi-detached dwellings, for example, has gone up $5. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature DARRELL EDDINTON Darrell Eddington Darrell Eddington DATE: 03/13/14 DATE: 03/13/14 DATE: 03/13/14 DEVELOPMENT CHARGE INDEXING Information Sheet February 12, 20 14 Development Charge rates can be indexed to accountforinflation. Most Development Charges By-laws call for annual indexing. The Development Charges Act. 1997 (s.S (1) (10)) and O.Reg. 82/98 (s.7) prescribe one index for adjusting development charge rates for inflation: Construction Price Statistics. Catalogue No. 62-007-XPB. Statistics Canada Quarterly. NON-RESIDENTIAL BUILDING CONSTRUCTION PRICE INDEX data published for 7 census metropolitan areas throughout Canada, including Toronto and Ottawa; • measures the change in the contractors' selling price of new non-residential construction projects (i.e. commerciaL industrial and institutional); • includes both general and trade contractors' work and excludes the cost of land, design and real estate fees; and samples are taken of five different building types. For more information please contact the Hemson Finance Department. 416-593-5090, hemson@hemson.com 2012 1'1 Quarter 2nd Quarter 3'd Quarter 41h Quarter 2013 1'1 Quarter 2nd Quarter 3'd Quarter 41h Quarter NON-RESIDENTIAL BUILDING COST INDEX: TORONTO CMA A~al .l_nd~)(. (2002=100) 150.7 0.5% l.l% 151.5 0.5% l.O% 151.7 0.1% 0.7% 152.0 0.2% 0.3% 151.9 -0.1% 0.1% 152.1 0.1% 0.1% 152.1 0.0% 0.1% 152.2 0.1% 0.1% For moreinformationvisit.wWw.h.emsoh.com Annual 3.3% 2.4% 1.8% 1.3% 0.8% 0.4% 0.3% 0.1% TILLSONBURG SCHEDULE OF DEVELOPMENT CHARGES Effective April I, 2014 to March 31,2015 Single Detached Service & Semi-Detached Component Dwelling Units County of Oxford: General Government 8 Administration Building 18 1 Land Ambulance 81 Roads & Related 1,358 Water 2,158 Wastewater 7,532 County Sub-Total 11 ,318 Town ofTillsonburg: General Government 16 Library 605 Fire 237 Police Services 42 Recreation 1,193 Public Works 569 Parking 206 Roadways 3,271 Storm water 9 Town Sub-Total 6,148 Total 17,466 $/Residential Dwellings Non-Residential Apartments $/sq.m of Two Bedroom Bachelor & Other floor area and larger One Bedroom Multiples $/sq.m 4 3 5 0.03 96 71 121 0.68 44 31 54 0.30 726 539 908 4.71 1,330 998 1,849 720 4,647 3,484 6,453 25 .77 6,847 5,126 9,392 38.68 10 7 14 373 280 518 146 110 203 26 18 35 736 553 1,023 35 1 263 487 127 95 176 2,017 1,514 2,803 6 4 8 3,792 2,844 5,267 000 10,639 7,970 14,659 38 .68 C:\Users\DEDDIN-1 \AppData\Locai\Temp\notes1 F685E\DC Rates Apr 2014 to Mar 2015 13/03/2014 • LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES -February 12, 2014 (as approved at the Annual General Meeting held February 28, 2014) Members in attendance: L. Bartlett, D. Beres, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, C. Grice, E. Ketchabaw and R. Sackrider Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, J. Maxwell, H. Surette, P. Gagnon and D. Mclachlan Regrets: D. Travale The LPRCA Chair called the meeting to order at 6:30pm Wednesday, February 121h, 2014 in the Tillsonburg Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-23/14 moved: E. Ketchabaw seconded: C. Grice THAT the LPRCA Board of Directors add "Accessibility Upgrades for LPRCA Administration Office Tender" under New Business as item 10 (h) to the February t2h, 2014 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS: None MINUTES OF PREVIOUS MEETINGS MOTION A-24/14 moved: R. Sackrider seconded: R. Chambers THAT the minutes of the LPRCA Board of Directors regular meeting held January 151h, 2014 be adopted as circulated. There were no questions or comments regarding the above minutes. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale - 1 - CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved 4 applications this past month: LPRCA-5/14, LPRCA-7/14, LPRCA- 8/14 and LPRCA-9/14. H. Surette clarified the permitted items in response to questions from the Board. MOTION A-28/14 moved: E. Ketchabaw seconded: M. Columbus That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated January 2~d' 2014 as information. CARRIED b) New Applications The Planning Department sought approval for one application renewal for the demolition and construction of a seasonal residence. MOTION A-29/14 moved: C. Grice seconded: M. Columbus THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-6/14 B. That the designated officers of LPRCA be authorized to complete the approval process for these Development Applications, as far as it relates to LPRCA 's mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW The new Winter Fun Day held February 81h was well attended by over 50 participants. The weather has cooperated to provide great winter activity events. There is a new Butterfly Garden Workshop coordinated with the Toronto Region Conservation Authority to be held at Backus Heritage Conservation Area Saturday, April121h. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -3- MOTION A-33/14 moved: B. Chanyi seconded: R. Sackrider THAT the LPRCA Board of Directors receives the 2013 Planning and Regulations Services Activity report as information. CARRIED e) DEREHAM WETLANDS ACQUISITION The Paton property at Dereham Wetlands was acquired last year and closed late December. The GM has had preliminary discussions with one of the funding partners to explore future opportunities. MOTION A-34/14 moved: C. Grice seconded: R. Chambers THAT the LPRCA Board of Directors confirms the acquisition of two parcels of land in the Dereham Wetlands described as: Part of Lot 18, Concession 8, designated as Part 2, on Reference Plan 41 R-1828, formerly in the Township of Dereham, now Township of South-West Oxford, County of Oxford being 19. 