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26052014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday May 26, 2014 6:00PM Council Chambers Chair: Mayor Dave Beres MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private ·~~~~:~~~~t~~n_b~(9.· .\~OUI')QihJ\tl~@tlng .~1~ilil:. . . oR:I~rs ofthe Day: .· CALL TO ORDER The meeting was called to office at 6:00 p.m. ATTENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Brenda Carroll Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of May 26, 2014, be adopted. Carried 052614 Page 1 MINUTES: Meeting for the Committee "Open Council" CLOSED MEETING SESSION Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council move into Closed Session, to consider: Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Oakpark Subdivision) Carried MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of May 12, 2014[dl Minutes of the Meeting of May 14, 2014 ~ Moved By: Councillor Stevenson Seconded By: Councillor Klein THAT the Minutes of the Council Meeting of May 12, 2014 and the Special Council Meeting of May 14, 2014, be approved. Carried PRESENTATIONS 1. Recognition ofTown Crier. Brenda Bozso ~ The Mayor presented Brenda Bozso with a certificate on behalf of the Ontario Guild of Town Criers for her many years of service to the organization. He also thanked her for her 19 years as Town Crier for the Town of Tillson burg. DELEGATIONS 2. Cultural Advisory Committee [;! Presented By: Deb Beard, Chair, Cultural Advisory Committee Refers to item 25. PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request. Deb Beard, Chair of the Cultural Advisory Committee, shared background material for the Tri-County Agricultural Society funding request. Page 2 ) MINUTES: Meeting for the Committee "Open Council" At this point Council addressed item 25 of the Agenda. 25. PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request 1J1 Presented By: Rick Cox, Director of Parks & Recreation Services Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request as information; AND THAT Council approve a $750 grant to the Society from the Cultural Grants Program as recommended by the Cultural Advisory Committee. Carried 3. Development Charges Background Study [:;! Presented By: Stefan Krzeczunowicz Staff to report further information on: • Population forecasts for the Town of Tillson burg • Development charges can be waived for parking spaces and whether additional parking spaces will be required within the Town between 2014-2033 • Why there are development charges on pre-existing buildings undergoing reinvigoration • Whether fire truck upgrades and replacements should be removed from development charges Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT the Development Charges Background Study dated May 9, 2014 be received as information. Carried 4. Waste Management Strategy IJj Presented By: Pamela Antonio, Waste Management Coordinator ~ WMS May 26 2014 Town of Tillsonburg Council Presentation.pptx Pamela Antonio, Waste Management Coordinator, informed members of Council of the Draft Waste Management Strategy from the County of Oxford. Ms. Antonio outlined the next steps of delivering the Strategy to members of the public. The completed strategy will be delivered to County Council by August 2014. Page 3 MINUTES: Meeting for the Committee "Open Council" ) 5. Tillsonburg Scout Association [;! Presented By: David Palmer and Floyd Marshall Refers to item 19. PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House. David Palmer and Floyd Marshall shared with members of Council a brief history of the Tillson burg Scouting Association's activities within the Town of Tillsonburg, and further spoke to the use of Gibson House. At this point Council addressed item 19 on the agenda. 19. PRS 14-11 Agreement With Tillson burg Scouting Association For Their Use Of Gibson House ~ Presented By: Rick Cox, Director of Parks & Recreation Services Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House as information; AND THAT Council directs staff to bring back an agreement that includes the concerns of Councillor Klein, captured in the minutes, that being: • the Gibson House will not be used for storage • Consultation with the Lake Lisgar Revitalisation Committee • Signing authority used is satisfied by the Town's lawyer Carried INFORMATION ITEMS 6. Swance. Kellett & W.E. Russell Municipal Drains 2014 !;} A Public Meeting will be held Tuesday, June 3, 2014, at 9:00a.m. in the Town of Norwich Council Chambers, 210 Main Street East, Otterville, ON. 7. AMO Board of Directors 2014-2015 Request for Nominations [;} Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council nominate Deputy Mayor Renaud as a Board of Director for the 2014-2016 term on the Association of Municipalities of Ontario Small Urban Caucus. Carried Page4 MINUTES: Meeting for the Committee "Open Council" 8. 2014 Senior Achievement Award Program Nominations [] CLERK 9. CL 14-13, Filling the Vacancy for the Position of Councillor [] Presented By: Donna Wilson, Town Clerk 10. Councillor Appointment Process & Oath of Office ~ Presented By: Donna Wilson, Town Clerk Candidates were given 5 minutes to address council, the order was selected by lot. The candidates spoke in the following order, Stephen Molnar, Sam Lamb, Brenda Carroll, and Rick Miggens. A vote was held and Candidate Brenda Carroll received the majority vote. Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, hereby appoint Brenda Carroll as Councillor for the Town of Tillson burg for the remainder of the term of Council. Carried By-Law Appointment for the Councillor position. Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3818, to appoint a Councillor for the Town of Tillsonburg, be given a first, second and 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 Councillor Carroll joined Council for the remainder of the meeting. Council took a 5 minute recess at 8:55 p.m Council resumed at 9:03 p.m. Council agreed to deal with items 12, 26 and 22 at this time. Page 5 MINUTES: Meeting for the Committee "Open Council" 12. CL 14-18. Sale of 3 John Pound Road CJ Presented By: Donna Wilson, Town Clerk Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives Report CL 14-18, Sale of 3 John Pound Road; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to complete all documents to procure the sale of Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41 R-7261, municipally known as 3 John Pound Road. Carried 26. PRS 14-20-Update on Lake Lisgar Project Presented By: Rick Cox, Director of Parks & Recreation Services 1m\.. ~ PRS 14-20-Update on Lake Lisgar Project.pdf May 26, 2014 Letter from Residents.pdf Request that staff work in collaboration with the Lake Lisgar Sailors and the neighbouring properties Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT Council receives report PRS 14-20-Update on Lake Lisgar Project as information. Carried 22. PRS 14-16 Municipal Facility Housekeeping Tender Results []) Presented By: Rick Cox, Director of Parks & Recreation Services Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives Report PRS 14-16-Municipal Facility Housekeeping Tender Results; AND THAT Council award the housekeeping contracts for 2014-2018 as follows at the rates submitted through the tender process: • Corporate Offices, Public Works and Fire Hall to Steam Canada • Annandale House to SQM Janitorial • O.P.P. Station and Customer Service to Green Care Janitorial • Tillson burg Community Centre Zones 1, 2 and 3 to Green Care Janitorial AND THAT a By-Law be brought forward for Council's consideration. Carried Page 6 \ MINUTES: Meeting for the Committee "Open Council" 11. CL 14-17 Compliance Audit Committee [;'J Presented By: Donna Wilson, Town Clerk Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council receives Report CL 14-16, Joint Compliance Audit Committee; AND THAT a By-law to appoint a Joint Compliance Audit Committee be brought forward for Council consideration. Carried 12. CL 14-18. Sale of 3 John Pound Road ~ Presented By: Donna Wilson, Town Clerk This item was moved up after item 10 on the agenda 13. CL 14-19 Oakpark Subdivision-Front Ending Agreement !;! Presented By: Donna Wilson, Town Clerk Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receives Report CL 14-19, Oak Park Subdivision Front Ending Agreement; AND THAT the matter be resolved and that payment be provided to the Developer, 1300908 Ontario Inc. in the amount of $79,251.29, to be funded from reserves. Carried DEVELOPMENT & COMMUNICATIONS 14. Report DCS 14-29 Airport Transformer CJ Presented By: Cephas Panschow, Development Commissioner Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receive Report DCS 14-29 Airport Transformer; AND THAT Council approve the reallocation of $10,000 in funding from outsourced grass cutting towards the installation of a new transformer at the Tillsonburg Regional Airport to support new Page 7 \ MINUTES: Meeting for the Committee "Open Council" hangar investments; AND THAT staff be authorized to sole source the costs related to the connection of the transformer to Harry's Electric Inc. Motion to Defer Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT the matter be deferred for staff to review. Carried 15. Report DCS 14-28 Airport Hangar Land Lease ~ Presented By: Cephas Panschow, Development Commissioner Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive Report DCS 14-28 Airport Hangar Land Lease; AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillson burg Regional Airport for a twenty (20) year term expiring on December 31, 2034 subject to the terms and conditions contained within the lease agreement. Carried FINANCE 16. FIN 14-23 IT Work Plan Update b:J Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council receives report FIN 14-23 IT Work Plan Update as information. Carried OPERATIONS Page 8 MINUTES: Meeting for the Committee "Open Council" 17. OPS 14-11 Tender Results for Concrete Curb and Gutter I) Presented By: Steve Lund, Director of Operations Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receive Report OPS 14-11 Tender Results for Concrete Curb & Gutter and Sidewalk; AND THAT Tender T2014-002 be awarded to Fortese Concrete Ltd. of London, Ontario at a cost of $96,112.15 (HST included). Carried 18. OPS14-12 Tender Results for Hot Mix Asphalt Paving C3 Presented By: Steve Lund, Director of Operations Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Report OPS 14-12 Tender Results for Hot Mix Asphalt Paving; AND THAT Tender T2014-003 be awarded to Ekum-Sekum Incorporated o/a Brantco Construction of Cambridge, Ontario at a cost of $221,924.66 (HST included). Carried PARKS & RECREATION SERVICES 19. PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House I] This item was dealt with after item 5 earlier on the agenda. 20. PRS 14-14 Tri-County Agricultural Society Funding Request CJ Presented By: Rick Cox, Director of Parks & Recreation Services Page 9 \ ) MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives report PRS 14-14 Tri-County Agricultural Society Funding Request as information; AND THAT Council issue a one-time grant of $5,000 to the Society for the 160th Tillson burg Agricultural Fair; AND THAT the one-time grant be funded from reserves. Carried 21. PRS 14-15 Concrete Step Failure at the Tillsonburg Community Centre ~ Presented By: Rick Cox, Director of Parks & Recreation Services Staff to review financing and alternative options to repairing or replacing the failed concrete steps. Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council receives Report PRS 14-15 Concrete Step Failure at the Tillsonburg Community Centre; AND THAT Council approve the expenditure of $13,500 to relocate the handrails on the stairs to the West entrance of the Tillsonburg Community Centre to an area where the concrete is sound and create gardens to conceal the damaged concrete; AND THAT Council approve the expenditure of $11,000 to install magnetic locking doors at the West entrance of the Tillsonburg Community Centre to control access and improve traffic flow; AND THAT Council approve the remaining $15,500 for the compressor replacement project be contributed to reserves. Motion to Refer Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT the matter be referred to staff for review. Carried Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council suspends Procedural By-law 3511 Section 4.3.2, to allow the meeting to be extended past curfew of 10:30 p.m. Carried Page 10 \ ) MINUTES: Meeting for the Committee "Open Council" 22. PRS 14-16 Municipal Facility Housekeeping Tender Results [;] Presented By: Rick Cox, Director of Parks & Recreation Services This item was dealt with earlier on the agenda 23. PRS 14-17-Health Club Entrance Accessibility Renovations CJ Presented By: Rick Cox, Director of Parks & Recreation Services Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receives Report PRS 14-17-Health Club Entrance Accessibility Renovations; AND THAT Council award the project to Dean Masson at the tendered price of $40,165.00 plus H.S.T. Carried 24. PRS 14-18-Tender Results O.P.P. Flooring Replacement CJ Presented By: Rick Cox, Director of Parks & Recreation Services Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report PRS 14-18-Tender Results O.P.P. Flooring Replacement for information; AND THAT Council award the work to Rick's Carpet at the tendered price of $16,445.56 plus H.S.T. Carried 25. PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request [11 This item was dealt with after item 2 earlier on the agenda. 