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201216 Budget Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Budget Meeting AGENDA Wednesday, December 16, 2020 5:00 PM Electronic Meeting 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Budget meeting of December 16, 2020, be approved. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council Budget meeting of November 7, 2020, be approved. 5.Finance 5.1.Presentation Re: OPP Funding Formula Overview Presented by: S/Sgt. Jen Ormsby and A/S/Sgt. Pete Marshall, Municipal Policing Bureau 5.2.Waste Management Agreement At their meeting on November 23, 2020, Council passed the following resolution. The item was deferred to the December 16, 2020 Budget meeting. Resolution # 2020-531 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report OPS 20-35 Waste Management Contract renewal as information; AND THAT the information contained therein be forwarded to the 2021 Business Plan and Budget process for consideration. Carried 5.3.FRS 20-15 White Paper Fire Communications Financial Review 5.4.Budget Deliberation Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT Vehicles 38 and 39 be removed from Asset Management Fleet Replacement plan for 2021. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT project X46 titled “Fire Hall Study” be removed from the 2021 budget. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT Project X55 Master Transportation Study be removed from the 2021 Budget. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ THAT Staff be directed to prepare an updated report to Council that will provide the County of Oxford information on the utilization of the 2021 Tillsonburg Regional Airport Grant Revenue of $50,000; AND THAT referenced Report be included in the 2021 Business Plan for development in Q2. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ THAT Staff be directed to continue to facilitate discussions and networking with potential partners to review additional opportunities for Short Line Rail connectivity Page 2 of 47 within the Town of Tillsonburg; AND THAT this direction be included in the 2021 Business Plan as an action item for the Economic Development Department. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ THAT Staff be directed to continue to facilitate discussions, networking and planning to ensure adequate Industrial Zoned land is available for servicing and development; AND THAT the plan be a priority to be introduced into the 2021 Business Plan. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ WHEREAS there is an acute identification of a shortage in Affordable Housing for the population of Tillsonburg, including senior demographics; AND WHEREAS there is a potential requirement for targeted attainable housing alternatives to assist in attracting labour and a younger demographic to the municipality; AND WHEREAS the County of Oxford, Province of Ontario and Federal Government have available programs to potentially assist in satisfying the targeted housing deficit, in partnership with the Town and the private sector; BE IT RESOLVED that Staff be directed to facilitate discussions, networking and planning to ensure expanded opportunities for Affordable and Attainable Housing alternatives within the community; AND FURTHER THAT any advancement of strategies be introduced into the 2021 Business Plan. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ THAT Staff be directed to facilitate a review of the Commercial Corridor (CC) Zoning within the Town of Tillsonburg to prepare a report for Council that may initiate a Town directed Application for Zone Change; AND THAT this direction be incorporated into the 2021 Business Plan for Q2. Proposed Resolution # Moved By: Mayor Molnar Seconded By: ________________ Page 3 of 47 THAT Staff be directed to review Council supported Resolutions from 2020 that were adopted for various reports and direction; AND THAT referenced recommendations be included in the 2021 Business Plan as action items by appropriate departments. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT $250,000 of surplus dollars from the 2020 budget be carried forward and used as part of the taxation dollar requirement in the 2021 budget to aid in reducing and mitigating the tax rate to local ratepayers. 5.5.MYR 20-02 CAO Performance Evaluation 2020 Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council receives MYR 20-07 CAO Performance Evaluation 2020 as Information; AND THAT Council establishes and appoints a CAO Performance Review Committee; AND FURTHER THAT Council appoints Mayor Molnar, ______________ and ________________ to the CAO Performance Review Committee; AND FURTHER THAT Council approves the proposed 2020 CAO Performance Evaluation Process as outlined in MYR 20-07. AND FURTHER THAT a report be prepared for Council consideration on January 11, 2021. 5.6.Tillsonburg BIA 2021 Budget Request Deferral from December 14, 2020 Council meeting. 6.Motions/Notice of Motions 7.Confirm Proceedings By-law Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-116, to Confirm the Proceedings of the Council meeting held on December 16, 2020, be read for a first, second, third and final reading and that the Mayor Page 4 of 47 and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 8.Adjournment Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Council Budget meeting of December 16, 2020 be adjourned at ____ p.m. Page 5 of 47 1 The Corporation of the Town of Tillsonburg Council Budget Meeting MINUTES Monday, December 7, 2020 9:00 AM Electronic Meeting ATTENDANCE: Mayor Molnar Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Regrets: Deputy Mayor Beres Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Sheena Pawliwec, Acting Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations Brad Lemaich, Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 9:02 a.m. 2. Adoption of Agenda Staff noted that general questions regarding the budget can be asked following the approval of the previous minutes. Page 6 of 47 2 Resolution # 2020-542 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council Budget meeting of Monday, December 7, 2020, be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Council Minutes of Previous Meeting Resolution # 2020-543 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council Budget meeting of Monday, November 30, 2020, be approved. Carried 5. Finance Opportunity was provided for comments and questions from Council regarding the 2021 draft budget. Clarification was requested regarding the taxation requirement percentage. It was asked what the impact will be to commercial and industrial. Staff to confirm percentages. 