17 acres more or less; AND Part of Lot 17, Concession 8, designated as Part 2, on Reference Plan 41 R-2261, formerly in the Township of Dereham, now Township of South-West Oxford, County of Oxford being 10.095 acres more or less; FOR a combined cash/tax receipt total of $74,500. CARRIED g) MUSEUM POLICIES UPDATE The final draft of the Backus Museum policies must be submitted to the Ministry of Tourism, Culture and Sport by February 281h, 2014. It has been a three-year process to update the policies to meet the Standards for Community Museums to be eligible to apply for the Community Museums Operating Grant (CMOG). As part of the standards, monitoring equipment was purchased and installed last week. MOTION A-35/14 moved: L. Bartlett seconded: R. Sackrider THAT the LPRCA Board of Directors approves the revised Conservation Policy as amended, and further that the Backus Heritage Village Accessibility Plan and the 2014- 2018 Backus Heritage Strategic Plan be approved as recommended by the Backus Museum Committee. L. Bartlett and C. Grice were excused from the meeting. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -5- CARRIED THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3806 A BY-LAW to enter into an Agricultural Lease Agreement with Paul Boesterd WHEREAS The Town of Tillsonburg is desirous of entering into an Agricultural Land Lease with Paul Boesterd, for the purposes of entering into a lease for a the property located on the south side of Hwy 3, east side of Clearview Drive, west side of Rokeby Sideroad and east side of Highway 19, Town of Tillsonburg, and more particularly described in the lease agreement. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agricultural Lease Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached Agricultural Land Lease agreement on behalf of the Corporation of the Town ofTillsonburg. READ A FIRST AND SECOND TIME THIS 24th DAY OF March, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF March, 2014. Mayor -John Lessif Town Clerk -Donna Wilson THIS AGREEMENT made in quadruplicate this __ day of _____ , 2014. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, of the First Part, -and- Paul Boesterd hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of lands hereinafter described (a) Lands located on the south side ofHwy 3, legally described as Parts 1, 2, 3, 4, 13 and part ofPart 12 and 15, RP 41R-8336, consisting of approximately 37 acres of arable land; (b) Lands located on the east side ofClearview Dr, legally described as Part Lot 2-3, Con 5 NTR Middleton, Parts 1 & 2, 41R-3421 and Parts 5 & 6, 41R-3691, except Part 2, 41 R-5307, except Part 1,41 R -5366, consisting of approximately 12.45 acres of arable land; (c) Lands located on the west side ofRokeby Sideroad, legally described as Lot 1641, Plan 500, MID Con 4 NTR, Pt Lot 10, being part of Parts 1 & 2, Plan 41R-8386 (Oxford Registration #)/3 7R-1 003 8, consisting of approximately 27 acres of arable land; and, (d) Lands located on the east side of Highway 19 (Vienna Road), legally described as Part Lots 1639, 1638A & 1613, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, consisting of approximately 17 acres of arable land. AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth in this agreement (the "Lease"). NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set out below to the Lessor by two payments each year during the term of this Lease. The first payment of which shall constitute 50% of annual rental fee and shall be due and payable no later than April 1 of each year that this indenture remains in force and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this Lease remains in force: (a) Annual rent of $21,026.25 based on a rate of$225 per acre (the "Base Rent"). 2. TERM The term ofthe Lease shall be from April 1, 2014 to December 31,2016 (the "Lease Term'). The Lease Term can be extended for additional one (1) year terms by the Lessor in its sole and absolute discretion. There is no representation or warranty of the Lessor that it must, shall or will extend the Lease Term. Page 3 6. FARM BUSINESS REGISTRATION NUMBER The Lessee shall be required to provide proof of valid Farm Business Registration Number (OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term. 7. QUIET ENJOYMENT OF LANDS IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with the Lessee for quiet enjoyment of the lands leased. Notwithstanding the foregoing, the Lessor shall be permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being borne by the Lessee. 8. ASSIGNMENT The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and conditions contained in this Lease. 9. INSURANCE The Lessee acknowledges and agrees to provide to the Lessor proof of liability insurance in an amount not less than $2,000,000. The Lessee's insurance shall name the Lessor as an additional insured. 10. INDEMNIFICATION The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against any and all claims, suits, proceedings, 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 Lands 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 Lands 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. 11. MAINTENANCE The Lessee covenants to maintain all ofthe Lands pursuant to this Lease in good condition at all times during the Lease Term, any extension of the Lease Term and any overholding periods (if any). The Lessee further covenants to keep the Lands free from refuse and shall not store any refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor to be noxious, hazardous or refuse. 