26. PRS 14-20 -Update on Lake Lisgar Project This item was dealt with earlier on the agenda. STAFF INFORMATION REPORTS Page 11 MINUTES: Meeting for the Committee "Open Council" 27. FIN 14-22 Credit Card Processing Fees [JI Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receive Report FIN 14-22 Credit Card Processing Fees; AND THAT Council consider By-Law 3826 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. Carried COMMITTEE MINUTES & REPORTS 28. Committee Minutes I) 29. Long Point Region Conservation Authority Minutes of the Meeting of April 2. 2014. []) NOTICE OF MOTION BY-LAWS 30. By-Laws for the Meeting of May 26, 2014 Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3826, to establish a service fee for payment card processing services with respect to utility bill payments, .. ~... ---;.. Bylaw 3826.pdf By-Law 3828, to appoint a Joint Compliance Audit Committee, [) By-Law 3830, to authorize the Sale of Land known as 3 John Pound Road, I) By-Law 3831, to authorize an Airport Lease Agreement with Greg Harvey bl By-Law 3829, to confirm the proceedings of Council at its meetings held on the 26th day of May, 2014, be read for a first and second time and this constitutes the first and second reading thereof. I) Carried Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein Page 12 \ i MINUTES: Meeting for the Committee "Open Council" THAT By-Law 3826, to establish a service fee for payment card processing services with respect to utility bill payments, .. ~.. J.. Bylaw 3826.pdf By-Law 3828, to appoint a Joint Compliance Audit Committee, CJ By-Law 3830, to authorize the Sale of Land known as 3 John Pound Road,~ By-Law 3831, to authorize an Airport Lease Agreement with Greg Harvey ~ By-Law 3829, to confirm the proceedings of Council at its meetings held on the 26th day of May, 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 ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 10:53 PM Carried Approval Received: (0 of 1) Donna Wilson/Tillsonburg (Wednesday May 28, 2014 04:33PM) Town of Tillson burg Page 13 MINUTES: Meeting for th e Committee "Open Council" Review Access: e Public 0 Private CALL TO ORDER ATIENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Towrt ot Tillsom!DI!.Jrg Council Meetim~ ()lfl Monday, May 12, 201 4 6:QO IPM Courtcil Clhambers Clh air: IDave !Berres Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of May 14, 2014, be adopted . "Carried" MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MINUTES & BUSINESS ARISING OUT OF THE MINUTES 051214 Page 1 MINUTES: Meeting for the Committee "Open Council" Resolution No.4: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives the Asset Management Plan for the Town of Tillsonburg. "Carried" INFORMATION ITEMS 7. The Beer Store Correspondence Re Privatization ~ 8. Ministry of Citizenship and Immigration Correspondence Re Ontario Medal for Good Citizenship [g) 9. Cement Association of Canada Correspondence ~ 10. AMO Correspondence -Province Releases Document Moving Forward on Rural Matters [g) 11 . AMO Correspondence -New Presumptive Cancers for Firefighters Announced liJ) Staff to bring additional information regarding costs to a subsequent Council meeting . 12. MPAC 2013 Annual Report and Financial Statements I}J) 13. Township of Muskoka Lakes Resolution -Land Titles Registry System ~ 14. Central Algoma Joint Disaster Relief Committee Request for Donations Correspondence 1iJ1 15. Ministry of Tourism, Culture and Sport Correspondence re Culture Development Fund 1rJ1 CHIEF ADMINISTRATIVE OFFICER Page 3 MINUTES: Meeting for the Committee "Open Council" 20. FIN 14-21 2014 Budgetary Estimates and Tax Rates [g) Presented By: David Calder, CAO Resolution No.8: Moved By: Councillor Stephenson Seconded By: Councillor Klein THAT Council receives report FIN 14-21 2014 Budgetary Estimates and Tax Rates; AND THAT By-Law 3820 to provide for the adoption of 2014 budgetary estimates, tax rates, installment due dates and further to provide for penalty and interest on default of payment be brought forward for Council consideration. "Carried" 21. FIN 14-20 Bank Signing Authorities !g) Presented By: David Calder, CAO Resolution No.9: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council receives report FIN14-20 Bank Signing Authorities; AND THAT Council hereby appoints the following as designated signing authorities for the Town's general banking needs: Mayor Dave Beres or Deputy Mayor Mark Renaud; and one of the following: Director of Finance/Treasurer, Darrell Eddington; or Deputy Treasurer, Ken Patterson. "Carried" OPERATIONS 22. OPS14-1 0 Fuel Tender Results [g) Presented By: Steve Lund, Director of Operations Resolution No.1 0: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Report OPS 14-10 as information; THAT Council accepts the Elgin Middlesex Oxford Purchasing (EMOP) co-op tender report and participates in the 3 year contract awarded to Dowler Karn/ESSO fuels. "Carried" PARKS & RECREATION SERVICES 23. PRS 14-13 Awarding Services Contract for CIA Project Coordinator ~ Presented By: Rick Cox, Director of Parks and Recreation Resolution No.11: Page 5 MINUTES: Meeting for the Committee "Open Council" THAT By-Law 3820, to Provide for Budgetary Estimates and Tax Rates for 2014, By-Law 3821, to Authorize a Professional Services Contract Agreement Between the Corporation of the Town of Tillson burg and Mary-Anne Murphy, By-Law 3822, to Authorize a Funding Agreement Between the Corporation of the Town of Tillsonburg, Her Majesty The Queen In Right of Ontario (Community Policing Partnerships),~ By-Law 3823, to Authorize a Funding Agreement Between the Corporation of the Town of Tillsonburg, Her Majesty The Queen In Right of Ontario (Safer Communities), and ~ By-Law 3824, to confirm the proceedings of Council at its meetings held on the 12th day of May 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. !g) "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 7:56 PM "Carried" Approval Received: (1 of 1) Donna Wilson!Tillsonburg (Tuesday May 13, 2014 02:41PM) David Calder!Tillsonburg (Thursday May 15, 2014 11:23AM) Town of Tillson burg Page 7 MINUTES : Meeting for the Committee "Open Council" Review Access: e Public 0 Private Town of l illsonlt>wrg Special Cot:Jnci l Meetirng on We(J mesday, May 14, 2014 6:00PM Tillsomlt>w Fg Community Cer11rre (liorn's Awdi~oriurn) Cthair: Dave Beres OliC!iefis of tli'le Day.: The meeting was called to order at 6:00 p.m. ATTENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Brian Stephenson Councillor Mel Getty Councillor Chris Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Special Council Meeting of May 14, 2014, be adopted. MAYOR WELCOME PUBLIC MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared INFORMATION ITEMS 1. Tillsonburg Hydro Inc. Frequently Asked Questions ~ 051414 Page 1 MINUTES: Meeting for the Committee "Open Council" Peter Beechey spoke in opposition to selling Tillsonburg Hydro Inc. Will Hayhoe, President of Hayhoe Homes, spoke about how the decision made by this Council will ultimately affect investment in Tillsonburg. John Armstrong spoke in opposition to selling Tillsonburg Hydro Inc. Bryan Smith spoke in opposition to selling Tillsonburg Hydro Inc. NOTICE OF MOTION BY-LAWS Resolution No.2: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3825, to Confirm the Proceedings of the Council Meeting of May 14, 2014, be read for a first and second time and this constitutes the first and second reading thereof. !g) Resolution No.3: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3825, to Confirm the Proceedings of the Council Meeting of May 14, 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. ~ ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:27PM "Carried" Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Thursday May 22, 2014 09:17AM) Town of Tillsonburg Page 3 ~22,2014 ~ (!j(Ji41 ~~ @(wp r;Jo~uv flleMlf ~ Cfd~ awl; CfditiltNuv, ~fll ~of lk ~nimiol fjuiU 4 q OJm1J ~'li£ut, (;ff wouU ~ t& uJw t/ust . ~UP~tpJWof~~@wula;@)J~SI~ ~ ruut ~ fo; tlutt ancienJ; and~ ar;l; of q OWJV ~~ ruut ~ UJ/ ~ ~niarkJ; fjuiLJ of {fT OlmV C/dUa& q~ fjudrl tlumkst Clamw @JJat&lP ~~~~fUll @T~ am£ @ea.elmif am}; ~ ~ coniilutett cammiimR-nf; fo; ().UX/ ~ Cfd'liRJv @Cark @(~ @}~ r!T OU)nl Cfdmw /<w tk Cfdibf of @it Cfd~ \ J Page 1 ofl Application to the Cultural Advisory Committee Deb Beard to: . .. '... .. Donna Wilson/Tillsonburg, jbunn, Colleen Pepper/Tillsonburg 05/20/14 11:57 AM , Hide Details .. · From:·neb Beard <o:ffice@St8.tionarts.ca>- To: "Donna Wilson/Tillsonburg" <DEWilson@tillsonburg.ca>, jbunn@tillsonburg.ca, "Colleen Pepperffillsonburg" <CPepper@tillsonburg.ca>, Hello Donna, Jeff; Could you please add myself as representative of the Cultural Advisory Committee to the May 26th Council for Council's consideration of the Tri county Agricultural Society application. Please confirm and if you need any further details. Please note that this motion was carried out bye-vote, finalized today. Motion by Josiane DeCloet to recommend the Tri County Agricultural Society receive $750.00 for the Art Attack Program, building to their 160th year of the Tri County Agricultural Fair. Seconded by Bernadette Rosehart. All in favour, motion carried. Regards, Deb Beard General Manager Tillsonburg Station Arts Centre 519.842.6151 www.stationarts.ca file:///C:IU sers/DEWilsonl AppData!Local/Temp/notesD3965 8/~web8799 .htm 5/21114 \ } Cultural Advisory Committee Grant Application Please enclose the following documents: Page 1of2 • A completed & signed application form (please ensure your answers are printed clearly and provide concise answers with brief descriptions) • A list of your current Board of Directors or Committee Members • Most recent Annual Report or statement of activities (if requested) • Your Organization's audited financial statement or most recent financial statement endorsed by two (2) signing officials (if requested) Return completed form to: Tillsonburg Cultural Advisory Committee c/o Town ofTillsonburg 200 Broadway, Suite 204 Tillsonburg ON N4G 5A7 Or cpepper@tillsonburg.ca Applicant Information (please print): Organization Tillson burg Tri-County Agricultural Society Contact Name Michelle Babcock Address P.O. Box 43 (47 Hardy Ave.), TIIIsonburg, ON Telephone Email Address 519-842-5964 ttriags@bellnet.ca Project/Event Start Date Date(s)/Time(s) Art Attacks: May 10, June 14, July 8 2014 Kids' Games: August 16, 2014 160th Historical and Art Display: August 11,2014 Project/Event Title & Purpose Postal Code N4G4H3 Fax 519-842-2624 Completion Date August 17,2014 The "Art Attacksn workshops, led by Juley Vandaalen, will be held at the Station Arts Centre (May 10, July 8} and at the Crystal Palace during Turtle Fest (June 14). Children and teens from the ages of 3-18 will be doing 3-4 crafts, to be able to enter them in the "Clever Kids" category at the 160th Tillson burg Fair. The "Kids' Games'' are a series of physical and fun non- competitive and competitive creative games and activities. There will be both a Historical Display and an art competition centred on the 1601h Agricultural Fair theme. . ' Tillson burg Tri-County Agricultural Society Executive and Board for 2014 President Michelle Babcock Past President Mike Dean 1st Vice President Tom Lamos 2nd Vice President Glenn Dunn 3rd Vice President Mike Dean Secretary Jenn Sherman 2nd Secretary Tracy Green Treasurer Bonnie Sitts Auditor Ken Babcock Auditor Phil Van Daalen Web Master Leeanne Young Comm. Living Rep Bonnie Edwards Homecraft President Jenn Sherman Homecraft Past Pres. Darlene Robinson Homecraft Vice Pres. Loretta Howey Homecraft Secretary Juley Van Daalen Homecraft Treasurer Bonnie Sitts Directors Beth Boughner Ilene Chesterman Rosemary Dean Frank Gero Leeanne Young Bonnie Edwards Darlene Robinson Suzanne Fleet Juley Van Daalen 519-688-9559 519-688-0729 519-688-4320 519-409-1118 519-688-0729 519-842-6609 519-688-1201 519-842-9809 519-688-9559 519-488-6335 519-403-9871 none 519-842-6609 519-866-3831 519-688-3330 519-550-9031 519-842-9809 226-231-3187 519-842-8145 519-688-0729 519-842-9826 519-403-9871 none 519-866-3831 519-842-3146 519-550-9031 . ' ' Cultural Advisory Committee Grant Process Report Application Received (This section to be filled in by Cultural Advisory Committee) Applicant ____________________________ _ Organization/contact name has been notified by the Committee Chair that the application has been received. Date Application Received Date Application Reviewed------------ Application Review: Grant Amount Recommended to Council: $ _____ _ Rationale: Cultural Advisory Committee Chairperson Date Recommendation to Council/Approval Amount approved by Council:$ _________ _ Date Approved by Council \ J STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: CULTURAL ADVISORY COMMITTEE RECOMMENDATION RE TRI- COUNTY AGRICULTURAL SOCIETY FUNDING REQUEST Report No.: PRS 14-19 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request as information; AND THAT Council approve a $750 grant to the Society from the Cultural Grants Program as recommended by the Cultural Advisory Committee. \ EXECUTIVE SUMMARY The Cultural Advisory Committee is recommending that the Town provide a $750 grant from the Cultural Grant allocation to the Tri-County Agricultural Society for their Art Attack program. BACKGROUND The Tri-County Agricultural Society filed a grant request with the Cultural Advisory Committee for $2,200 to support their Art Attack program leading up to and during this Fall's 160th Agricultural Fair. The grant request amount is consistent with the past several years' applications. The Advisory Committee evaluated the request at their meeting on May 7, 2014 and is recommending Council provide a grant of $750. The Committee has confirmed with the Society that the program is still viable even though the full request is not being granted. CONSULTATION/COMMUNICATION Members of the Tri-County Agricultural Society made a presentation to the Cultural Advisory Committee about their request. FINANCIAL IMPACT /FUNDING SOURCE These funds are to come from the $10,000 Cultural Grants allocation. Commitments to date, including this recommendation, total $1,250. 