5.1 Waste Management Agreement It was suggested that this item be dealt with after the County Council Budget meeting scheduled for December 9, 2020, where County Council will be considering a request from Southwest Oxford regarding waste management. It was asked what the budget impact of this item is for 2021. Staff noted the requirement for the Town’s responsibilities under the waste management program for 2021 is approximately $200,000. Page 7 of 47 3 Resolution # 2020-544 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Waste Management Agreement item be considered at the Council Budget meeting on December 16, 2020. Carried 5.2 FIN 20-44 2021 Capital Pre-Budget Approvals Opportunity was provided for comments and questions from Council. Resolution # 2020-545 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the item regarding Project X96 Sidewalk Connectivity Program $200,000 be dealt with separately. Carried Resolution # 2020-546 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report FIN 20-44 2021 Capital Pre-Budget Approval; AND THAT Council give Pre-Budget Approval for Recreation, Culture & Parks Project X81 PerfectMind Booking Software $10,000; AND THAT Council give Pre-Budget Approval for Operations Project X99 Asphalt Program $400,000; AND THAT Council give Pre-Budget Approval for Operations Project X95 Vienna Road Rehabilitation $1,922,000. Carried Opportunity was provided for comments and questions from Council. Staff noted that road reconstruction projects typically include funding for replacing/repairing existing sidewalks which are damaged during the project. Page 8 of 47 4 Staff noted that the requested funding is intended for infill sidewalks which is an objective of the Sidewalk Connectivity Plan as approved by Council in 2018. Staff noted that the intention in 2021 is to install sidewalks on Vienna Road and Van Street during the Vienna Road Rehabilitation project. Staff recommend aligning new sidewalk installations with road rehabilitation projects when possible. It was asked if Concession Street will be getting new sidewalks. Staff noted that since Concession Street has existing sidewalks the funding for the project will support the replacement/repair of existing sidewalk area that is damaged during the project. Staff noted that the Connecting Link funding program does not include funding for new sidewalks. It was asked why the Oxford Street project included spot repairs to sidewalks, gutters and curbs. Staff will update Council with the background on the Oxford Street project funding. It was suggested that a report regarding where the sidewalk connectivity dollars will be spent including options, be brought forward for Council's consideration. Resolution # 2020-547 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT Council approve pre-budget approval for Project X96 Sidewalk Connectivity Program $200,000. Carried 5.3 Budget Deliberation Opportunity was provided for comments and questions from Council. Cephas Panschow, Development Commissioner, was also present to answer questions. Staff confirmed that the SOMA Asia Mission has a $16,000 net value. There was discussion regarding the SOMA mission trips and resulting investment in the Town of Tillsonburg. Page 9 of 47 5 Staff noted that a wheelchair swing ranges from $20,000 to $25,000 for a single unit. Staff will confirm if funds from the Sandy Court lot sale, can be utilized for playground equipment. Staff noted that the sale of those lands will produce roughly a $26,000 revenue. Resolution # 2020-548 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the SOMA Asia Mission be removed from the 2021 Budget; AND THAT the funds be moved to the RCP Budget and earmarked for a wheelchair accessible swing. Councillor Gilvesy called for a recorded vote. Councillor Gilvesy - Yes Councillor Luciani - No Mayor Molnar - No Councillor Parker - Yes Councillor Rosehart - Yes Deputy Mayor Beres - Absent Councillor Esseltine - No Defeated Staff confirmed the unit is 17 years old and it has been estimated that for 2021 the unit will require between $15,000 to $20,000 in repairs. There was discussion regarding the purpose of the vehicle, concerns regarding its’ reliability, and alternatives if the unit breaks down. It was asked if contracting out grave digging would be more cost effective. Staff noted this could be investigated. Staff confirmed the proposed replacement is in accordance with the asset management plan. Resolution # 2020-549 Moved By: Councillor Parker Seconded By: Councillor Gilvesy Page 10 of 47 6 THAT Cemetery Vehicle 87 be removed from the asset management fleet replacement for the 2021 budget. Defeated There was discussion regarding hybrid vehicles. Staff confirmed that in accordance with the purchasing policy, tenders for fleet cannot specify a vehicle supplier. Staff noted the replacement value is determined when the vehicle is disposed of. Resolution # 2020-550 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Vehicle 28 be removed from Asset Management Fleet Replacement plan for 2021. Motion was withdrawn. Staff explained the process for the disposal of fleet. It was asked how long it will take to pay the total debt including interest. Staff noted that trucks have an eight-year debenture. It was suggested that the Town utilize govdeals.ca when disposing of fleet. The purchase of the unit would be approved by the Director of Operations and the CAO when the dollar value of purchase is under $75,000 in accordance with the purchasing policy. Staff noted that development charges fleet reserve monies can only be utilized for purchasing new vehicles that are required to manage growth. As there were some questions regarding vehicles in 2020 that were budgeted but not purchased, it was asked if this additional information could be brought forward to be discussed at the next meeting. Resolution # 2020-551 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the motion regarding vehicles 38 and 39 being removed from Asset Management Fleet Replacement plan for 2021, be deferred to the December 16, 2020 Council Budget meeting. Page 11 of 47 7 Carried Staff noted that the unit has had multiple failures this year. It is recommended that the light duty vehicle be replaced with a heavy-duty vehicle to assist the program. It was asked if the vehicle is still on warranty. Staff provided the specifications of the proposed new unit. Staff confirmed that the