12. IMPROVEMENTS TO LANDS The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering into a second agreement for proposals that significantly expand the area available for agricultural production at the Lessor's sole discretion. 13. BANKRUPTCY The Lessee acknowledges and agrees that if during the Lease Term any of the goods or chattels of the Lessee shall at any time during the said term be seized or taken in execution or in attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing balance of Base Rent shall immediately become due and payable and the said term shall, at the option of the Lessor, immediately become forfeited and determined and in such case, the Lessor may re-enter and take possession of the said lands as though the said lands was holding over after the expiration of the said term. Page 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. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Development Commissioner The Corporation of the Town ofTillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A 7 Fax: 519-842-9431 If to the Lessee: Paul Boesterd: 243930 Airport Rd RR7, Tillsonburg, ON N4G 4H1 F:(519) The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or any part thereof without consent of the Lessor. 16. MISCELLANEOUS 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 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. 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. 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. The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. ' 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. 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. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. Page 7 APPENDIX A -SUBJECT PROPERTIES 3001 HWY 3 (37 ACRES OF FARMABLE LAND) line Located on the southwest corner of Hwy 3 and Clearview Dr intersection Page 9 ROKEBY RD (27 ACRES OF FARMABLE LAND) VIENNA RD (17 ACRES OF FARMABLE LAND) 1:40011 SCALll ---WAT!IIl.(lllll) ---SANIIAIY(-) ---27.6K.V.IIYDIO ---NATUBALOAS(Iaal) lllD!AaiiA THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3806 A BY-LAW to enter into an Agricultural Lease Agreement with Paul Boesterd WHEREAS The Town of Tillsonburg is desirous of entering into an Agricultural Land Lease with Paul Boesterd, for the purposes of entering into a lease for a the property located on the south side of Hwy 3, east side of Clearview Drive, west side of Rokeby Sideroad and east side of Highway 19, Town of Tillsonburg, and more particularly described in the lease agreement. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agricultural Lease Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached Agricultural Land Lease agreement on behalf of the Corporation of the Town of Tillson burg. READ A FIRST AND SECOND TIME THIS 24th DAY OF March, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF March, 2014. Mayor -John Lessif Town Clerk -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3807 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 241h day of March, 2014 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 Tillson burg 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 March 24, 2014, 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 Tillson burg 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 ofThe Corporation of the Town of Tillson burg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 24th DAY OF March, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 24TH DAY OF March, 2014. Mayor-John Less if Town Clerk -Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ Date: March 24, 2014 RESOLUTION NO.: MOVED BY: THAT the Agenda as prepared for the Council Meeting of March 24, 2014, be adopted. ~d D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ Date: March 24, 2014 RESOLUTION NO.: MOVED BY: THAT the Minutes of the Council Meeting of March 10, 2014 be approved . 0c•rried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 12 Date: March 24, 2014 RESOLUTION NO.: MOVED BY: THAT Council direct staff to schedule a Public Information Meeting to provide the information to the public as outlined in Report CAO 14-07, Tillsonburg Hydro Inc. Public Information Meeting. AND THAT stakeholders be given the opportunity to provide input to Council regarding the options for sale, merger, acquisition or status quo of Tillsonburg Hydro Inc. I [Z] Carried D Recorded Vote D Defeated D Deferred D Tabled -J/7L-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 13 Date: March 24, 2014 RESOLUTION NO.: MOVED BY: ...... THAT Council provide the support as outlined in Report CAO 14-06, Support to Ontario's South Coast Airshow Committee. iZJ Carried D Recorded Vote D Defeated D Deferred D Tabled ___fJi._ Mayor's Initials 'l~~tJJJi~~ COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: March 24, 2014 RESOLUTION NO.: MOVED BY : ~-§.------ SECONDED BY:~--- THAT Council provide support to the Ontario's South Coast Airshow Committee regarding a Snow Bird event in June 2014. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 14 Date: March 24, 2014 RESOLUTION NO.: ----=-5--+ THAT Council receive Report DCS 14-20 Discover Tillsonburg 2013 Summary; AND THAT staff be authorized to present the 2014 Discover Tillsonburg package to local builders, developers and realtors. ~rried D Recorded Vote D Defeated ~!erred D Tabled ~ayor's Initials ~-~tiJuill~~ COUNCIL RESOLUTION AGENDA ITEM NO.: (,.S_. Date: March 24, 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: ~ THAT Report DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation be deferred to the meeting of April 13, 2014. D Recorded Vote D Defeated ~ferred D Tabled #L--Mayor's Initials o.