112 PRS 14-19-Cultural Advisory Committee recommendation re Tri-County Agricultural Society Fwtding Request.docx CAO DEVELOPMENT CHARGES BACKGROUND STUDY Town of Tillsonburg REMSON Consulting Ltd May, 2014 TABLE OF CONTENTS EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 INTRODUCTION ............................................... 7 II A TOWN-WIDE UNIFORM CHARGE APPROACH TO ALIGN DEVELOPMENT-RELATED COSTS AND BENEFITS IS USED ............... 9 A. Town-wide Development Charges Are Proposed . . . . . . . . . . . . . . . . . . . . 9 B. Key Steps When Determining Development Charges for Future Development-Related Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 Ill DEVELOPMENT FORECAST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A. Residential Forecast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B. Non-Residential Forecast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 IV HISTORICAL CAPITAL SERVICE LEVELS ...... ; ...................... 16 V THE DEVELOPMENT-RELATED CAPITAL FORECAST ................... 18 A. A Development-Related Capital Forecast Is Provided . . . . . . . . . . . . . . . . 18 B. The Development-Related Capital Forecast ....................... 18 VI PROPOSED DEVELOPMENT CHARGES ARE CALCULATED IN ACCORDANCE WITH THE DCA ................................ 22 A. Development Charges Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 B. Proposed Residential and Non-Residential Development Charges . . . . . . 24 C. Comparison of Newly Calculated Development Charges with Charges Currently in Force in Tillsonburg ............................... 27 VII LONG-TERM CAPITAL AND OPERATING COSTS ..................... 29 A. Net Operating Costs for Town Services to Increase over Forecast Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B. Long-term Capital Financing from Non-Development Charges Sources Totals $3.1 Million .......................................... 29 VIII LOCAL SERVICE GUIDELINES .................................... 31 1 EXECUTIVE SUMMARY (i) BACKGROUND • The Development Charges Act, 1997 (DCA), and its associated regulations ( 0. Reg. 82/98), allow municipalities in Ontario to recover development~related capital costs from new development. • The Town of Tillsonburg is experiencing residential and non~residential development, which increase the demand for municipal services. • The Town wishes to continue implementing development charges to fund capital projects related to development throughout Tillsonburg so that development continues to be serviced in a fiscally responsible manner. (ii) INTRODUCTION • The DCA and 0. Reg. 82/98 require that a development charges background study be prepared in which development charges are determined with reference to: • A forecast of the amount, type and location of housing units and non~residential development anticipated in the Town; • The average capital service levels provided in the Town over the ten~year period immediately preceding the preparation of the background study; • A review of future capital projects, including an analysis of gross expenditures, funding sources, and net expenditures incurred or to be incurred by the Town to provide for the expected development, including the determination of the development~related and non~development~related components of the capital projects; and • An examination of the long~term capital and operating costs for the capital infrastructure required for each service to which the development charges by~laws would relate. • This report identifies the development~related net capital costs which are attributable to development that is forecast to occur in the Town. These costs are apportioned to types of development (residential; non~residential) in a manner that reflects the increase in the need for each service attributable to each type of development. This report, therefore, presents development charges for each type of development. HEMS ON \ 3 • The Town has existing infrastructure for the provision of these services. The historical service levels for each of the services are shown in Section IV. (v) THE TOWN HAS A DEVELOPMENT-RELATED CAPITAL PROGRAM FOR THE PROVISION OF ELIGIBLE SERVICES • The study uses aT own~wide approach for calculating development charges for all services which the Town provides. • The capital infrastructure plans for general services are based on the ten-year planning period of 2014 to 2023. For engineering services capital plans are based on a planning period of2014 to 2031. • The Town's development-related capital program for all services amounts to $10.0 million and provides for a wide range of infrastructure expansions. • Of the $10.0 million development-related capital program, approximately $4.5 million has been identified as eligible for recovery through development charges. • The following is a summary of the development-related capital program: DC Non-DC Service Gross Cost Recoverable Recoverable FIRE PROTECTION $3,034.6 $404.2 $2,630.4 PARKS AND RECREATION $990.0 $217.0 $773.0 PUBLIC WORKS AND FLEET $2,020.0 $649A $1,370.6 PARKING $250.0 $225.0 $25.0 GENERAL GOVERNMENT $93.5 $34.1 $59.4 STORMWATER $138.0 $105.5 $32.5 ROADS AND RELATED $3,467.6 $2,859.9 $607.8 TOTAL ALL SERVICES $9,993.7 $4,495.1 $5,498.7 HEMS ON 5 • The following Town,wide non,residential development charges have been calculated: Service Non-Residential Charge Per Square Metre General Government $0.21 Fire Protection $2.68 Parks And Recreation $0.00 Public Works And Fleet $4.34 Parking $1.40 Subtotal General Services $8.63 Roads And Related $9.69 Stormwater $0.47 Subtotal Engineering Services $10.16 TOTAL CHARGE PER SQUARE METRE $18.79 (vii) A PORTION OF DEVELOPMENT-RELATED COSTS REQUIRE FUNDING FROM NON-DEVELOPMENT CHARGES SOURCES • The DCA requires that development,related net capital costs for general services be reduced by 10% when calculating the applicable development charge for these services. The 10% share of the development,related net capital costs not included in the development charges calculation must be funded from non,development charges sources. • In total, $82,900 is identified to provide for the required 10% reduction. • Non,development charges funding for replacement portions of the capital forecast and for portions of development,related projects that benefit existing development will total an additional $3.2 million. A large portion of these capital costs will have to be funded from property taxes, grants, user fees and other non,development charges revenue sources. HEMS ON 7 INTRODUCTION The Town ofTillsonburg Development Charges Background Study is presented as part of a process to lead to the approval of new development charge by-laws in compliance with the Development Charges Act, 1997 (DCA). The DCA and Ontario Regulation 82/98 (0. Reg. 82/98) require that a development charges background study be prepared in which development charges are determined with reference to: • A forecast of the amount, type and location of housing units and non-residential development anticipated in the Town; • The average capital service levels provided in the Town over the 10 year period immediately preceding the preparation of the background study; • A review of future capital projects, including an analysis of gross expenditures, funding sources, and net expenditures incurred or to be incurred by the Town or its local boards to provide for the expected development, including the determination of the development-related and non-development-related components of the capital projects; and • An examination of the long-term capital and operating costs for the capital infrastructure required for each service to which the development charges by-laws would relate. This study presents the results of the review which determines the development-related net capital costs which are attributable to development forecast to occur in the Town. These development-related net capital costs are then apportioned among various types of development (residential; non-residential) in a manner that reflects the increase in the need for each service attributable to each type of development. The study arrives, therefore, at proposed development charges for various types of development. The DCA provides for a period of public review and comment regarding the proposed development charges. Following completion of this process in accordance with the DCA and Council's review of this study and the comments it receives regarding this study or other information brought to its attention about the proposed charges, it is intended that Council will approve new development charges for the Town. HEMS ON 9 II A TOWN-WIDE UNIFORM CHARGE APPROACH TO ALIGN DEVELOPMENT-RELATED COSTS AND BENEFITS IS USED Several key steps are required when calculating any development charge. However, specific circumstances arise in each municipality which must be reflected in the calculations. In this study, therefore, we have tailored our approach to the Town of Tillsonburg's unique circumstances. The approach to the proposed development charges is focussed on providing a reasonable alignment of development~related costs with the development that necessitates them. This study uses a T own~wide approach for all municipal services. A. TOWN-WIDE DEVELOPMENT CHARGES ARE PROPOSED The Town provides a wide range of services to the community it serves and has an extensive inventory of facilities, land, infrastructure, vehicles and equipment. The DCA provides municipalities with flexibility to define services that will be included in the development charges by~ laws, provided that the other provisions of the DCA and 0. Reg. 82/98 are met. The DCA also requires that the by~laws designate the areas within which they shall be imposed. The development charges may apply to all lands in the Town or to other designated development areas as specified in the by~laws. 1. All Services Based on a Town-wide Approach For the majority of services the Town provides, a range of capital facilities, land, equipment and infrastructure is available throughout the Town: the community complex, fire station, collector roads, parks, etc. Town residents have access to all facilities. As new development occurs, new facilities will need to be added so that overall service levels in the Town do not decline. A widely accepted method for sharing the development~related capital costs for such services is to apportion them over all new development anticipated in the Town. The following services are included in the T own~wide development charges calculations: HEM SON \ 11 ... must not include an increase that would result in the level of service exceeding the average level of that service provided in the municipality over the 1 0-year period immediately preceding the preparation of the background study ... (s. 5. (1) 4.) Historical ten-year average service levels thus form the basis for development charges. A review of the Town's capital service levels for buildings, land, vehicles, etc. has therefore been prepared as a reference for the calculations so that the portion of future capital projects that may be included in the development charges can be determined. The historic service levels used in this study have been calculated based on the period 2004-2013. 3. Development-Related Capital Forecast and Analysis of Net Capital Costs to Be Included in Development Charges A development-related capital forecast has been prepared by the Town's departments as part of the current study. The forecast identifies development-related projects and their gross and net costs, after allowing for capital grants, subsidies or other contributions as required by the DCA ( s. 5. ( 2)). The capital forecast provides another cornerstone upon which development charges are based. The DCA requires that the increase in the need for service attributable to the anticipated development may include an increase: ... only if the council of the municipality has indicated that it intends to ensure that such an increase in need will be met. (s. 5. (1) 3.) In conjunction with DCA, s.5.