unit currently cuts grass along roadways and that maintenance on the unit is completed internally. Staff confirmed there is a 10-year replacement plan for mowers. The proposed new unit would have a 10-year lifecycle. Staff noted that if the unit is not replaced at this time, there will be a contingency plan if the unit breaks down and staff would request for funds at that time to replace the unit. Resolution # 2020-552 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Vehicle 203 be removed from Asset Management Fleet Replacement plan for 2021. Carried Staff noted that the family tree research is typically completed in under 30 minutes. Historically this service has been by donation. Taking payments for requests made via email or phone would be problematic. Staff suggest a $25.00 per hour fee. Resolution # 2020-553 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Town charge an hourly fee for family tree research executed by the Museum Staff; AND THAT staff bring forward a suggested hourly rate to Council for consideration and approval as part of the rates and fees for 2021. Carried Councillor Gilvesy confirmed the intent of the motion is to review the criteria included in the asset management plan. Page 12 of 47 8 Staff confirmed that the Q2 2021 deadline for this request can be completed. Resolution # 2020-554 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff bring forward a report which would include suggestions to move towards a more cost effective model for the fleet replacement strategy. The report should be brought to Council for review and consideration by the end of the second quarter in 2021; AND THAT the report should include options for the disposal of used vehicles. Carried Councillor Parker confirmed the intent of the motion is that a report be brought forward sometime in 2021 and that any requested funding will be considered at that time. Resolution # 2020-555 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT staff be directed to complete a report on revamping the Town of Tillsonburg website and the possible development of a Town of Tillsonburg Mobile app. Carried Staff would have to investigate the feasibility of relocating the staff person from the Cemetery to the Customer Service Centre. Staff recommended the position remain at the cemetery to maintain current service levels. Resolution # Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT that the 0.17 FTE increase for RCP Parks and Cemetery be removed from the budget; AND THAT consideration be given to relocating the existing staffing compliment from the Cemetery Office to the Customer Service Centre so that services can be provided at that location; Page 13 of 47 9 AND FURTHER THAT project X89 Office Repairs to upgrade the cemetery building be removed from the budget as a result of this relocation. Resolution # 2020-556 Moved by: Councillor Rosehart Seconded by: Councillor Gilvesy THAT the second line requesting that consideration be given to relocating the existing staffing compliment from the Cemetery Office to the Customer Service Centre so that services can be provided at that location, be considered separately. Carried Staff noted that if project X89 is removed it is recommended that the funds go to reserves or be allocated to another project. Resolution # 2020-557 Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT the words "as a result of this relocation" from the third line, be removed. Carried Staff provided additional details regarding project X89. Resolution # 2020-558 Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT the motion be amended to include "and that the funds be reallocated to a façade improvement of the small red building in the main drive of the cemetery." Defeated Resolution # 2020-559 Moved by: Councillor Rosehart Seconded by: Councillor Gilvesy Page 14 of 47 10 THAT that the 0.17 FTE increase for RCP Parks and Cemetery be removed from the budget; AND THAT project X89 Office Repairs to upgrade the cemetery building be removed from the budget. Defeated Staff confirmed that if approved, a report regarding relocating staff from the Cemetery Office to the Customer Service Centre, associated costs and options will be provided for Council's consideration in January. Resolution # 2020-560 Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT consideration be given to relocating the existing staffing compliment from the Cemetery Office to the Customer Service Centre so that services can be provided at that location. Carried Staff noted that approximately 12 wreaths have been purchased in 2020. The proceeds from the sale of the wreaths covers the cost of staff time, the program does not make a profit. Wreaths require minimal upkeep aside from installing and removing the wreaths in accordance with the Cemetery By-Law. Staff confirmed that if Council chooses to remove the program the program will be stopped effective immediately. Resolution # 2020-561 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Cemetery memorial programs (i.e. wreath program) be discontinued. Carried Staff indicated two to three hours of staff time per day is required to maintain the program. It was noted that the last time the program ran was 2019. Page 15 of 47 11 Staff confirmed that if approved the Town provided basket and maintenance program will be discontinued. Staff confirmed an updated Cemetery By-Law will be brought forward for Council’s consideration in January. Resolution # 2020-562 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT staff be directed to reduce the level of service provided at the Cemetery so that the watering and maintenance of flowers is discontinued. Carried Staff noted that if the project is removed it is recommended that the funds go to reserves or be allocated to another project. Staff explained the reasoning for retaining the capital taxation base. It was asked if this project can be done internally. Staff noted that it is recommended that the Town utilize external resources with expertise in multi-media to assist in the development of a Museum Marketing & Promotion Plan. It was noted that this project could qualify for modernization funding. Resolution # 2020-563 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Museum Marketing & Promotion Plan be removed from the budget Carried Resolution # 2020-564 Moved by: Councillor Parker Seconded by: Councillor Gilvesy THAT the following Council Budget meetings be canceled: December 8, December 10 and December 17. Carried. Page 16 of 47 12 Staff provided an update regarding the J.L. Scott McLean Outdoor Recreation Pad which officially opened on December 5, 2020. Concerns regarding the operation should be directed to staff. 