~tbkll~#u COUNCIL RESOLUTION AGENDA ITEM NO.: 16 RESOLUTION NO.: 7 ---'--- MOVED BY: ~~ ==--J SECONDED BY: ~r'J/Le-tta~ Date: March 24, 2014 THAT Council receive Report DCS 14-15 Request for Amendment to Agricultural Land Lease Terms; AND THAT the terms of the lease with Field and Flock Farms Ltd remain as contained in the original lease agreement; AND THAT a refund in the amount of $3,824.20 be credited towards Field and Flock Farms Ltd to offset development, drain cleaning and acreage adjustments. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ¥Mayor's Initials at&tiJJ/~{tluu COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: March 24, 2014 RESOLUTION NO.: 8 MOVEDBY: ~~ SECONDEDBY: ~l.:/ THAT Council receive Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes; AND THAT Council award the lease of 93.45 Acres of industrial land to Paul Boesterd subject to entering into the Town of Tillson burg's standard agricultural lease agreement; AND THAT a bylaw be brought forward for Council's consideration. J arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 18 Date: March 24, 2014 RESOLUTION NO.: 9 !-- MOVED BY: ~~~a SECONDED BY: ~--- THAT Council receives report FIN 14-10 2013 Remuneration and Expenses as information. W ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 19 RESOLUTION NO.: 10 /) MOVEDBY: ~~ SECONDED BY:--~-'-________ _ Date: March 24, 2014 THAT Council receives report FIN 14-11 IT Work plan as information. ~ried D Recorded Vote D Defeated D Deferred D Tabled $ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 20 Date: March 24, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives report FIN14-09 2013 Development Charges Annual Statement; AND THAT the Director of Finance be directed to file the annual statement with the Minister of Municipal Affairs and Housing within 60 days after the statement has been received by Council. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~or's Initials o.tbtJJdl~~ COUNCIL RESOLUTION AGENDA ITEM NO.: 21 Date: March 24, 2014 RESOLUTION NO.: ---=1=2 __ MOVED BY: SECONDED BY: ~ THAT Council receives Report PRS 14-08 Awarding the contract to demolish the Grandstand; AND THAT Council award the contract to Kirwin Oatman Excavating at the tendered price of $34,780 plus applicable taxes. ~Carried D Recorded Vote D Defeated D Deferred D Tabled 0 ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 22 Date: March 24, 2014 :~:~~::N NO~ }fz SECONDEDBY: ----------~r---------- THAT Council receives report FIN 14-10 Development Charge Rates Effective April1, 2014 as information. d'carried D Recorded Vote D Defeated D Deferred D Tabled ---k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: March 24, 2014 RESOLUTION NO.: MOVED BY: THAT By-Law 3806, To enter into an Agricultural Leas Agreement with Paul Boesterd; AND THAT By-Law 3807, To Confirm the Proceedings of the Council Meeting of March 24, 2014, be read for a first and second time and this constitutes the first and second reading thereof. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials a~tJJJI~{tlitu COUNCIL RESOLUTION AGENDA ITEM NO.: 25 RESOLUTION NO.: ..,......;;:,16~- MOVEDBY: ~~ SECONDED BY: ('~~ Date: March 24, 2014 AND THAT By-Law 3807, To Confirm the Proceeding's of the Council Meeting of MarCh 24, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials C. " Page 1 of 3 On behalf of the 2014 Family Day Lead Team , we thank you for your support and contribution towards making this event, a very successful one. We wanted to share with you some of our highlights from the day. The Event Our day was packed full of activity through Tillsonburg's Community Centre with fun for all ages. It was crazy but impressive! Thanks so much for the hard work that went " into it! -Facebook Fan Attendance \ !!lot.A'IO H 2.. l lft:llllli In • t-'10 f,:S,IftW;p liZU IMQ _, $'\iAI;t Ul'llll !IJIIOtlli :ull -:UO· ~~~'D' J'\1!111!1_,.$ -. +-C¥lMJ ' l,.l)jtftt ~ !ilf/lj'U/t II(~ '-SWlillmihC 9-~w t 2-J:.lO 'HM trr.o en Cl.t' .,. l.l'MO ownt H ll.l;t5'lrCIOIM www.UisOn8urGfarniYh1.ca While it is difficult to track attendance at this type of event, we are confident to report that there was well over 1500 people who attended the event. Financials A key component to any event is money. It takes money to rent space, equipment, to buy supplies and food and more. Due to the many companies who invested in this event, we were able to offer a free admission for families this year. There were minimal costs if families decided to eat at the event ($5 breakfast 8: $1 /slice pizza lunch), but everyone was welcomed to experience the same fun activities for free. Although we did " Had a blast our little man was good and ready for " a long nap after -Facebook Fan " Page 3 of 3 NOTE: THE BALANCE FROM THE 2014 EVENT HAS GONE DIRECTLY TOWARDS A DEPOSIT ON THE RENTAL OF THE COMMUNITY CENTRE FOR THE 2015 EVENT. The reality is that this event could not have been possible without the financial support of local companies and individuals willing to invest in the event, It was also made possible the over 50 people who volunteered hours of their time to help at the event! Feedback Feedback on this event has been both positive and encouraging . We are looking forward to next year's event as our team grows and we continue to offer a fun , local and affordable day for families. '' '' Thanks for the fun! Great turn out and you handled it well! Great organization. -Facebook Fan I would like to thank everyone that put on all of the activities for the kids today, I took my 2 children and we had a great time! They especially enjoyed the " Great time thanks to all that volunteered