(1)4. referenced above, these sections have the effect of requiring that the development charges be calculated on the lesser of the historical ten- year average service levels or the service levels embodied in future plans of the Town. The development-related capital forecast prepared for this study ensures that development charges are only imposed to help pay for projects that have been or are intended to be purchased or built in order to accommodate future anticipated development. It is not sufficient in the calculation of development charges merely to have had the service in the past. There must also be a demonstrated commitment to continue to provide facilities or infrastructure in the future. In this regard, 0. Reg. 82/98, s.3 states that: For the purposes of paragraph 3 of subsection 5 (1) of the Act, the council of a municipality has indicated that it intends to ensure that an increase in the need for service will be met if the increase in service forms part of an official plan, capital forecast or similar expression of the intention of the council and the plan, forecast or similar expression of the intention of the council has been approved by the council. For some projects in the development-related capital forecast, a portion of the project may confer benefits to existing residents. As required by the DCA, s.5.(1)6., these portions of projects and their associated net costs are the funding responsibility of the Town from non-development charges sources. The amount ofT own financing for such HEMS ON 13 Ill DEVELOPMENT FORECAST This section provides the basis for the development forecasts used in calculating the development charges and provides a summary of the forecast results. Details of the forecast are provided in Appendix A. The forecast of future residential and non~residential development used in this study is largely based on the Tillsonburg forecasts prepared as part of the Oxford County Population, Households and Employment Forecasts and Employment Lands Study, dated March 5, 2014. A ten~year development forecast, from 2014 to 2023, has been used for all the development charge eligible services in the Town, except for the Roads and Related and Stormwater services which are based on a horizon extending from 2014 to 2031. A. RESIDENTIAL FORECAST Development charges are levied on residential development as a charge per new unit. Therefore, for the residential forecast, a projection of both the population growth as well as the population in new housing units is required. • The population growth determines the need for additional facilities and provides the foundation for the development~related capital program. • When calculating the development charge, however, the development~related net capital costs are spread over the total additional population that occupy new housing units. This population in new units represents the population from which development charges will be collected. The Town is forecast to grow by 999 persons and 660 households over the period from 2014 to 2023 and by 1,804persons and 1,145 households from 2014 to 2031. The higher rate of household growth compared to population growth is predicated on a slight decline in occupancy levels in existing housing units. The population growth in new units is forecast at 1,440 over the ten year period and 2,491 over the period 2014 to 2031. HEM SON 15 TABLE 1 TOWN OF TILLSONBURG SUMMARY OF RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT FORECAST Existing_ 2014-2023 Development Forecast At 2013 Growth At 2023 Residential Total Occupied Dwellings 6,950 660 7,610 Total Population Census 15,491 999 16,490 Population In New Dwellings 1,440 Non-Residential Employment 9,466 820 10,286 Non-Residential Building Space (sq.m.) 58,660 2014-2031 Growth At 2031 1,145 8,095 1,804 17,295 1,257 1,257 10,723 92,336 Source: Watson and Associates, Oxford County Population, Households and Employment Forecasts and Employment Lands Study, March 5, 2014. HEMS ON 16 IV HISTORICAL CAPITAL SERVICE LEVELS The DCA and 0. Reg. 82/98 require that the development charges be set at a level no higher than the average service level provided in the Town over the ten-year period immediately preceding the preparation of the background study, on a service by service basis. For all Town services the legislative requirement is met by documenting historic service levels for the preceding ten years, in this case, for the period 2004 to 2013. Typically, service levels are measured as a ratio of inputs per households. 0. Reg. 82/98 requires that when defining and determining historical service levels both quantity and quality of service be taken into consideration. In most cases, the service levels are initially established in quantitative terms. For example, service levels for buildings are presented in terms of square feet per household. The qualitative aspect is introduced by the consideration of the monetary value of the facility or service. In the case of buildings, for example, the cost would be shown in terms of $/square foot to replace or construct a facility of the same quality. This approach helps to ensure that the development-related capital facilities that are to be charged to new development reflect not only the quantity (number and size) but also the quality {value or cost) of service provided historically by the Town. Both the quantitative and qualitative aspects of service levels used in the current analysis are based on information provided by staff of the Town and boards based on historical records and the Town's and surrounding municipalities' experience with costs to acquire or construct similar facilities, equipment and infrastructure. Table 2 summarizes service levels for all services included in the development charges calculation. Appendix B provides detailed historical inventory data upon which the calculation of service levels is based. HEMS ON \ ) 18 V THE DEVELOPMENT -RELATED CAPITAL FORECAST The DCA requires the Council of a municipality to express its intent to provide future capital facilities at the level incorporated in the development charges calculation. As noted above in Section II, 0. Reg. 82/98, s. 3 states that: For the purposes of paragraph 3 of subsection 5 (1) of the Act, the council of a municipality has indicated that it intends to ensure that an increase in the need for service will be met if the increase in service forms part of an official plan, capital forecast or similar expression of the intention of the council and the plan, forecast or similar expression of the intention of the council has been approved by the council. A. A DEVELOPMENT-RELATED CAPITAL FORECAST IS PROVIDED FOR COUNCIL'S APPROVAL Based on the development forecasts summarized in Section III and detailed in Appendix A, staff of the Town departments, in collaboration with the consultant, have developed a development,related capital forecast setting out those projects that are required to service anticipated development. For all services the capital plan covers the ten,year period 2014 to 2023. One of the recommendations contained in this background study is for Council to adopt the development,related capital forecast developed for the purposes of the development charges calculation. It is assumed that future capital budgets and forecasts will continue to bring forward the development,related projects contained herein that are consistent with the development occurring in the Town. It is acknowledged that changes to the forecast presented here may occur through the Town's normal capital budget process. B. THE DEVELOPMENT-RELATED CAPITAL FORECAST A summary of the development,related capital forecast for the lO,year general services is shown on Table 3. The development,related capital forecast is estimated at a total gross cost of$6.4 million. No grants or subsidies have been identified. Therefore the net capital program remains $6.4 million. HEMS ON ) 20 The development~related capital forecast for the engineering services ofStormwater and Roads and Related are set out in Table 4. The development~related capital forecast for these services is estimated at a total gross cost of $3.6 million. Grants in the amount of $10,000 have been identified for the Roads and Related program. Therefore the net capital program is slightly less than $3.6 million. This capital forecasts in Tables 3 and 4 incorporate those projects identified to be related to development anticipated in the 2014 to 2023 and 2014 to 2031 planning periods. It is not implied that all of these costs are to be recovered from new development by way of development charges (see the following Section VI for the method and determination of net capital costs attributable to development). Portions of this capital forecast may relate to replacement of existing capital facilities (e.g. replacement of an existing fire station with a newer, larger facility), for shares of projects that provide benefit to the existing community, or for development anticipated to occur beyond the planning periods. In addition, the amounts shown in Table 3 have not been reduced by 10% for various general or "soft" services as mandated by s.5(1)8. of the DCA. Of the $6.4 million in development~related net capital costs for the general services, $3.0 million, or 4 7%, is for Fire Protection works; $2.0 million, or 32% is for Public Works and Fleet projects; $990,000, or 16%, is for Parks and Recreation; $250,000, or 4%, is for Parking; and $93,500, or 2%, is for General Government. The vast majority of the$3.6 million in development~related net capital costs for the engineering services, $3.5 million or 96%, is related to the Roads and Related service. Further details on the capital plans for each individual service are provided in Appendix B. HEMS ON ) 22 VI PROPOSED DEVELOPMENT CHARGES ARE CALCULATED IN ACCORDANCE WITH THE DCA This section summarizes the calculation of development charges for each service category and the resulting total development charge by type of development. For all services, the calculation of the "unadjusted" 1 per capita (residential) and per square metre (non,residential) charges is reviewed. Adjustments to these amounts resulting from a cash flow analysis that takes interest earnings and borrowing costs into account are also discussed. For residential development, the adjusted total per capita amount is then converted to a variable charge by housing unit type using various unit occupancy factors. For non,residential development, only one development charge rate is currently proposed. The proposed non,residential charge is based on gross floor area (GFA) of building space. It is noted that the calculation of the development charges does not include any provision for exemptions required under the DCA, for example, the exemption for enlargements of up to 50% on existing industrial buildings. Such legislated exemptions, or other exemptions which Council may choose to provide, will result in loss of development charges revenue for the affected types of development. Any such revenue loss may not be made up, however, by offsetting increases in other portions of the calculated charge. A. DEVELOPMENT CHARGES CALCULATION Details of the calculation for each Town service are available in Appendix B. A summary of the "unadjusted" residential and non,residential development charges is presented in Table 5. 1 The term "unadjusted" development charge is used to distinguish the charge that is calculated prior to the cash flow analysis. HEMS ON ) 24 1. Unadjusted Development Charge Calculation The capital forecast for each service incorporates those projects identified to be related to development anticipated in the 2014 to 2023 or 2014 to 2031 planning periods. However, not all of the capital costs are to be recovered from new development by way of development charges. Table 5 shows that $3.2 million of the capital forecast relates to replacement of existing capital facilities or for shares of projects that provide benefit to the existing community. Another share of the forecast, $1.5 million, is either attributable to development beyond the 2023 period (and can therefore only be recovered under future development charge studies) or represents a service level increase in the Town. In addition, the capital costs shown on Table 4 are reduced by the legislated ten per cent discount, or $82,900, for various "soft" services as mandated by s. 5 ( 1) 8. of the DCA. Finally, $63 7,400 represents that portion of the capital program that can be funded from existing development charge reserve funds. The total net development-related capital costs eligible for recovery for all services results in unadjusted development charges for these services of $1,522.71 per capita for residential development and $18.89 per square metre of new gross floor area (GFA) for non-residential development. These unadjusted development charges are displayed at the base of Table 5. 