6. Motions/Notice of Motions 7. Confirm Proceedings By-law Resolution # 2020-565 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2020-114, to Confirm the Proceedings of the Council meeting held on December 7, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 8. Adjournment Resolution # 2020-566 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Budget meeting of Monday, December 7, 2020 be adjourned at 12:52 p.m. Carried Page 17 of 47 Municipality of Tillsonburg OPP Billing Model & Municipal Policing Cost Recovery December 16th, 2020 Page 18 of 47 Outline •OPP annual expenditures (2020) •Billing Model •2015 to 2020 cost-recovery trends •Annual Billing Statement •Community Safety and Policing Act, 2019 Page 19 of 47 1% $15.1M*** $410.4M**$750.6M $1.176+* billion 35% Ontario Provincial Police: Resources (2020) Detachment Staff**** •Supervision •Frontline Constable •Civilian Administrative and Support Support Positions and ODOE**** •Communication Operators •Prisoner Guards •Provincial Police Academy and In-Service Training •Uniform Recruitment •Municipal Policing Bureau •Quality Assurance •Forensic Identification •IT and Telephone Support •Regional Headquarters •Vehicles •Uniform and Equipment •Radios MUNICIPAL POLICING RESOURCES Traffic Safety •Aircraft Enforcement •Provincial Traffic Safety Program •Snowmobile All-Terrain Vessel Enforcement •Waterways and King’s Highway Investigations •Criminal Investigations •Child Sexual Exploitation Investigations •Anti-Rackets •Organized Crime •Investigation and Support Intelligence •Covert Operations •Provincial Anti-Terrorism and Hate Crimes •Analysis and Information •Field Intelligence Specialized Response Teams •Tactical Emergency Medical Services •Aviation Services •Canine Unit •Emergency Response Team •Negotiations •Tactics and Rescue Unit •Underwater Search and Recovery Unit •Urban Chemical Response Team PROVINCIAL / SPECIALIZED RESPONSIBILITIES Indigenous Policing Unincorporated Territories Auxiliary Policing Community Safety *OPP total does not include statutory appropriations and is based on 2019/20 actuals ** OPP municipal policing estimated cost for 2020 (excluding recoveries for amalgamated municipalities) ***$15.1 recoveries (including one-time initial cost) for OPP policing services provided to municipalities amalgamated after January 1, 2015 (2020 Estimated) ****Municipalities are billed for the portion of detachment and support positions and ODOE 64% Page 20 of 47 OPP Billing Model 20202015 Page 21 of 47 OPP Billing Model The billing model is PROVINCIALLY FOCUSED and divides the majority of municipal policing costs into two categories. Base Service Allocate among municipalities on an equal per-property basis (households, commercial and industrial properties) + Calls for Service Allocate the costs to municipalities based on their individual usage level. •Legislated activities (e.g., crime prevention, officer availability to respond to emergency calls for service 24 hours a day, general and directed patrol, victim assistance, etc.) •Proactive policing (e.g., RIDE, traffic safety, community policing, intelligence gathering etc.) •Officer training and administrative duties •All Inspector and Staff Sergeant positions •Crime calls (assaults, break & enter, mischief, drug offences, etc.) •Provincial Statutes (Mental Health Act, Trespass to Property Act, landlord/tenant disputes, etc.) •Motor vehicle collisions (property damage, personal injury, fatal, etc.) •General calls for service (false alarms, lost property, missing person, etc.) •Does not include incidents normally generated through proactive policing Additional Costs Municipalities billed on their specific usage: Overtime Court security Cleaning/Caretakers Accommodations Enhancements Prisoner Transportation* * Prisoner transportation cost is allocated to all municipalities on an equal per property basis. Page 22 of 47 BASE SERVICE COST Allocated among municipalities on an equal per property basis $177.48 per property (2021) CALLS FOR SERVICE (CFS) COST Charged to municipalities according to their usage (% of provincial CFS cost) OTHER COSTS Allocated directly to municipalities based on contract arrangements and usage, i.e. Overtime, Court security, Prisoner transportation, Accommodation/cleaning and Enhancements. 2021 OPP Municipal Cost-Recovery $168.3M $39.9M Note: Cost net of recoveries for policing services provided to municipalities amalgamated after January 1, 2015 and O.Reg. 267/14 discount Page 23 of 47 Municipal Policing Cost-Recovery (Provincial Summary) 2015 -2021 $390M $395M $396M $407M $410M $412M $413 $354 $350 $350 $358 $362 $357 $356 330 340 350 360 370 380 390 400 410 420 Total Municipal Cost-Recovery ($M)Average Cost per Property ($) 7 Page 24 of 47 Page 25 of 47 Page 26 of 47 Page 27 of 47 Page 28 of 47 Community Safety and Policing Act, 2019 •OPP policing –no contracts to provide municipal policing – eliminates the distinction between section 10 and section 5.1 municipalities •Provisions for the OPP to provide enhancements (at an extra cost) to specific municipalities, under established agreements •Municipalities have two main choices: Continue to be policed by the OPP and become a part of an OPP detachment board (s.10 (1)(4), s. 67, s. 68 CSPA) Municipalities can choose to form a municipal board, or amalgamate boards, enter into an agreement with another municipal board, etc., to have the municipal board provide policing responsibility (s. 22 CSPA) Page 29 of 47 Helpful ONLINE Resources INTERNET www.opp.ca/billingmodel www.opp.ca/municipalpolicing www.opp.ca/contractproposals @OPP_Mun_Pol TWITTER Page 30 of 47 QUESTIONS? Email us: OPP.MunicipalPolicing@opp.ca Call us: (705) 329-6200 Follow us on Twitter: @OPP_Mun_Pol Page 31 of 47 Page 1 of 2 Subject: Waste Management Contract renewal Report Number: OPS 20-35 Author: Dan Locke, C.E.T., Manager of Public Works Meeting Type: Council Meeting Meeting Date: Monday, November 23, 2020 RECOMMENDATION THAT Council receives report OPS 20-35 Waste Management Contract renewal as information; AND THAT a By-Law to authorize the Waste Management Contract, be brought forward for Council’s consideration. BACKGROUND The previous contract By-Lawaw #3319 was from 2008 and many improvements have been implemented since that time. These improvements include the newly designed Transfer Station in 2017 and the County selected a new service contractor