their family day so we • reptile show :) Thank you for a wonderful day for my family to enjoy " could enjoy ours. J " -Facebook Fan together! -Website Guest Please take a moment to view our Thank you Video, full of more fun photos from the event at: www. tillsonburgfamilyday.ca Cephas: O·p~A 1~# L5 Field and Flock Farms James Morgan to: Cephas Panschow 05/03/2014 10:39 AM Hide Details From: "James Morgan" <mhlaw@execulink.com> To: "Cephas Panschow" <cpanschow@tillsonburg.ca>, Pagel of2 Further to our conversation of yesterday regarding this issue of the land rental of the Airport, I do have a quick answer to provide contained in this e-mail. In preparation of the opinion I reviewed the Lease, bid document, tender document as well as the material from the tenant. Please note that the tender defines the acreage as "approximately" and "farmable". The Lease defines the land as "approximately 350.8 acres of arable land". The Tenant's view is that many acres were "non-arable" as a water drainage issue on part of the land prevented the land from being farmed (or at least unworkable due to water) and therefore not arable. I researched any law regarding the use otthe terms "arable" and "farmable". There is no case that I could find where a judge provided the definition of "arable" or "farmable". There probably is a case in Canada but to find such case would take a significant amount of time due to the fact that the term "arable" is used commonly in many different types of cases. I did find a definition of "tillable" and in such case the court defined "tillable" as "land, that at the present time, could reasonably be expected to be cultivated, that is, ploughed, sown with seed, and enriched with animal manure on a regular basis". The common definition of "arable" is land that is ploughed or tilled regularly. My opinion is that neither definition (tillable or arable) takes the disputed area of the airport out of the definition of "arable" because 1) the area was regularly used for the past and 2) the area could be reasonably be expected to be cultivated if not for a wet year. As noted below, if this area's climate has shifted and the area was regularly uncultivated then it is possible it could be defined as "non-arable". In our conversation I understand that in 2012 (and before) there was no water issue and the entire land had been used for agricultural purposes. Therefore there is no question or misrepresentation that the Town when advertising for tenders believed that the entire 350.8 acres was arable. If the Town believed it was not arable then there potentially could be a problem in misrepresentation. Secondly, the Lease even states "all improvements to the property for the purposes of increasing agricultural production are at their [Leasee] sole cost. .. ". Therefore if the Tenant wanted to increase his production he could have done so by adding in the drainage. Thirdly, what steps did the Tenant take in reviewing the land for his purposes before submitting his bid and therefore such steps (or lack of investigation) may mitigate against his ability to state that he was misled. Fourthly, the lease (and tender) does say that the acreage was "approximately". As the term of acreage includes "approximately" then even a variance of 2% would still permit 7 acres to be non-arable. Fifthly, if the property does dry out this year then his argument regarding whether the land is "arable" would be untenable. Considering this issue the Town should monitor the land carefully to see if any crop of the Tenant (as shown on the Lease) could be grown on the land in 2014. Sixthly, could file:/ I /C:/U sers/cpanschow/ AppData/Local/Temp/notes9BA80F /~webS 81 O.htm 05/03/2014 Page 2 of2 another crop have been crown on at least some of the wet areas such as corn (which is a crop that he purported that he wanted to grow as shown on the Lease). Seventhly, if2013 was an aberration in terms of rainfall then did this situation affect other area farmers so this is proof that the land is not non-arable rather the weather simply changed the condition on a temporary basis. My caveat in this situation would be two-fold. First, if the acres subject to water continue to be unusable then there is a good argument that they are not "regularly" used and therefore non- arable. Second, in the tender process the Town was completely aware of what crops he wanted to plant and how he bid the land (ie. value of crops x acreage) thus the Town could be said to have full knowledge of what the Tenant needed to meet his bid. My main concern is that if there is a reduction of "arable" land in practice and hence a reduction of arable land in the lease then this may affect the Town's position with respect to the tender. The Tenant is essentially arguing that the lease needs to be "modified" but really he is asking for rectification based upon misrepresentation and/or mistake. There was a tender process which others bid on the basis of the tender documents stating approximately 350.8 farmable acres. If the acreage is reduced then the unsuccessful bidders could raise an issue with the change of terms. If there was a "mistake" or "misrepresentation" regarding acreage as 50 acres are non-arable then this may result in the Lease being nullified and the tender process being reopened. This situation would have to be completely explored from a legal standpoint. On a go forward basis for future tenders and leases I would suggest (to address this particular situation): 1) On tender documents it is stated that the bidders must examine the land and acreage and have not relied upon any representation of the Town as to the quality of the