2. Adjusted Rates for Residential and Non-Residential Development Charges Final adjustments to the "unadjusted" development charges rates summarized above are made through a cash flow analysis. The analysis, details of which are included in Appendix B, considers the borrowing cost and interest earnings associated with the timing of expenditures and development charges receipts for each service. B. PROPOSED RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT CHARGES Residential development charges are proposed to vary by dwelling unit type to reflect their different occupancy factors and resulting demand for services. The proposed residential and non-residential development charges for all services are shown in Tables 6 and 7 respectively. As shown in Table 6, the proposed residential charge ranges from $1,887 per unit for bachelor or 1 bedroom apartments, to $3,672 per unit for single and semi-detached units. The calculated non-residential development charge for all services is $18.79 per square metre of gross floor area, as shown in Table 7. HEMS ON TABLE 7 TOWN OF TILLSONBURG TOWN-WIDE DEVELOPMENT CHARGES NON-RESIDENTIAL DEVELOPMENT CHARGES PER SQUARE METRE Non-Residential Charge Service Unadjusted Charge Per Adjusted Charge Square Metre Per Square Metre General Government $0.21 $0.21 Fire Protection $2.50 $2.68 Parks And Recreation $0.00 $0.00 Public Works And Fleet $4.02 $4.34 Parking $1.39 $1.40 Subtotal General Services $8.12 $8.63 Roads And Related $10.39 $9.69 Stormwater $0.38 $0.47 Subtotal Engineering Services $10.77 $10.16 TOTAL CHARGE PER SQUARE METRE $18.89 $18.79 HEMS ON ---~./ Percentage of Charge 1.1% 14.3% 0.0% 23.1% 7.5% 45.9% 51.6% 2.5% 54.1% 100.0% Service General Government Fire Protection Parks And Recreation Public Works And Fleet Parking Subtotal General Services Roads And Related Stormwater Subtotal Engineering Services TABLE 8 TOWN OF TILLSONBURG COMPARISON OF CURRENT AND CALCULATED RESIDENTIAL DEVELOPMENT CHARGES Current Calculated Residential Residential Charge I SOU Charge I SOU $16 $34 $237 $444 $1,193 $347 $569 $721 $206 $233 $2,221 $1,779 $3,271 $1,812 $9 $81 $3,280 $1,893 TOTAL CHARGE PER UNIT $5,501 $3,672 HEMS ON Difference in Charge $18 113% $207 87% ($846) -71% $152 27% $27 13% ($442) -20% ($1 ,459) -45% $72 800% ($1 ,387) -42% ($1,829) -33% ) 29 VII LONG-TERM CAPITAL AND OPERA Tl NG COSTS This section provides an examination of the long~term capital and operating costs for the capital facilities and infrastructure to be included in the development charges by~ law. This examination is required as one of the features of the DCA A. NET OPERATING COSTS FOR TOWN SERVICES TO INCREASE OVER FORECAST PERIOD Table 9 summarizes the estimated increase in net operating costs that the Town will experience for additions associated with the planned capital program. The estimated changes in net operating costs are based on general estimates used for municipalities with similar populations. Additional details are included in Appendix D. As shown in Table 9, by 2023 the Town's net operating costs are estimated to increase by about $246,300. The most significant portion of this increase relates to the road and related infrastructure expansions. B. LONG-TERM CAPITAL FINANCING FROM NON-DEVELOPMENT CHARGES SOURCES TOTALS $3.1 MILLION Table 9 also summarizes the components of the development~related capital forecast that will require funding from non~development charge sources as discussed above in Section VI. Of the $8.7 million 2014 to 2023 net capital forecast (property tax supported services), about $3.1 million will need to be financed from non~development charges sources. This includes about $82,900 in respect of the mandatory 10% discount required by the DCA for "soft" services and about $3.0 million for shares of projects related to capital replacement and for non~growth shares of projects that provide benefit to the existing community. Council is made aware of these factors so that they understand the financial implications of the quantum and timing of the projects included in the development~related capital forecast as set out in this study. HEM SON 31 VIII LOCAL SERVICE GUIDELINES The following guidelines set out in general terms the size and scope of infrastructure to be included in the Town ofTillsonburg's Development Charges Background Study as well as infrastructure that is deemed to be a "local service", that is to be installed or paid for by the landowner as a condition of approval under sections 51 or 53 of the Planning Act. It is noted that the guidelines are: • general principles by which Town staff will be guided in considering development applications. However, each application will be considered on its own merits having regard to, among other factors including these guidelines: the nature, type and location of existing and proposed development; the location and type of services required for existing and proposed development; and the requirements of subsection 59(2) of the DCA. • subject to review and amendment by the Town which may be independent of an amendment or update to the Town's development charge by~law. A. LOCAL SERVICE DEFINITIONS The following provides the definition of "local service" under the DCA for a number of services provided by the County of Oxford and its area municipalities. The purpose of establishing these definitions is to determine the eligible capital costs for inclusion in the development charges {DC) calculation for the County and its area municipalities. The functions or services deemed to be local in nature are not to be included in the determination of the development charges rates. The provision of local services is considered to be a direct developer responsibility under s.59 of the DCA and will (or may) be recovered under other agreement(s) with the landowner or developer. The issue of "local services" is being specifically considered for the services of: • Roads and Related Services • Water Services • Wastewater Services • Stormwater Services • Parkland Development HEMS ON 33 • Sidewalks • Sidewalks internal to a development or site are a direct developer responsibility through local service provisions (s.59 of the DCA). • Sidewalks external to a development but required and related to the subject lands are a direct developer responsibility through local service provisions (s.59 of the DCA). • New sidewalks in other areas related to development are included in the DC calculation to the extent permitted under s.S ( 1) of the DCA • Bike or Transit Lanes • Bike or transit lanes, where requested, internal to a development or site are a direct developer responsibility through local service provisions (s.59 of the DCA). • Bike or transit lanes external to a development but required and related to the subject lands are a direct developer responsibility through local service provisions (s.59 of the DCA). • New bike or transit lanes in other areas related to development are included in the DC calculation to the extent permitted under s.S(l) of the DCA • Noise Abatement Measures • Noise abatement measures internal to a development are a direct developer responsibility through local service provisions (s.59 of the DCA). • Noise abatement measures external to a development but required and related to, or mitigate impacts from, the development of the subject lands, are a direct developer responsibility through local service provisions (s.59 of the DCA). • Street Tree Planting • Street tree planting, as required in the Engineering Standards, is considered a local area service and a direct responsibility of the developer. • Land Acquisition for Road Allowances • Land acquisition for planned road allowances within development lands is a dedication under the Planning Act provisions. HEMS ON 35 and valves will be included in the calculation. Any costs related to the depth of pipe are the responsibility of the developer. • Water mains 250mm and under are deemed to be a local service and are a direct funding responsibility of the developer. • Connections to trunk mains and pumping stations to service specific areas are to be a direct developer responsibility. Watermains will generally be required to be carried to a property line or external to the subdivision to connect to an existing watermain as a local service as a direct funding responsibility of the developer. • Trunk watermains, generally outside the development area, identified by a Class Environmental Assessment, Servicing Study or by County staff will be included in the development charge calculation. 3. Wastewater Services The definition of a "local service" with respect to wastewater services is as follows: • All sanitary sewage treatment facilities are to be included in the development charge calculation, unless specified otherwise in the Development Charges study. • Major sanitary trunk sewers, external to the development, and major pumping stations serving more than one development are to be included in the development charge calculation. These services will be identified through a Class Environmental assessment, Servicing Study or by County staff. • Sewer collectors 250mm and under are deemed to be a local service and are a direct funding responsibility of the developer. Sanitary sewers larger than 250mm that also service upstream properties will have cost sharing calculated on the tendered unit prices and shall be the difference between the cost of the actual pipe diameter and the cost of a 250mm pipe including a 10% engineering fee. All other appurtenances with respect to oversizing and any costs related to the depth of pipe are the responsibility of the developer. • Connections to collectors and pumping stations to service specific areas are to be a direct developer responsibility. The cost of continuing the last run of a sewer ups team past the last manhole to property line is the responsibility of the developer as a local service. • Local pumping stations serving a small localized area (which may include more than one development property) are local services to be paid by the developer or developers on a flow area or proportional basis. Local pumping stations will not be included in the list of projects in the DC background study and therefore not eligible for development charge funding or credits. HEMS ON 37 APPENDIX A DEVELOPMENT FORECAST HEMS ON \ 38 APPENDIX A DEVELOPMENT FORECAST This appendix provides the details of the development forecast that was used to prepare development charges for the Town of Tillsonburg. The forecast method and the key assumptions are discussed and the results are provided in a series of tables. The forecasts of population, households and employment are based on the Tillsonburg forecasts in the Oxford County Population, Households and Employment Forecasts and Employment Lands Study dated March 5, 2014 (Oxford County Forecasts). The report was prepared by Watson & Associates Economists Ltd. A. FORECAST METHOD & DATA SOURCES The Development Charges Act (DCA) requires the Town to estimate "the anticipated amount, type and location of development" for which development charges may be imposed. The development forecast must cover both residential and non~residential development and be specific enough with regards to quantum, type, location and timing of development to allow the Town to prepare a reasonable development~related capital program. A ten~ year development forecast, from 2014 to 2023, has been used for all the development charge eligible services in the Town, except for the Roads and Related and Storm water services which are based on a horizon extending from 2014 to 2031. The definition of population used for the purposes of the development charges study incorporates population recorded in the Census ("Census population"). This definition does not include the Census net under~coverage (about 2.4% of the Census population), which represents those who were missed by the Census. Employment figures used in the study represent Statistics Canada place of work data. Place of work data record where people work rather than their place of residence. Following the County growth forecast work, employment is categorized as primary, commercial/population~related, work at home, institutional, industrial, and other. However, employment figures have been adjusted to incorporate employees with no fixed address which, and for the purposes of the development charge calculations, is considered to require building floorspace for its activities. HEMS ON 40 The housing unit forecast is also shown in Table A. 7. Population growth in new units is estimated by applying the following persons per unit {ppu) to the housing unit forecast: 2.34 for single and semi~detached units; 2.20 for rows and other multiples; and 1.30 for apartments. The ppu estimates are estimated based upon the occupancy patterns of similar unit types constructed in the Town in recent years (see Table A.4) and are consistent with those used in the previous Development Charges Background Study (March, 2009). The population growth in new units is forecast at 1,440 over the ten year period and 2,491 over the period 2014 to 2031. Employment forecasts used in the development charges study are also based on the Oxford County Forecasts. Employment figures in the Oxford County Forecast account for employment by place of work. For development