for the curbside waste collection in 2020. The County of Oxford and the Town of Tillsonburg negotiated the new contract due to the changes over the past 12 years in order to update the contract to be in line with the current practices. County Council approved the execution of this agreement during their meeting on Wednesday, October 28, 2020. DISCUSSION The new contract is updated and is reflective of the current practices in place today. CONSULTATION Staff from both The County of Oxford and The Town of Tillsonburg met to discuss, review and amend the previous contract. FINANCIAL IMPACT/FUNDING SOURCE The new contract was reviewed by the Finance Department and any concerns that were brought forward were discussed and the contract amended to satisfy these concerns. No change to the funding source. Page 32 of 47 OPS 20-35 Page 2 of 2 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Tillsonburg WM Contract Appendix B – Tillsonburg WM Contract Schedule A B C Report Approval Details Document Title: OPS 20 -35 Waste Management Contract.docx Attachments: - Tillsonburg WM Contract_Final_ Sep 10 2020.pdf - Tillsonburg WM Contract Schedule A B C_Final_Sep 10 2020.pdf Final Approval Date: Nov 17, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Nov 17, 2020 - 3:49 PM Page 33 of 47 This Agreement entered into as of this ____day of ___________, 2020 by and between The Corporation of the Town of Tillsonburg (hereinafter called “Town”) -and- County of Oxford (hereinafter called “County”) WASTE MANAGEMENT AGREEMENT Whereas Section 75 (1) of the Municipal Act, 2001 chap. 25, provides that the County may designate any of its waste management services or facilities for the management of waste or any class of waste to the Town, for which it has the power to provide the service or facility; And whereas the Town and the County wish to enter into an agreement where the Town provides for large article items and yard waste/compost program on behalf of the County; And whereas the parties agree that the intent of this agreement is to provide high quality waste management in a sustainable and cost effective manner for properties serviced by the Town on behalf of the County; And whereas the parties intend to consult with each other about policy changes and to the degree appropriate, consider the implications, financial and other, for the communities; Now therefore this Agreement witnesses that in consideration of the mutual contents contained herein, the Parties hereto covenant and agree as follows: 1.0 GENERAL CONDITIONS 1.1 Term The term of the contract shall, commence May 1, 2020 and shall be revised upon final termination of the County’s contract with an external waste management service provider serving all area municipalities with the exception of the Township of South-West Oxford and the City of Woodstock. 1.2 Changes to the Agreement The parties agree that any changes to the terms of this agreement, must be made in writing and approved by each municipality’s Chief Administrative Officer or Designate. Page 34 of 47 2.0 AGREEMENT 2.1 Payment In accordance with paragraph 2.5, the County shall pay one half of the annual fees for service on a semi-annual basis as determined in section 2.5 of this agreement. For the purposes of this section, semi-annual shall mean April 1 and October 1. The Town will complete a final reconciliation, and where fees for services set out in this agreement are less than calculated in paragraph 2.5, refund of fees shall be paid by February 28th of the following year.   2.2 Grants Town and the County staff will work together to maximize grants and subsidies from Stewardship Ontario and/or any other agency that may from time to time support waste and recycling collection, transfer or diversion programs. Both parties will track appropriate metrics and costs required to maximize funding, and report in the required format to meet reporting deadlines. 2.3 Meetings Town and the County staff will meet at least annually to ensure quality and a consistent level of service is provided to the waste management users and on any interim basis if deemed necessary by either party. 2.4 Household For the purposes of this agreement, household count shall be based on the annual returned roll household numbers as determined by the Municipal Property Assessment Corporation. 2.5 Services covered under the Agreement Fees for services set out in this Agreement shall not exceed the total cost per household under the County’s current contract with an external waste management service provider. The contract per household fees are set out in Schedule “A”, attached hereto and forming part of this Agreement. This schedule shall be amended annually to reflect the County’s approved budget which includes CPI increases calculated in accordance with the County’s contract for waste management services with an external waste management service provider (75% of the increase set out in the Consumer Price Index for Ontario as published for the previous 12-month period by Statistics Canada) and household figures as determined in paragraph 2.4. A customer service charge of $2.50 per household, shall be paid by the County to cover expenses related to record keeping, customer service, general overhead and other such administrative costs for services referred to in this agreement. For the purposes of determining the annual customer service charge, household figures as set out in paragraph 2.4 will apply. Page 35 of 47 2.5.1 Special Collection/Depots • Large Article Large article items consist of the collection, either curbside or costs to operate a depot of large items and transportation to Salford Waste Management Facility. The items collected shall be consistent with those guidelines set out by the County. The Town will be responsible for paying the County tipping fees as they relate to the large item curbside pickup and/or depot collection.. The County will pay the Town of Tillsonburg $16,400 to reimburse the Town for the cost of the tipping fees paid by the Town as per 2020 budget, and as set out in Schedule ‘C’. This fee will be indexed to the County’s Fees and Charges By-Law Landfill Tipping Fees 2.5.2 Yard waste/compost program The Town shall supply all labour, materials and equipment to operate a yard waste depot to permit drop off of leaves, lawn and garden waste and brush and to develop a yard waste compost site subject to the requirements of the Ministry of the Environment and Climate Change. The contract price per tonne are set out in Schedule “B”, attached hereto forming part of this Agreement. This schedule shall be amended annually to reflect CPI increases calculated in accordance with the County’s contract for waste management services with an external waste management service provider (75% of the increase set out in the Consumer Price Index for Ontario as published for the previous 12-month period by Statistics Canada) The County is responsible for transportation costs. 