land or quantity of the land; 2) On the Lease it is specified the items in point 1 and the land is in "as is" condition; Thanks James James R. Morgan Barrister & Solicitor Mandryk, Stewart & Morgan Professional Corporation 65 Bidwell Street Tillsonburg, ON N4G 3T8 Tel: (519) 842-4228 Fax: (519) 842-7659 mhlaw@oxford.net This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. The contents of this email may also be sujbect to solicitor-client privilege, and all rights to that privilege are expressly claimed and not waived. If you have recieved this email in error please notify the system manager and delete such e-mail and all attachments (if any) immediately. Any rebroadcast, copying, forwarding or republishing of this email, whether or not you are the intended recipient, is strictly prohibited wihtout the express consent of Mandryk, Stewart & Morgan. file:///C:/Users/cpanschow/AppData/Local/Temp/notes9BA80F/~web5810.htm 05/03/2014 e Greater Napanee GREATER FOR MANY REASONS Town Hall 124 John Street. P.O. Box 97 Naponee, ON K7R 3L4 TEL 613-354-3351 FAX 613-354-6545 www.greaternapanee.com March 6, 2014 Mayor and Council All municipalities are facing very tough fiscal situations and the Town of Greater Napanee is no different. Despite rising electricity costs, gas prices and a long winter, the Town has managed to absorb these operating costs into our 2014 budget without impacting taxes. However, the additional $398,401 or 4.1% tax increase due to increasing policing costs will have to be passed on directly to ratepayers. The Billing Model used to calculate policing since 1998 has seen Police costs rise from $1.8 million to now $4.4 million dollars for my community. A group of dedicated staff from approximately 20 municipalities across Ontario have been actively working since 2001 to correct this situation. Greater Napanee has in past years drastically cut services to endure billing increases causing as much as an 8% tax increase in a single year. The Province has promised to correct this situation by developing a new billing model for policing by 2015. In late February, I was part of a delegation with 18 other municipalities asking for the Province to ensure we have adequate notice of billing model changes, to plan accordingly for our 2015 Budgets. With the possibility of a Provincial election looming, we also met representatives from the Conservatives and NDP caucuses to ensure they understood the importance of this issue. I write to you today to advise that Greater Napanee Council will begrudgingly levy the increased cost for OPP services caused under the existing model, but we will not pay the Province the additional $398,401. This additional amount will only be paid after we receive confirmation that a new billing model will be implemented in 2015 that creates fairness in the billing structure in Ontario. A new formula is simply a first step in a larger process and the Province, all Police Forces, municipalities and Police Service Boards must sit down and agree to fundamental changes to the provision of police services in Ontario to address unaffordable cost increases in this sector. Greater Naponee is asking your Council to support our position and withhold your payment of any 2014 increase, until a new billing model is finalized that promotes fairness, as Ontario Municipalities were promised. For clarity, the membership of the OPP, do an excellent job and the service municipalities receive is not an issue. However, increases across the sector and an outdated, improper, and unfair billing model is a Provincial responsibility to address. Please help my Council ensure that it does get addressed in 2014. Mayor Gordon Schermerhorn Date: 12/03/2014 09:52AM Subject Town of Greater Napanee -Request for Support Hello Everyone, At its Special Session of Council held March 4, 2014, the Council of the Town of Greater Napa nee passed the following resolution: RESOLUTION #75/14: Cole & Schenk That the Town of Greater Napa nee not remit the 2014 increase in policing costs in the amount of $398,401until a new billing model is finalized that promotes fairness, as Ontario Municipalities were promised; and further that these funds be placed in a reserve; and further that correspondence be circulated to the municipalities within the OPP Policing Discussion Group requesting that they withhold their payment of any 2014 increase in support ofthis resolution. Please see attached correspondence. Thanks. Michelle King Confidential Secretary Town of Greater Napanee 613-354-3351 Ext 2004 ~. ~~ ~ Fw: Report DCS 14-15 -Request for Amendment to Airport Agricultural Lease Terms David Calder to: Darrell Eddington History: For Donna David Calder This message has been forwarded. -----Original Message----- From: David Calder Sent: 03/17/2014 05:28 PM EDT To: Donna Wilson 18/03/2014 01:56PM Subject: Fw: Report DCS 14-15 -Request for Amendment to Airport Agricultural Lease Terms Donna, I wonder, rather than having an In Camera meeting just to present the legal opinion which is pretty self explanatory could we just circulate the opinion to members of Council as a confidential memorandum in relation to what ever item number the Open Council report will be. Thoughts? David David Calder, GAO, Town of Tillson burg 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario N4G 5A7 519-688-3009 Ext. 3227 -----Forwarded by David Calder/Tillsonburg on 17/03/2014 05:26PM----- From: Cephas Panschow!Tillsonburg To: Cc: Date: David Calder/Tillsonburg@TILLSONBURG, Darrell Eddington!Tillsonburg@Tillsonburg 17/03/2014 10:46 AM Subject: Re: Report DCS 14-15-Request for Amendment to Airport Agricultural Lease Terms See