charge purposes, the forecasts have been adjusted to incorporate employees with no fixed address. Employment in the Town is expected to increase by 9% over the ten~year period rising from 9,466 in 2013 to 10,286 in 2023. This represents a net increase of 820 jobs (see Tables A.S and A.6). The development charges calculation for non~residential development is based on floor space. Approximately 58,660 square metres of floor space are forecast to be added in the 2014~2023 planning period and 92,336 in the period from 2014 to 2031. Table A.9 provides a breakdown of the non~residential floor space forecast by type. C. FORECAST TABLES The forecast results are presented in nine tables: • Table A.1: Provides the historical population, household, and employment forecasts annually from 2001 to 2013; • Tables A.2 and A.3: Summarizes 2007~2013 historical housing completion and building permit data by unit type; • Table A.4: Sets out the historical population and households by period of construction based on a special Census data tabulation by Statistics Canada; • Tables A.S and A.6: Provide the forecast of population, households and housing units, and employment from 2011 to 2031; • Tables A. 7 and A.8: Provide the housing unit forecast by unit type: singles/semis, rows/other multiples, and apartments as well as the potential population in new housing units from 2011 to 2031; HEMS ON _, TOWN OF TILLSONBURG 2014 DEVELOPMENT CHARGES STUDY TABLEA.1 Historical Population, Dwellings & Employment Census Total Occupied Growth Forecast N F' d Add Employment Mid-Year Population Growth Dwellings Growth HH Size Employment o-IXe ress Used for DC Growth Activity Rate Numbers Employment Calculations 2001 14,052 5,945 2.36 8,920 400 9,320 66.3% 2002 14,203 151 6,028 83 2.36 9,001 422 9,423 103 66.3% 2003 14,355 152 6,113 85 2.35 9,082 446 9,528 105 66.4% 2004 14,509 154 6,199 86 2.34 9,164 471 9,635 107 66.4% 2005 14,665 156 6,286 87 2.33 9,247 497 9,744 109 66.4% 2006 14,822 157 6,374 88 2.33 9,330 525 9,855 111 66.5% 2007 14,917 95 6,460 86 2.31 9,208 536 9,744 -111 65.3% 2008 15,012 95 6,547 87 2.29 9,087 548 9,635 -109 64.2% 2009 15,108 96 6,635 88 2.28 8,968 560 9,528 -107 63.1% 2010 15,204 96 6,724 89 2.26 8,851 572 9,423 -105 62.0% 2011 15,301 97 6,814 90 2.25 8,735 585 9,320 -103 60.9% 2012 15,396 95 6,882 68 2.24 8,803 590 9,393 73 61.0% 2013 15,491 95 6,950 68 2.23 8,871 595 9,466 73 61.1% Source: Watson & Associates Economists Ltd, 2013 Note: Activity Rate represents the ratio between total employment and Census population. Note: Census Population does not include Census net undercoverage of roughly 2.4%. HEMS ON '-' "-'----~' TOWN OF TILLSONBURG 2014 DEVELOPMENT CHARGES STUDY TABLEA.4 Historic Households by Period of Construction Showing Household Size Period of Construction Pre 1945 1946-1960 1961-1970 1971-1980 1981-1985 1986-1990 1991-1995 1996-2000 2001-2005 2006-2011 Pre 2001 2001-2011 Total Singles & Semis Household Populat 1,790 1,915 1,165 1,665 535 960 1,000 1,285 880 615 10,315 1,495 11,810 Households 680 795 485 695 205 425 375 515 380 260 4,175 640 4,815 Household Size 2.63 2.41 2.40 2.40 2.61 2.26 2.67 2.50 2.32 2.37 2.47 2.34 2.45 Rows Household Populat 0 0 50 130 235 110 0 100 90 0 625 90 715 Households 0 0 30 70 115 40 0 65 50 0 320 50 370 Household Size 0.00 0.00 1.67 1.86 2.04 2.75 0.00 1.54 1.80 0.00 1.95 1.80 1.93 Apartments Household Populat 320 280 455 475 195 95 0 0 0 100 1,820 100 1,920 Households 185 240 295 265 145 70 0 0 0 95 1,200 95 1,295 Household Size 1.73 1.17 1.54 1.79 1.34 1.36 0.00 0.00 0.00 1.05 1.52 1.05 1.48 AI/ Units Household Populat 2,110 2,195 1.670 2,270 965 1,165 1,000 1,385 970 715 12,760 1,685 14,445 Households 865 1,035 810 1,030 465 535 375 580 430 355 5,695 785 6,480 Household Size 2.44 2.12 2.06 2.20 2.08 2.18 2.67 2.39 2.26 2.01 2.24 2.15 2.23 Source: Statistics Canada, 2011 Census Special Run HEMS ON .._., TOWN OF TILLSONBURG 2014 DEVELOPMENT CHARGES STUDY TABLE A.7 TABLEA.8 Growth in Households by Unit Type Forecast Population in New Households by Unit Type* Singles & Rows&Other Apartments Total NewHH Singles & Rows &Other Total Population Mid-Year Semis Multiples Mid-Year Semis Multiples Apartments In NewHH 2014 49 7 12 68 2014 114 15 16 145 2015 49 7 12 68 2015 114 15 16 145 2016 50 7 12 69 2016 117 15 16 148 2017 52 8 7 67 2017 121 18 9 148 2018 52 8 7 67 2018 121 18 9 148 2019 53 8 7 68 2019 124 18 9 151 2020 54 8 7 69 2020 126 18 9 153 2021 54 8 7 69 2021 126 18 9 153 2022 43 6 8 57 2022 100 13 10 123 2023 44 6 8 58 2023 103 13 10 126 2024 44 6 8 58 2024 103 13 10 126 2025 44 6 8 58 2025 103 13 10 126 2026 45 6 8 59 2026 105 13 10 128 2027 45 7 9 61 2027 105 15 12 132 2028 46 7 9 62 2028 107 15 12 134 2029 46 7 9 62 2029 107 15 12 134 2030 46 7 9 62 2030 107 15 12 134 2031 47 7 9 63 2031 110 15 12 137 2014-2023 500 73 87 660 2014-2023 1,166 161 113 1,440 2014-2031 863 126 156 1,145 2014-2031 2,013 275 203 2,491 Source: Watson & Associates Economists Ltd., 2013 *Based on PPUs 2.34 2.20 1.30 Source: Watson & Associates Economists Ltd., 2013 HEMS ON 48 APPENDIX B DEVELOPMENT CHARGE CALCULA T/ONS TECHNICAL APPENDIX HEMS ON 49 APPENDIX B DEVELOPMENT CHARGE CALCULATIONS TECHNICAL APPENDIX INTRODUCTION AND OVERVIEW This appendix provides the detailed analysis undertaken to establish the development charge rates for each of the general services in the Town of Tillsonburg. The appendix is divided into eight sub,sections, with one section for each of the general services: B.l Fire Protection B.2 Parks and Recreation B.3 Public Works and Fleet B.4 Parking B.5 General Government B.6 Storm water B.7 Roads and Related Every sub,section, with the exception of General Government and Stormwater contains a set of three tables. The tables provide the background data and analysis undertaken to arrive at the calculated development charge rates for that particular service. An overview of the content and purpose of each of the tables is given below. The benefits of all the services listed above are deemed to be T own,wide for the purpose of calculating a development charge. TABLE 1 HISTORICAL SERVICE LEVELS Table 1 presents the data used to determine the ten year historical service level. The Development Charges Act (DCA) and Ontario Regulation 82/98 require that development charges be set at a level no higher than the average service level provided in the Town over the ten year period immediately preceding the preparation of the background study, on a service by service basis. For the purpose of this study, the historical inventory period has been defined as 2004 to 2013. HEM SON 51 Appendix A, a developmenHelated capital program which sets out the projects required to service anticipated development for the periods from 2014 to 2023 and 2014 to 2031 has been developed. The development-related capital program for each service is shown as Table 2 of each sub-section. The gross costs of projects shown in the capital programs are based on costs shown in Town's 10-year capital forecast and other financial documents. To determine the share of the program that is eligible for recovery through development charges, the gross project costs are reduced by any anticipated grants or subsidies, "benefit to existing" shares, and the mandatory 10% reduction for all services except Fire Protection, Public W arks and Fleet, Roads and Related, and Stormwater. A benefit to existing share represents that portion of a capital project that will benefit the existing community. It could, for example, represent a portion of a new facility that, at least in part, replaces a facility that is demolished, redeployed or will otherwise not be available to serve its former function (a "replacement" share). The benefit to existing share of the capital program is not deemed to be development-related and is therefore removed from the development charge calculation. The capital cost for benefit to existing shares will require funding from non-development charge sources, typically property taxes or user fees. When calculating development charges, the development-related net capital cost must be reduced by 10% for all services except protection services and engineered services (DCA s.5.(1)8.). The 10% discount is therefore applied to all general services considered in this appendix with the exception of the Fire Protection, Public Works and Fleet, Roads and Related, and Stormwater services. As with benefit to existing shares, the 10% mandatory reduction must be funded from non-development charge sources. The capital program less any benefit to existing shares and the 10% reduction, yields the development-related costs. Although deemed development-related, not all of the net development-related capital program may be recoverable from development charges. In some cases development charge monies already collected are available to fund a portion of development-related capital costs (the "prior growth" share). Additionally, for the ten-year general services, a portion of the capital program may service development that will not occur until after 2023. This portion of the capital HEM SON 53 TABLE 3 CASH FLOW ANALYSIS A cash flow analysis is also undertaken to account for the timing of projects and receipt of development charges. Interest earnings or borrowing costs are, therefore, accounted for in the calculation as allowed under the DCA Based on the development forecast, the analysis calculates the development charges rate that is required to finance the net development-related capital spending plan including provisions for any borrowing costs or interest earnings on the reserve funds. The cash flow analysis is designed so that the closing cash balance at the end of the planning period is as close to nil as possible. In order to determine appropriate development charges rates reflecting borrowing and earnings necessary to support the net development-related funding requirement, assumptions are used for the inflation rate and interest rate. An inflation rate of 2.0% is used for the funding requirements, and interest rates of 5.5% (negative balance) and 3.5% (positive balance) are used for borrowing/earnings on the funds. This yields effective real discount rates of 3.5% and 1.5% respectively. Table 3 displays the results of the cash flow analysis and provides the adjusted or final per capita residential and per square foot (of GFA) non-residential development charges. HEMS ON 54 APPENDIX 8.1 FIRE PROTECTION HEMS ON \ 55 APPENDIX B.1 FIRE PROTECTION The Tillsonburg Fire Department currently operates one fire station for the provision of fire services to the Town. TABLE 1 2004-2013 HISTORICAL SERVICE LEVELS The Fire ten year historical inventory of capital assets includes one fire station (page 1). The area of the station is 5,000 sq.ft. and the building is valued at $1.3 million. The land area associated with the building is 0.4 7 hectares and is valued at $93,000. Fire vehicles add $2.5 million to the value of the inventory. Finally, personal fire fighter equipment, office furniture and equipment, and specialized equipment add another $635,100 to the value of the inventory. The current replacement value of the Fire capital infrastructure is $4.5 million. It has provided the Town with a ten year average service level of $612.39 per household (page 2). This service level, when multiplied by the ten year growth in households, results in a ten year maximum allowable funding envelope of $404,177 that can be considered for recovery through development charges. No uncommitted excess capacity has been identified. The full $404,177, being exempt from the mandatory 10% capital cost reduction, can therefore be considered for recovery through development charges. TABLE 2 2014 -2023 DEVELOPMENT-RELATED CAPITAL PROGRAM & CALCULATION OF UNADJUSTED DEVELOPMENT CHARGE The total capital forecast for Fire amounts to $3.0 million, and includes $800,000 in station renovation and expansion, $1.9 million in new vehicle recoveries and acquisitions, and $315,000 in equipment. No grants or subsidies have been identified to offset the gross cost of the program. A substantial portion of the program, $2.1 million, is considered to benefit existing residents of the Town. This includes that portion ($400,000 or 50%) of the station HEMS ON TOWN OF TILLSONBURG INVENTORY OF CAPITAL ASSETS FIRE PROTECTION BUILDINGS Branch Name 2004 2005 Tillsonburg Fire Station -Concession Street 5,000 5,000 Total (sq.ft.) 5,000 5,000 Total $000 $1 250.0 $1 250.0 LAND Branch Name 2004 2005 TillsonburQ Fire Station -Concession Street 0.47 0.47 Total (ha) 0.47 0.47 Total $0001 $93.0 $93.0 VEHICLES Tvoe of Collection 2004 2005 Pumper 1 1 Pumoer/Tanker 1 1 Pumoer!Tanker Rescue Truck 1 1 Aerial Devices 1 1 Crown Victoria (#38) 1 1 Crown Victoria (#37) 1 1 Command 1 (#371 Car 1 (#381 Total 1#1 6 6 Total ($0001 $2120.0 $2 120.0 FURNITURE AND EQUIPMENT Branch Name 2004 2005 Disoatch Centre $214,000 $214,000 Hoses and Acoliances i.e. nozzles; valves) $12,500 $12,500 Paaers and Radios $5,000 $5,000 SCBA Units (17\ SCBA C Iinder Fill Station Fire Station Furniture $35,000 $35,000 Equipment for Firefighters 1 -Full Time 2 2 -Volunteers 28 28 Total 1$0001 $356.5 $356.5 1. Includes bunker