2.6 New Initiatives Permit the inclusion of the cost in the County’s overall waste management budget funding of new programs that will significantly advance reduction, diversion and recycling goals of the County. Approval of such new initiatives are subject to the approval of County Council and developed in collaboration with the Area Municipalities. 2.7 County Bag Tags 2.7.1 The Town shall require that all waste collected has affixed County Bag(s) as per County policy. 2.7.2 The Town shall act as a sales outlet for County Bag Tags. Page 36 of 47 3.0 INDEMNITY AND INSURANCE 3.1 The Town shall, at all times, indemnify and save harmless the County and its officers, directors, agents and employees from and against all claims, damages, losses and expenses, including, but not limited to attorneys' fees, court and arbitration costs, or other proceedings made, sustained, brought or prosecuted that are based upon, or attributable in any way to the negligent acts, errors or omissions of the Town in connection with Services performed, purportedly performed or required to be performed by the County under this Agreement. 4.0 DISPUTE RESOLUTION 4.1 The County and the Town will attempt in good faith to resolve any dispute arising in connection with this Agreement informally according to the following procedure: 4.1.1 Upon written request of a party identifying a dispute to be resolved, the representatives, or their designate(s) as listed in paragraph 6.0 below, will meet within fifteen days after the request is received from the requesting party. At this meeting, the designated representatives will identify the scope of the dispute and the information needed to discuss and attempt to resolve the dispute. These management representatives will then gather relevant information regarding the dispute and will meet again to discuss the issues and negotiate in good faith to resolve the dispute. Such second meeting will occur within fifteen (15) days of the first meeting. 4.1.2 If a dispute is not resolved by the methods indicated above, the parties may, upon mutual agreement, appoint a committee designed to assist the municipalities in reaching an agreement on the issue in dispute. Failing resolution, the parties may seek involvement of senior representatives (Chief Administrative Officer’s) for both municipalities and at which time the senior representatives will determine if involvement of respective municipal councils is required. 5.0 GENERAL 5.1 The Town will comply with all federal, provincial and municipal laws while performing the Services hereunder, including but not limited to the Human Rights Code, R.S.O. 1990, Chapter H. 19, as amended. 5.2 This Agreement constitutes the entire agreement between the County and the Town. There are no other agreements, understandings, representations of warranties, either collateral, oral or otherwise. Page 37 of 47 5.3 The County and the Town acknowledge that, in the event that Federal and/or Provincial legislation or regulation is enacted that imposes change to the County’s waste management program, including recycling services, as set out herein, the terms and conditions of this Agreement shall be amended to ensure compliance with such legislation. 5.4 Force Majeure In the event that either Party shall be unable to fulfil, or shall be delayed, or shall be prevented from the fulfilment of, its obligations under this Agreement by reason of an Event of Force Majeure or other reasons of like nature beyond the reasonable control of the Party delayed or prevented from fulfilling any obligation, hereunder, save and except for any delay or prevention from such fulfilment caused by a lack of funds or other financial reasons, strikes or other concerted acts by workers, delay or other failure arising out of the nature of the work to be done, or from the normal action of the elements or from any normal difficulties that may be encountered in the performance of the work, having regard to the nature thereof shall in no event be deemed to be a cause beyond a Party’s control. An “Event of Force Majeure” means an event beyond the control of a Party hereto that prevents the Party from complying with its obligations under this Agreement, including but not limited to: a. acts of God such as, but not limited to, explosions, drought, pandemics, and tidal waves that are not considered a normal action of the elements; b. war, hostilities (whether declared or not), invasion, acts of foreign enemies, mobilization or embargo; c. mobilization, insurrection or military use of power, or civil war; d. riot, commotion, or other unexpected and unforeseen disorder resulting in a substantial impact in the Party’s ability to perform its obligations under this Agreement; or e. acts or threats of terrorism. In the event that the performance of the terms and conditions of this Agreement, in the reasonable opinion of either Party, is made impossible by an Event of Force Majeure, then either Party shall notify the other in writing and the County shall either; terminate the Agreement forthwith and without any further payments being made; or authorize the Town/Township to continue the performance of the Contract with such adjustments as required by the existence of the Event of Force Majeure and as agreed upon by both Parties. In the event of a strike or lockout which shall not constitute an Event of Force Majeure, the Town/Township is responsible to maintain all services provided under this Agreement, to whatever reasonable degree possible and, if necessary, in co-operation with the County. Page 38 of 47 Within thirty (30) days of the award of any Agreement, the Town/Township shall submit for review and approval to the County, acting reasonably, a “Business Continuity Contingency Plan” explaining in detail how performance of the service during any strikes and/or lockouts, fire, an Event of Force Majeure or other major interruptions in the performance of its obligations under this Agreement shall be maintained at the Town’s/Township’s sole cost. Such Business Continuity and Contingency Plan shall become a part of the Agreement and shall be subject to all the terms of the