attached revised report and legal opinion, the latter of which will be submitted for the in-kamara portion of the meeting. ~ Report DCS 14-15 Request for Amendment to Airport Agricultural Lease Terms.doc -,:: Em a ii-Morgan_Advise _re _Amend ment_to _ Airport_Ag_Lease(Ma r5, 14). pdf Cephas Panschow Development Commissioner Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3250 www.Tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON March 24, 2014 Council Meeting Michelle Babcock to: de wilson 03/16114 02:57 PM Hide Details From: Michelle Babcock <michelleandkenbabcock@gmail.com> To: dewilson@tillsonburg.ca, Page 1 of 1 Good day I am requesting permission to be put on the agenda for the March 24 council meeting on behalf of the Tillsonburg Fair. We are putting forth a proposal in regards to switching the use of the arenas during our fair and the financial aspects in regards to this matter. Thank you. Michelle Babcock Tillsonburg Tri-County Agricultural Society President file:///C:/Users/DEWilson/AppData/LocaVTemp/notesD39658/~web5538.htm 3/17/14 March 3, 2014 ONTARIO ASSOCIATION OF FIRE CHIEFS Dear Mayor and Members of Council: Leading innovation and excellence in public and life safety OAFC Municipal Officials Seminar: The Essentials of Firefighting and Firefighting 101 Saturday, May 3rd and Sunday, May 4th, 2014 Now in its ninth year, the OAFC Municipal Officials Seminar: The Essentials of Firefighting and Firefighting 101, offers municipal councillors and staff the opportunity to understand the challenges of the fire service and its importance to their communities. This two-day session will provide you with essential information about the fire service including an interactive live fire experience that you will never forget! The 2014 seminar includes a custom agenda specially designed for municipal officials including: • Today's Fire Service and How it Impacts your Community • Legal Responsibility of the Municipality and the Fire Service • How to Communicate and Work Effectively with the Fire Service • The Facts of Life for Fire Chiefs: Five Things You Don't Want to Hear On Saturday afternoon, attendees get to put on bunker gear and experience firsthand the life of a firefighter by participating in a live training session. This includes a simulated search and rescue, vehicle extrication and the chance to wrangle a hose and extinguish a fire. This program has been tailored for municipal officials by the Greater Toronto Airport Authority Fire Department. Municipal staff and elected officials who have previously attended this seminar have repeatedly said that it was one of the best conferences and training sessions that they had ever attended! Past attendees have included elected mayors and councillors, GAO's, directors and more. There are networking functions to attend each evening including the Ladders Up event, a fund raiser on behalf of the Canadian Fallen Firefighters Foundation and the annual OAFC Memorial Service followed by a wine and cheese reception. Sunday afternoon you have the opportunity to visit the OAFC Trade Show, the largest-fire service show in Canada. This is where you and your chief will see a wide variety of fire vehicles and equipment, speak directly to suppliers and manufacturers and gain valuable information to assist in your purchasing decisions. REGISTER NOW! The Municipal Officials package is offered at a rate of $260.00 for OAFC Members or $325.00 for Non-OAFC Members. Meals including two breakfasts, coffee breaks and two lunches are also included. To be considered for the member rate, an employee from your municipalities' fire department must be a member of the OAFC. Registration is limited to 24 people. For full seminar details and to register, visit www.oafc.on.ca/oafc-annual- conference Yours truly, ~ uc;a M.D. (Matt) Pegg President 530 Westney Rd. S., Unit 14 Ajax ON LIS 6W3 ~ 905-426-9865 ~ 1-800-774-6651 ~ 905-426-3032 ,!;!! www.oafc.on.ca . ... CanJrla ,. Enhancing Green Spaces in Communities Conummities in Bloom People,PiantsandP1ide... Citovensetespacesverlsenharmonie ... Mise en valeur des espaces verts au se in des coll ectiv ites February 22, 2014 Mayor John Lessif Town of Tillson burg 200 Broadway Street, suite 204 Tillsonburg, Ontario N4G 5A7 Dear Mayor Lessif : Growinglogether "o unesodt\hiftorissante This letter is to invite the Town of Tillson burg to the 2014 Edition of Communities in Bloom Ontario. Communities in Bloom is a Canadian non-profit organization committed to fostering civic pride, environmental responsibility and beautification through community involvement and the challenge of a national program. Communities have recognized numerous benefits from participating in the program: increased civic pride and community involvement, valuable information and feedback from the judges, positive benefits for tourism and improved quality of life. Your community is invited to participate in the Ontario edition. Municipalities obtain all benefits of participation such as networking, promotion, and information exchange and, most importantly, an in-depth evaluation by professional volunteer judges but are not competing with other municipalities. Also, take advantage of a CIB info session to get the most out of the program. We are planning workshops in the Municipality of Southwest Middlesex, in the Town of Greater Napanee and in Muskoka Lakes (dates to be confirmed): sessions will run from 10:00am to 2:00pm, registration is complimentary and a light lunch will be served. Experts will discuss the criteria: Tidiness, Environmental Awareness, Heritage Conservation, Landscape Areas, Tree/Urban Forestry and Floral Displays