gear, uniforms, helmets, etc. 2006 5,000 5,000 $1 250.0 2006 0.47 0.47 $93.0 2006 1 1 1 1 1 1 6 $2140.0 2006 $214,000 $12,500 $5,000 $22,000 $35,000 2 28 $378.5 "'--"'. APPENDIX 8.1 TABLE 1 -PAGE 1 # of Square Feet 2007 2008 2009 5,000 5,000 5,000 5,000 5,000 5,000 $1 250.0 $1 250.0 $1 250.0 # of Hectares 2007 2008 2009 0.47 0.47 0.47 0.47 0.47 0.47 $93.0 $93.0 $93.0 # of Vehicles 2007 2008 2009 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6 6 6 $2140.0 $2 140.0 $2140.0 Total Value of Furniture and Equipment($) 2007 2008 2009 $300,600 $300,600 $300,600 $22,500 $22,500 $38,000 $5,000 $5,000 $10,000 $22,000 $22,000 $22,000 $35,000 $35,000 $35,000 2 2 2 28 28 28 $475.1 $475.1 $495.6 HEMS ON UNIT COST 2010 2011 2012 2013 ($/sq.ft.) 5,000 5,000 5,000 5,000 $250 5,000 5,000 5,000 5,000 $1 250.0 $1 250.0 $1 250.0 $1 250.0 UNIT COST 2010 2011 2012 2013 ($/ha) 0.47 0.47 0.47 0.47 $200,000 0.47 0.47 0.47 0.47 $93.0 $93.0 $93.0 $93.0 UNIT COST 2010 2011 2012 2013 ($frtem) 1 1 $390,000 1 1 1 1 $450,000 1 1 $720,000 1 1 1 1 $210,000 1 1 1 1 $1,000,000 1 $35,000 $35,000 1 1 1 1 $55,000 1 1 1 $45,000 6 6 6 6 $2140.0 $2150.0 $2 480.0 $2 480.0 UNIT COST 2010 2011 2012 2013 $/item $300,600 $300,600 $300,600 $300,600 $53,500 $69,000 $84,500 $100,000 $18,000 $22,000 $25,500 $41,500 $22,000 $22,000 $22,000 $22,000 $40,000 $40,000 $40,000 $35,000 $35,000 $35,000 $35,000 2 2 2 2 $3,000 28 28 30 30 $3,000 $519.1 $578.6 $603.6 $635.1 Project Description 1.0 FIRE PROTECTION 1.1 Buildings, Land & Furnishings 1.1.1 Current Station Renovation and Expansion Subtotal Buildings, Land & Furnishings 1.2 Vehicles 1.2.1 Recovery of Upgrade for Pumper #1 1.2.2 Aerial Truck Replacement and Upgrade Subtotal Vehicles 1.3 Equipment and Other 1.3.1 Addttional Firefighter Equipment 1.3.2 New lee and Water Rescue Service Equipment 1.3.3 New Medical Equipment 1.3.4 Inflatable Boat 1.3.5 EM Mobile System 1.3.6 New SCBA Units and Personal Face Masks Subtotal Equipment and Other TOTAL FIRE PROTECTION Residential Development Charge calculation Residential Share of 2014-2023 DC Eligible Costs 10-Year Growth in Population in New Units Unadjusted Development Charge Per Captta Non-Residential Development Charge Calculation Non-Residential Share of 2014-2023 DC Eligible Costs 1 0-Year Growth in Square Metres Unadjusted Development Charge Per Sauare Metre Timing 2017 $ $ Various $ 2018 $ $ Various $ 2014 $ 2015 $ 2015 $ 2016 $ 2017 $ $ $ 64% 36% '"'-"' APPENDIX 8.1 TABLE2 TOWN OF TILLSONBURG DEVELOPMENT-RELATED CAPITAL PROGRAM FIRE PROTECTION Gross Grants/ Net lnellqlble Costs Project Subsidies/Othe Municipal Replacement 0% Cost Recoveries Cost & BTE Shares Reduction 800,000 $ -$ 800,000 $ 400,000 $ - 800,000 $ -$ 800,000 $ 400,000 $ - 720,000 $ -$ 720,000 $ 517,943 $ - 1,200,000 $ -$ 1,200,000 $ 1,000,000 $ - 1,920,000 $ -$ 1,920,000 $ 1,517,943 $ - 18,900 $ -$ 18,900 $ -$ - 18,200 $ -$ 18,200 $ -$ - 8,000 $ -$ 8,000 $ $ - 5,000 $ -$ 5,000 $ -$ - 17,000 $ -$ 17,000 $ 8,500 $ - 247,500 $ -$ 247,500 $ 185,100 $ - 314,600 $ -$ 314,600 $ 193,600 $ - 3,034,600 $ -$ 3,034,600 $ 2,111,543 $ - $257,529 1.440 I $178.84 $146,648 58,660 $2.50 HEMS ON Total DC Eligible Costs DC Eligible Available 2014-Post Costs DC Reserves 2023 2023 $ 400,000 $ 86,273 $ 313,727 $ - $ 400,000 $ 86,273 $ 313,727 $ - $ 202,057 $ -$ -$ 202,057 $ 200,000 $ -$ 31,850 $ 168,150 $ 402,057 $ -$ 31,850 $ 370,207 $ 18,900 $ -$ 18,900 $ - $ 18,200 $ -$ 18,200 $ - $ 8,000 $ $ 8,000 $ - $ 5,000 $ $ 5,000 $ - $ 8,500 $ -$ 8,500 $ - $ 62,400 $ -$ -$ 62,400 $ 121,000 $ -$ 58,600 $ 62,400 $ 923,057 $ 86,273 $ 404,177 $ 432,607 12014-2023 Net Funding Envelope $404,177 Uncommitted Reserve Fund Balance Balance as at December 31, 2013 $86,273 APPENDIX 8.1 TABLE 3-PAGE 2 TOWN OF TILLSONBURG CASH FLOW AND DETERMINATION OF DEVELOPMENT CHARGE FIRE PROTECTION NON-RESIDENTIAL DEVELOPMENT CHARGE (in $000) FIRE PROTECTION 2014 2015 2016 2017 2018 2019 OPENING CASH BALANCE $0.00 $6.12 $14.56 $25.53 ($79.33) ($77.85) 2014-2023 NON-RESIDENTIAL FUNDING REQUIREMENTS -Fire Protection: Non Inflated $7.3 $5.4 $3.8 $114.5 $12.2 $0.7 -Fire Protection: Inflated $7.3 $5.5 $3.9 $121.5 $13.3 $0.8 NEW NON-RESIDENTIAL DEVELOPMENT -Growth in Square Metres 4,970 4,970 5,088 6,532 6,550 6,550 REVENUE -DC Receipts: Inflated $13.3 $13.6 $14.2 $18.6 $19.0 $19.4 INTEREST -Interest on Opening Balance $0.0 $0.2 $0.5 $0.9 ($4.4) ($4.3) -Interest on In-year Transactions $0.1 $0.1 $0.2 ($2.8) $0.1 $0.3 TOTAL REVENUE $13.4 $14.0 $14.9 $16.7 $14.7 $15.4 CLOSING CASH BALANCE $6.1 $14.6 $25.5 ($79.3) ($77.8) ($63.2) 2014 Adjusted Charge Per Square Metre $2.68 REMSON 2020 ($63.16) $0.7 $0.8 6,660 $20.1 ($3.5) $0.3 $17.0 ($47.0) 2021 2022 ($46.97) ($29.29) $0.7 $0.7 $0.8 $0.8 6,740 5,340 $20.7 $16.8 ($2.6) ($1.6) $0.3 $0.3 $18.5 $15.5 ($29.3) ($14.6) Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate 2023 ($14.63) $0.7 $0.8 5,260 $16.8 ($0.8) $0.3 $16.3 $0.8 Interest Rate on Positive Balances Interest Rate on Negative Balances '--'--/ TOTAL $146.6 $155.4 58,660 $172.5 ($15.5) ($0.7) $156.3 63.7% 36.3% 2.0% 3.5% 5.5% 62 APPENDIX 8.2 PARKS AND RECREATION HEM SON 63 APPENDIX 8.2 PARKS AND RECREATION The Town of Tillson burg has an extensive inventory of recreation facilities, including a Community Complex and numerous sports fields, and parkland. TABLE 1 2004-2013 HISTORICAL SERVICE LEVELS The combined area of the current Community Complex is 136,000 sq.ft. and the building, including all the furniture and equipment it contains, is valued at $4 7.6 million. The land area associated with the buildings is 5.36 hectares and is valued at $1.1 million. Furniture and equipment in the facility adds an additional $1.3 million to the value of the inventory (page 1). The Town contains about 59.8 hectares of developed parkland with a replacement value for the land development of$3.0 million (page 2). The 14.5 km trail system and 20.5 ha cemetery lands, including associated infrastructure, have additional values of $248,800 and $1.7 million respectively. Finally, the improvements which have been added to the parks, including play equipment, ball diamonds, and soccer pitches, and other amenities, as well as bridges, buildings, parking lots, and other special facilities have a combined value of $8.9 million (pages 3 and 4 ). The current replacement value of the Parks and Recreation capital infrastructure is $63.8 million. It has provided the Town with ten year average service level of $4,227.71 per capita (page 5). This service level, when multiplied by the ten year population growth, results in a ten year maximum allowable funding envelope of $4.2 million. No uncommitted excess capacity has been identified. However, Parks and Recreation capital costs must be reduced by 10 per cent as per the DCA The discounted maximum allowable funding envelope is therefore $3.8 million. This amount is brought forward to the development charge calculation. HEMS ON ) 1 0-year Hi st. Service Level per capita $4,227.71 65 PARKS AND RECREATION SUMMARY 2014-2023 Unadjusted Adjusted Development-Related Capital Program ~lopment Charge Development Charge Total Net DC Recoverable $/capita $/sq.m $/capita $/sq.m $990,000 $216,991 $150.69 $0.00 $148.70 $0.00 HEM SON TOWN OF TILLSON BURG INVENTORY OF CAPITAL ASSETS PARKS AND RECREATION PARKLAND DEVELOPMENT DEVELOPED PARKLAND Park Name 2004 2005 2008 "--". APPENDIX 8.2 TABLE 1 -PAGE 2 #of Hectares of Developed Area 2007 2008 2009 2010 2011 2012 2013 UNIT COST ($/ha) :~:::~;: __ ::::::::::::::::::::::::::::::::::::::J::::::::::::::~~~:I .. :··--·-·:::::~:~~ ----------------:~:~!.:!: _Q!Q_" __ .9.-J.Q____ ..... .C? .. J.Q.] ............... QJQ . .L ···········-~U.9. 0.10 I ·-···-J.J!~---·-···-···-···1_.·~-~-i---.1:2§ .. ~---~-~~~---__ .1:.?.~·:· :::~:::t::::::!!j~~-:1 .f~~C?~!I-~~~-~~r~----···-···-·---·-···-···-···-··-···-'· Annandale Park f_'!I)!:Q~!)unds M~-~-t?!i.~LPark -~~I!.I?.L~r!"_C!f!~.-- . W~9.~!!tP..~_r_~--- TrottierP_ark ~u_tlyi~g~-~~~~ . ~!!3!!2~!~?.-~!.L .... .§l!!?~.f-~P.~lT.f.~~----· -~-I!!.P.~~---· Partie~ park .b-!~!!i.r:Y..~~~~~~ ................................................... . -~~-~~-~-'!!.~. Gilvesy Park OakPark -~-~£~_E!!f.~---··-···-····-···-···-···-· !q!;!!.l~L-----------------------------------···1·---· Total ($000 TRAILS Park Name -----~"~-~--------~--~-~ ·-· 5.461 5.46 ~0.1~ i 10.12 ~:9.?._~ ............... ~-.9.?.. --~:~:t:~ ..... :~:::~::!:: 1.01 j 1.01 L?.Q . LQQ ... _. 3.24 ~ .. -~ .. L. 5.46 j _!0_.12! ~ .. .C?.? . .L ... ___ .1,§§ .. \- :!:~~ . .L . 1.01 1 1.82j 1:.?9.-l 1:.9Q __ j __ ~ .. .?fU 12.00 Q,.C?Q . .L. 9:.?.9 .. ) __ 3.24] _Q,?Q. 3.24 --~~~----···-···--·~-~-!!J.__ ·----~J!§ . .L ... _ -~~~--·-·----~ .. ~-~-~- 5.46 10.12 .. 5.46.[ 19.-.1.~.). 5.46 j ~.9:~~-.L. 5.4!) ~-~ ... ~.~-- 5.46 5 .. 46 $50,00~ ~9 ... 1? .. ]. . ~~ ... ~~..!.. ~?~.~0~·-1 ___ !,~~=:::::::::::--~~~-!--:---:---:---m--I:---:---:-:-:~-::-=---:---:---:-I-!~r:---:---:-:~~t:-:-:--~~~~~--1 f 1.01 1 1.0.1 1.01: 1,01 $50,000 -~---~-~-! . ..~:~~ .. [. ..... ~.:~~--.......... 1.-.~.L ............ ~ ... 8.? ........... ~~~.~~9 .. -~·.?.9. 12.00 .1.-.?.Q.J.. ___ _ _ ___ !-.9.9..j ___ _ ... ~:.?.9..1. __ _ 12.00 i !,QQ .. :-· ~:?.2 .. f-- 12.00 -~,Q~--...... 9:.9.9.)___ .9:92 .. ~-- __Q:?.Q____ _ ____ Q}_Qj___ .Q:?.Q . .L. 3.24 3.24_[ 3.24 i --~~~!~.~-~ 20J ~ .. b.':-!~ u~~~:-:~!~~~··· -~::~~:=--·-·····:~:~:~~:] ____ :~:::~:::~~~~1::~:::~::~:~~~~~::1 JEQ._. 12.0_0 __ Q,QQ __ _ _Q,rQ. __ _ 3.2;4 --~:1.9.~ . ·········--J~.?9_ ·---~-~Ql.QQQ •• , 12.00: 12,00 $50,000 ~:~~:~:j :~::!~~~ :~:::_:~~~~] 3.24 ~ 3.,24 $50,000 --r··-···-···-···-···-···-····-···-···-···-···-···-·---···---·-···-.!'.1~9!-!!~.9_?.9J.QP.~.t~.~-~!~~!2~-~.---···-···-···-···-··r-· !~~-f---· --~-~!~.=! ____ _ --~~=~~--l--~~=~~-+- $2,941.7 i $2.991.7 $2.991.7: $2.991.7: 2004 2005 2008 2007 !~!~-­ $2.991.7 --~!-.~-l---- $2,991.7 ; #of Trail Kilometres 2008 2009 --~?~~--f-- $2.991.7 ; 2010 ----~~~~---· $2,991.7 2011 ~-~--~-J. $2.991.7: -~~-~­ $2,991.7 2012 2013 UNIT COST ($/ha) .f.~_rj!~_i.P..~-~---···-···-···-···-···-···-· --··-·-----·-'···-···-· __ ?.JQ_f ___ _ ----~:?.Q ____ _ ~-;~-l-__ ?.,:rq_L. 0.70 j. 3.40! 0.70 __ ?.:!.Q ____ --·------~-z.q_j _____________ ;L~9 .. ~-···-_____ ?.LQ. __ __?_J.Q~ ----~.:..?.9_ -~-~ .. QQ9 .. 1 $5,000 Borden Crescent IJValking Trail Tii~~~~~9_.GA?If C_ou~e T!:a_l!. .M~~~~-~~!'!.W.~.Y...-····-···-··· .Y.~~~~~f!::!_~~-!)P.!:i~l-~~-~~Y. .. . f.~!:!m~D-~~~~-------·-----·---·-·-----·-· TCT 41h St-Cran~rry !9.!!!.1~-~j_ _____ _ Total($000 0.70! 3.40! 0.70 f ··-···-~--- 1.20 ~---· 0.70 3.40 0.70 3.40! 0.70' +·-· -···-···-···-···-----· -···-··j-·-----·---·---·-···t···-· --~J.H+--_____ I!:?.Q. $83.0 1 $83.0 ~ .. ?fl . .l ............. .J~=~-L $83.0 ! $92.0 l 0.70 .?:4:9. ... __ QXQ___ __ ·--~~~Q- jJ.~.Q.._. $191.0 0.70.! 3.40! 0.79 i 3.40! 0.7_0 3.40 0.70. 0;10 3.4_0_ :____ ~--49 .. $2.~09. _ ll_IQJ ~ .. -~.9..L. .. 9:?.9.:[ ___ _ _QXQ., ______________ Q,?Q_j ______________ Q}.QJ __________ ~~,QQQ .. ~:§2.L .. _ --~:§Q ___ -···----~ .. §1.9.~. -r·-· _!:~q ____ _ 2.4_0 _.1.1:.1fl.). ····-___ H:~.Q .. f.. . ..... '!.~:?:Q ..... $191.0 i $191.0 i $249.8 _J .. ~9.w . 2.40 .1.~?.~.: $249.8! -··----~~~~!::~:::~::~~::~~~-- 2,40 . .. .1~~Q .. $248.8 $22,000 CEMETERIES 11em f----::-::-:---r---::-:c:-:-------::-::-:---,---:-:-,::--,---,-,::-:-----:-:=--,---:-:=--,---,,-:-:----:=--,----:=--jl UNITCOST 2004 2005 2006 2007 2008 2009 2010 2011 2012 _;_ 2013 .?.i.t?D.~-~r.9.~~!'!~rx.t~-~1 ....... . Tillsonburg Ceme~ry L:and Value (ha) .J.iJ!~2~-~!II .. g~!!l.~!!ry_gt_r:!9..~.P.!.f?Y_~_rn.~D~.!b.lf!)_.. Cemetery Roads (k_m) __ Q}~+- 10.11 i .!.Q:.1Lf··-· 8.00 i .f.~~~~~!Y..-~(I.~l!).9J~.9.:.f!l ·-···-···-···-···-···-··_J.··-···---·.,?.,!.QQ_( ___ _ Total(h~). Totall$000) 20.50 $1.611-0 0.28 0.28: 10.11 ········--~~---~~·-;-- _J.~~1.! ... -.. --... -..19:.1J .. j_. 8.00 8.00! _g,~~+ 10.11 j. 10.11 ! -~~~~-r __ ?J.!.9.~. --~J.1.9fl .. j-·-·------~1.192.~. 20.50 $1.671,0 20.50 \ $1.671.0 i 20.50 j. $1.671.0 i __ 9.-..?.~ .. ·. 10.11 .!.Q:.1! ____ _ 8.00 ..?.,1QQ ____ _ 20.50 $1.671.0 HEM SON 0.28 ; 0.28 : 1-~--~-~T-······---~-~:~-~--:-· _.1_9.-.tLj_ ___________ !2:!Lf-- 8.oo..! 8.oo i _____ Q~~~---· 10.1_1 !9.:1 ... 1. __ 8.o.o __ ?jj_q_QJ __ _ --~~-129 . .L ... ________ ~.!Q.Q __ _ 2_0.50.j $1.671.0 i -~0_.50 i, $1.671.0 i 20.~ $1-671,0 _g,~-~--r·· 10.11 10.11 -···-···-;· 8.00 ~ .. .1.9.9 __ _ 20.50 j $1,671.Qj_ Q,~~-·······---~~Ql.QQQ .. I 10:11 $50,000 __ !.9J.L ··-···---~-~Q~.QQ9 •. , 8:00 $2,000 -~J_!gg_ ··-···---·-.. !~.C?fl.., 20~50 $1.611-0 TOWN OF TILLSONBURG INVENTORY OF CAPITAL ASSETS PARKS AND RECREATION PARK FACILITIES OUTDOOR BUILDINGS 2004 2005 2006 "'-"' APPENDIX 8.3 TABLE 1 -PAGE 4 # of Outdoor Buildings 2007 2008 2009 2010 2011 2012 2013 UNIT COST ($/unit) ~.!!!§_~~~~u~~'!l! _________ J ___ § ___ 1_ ___ ---!~--___ j1_ -------~ __ -~ __ -~ _:!_ ______ ] _____ :!_§ ___ 1 ___ .!_~-$6000 Je!l!:Jl,!CJu~~~------------________ 1 _____ J _____ 1 ____ J ______ 1 _______ 1 ______ 1, _____ :!._ _____ ~ ------_.§iP._OOO Pa~_E.9..U_!EmentDeP2!._ ___________________ '!_ _______ 1 ___ 1 ______ J _______ 1 _______ __! ______ 1 _______ 1._ __ --~-------__ ~1~_9 • .QOQ_ Wa~~-~~o~h.!!_ds_ _ _ _ ______ _ _ ___ 1 ------1 ______ 1 _____ 1 ______ 1 ___ 1 _____ j ____ _:!