Agreement. Failure to submit a sufficient Business Continuity Contingency Plan, in the sole discretion of the County, may result in termination of the Agreement. A Party shall not be considered to be in breach of this Agreement to the extent the performance of their obligations is modified in accordance with the Business Continuity Contingency Plan as a result of an Event of Force Majeure. The Party (hereinafter in this Section the “Affected Party”) implementing the Business Continuity Contingency Plan shall forthwith give written notice to the other Party of becoming aware of an Event of Force Majeure to the Affected Party. The Affected Party shall be entitled to a reasonable extension for the time of completion of its obligations set forth in this Agreement and in accordance with the Business Continuity Contingency Plan that may be reasonably required by the Affected Party and agreed to by the other Party to mobilize to continue with the fulfillment of its obligations pursuant to this Agreement. The Parties acknowledge and agree that in the event of conflict between the terms and provisions of this section and any other section contained in the Agreement, the terms and provisions of this section shall govern and apply. 5.5 Termination Either party may terminate this Agreement at any time, without fault and without liability, upon six (6) months’ written notice to the other. Either party may terminate this Agreement at any time if the other does not comply with any of its terms, provided notice is provided and the party failing to meet its obligations is given a reasonable time to comply. Upon termination, the County shall pay the Town/Township for all services satisfactorily performed up to and including the date of termination. 6.0 NOTICE 6.1 Any notice as provided for under this Agreement may be served or given (a) by the County to the Town by mailing (by prepaid registered mail), emailing, or faxing the same addressed to: The Corporation of the Town of Tillsonburg 10 Lisgar Ave Tillsonburg, Ontario N4G 5A5 Fax No. 519-688-0759 E-mail clerks@tillsonburg.ca Attention: Clerk and Page 39 of 47 (b) by the Town to the County by mailing (by prepaid registered mail), emailing, or faxing the same addressed to: County of Oxford, P. O. Box 1614, 21 Reeve Street Woodstock, Ontario. N4S 7Y3 Fax No. (519) 421-4713 E-mail: clerks@oxfordcounty.ca Attention: Clerk 7.0 INUREMENT 7.1 This Agreement and everything herein contained, unless the context otherwise requires, shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. The parties hereto have hereunder set their hands and seals the day and year first above written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly authorized in that behalf. Dated at Woodstock, Ontario this ___day of _________,2020. The Corporation of the Town of Tillsonburg ___________________________ Stephen Molnar, Mayor ___________________________ Kyle Pratt, CAO County of Oxford ___________________________ Michael Duben, CAO ___________________________ David Simpson, Director of Public Works Page 40 of 47 2020 2021 2022 2023 2024 Actual*Estimate2*Estimate2*Estimate2*Estimate2* Large article $3.19 $3.20 $3.23 $3.26 $3.28 Cost phase-in allowance 1 $1.25 $0.50 $0.00 $0.00 $0.00 $4.44 $3.70 $3.23 $3.26 $3.28 Customer Service $2.50 $2.50 $2.50 $2.50 $2.50 Cost per household $6.94 $6.20 $5.73 $5.76 $5.78 1 Costs have been phased in over 2 years 2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement * Rates are effective May 1 2020 2021 2022 2023 2024 Actual Estimate2 Estimate2 Estimate2 Estimate2 Yard waste drop off site $15.30 $15.59 $15.88 $16.18 $16.48 Cost phase-in allowance 2 $3.00 $1.50 $0.00 $0.00 $0.00 Cost per tonne $18.30 $17.09 $15.88 $16.18 $16.48 1 Costs have been phased in over 2 years 2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement 2020 2021 2022 2023 2024 Actual Actual Estimate1 Estimate1 Estimate1 Landfill Tipping Fees $16,400 $16,470 $16,720 $16,970 $17,220 Annual Cost $16,400 $16,470 $16,720 $16,970 $17,220 1 Future period rates are estimated; recalculation will be based on paragraph 2.5.1 of the agreement ANNUAL FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "A" PER HOUSEHOLD FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "B" PER TONNE FEES APPLICABLE TO TILLSONBURG AGREEMENT SCHEDULE "C" Page 41 of 47 Page 1 of 3 Subject: White Paper – Fire Communications Financial Review Report Number: FRS 20-15 Author: Brad Lemaich, Fire Chief / CEMC Meeting Type: Council Budget Meeting Meeting Date: Wednesday, December 16, 2020 BACKGROUND During the November 30th budget meeting a question was raised about the contributions by the taxpayers of Tillsonburg to operating a Fire Communications Service. This paper outlines the positive benefit for the Town of Tillsonburg through this service. DISCUSSION The Fire Communications division is operational 24 hours per day 365 days per year. This is a service that provides emergency 911 dispatch service for 40 fire stations serving 25 municipalities with a population base of 217,000 people. In addition it provides after-hours customer service for the Town of Tillsonburg and Tillsonburg Hydro. Currently we employ 5 full-time and 9 part-time communicators that handle an average of 640 emergency calls and 615 non-emergency calls per month. We have 2 communicators on shift 12 hours of each day, and are single staffed the other 12 hours. There is also a number of trained staff available to support the on-shift communicators within minutes if call volumes dictate. An employee callback system can be used when heavy call volumes are being experienced like extended weather events affecting numerous regions simultaneously. All staff have completed, or are working towards, NFPA 1061 Standard for Public Safety Telecommunications Personnel Professional Qualifications Level II certification, and deemed to be firefighters under the Fire Prevention and Protection Act. Tillsonburg’s dispatch equipment and programming equipment has been kept to current standards with costs shared by all users, minimizing the costs to our ratepayers. We benefit from having our own dispatch in-house, as we can tailor our system to the specific needs of our department and community. We have been able to maintain state of the art technology through things such as real-time data updates, mapping, hydrant locations, etc., pushed to in-cab devices, allowing crews an added margin of safety and Page 42 of 47 FRS 20-15 Page 2 of 3 residents the value of having the latest technology contribute to efficient and