along the essence of the program, Community Involvement. The 2014 Ontario Provincial Awards, hosted by the Municipality of Lambton Shores, will be on Saturday September 13. You will find enclosed program information: • the registration is online at www.communitiesinbloom.ca/cib2014 to be completed by May 151, 2014 • contact us at 1-888-991-9319 or bloom@cib-cef.com for any further information. Hopefully, our invitation will be of interest to your community. Sincerely, :Jvlartin Quinn, Chair Communities in Bloom Ontario c. c. Mayor and Council Registration information enclosed on reverse 11 2, Terry Fox Kirkland (Quebec) H9H 4M3 T 514 694-887 1 F 514 694-3725 E-Mai l/Courriel : bloom@cib-cef.com Web Site : www .communitiesinbloom.ca Site Internet : www.collecti vitesenfleurs.ca @twitter.com/cibcef www .facebook .com/communitiesinbloom Reople, Plamts amd Pride ... Gr:owing 7ogetmett 17HE PROGRAM Communities in B'loom is a Oamadiarn rnor~-wofit organization committed to f0steuimg civie pri!ile, emMi~0mmnemtal resP,0nsili>ilit~ an<il IDeawtificatiem tlnnQH!If!lln cornmumity l)articipati<m and the challenge of a national program, witll f0el!ls on enhancing greem sp>aees in E@lilillinl!lmities. National beal!Jtificati0n programs have flourished in Europe -including Great Britain, Framce and l~eland -for deca!iles, an!il \Weae ~ . i :'\ • i atiem for Communities in Bloom. ' The program begam in 1995 with :29 Canadian communities and has grown to improve the quality of life in hundreds of participating communities in the provincial, national and international editions. All communities are invited to participate in the provincial or national editions, within their population category. Trained volunteer judges travel across Canada during the summer to evaluate communities and the overall contributions of municipality, businesses & institutions and residents, including volunteer efforts in regards to the following criteria: Tidiness. Includes an overall tidiness Environmental Action. Includes efforts Heritage Conservation. The criteria effort. Elements for evaluation are green and achievement with respect to: policies, includes efforts to preserve heritage within spaces (parks, etc.), medians, boulevards, by-laws, programs and best practices, 3-R their community. Priority in evaluation is sidewalks, streets; municipal, commercial, initiatives (reduce/reuse/recycle), waste given to natural heritage, as well as the institutional and residential properties; reduction, composting sites, hazardous integration of landscape and streetscapes as hes, road shoulders, vacant lots and waste collections, water conservation, it pertains to the built heritage of a , ldings; weed control, litter clean-up naturalization, and environmental community. Also consists of preservation of (including cigarette butts and gum), graffiti stewardship activities under the guiding cultural heritage which includes monuments, ·and .vandalism programs. principles of sustainable development memorials, artefacts, museums and history, <Sun Rivers Resort Community, BC -Tidiness Award Winner, presented by Natura Urban Forestry. Includes the efforts with regards to written policies, by-laws, standards for tree management (selection, planting, and maintenance), long and short-term management plans, tree replacement policies, tree inventory, Integrated Pest Management (IPM), heritage, memorial and commemorative trees. pertaining to green spaces. archives, traditions, customs, festivals and Yarmouth, NS-Environmental Action Award Winner, presented by the Canadian Nursery and Landscape Association Landscape. This section of the evaluation supports all efforts to create an environment showcasing the overall surroundings. The overall plan and design must be suitable for the intended use and location on a year- round basis. Elements for evaluation include: native and introduced materials; balance of plants, materials and constructed elements; appropriate integration of hard surfaces and art elements, use of turf and groundcovers. celebrations . Jasper, AB -Heritage Conservation Award Winner, presented by Beauti-Tone Floral Displays. Evaluates efforts to design, plan, execute, and maintain floral displays. Evaluation includes the design and arrangements of flowers and plants (annuals, perennials, bulbs, ornamental grasses) in the context of originality, distribution, location, diversity and balance, colour, and harmony. This pertains to flowerbeds, carpet bedding, containers, baskets and window boxes. TILLSONBURG DISTRICT Chamber of Commerce BUSINESS. VITALITY. February 12, 2014 TO: Mayor John Lessif and Members of Council Subject: Debt Reduction, Town of Tillsonburg The Tillsonburg District Chamber of Commerce Board of Directors would like to congratulate Council on the substantial debt reduction that has been achieved in your term of office. We note that from December 2010 to the end of 2013, there has been a debt reduction of approaching $4.7 Million and that by the end of 2014, this number will be $5.7 Million. Perhaps most importantly, annual principal and interest costs will have been reduced from approximately $1.94 Million in 2010 to approximately $1.4 Million by the end of 2014 thereby increasing the spending and investment capacity for the Town of Tillson burg. Again, congratulations. These focused efforts are a strong indicator of the improved financial health of Tillson burg and its ability to attract and retain business. Marcel Rosehart President Cc: Board of Directors, Tillson burg District Chamber of Commerce David Calder, Chief Administrative Officer P. 0 . Box 113, Tillsonburg, ON N4G 4H3 (519) 688-3737