effective suppression operations that minimize property loss. Earlier in 2020 new business was added to the customer base resulting in an overage in the previously budgeted wage and equipment service contract line items. Labour costs increased by $170,000 and equipment monitoring and maintenance contract costs rose by $35,700 over budget. Revenues increased $214,400 (58%) due to these new customers, and was calculated to offset the additional expenses incurred leaving $8000 net revenue. Fire Communications for 2021 sees a decrease in the inter-functional adjustments which has impacted our bottom line by $19,300. This adjustment results in a further negative impact to our net levy that in the 2021 budget that is shown as $179,100. This inter-functional adjustment is the value assigned to the after-hours service that Fire Comm provides for the Customer Service Centre and Tillsonburg Hydro. What is not captured in the 2021, nor previous budgets, is the value of the dispatch service provided by Fire Comm to the Tillsonburg Fire and Rescue Service. If Tillsonburg Fire had to contract to an outside service provider for its dispatch at current rates, we would expect to pay an estimated $59,900 per year, plus start-up costs in year one ($18,000 – 28,000), plus NG 911 costs when applicable. Factoring in this adjustment brings our net levy to $101,200. Also not quantified in the 2021 budget is our revenue generating capacity. We up - staffed to bring on the 4 Dufferin County contracts. This same up -staff allowed us to engage Fort Erie with no additional labour costs. We still have capacity to bring on new business with estimated revenues of $75,000 – 90,000 with our current staffing levels. A number of potential customers that meet this profile have already contacted us in preliminary information gathering processes. We are also aware of two RFP’s to be released in the coming months that we expect to have an opportunity to submit proposals for. An additional 75k in revenue would bring the net levy down to $26,200. We have a number of mid to long term contracts that have reached, or are soon reaching their initial term maturity date, and are open to re-negotiation. These contracts are based on pricing structures that are no longer reflective of current p ricing and have only seen nominal cost of living increases over their lifespan. There is an opportunity to re-visit these agreements and to introduce price adjustments that ensure continued business but more accurately reflect current pricing trends. Strategical re-pricing of existing contracts and financially sound pricing on future contracts will will result in increased revenue generation further minimizing the levy impact , with the aim of Fire Comm becoming a profit centre. Lastly, the Fire Chief, CAO, and Interim Director of Finance began working in October to engage a consultant to examine our operation and to provide expert guidance to complete a cost-benefit analysis, examine capacity, identify potential customer base Page 43 of 47 FRS 20-15 Page 3 of 3 growth, determine a fixed per capita costing model based on current and future staffing models, etc. While we have one proposal in hand we are currently awaiting proposals from other potential proponents. We anticipate having a proponent selected by mid to late December 2020 and report/project completion by the end of Q1 2021. FINANCIAL IMPACT/FUNDING SOURCE The consultants cost would be drawn from Modernization Funding made available from the province and not impact Tillsonburg ratepayers. CONSULTATION The Fire Chief and the Interim Director of Finance have consulted on this report. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS None Report Approval Details Document Title: FRS 20-15 White Paper Fire Communications Financial Review Final.docx Attachments: Final Approval Date: Dec 11, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 11, 2020 - 12:02 PM Page 44 of 47 Page 1 of 2 Subject: CAO Performance Evaluation 2020 Report Number: MYR 20-07 Author: Mayor Stephen Molnar Meeting Type: Council Meeting Meeting Date: Wednesday, December 16, 2020 RECOMMENDATION THAT Council receives MYR 20-07 CAO Performance Evaluation 2020 as Information; AND THAT Council establishes and appoints a CAO Performance Review Committee; AND FURTHER THAT Council appoints Mayor Molnar, ______________ and ________________ to the CAO Performance Review Committee; AND FURTHER THAT Council approves the proposed 2020 CAO Performance Evaluation Process as outlined in MYR 20-07. AND FURTHER THAT a report be prepared for Council consideration on January 11, 2021. SUMMARY The requirement for a CAO performance evaluation is a condition of employment which states, in part, that on or about the anniversary date, the CAO will participate in an annual performance review conducted by the Mayor and members of Council or a Committee of Council. BACKGROUND In accordance with the above, it is being recommended that a CAO Performance Review Committee be established in order to provide a process for all Council members to participate in the CAO performance review. It is anticipated that the role of the CAO Performance Review Committee is to: Page 45 of 47 MYR 20-02 Page 2 of 2  Review the objectives/themes communicated by the CAO (2020);  Review the performance of the CAO in 2020 in relation to Council direction and CAO initiatives;  With the CAO, jointly develop goals and objectives for 2021;  Establish the measurement criteria for the defined goals and objectives in 2021;  Make a recommendation to Council regarding 2021 goals and objectives;  Provide recommendations for CAO compensation on a yearly basis. CONSULTATION The Committee will extend the opportunity for input and feedback from all members of Council in advance of forwarding a final report for consideration. FINANCIAL IMPACT/FUNDING SOURCE Any financial impact is dependent on recommendations that may be made by the Committee, subject to Council approval, regarding compensation. Any impact has been considered within the 2021 budget. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS None. Page 46 of 47 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-116 A BY-LAW to confirm the proceedings of Council at its meeting held on the 16th day of December, 2020. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on December 16, 2020, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 16th DAY OF DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 16th DAY OF DECEMBER, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 47 of 47