_ __ 1 _______ 1_ $Ji,Q9.Q.. ~:::,;;,-:= ·~~ =:::_: = : = :_:_ :-:.: ~ -·=·=:::::. : :. ::::-. •. : =::: ---::::~: _;_;_:-= : :::,::; Total_(#)_ Total ($000' PARKING LOTS .?ay~ Elliot Fairbatrn Community Centre Unpaved t-f.~!!!!-:1!1.!.~-c;:~_rnr! __________ ··-····-···-----···-- Waterpark Participark ~a_d_m_~-~ -~_a_!k _ Coronation Park Annandale $415.:-1-$~1-5.! 1- 2004 41 100 __ _JQQ_ _________ __1_9.9. 50 50 30 30 ~2-12 10 10 30 30 $~1;.: i $~15.: 1- 6 $415.0 ··-···-···-_1QQ_ _____ ____1_9.9._ ____ 1.Q9 ----_ _1_QQ_ --·- 50 50 50 50 30 30 30 30 12 ~? 12 12 10 10 10 10 30 30 30 30 ~s:£E!-I..~!!-s.. -·-··--···-··-···--·-····-···----··-····-····-····---L----·----~9...1. __ ---~9 .. _, __ _ _2PJ_·---~-1-------'PJ ______________ eQ_, ___ _ 6 I $41;.o I 100 50 30 i I 12J 10J I 30 i $415.0 $226.0 2011 2012 2013 41 41 41 140 140 __ 140 ___ 11)_Q_L_ ___ 1_Qpj ---·· _1_9_Q_ 50 I 50 30 -1~ 10 30 30' !!'!.~. - 10' Bo_l_ 50 30 1:2 10 60 UNIT COST ($/unit) $2,000 $2,000 - -··-·---~§.9..~ .. 1 $500 $500 -~§.9~ $500 $500 __ 39.1.----~-·--··-·· I •gJ ______ _2Q_1-------§§.9.Q.. -~:;-~:~-------··-·-·-····-... ·---····-····-··---1---;~;!--/···--$41;.; ~-$4,;:i---~;;-:-r--s~9;,: / $49: ·1·-·---;;~+---;;;;/--sSO:~: ,1 ·-···;~!~' SPECIAL FACILITIES 2004 2005 2006 2007 L.~-~-.b!.~.9-~!"_~!l.~!.f'.!!.~---~···-·· # of F acUities 2008 2009 2010 2011 2012 2013 UNIT COST ($/unit) 1a~i~~~:~-~~~~-~-~--~-~~~-=-~ __ --~~~ ~:-~-:iu--~::; --: u~<-~-~~~=! -~ ~-:~:~ -~~ _l]_: = __ :!_ ---~-~;;~ _I ___ 1 1 _11 __ ---~' _______ 1_ -~ ____ I1 ___ 1_ __ _ 1 ______ 1__ $<,9.Q.Q,.Q.QQ_ ~~:=-~~~:::::::.~:~er~~a~~~ar ---~ ~ ~ _ ~-~---~ -~ ~ ~-~;---~=-~ -~ ~~-~[=-~-~; =-~--_ ~ ~~-~ _ ~,-=~ ::~~--=~=j~-=-··-____ _!_ -----~--~ Grandstand Racetrack _!~~l_(#l Total ($000 8 s3.96~.o T $3.960.0 8 $3,960.0 $4.110.0 _9 $4,110.0 HEM SON 1 i 1 1 $800,000 $130,000 ~ ~ ) ~-- $4.110.0 $4.110.0 $4.110.0 $4.110.0 $2,880.0 Project Description Timing 2.0 PARKS AND RECREATION 2.1 Indoor Recreation Facilities 2.1.1 Health Club Facility in Community Centre 2019 $ Subtotal Indoor Recreation Facilities $ 2.2 Parkland & Park Facilities 2.2.1 Annandale Diamond Parking Area Development 2014 $ 2.2.2 Playground Equipment Upgrades 2015 $ 2.2.3 Oak Park Playground Equipment 2015 $ 2.2.4 New Picnic Pavilion 2015 $ 2.2.5 Lights for Annandale Ball Diamond 2015 $ 2.2.6 New Dog Park 2015 $ 2.2.7 New Parkland Development (Master Plan) 2016 $ 2.2.8 New Parkland Development (Master Plan) 2017 $ 2.2.9 New Parkland Development (Master Plan) 2018 $ 2.2.10 New Parkland Development (Master Plan) 2019 $ 2.2.11 New Parkland Development (Master Plan) 2020 $ 2.2.12 New Parkland Development (Master Plan) 2021 $ 2.2.13 New Parkland Development (Master Plan) 2022 $ 2.2.14 New Parkland Development (Master Plan) 2023 $ Subtotal Parkland & Park Facilities $ ~ APPENDIX 8.2 TABLE 2 -PAGE 1 TOWN OF TILLSONBURG DEVELOPMENT-RELATED CAPITAL PROGRAM PARKS AND RECREATION Gross Grants/ Net lnellalble Costs Project Subsldles/othe Municipal Replacement 10% Cost Recoveries Cost & BTE Shares Reduction 500,000 $ -$ 500,000 $ 456,337 $ 4,366 500,000 $ -$ 500,000 $ 456,337 $ 4,366 30,000 $ -$ 30,000 $ $ 3,000 30,000 $ -$ 30,000 $ 15,000 $ 1,500 35,000 $ -$ 35,000 $ -$ 3,500 30,000 $ -$ 30,000 $ -$ 3,000 90,000 $ -$ 90,000 $ -$ 9,000 40,000 $ -$ 40,000 $ -$ 4,000 12,500 $ -$ 12,500 $ -$ 1,250 12,500 $ -$ 12,500 $ -$ 1,250 12,500 $ -$ 12,500 $ -$ 1,250 12,500 $ -$ 12,500 $ -$ 1,250 12,500 $ -$ 12,500 $ -$ 1,250 12,500 $ $ 12,500 $ -$ 1,250 12,500 $ $ 12,500 $ -$ 1,250 12,500 $ -$ 12,500 $ -$ 1,250 355,000 $ -$ 355,000 $ 15,000 $ 34,000 HEMS ON '-......_ . .// Total DC Ellalble Costs DC Eligible Available 2014-Post Costs DC Reserves 2023 2023 $ 39,297 $ -$ 39,297 $ - $ 39,297 $ $ 39,297 $ - $ 27,000 $ 27,000 $ -$ - $ 13,500 $ 13,500 $ -$ - $ 31,500 $ 31,500 $ -$ - $ 27,000 $ 27,000 $ $ $ 81,000 $ 81,000 $ -$ - $ 36,000 $ 36,000 $ -$ $ 11,250 $ 11,250 $ -$ - $ 11,250 $ 55 $ 11,195 $ - $ 11,250 $ -$ 11,250 $ - $ 11,250 $ -$ 11,250 $ - $ 11,250 $ -$ 11,250 $ - $ 11,250 $ -$ 11,250 $ - $ 11,250 $ $ 11,250 $ - $ 11,250 $ -$ 11,250 $ - $ 306,000 $ 227,305 $ 78,695 $ APPENDIX 8.2 TABLE3 TOWN OF TILLSONBURG CASHFLOW AND DETERMINATION OF DEVELOPMENT CHARGE PARKS AND RECREATION RESIDENTIAL DEVELOPMENT CHARGE (in $000) PARKS AND RECREATION 2014 2015 2016 2017 2018 2019 OPENING CASH BALANCE $0.00 $21.98 $45.13 $70.01 $49.95 $51.13 2014-2023 RESIDENTIAL FUNDING REQUIREMENTS -Parks And Recreation: Non Inflated $0.0 $0.0 $0.0 $42.7 $22.5 $61.8 -Parks And Recreation: Inflated $0.0 $0.0 $0.0 $45.3 $24.4 $68.2 NEW RESIDENTIAL DEVELOPMENT -Population Growth in New Units 145 145 148 148 148 151 REVENUE -DC Receipts: Inflated $21.6 $22.0 $22.9 $23.4 $23.8 $24.8 INTEREST -Interest on Opening Balance $0.0 $0.8 $1.6 $2.5 $1.7 $1.8 -Interest on In-year Transactions $0.4 $0.4 $0.4 ($0.6) ($0.0) ($1.2) TOTAL REVENUE $22.0 $23.2 $24.9 $25.2 $25.5 $25.4 CLOSING CASH BALANCE $22.0 $45.1 $70.0 $50.0 $51.1 $8.3 2014 Adjusted Charge Per Capita $148.70 HEMS ON 2020 $8.30 $22.5 $25.3 153 $25.6 $0.3 $0.0 $25.9 $8.9 2021 2022 2023 $8.85 $9.42 $22.5 $22.5 $25.8 $26.4 153 123 $26.1 $21.4 $0.3 $0.3 $0.0 ($0.1) $26.4 $21.6 $9.4 $4.7 Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate: Interest Rate on Positive Balances Interest Rate on Negative Balances $4.65 $22.5 $26.9 126 $22.4 $0.2 ($0.1) $22.4 $0.2 TOTAL $217.0 $242.3 1,440 $234.0 $9.4 ($0.9) $242.5 100.0% 0.0% 2.0% 3.5% 5.5% 74 APPENDIX 8.3 PUBLIC WORKS AND FLEET HEMS ON 75 APPENDIX B.3 PUBLIC WORKS AND FLEET The Engineering Department in the Town of Tillson burg is responsible for the design and construction of the Town's network of public roads and related infrastructure, and their maintenance. This section deals with the buildings, equipment and fleet associated with providing these services "related to a highway". Roads and related infrastructure construction is included in Appendix B. 7. TABLE 1 2004-2013 HISTORICAL SERVICE LEVELS The Public Works and Fleet ten year historic inventory of capital assets includes 15,351 sq.ft. of buildings which are valued at $1.7 million. The land area associated with the buildings is estimated at 5.39 hectares and is valued at $1.1 million (page 1). Furniture and equipment add another $533,000 to the value of the inventory. Finally, the fleet of 93 vehicles is valued at $5.8 million (page 2). The current replacement value of the Public Works and Fleet capital infrastructure is $9.1 million. It has provided the Town with a ten year average service level of $364.45 per capita and employment (page 3 ). This service level, when multiplied by the ten year population and employment growth, results in a ten year maximum allowable funding envelope of $662,935. Uncommitted excess capacity in the amount of $13,553 has been identified and must be deducted from the funding envelope. The remaining $649,381, being exempt from the mandatory ten per cent capital cost reduction, can be considered for recovery through development charges. TABLE 2 2014-2023 DEVELOPMENT-RELATED CAPITAL PROGRAM AND CALCULATION OF UNADJUSTED DEVELOPMENT CHARGES The development-related capital program for Public Works and Fleet provides for $950,000 worth of new facilities and facility expansions and $1.1 million worth of new fleet vehicles and vehicle upgrades. The total gross cost of the capital program is $2.0 million. No grants or subsidies have been identified to offset the cost of the program. HEMS ON TOWN OF TILLSON BURG INVENTORY OF CAPITAL ASSETS PUBLIC WORKS AND FLEET BUILDINGS Facility Name Equipment Depot/Office -20 Spruce Street Salt Shed/PCB -20 Spruce Street Sign Shop -20 Spruce Street Storage Building Sand Shed Brine Facility(#) Total(#) Total ($000) LAND Facility Name All Spruce Street Facilities Storage Building Total (ha) Total ($000) 2004 9,859 2,096 608 692 2,096 15,351 $1,622.1 2004 1.71 3.68 5.39 $1,078.2 2005 2006 9,859 9,859 2,096 2,096 608 608 692 692 2,096 2,096 15,351 15,351 $1,622.1 $1,622.1 2005 2006 1.71 1.71 3.68 3.68 5.39 5.39 $1,078.2 $1,078.2 "'-" APPENDIX B.3 TABLE 1 -PAGE 1 #of Square Feet 2007 2008 2009 9,859 9,859 9,859 2,096 2,096 2,096 608 608 608 692 692 692 2,096 2,096 2,096 1 15,351 15,351 15,351 $1,622.1 $1,622.1 $1,657.1 #of Hectares 2007 2008 2009 1.71 1.71 1.71 3.68 3.68 3.68 5.39 5.39 5.39 $1,078.2 $1,078.2 $1,078.2 HEMS ON UNIT COST 2010 2011 2012 2013 ($/SQ.ft.) 9,859 9,859 9,859 9,859 $132 2,096 2,096 2,096 2,096 $55 608 608 608 608 $55 692 692 692 692 $82 2,096 2,096 2,096 2,096 $55 1 1 1 1 $35,000 15,351 15,351 15,351 15,351 $1,657.1 $1,657.1 $1,657.1 $1,657.1 UNIT COST 2010 2011 2012 2013 ($/hal 1.71 1.71 1.71 1.71 $200,000 3.68 3.68 3.68 3.68 $200,000 5.39 5.39 5.39 5.39 $1,078.2 $1,078.2 $1,078.2 $1,078.2 TOWN OF TILLSONBURG CALCULATION OF SERVICE LEVELS PUBLIC WORKS AND FLEET Historic Population Historic Employment Total Historic Population & Employment INVENTORY SUMMARY ($000) Buildings Land Furniture & Equipment Fleet Total 1$0001 SERVICE LEVEL ($/pop & emp) Buildings Land Furniture & Equipment Fleet Total ($/pop & emp} TOWN OF TILLSON BURG CALCULATION OF MAXIMUM ALLOWABLE PUBLIC WORKS AND FLEET 10-Year Funding Envelope Calculation 10 Year Average Service Level 2004-2013 2004 14,509 9635 24,144 $1,622.1 $1,078.2 $533.0 $5,315.9 $8,549.2 $67.19 $44.66 $22.08 $220.17 $354.09 Net Population & Employment Growth 2014-2023 Maximum Allowable Funding Envelope Less: Uncommitted Excess Capacity Discounted Maximum Allowable Funding Envelope 2005 14,665 9744 24,409 $1,622.1 $1,078.2 $533.0 $5,431.3 $8,664.6 $66.46 $44.17 $21.84 $222.51 $354.98 $364.45 1,819 $662,935 $13,553 $649,381 2006 14,822 9855 24,677 $1,622.1 $1,078.2 $533.0 $5,642.7 $8,876.0 $65.73 $43.69 $21.60 $228.66 $359.69 ~ APPENDIX B.3 TABLE 1 -PAGE 3 2007 14,917 9744 24,661 $1,622.1 $1,078.2 $533.0 $5,659.6 $8,892.9 $65.78 $43.72 $21.61 $229.50 $360.61 2008 15,012 9635 24,647 $1,622.1 $1,078.2 $533.0 $5,708.2 $8,941.5 $65.81 $43.75 $21.63 $231.60 $362.78 HEMS ON 2009 15,108 9528 24,636 $1,657.1 $1,078.2 $533.0 $5,900.0 $9,168.3 $67.26 $43.77 $21.64 $239.49 $372.15 2010 15,204 9423 24,627 $1,657.1 $1,078.2 $533.0 $5,938.0 $9,206.3 $67.29 $43.78 $21.84 $241.12 $373.83 2011 15,301 9320 24,621 $1,657.1 $1,078.2 $533.0 $5,938.0 $9,206.3 $67.31 $43.79 $21.65 $241.18 $373.92 2012 15,396 9393 24,789 $1,657.1 $1,078.2 $533.0 $5,840.8 $9,109.1 $66.85 $43.50 $21.50 $235.62 $367.47 Excess Capacity Calculation 2013 15,491 9466 24,957 $1,657.1 $1,078.2 $533.0 $5,840.8 $9,109.1 $66.40 $43.20 $21.36 $234.03 $364.99 Total Value of Inventory in 2013 Inventory Using Average Service Level Committed Excess Capacity Uncommitted Excess Capacity: Average Service Level ~j $66.61 $43.80 $21.65 $232.39 $364.45 $9,109,132 $9,095,579 $0 $13,553 - APPENDIX B.3 TABLE 3 -PAGE 1 TOWN OF TILLSONBURG CASH FLOW AND DETERMINATION OF DEVELOPMENT CHARGE PUBLIC WORKS AND FLEET RESIDENTIAL DEVELOPMENT CHARGE (in $000) PUBLIC WORKS AND FLEET 2014 2015 2016 2017 2018 2019 OPENING CASH BALANCE $0.00 $35.76 $73.49 ($225.50) ($198.87) ($170.07) 2014-2023 RESIDENTIAL FUNDING REQUIREMENTS -Public Works (New Projects): Non Inflated $9.6 $9.6 $327.7 $9.6 $9.6 $9.6 -Public Works (New Projects): Inflated $9.6 $9.7 $341.0 $10.1 $10.3 $10.6 NEW RESIDENTIAL DEVELOPMENT -Population Growth in New Units 145 145 148 148 148 151 REVENUE -DC Receipts: Inflated $44.7 $45.6 $47.5 $48.5 $49.4 $51.4 INTEREST -Interest on Opening Balance $0.0 $1.3 $2.6 ($12.4) ($10.9) ($9.4) -Interest on In-year Transactions $0.6 $0.6 ($8.1) $0.7 $0.7 $0.7 TOTAL REVENUE $45.3 $47.5 $42.0 $36.8 $39.1 $42.8 CLOSING CASH BALANCE $35.8 $73.5 ($225.5) ($198.9) ($170.1) ($137.9) 2014 Adjusted Charge Per Capita $308.50 HEMS ON 2020 ($137.86) $9.6 $10.8 153 $53.2 ($7.6) $0.7 $46.4 ($102.3) 2021 2022 ($102.27) ($63.91) $9.6 $9.6 $11.0 $11.2 153 123 $54.2 $44.5 ($5.6) ($3.5) $0.8 $0.6 $49.3 $41.6 ($63.9) ($33.5) Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate: 2023 ($33.55) $9.6 $11.4 126 $46.5 ($1.8) $0.6 $45.3 $0.3 Interest Rate on Positive Balances Interest Rate on Negative Balances TOTAL $413.8 $435.7 1,440 $485.5 ($47.4) ($2.1) $436.0 63.7% 36.3% 2.0% 3.5% 5.5% 83 APPENDIX 8.4 MUNICIPAL PARKING HEMS ON 84 APPENDIX B.4 MUNICIPAL PARKING The Town of Tillsonburg currently owns and operates 1,771 parking spaces. The benefits of the parking service are deemed to be T own~wide for the purpose of calculating the development charge. TABLE 1 2004-2013 HISTORICAL SERVICE LEVELS The current inventory of capital assets for parking includes 1,771 parking spaces. The total cost to acquire and develop the spaces amounts to $8.9 million (page 1). The current total value of parking capital infrastructure is estimated to be $8.9 million. This infrastructure has provided the Town with a ten year average service level of $359.74 per capita and employment (page 2). The service level, when multiplied by the ten year population and employment growth, results in a ten year maximum allowable funding envelope of$654,367. No uncommitted excess capacity has been identified. However, Parking capital costs must be reduced by ten per cent ($65,437) under the DCA. The discounted maximum allowable funding envelope brought forward to the development charges calculation is $588,930. TABLE 2 2014-2023 DEVELOPMENT-RELATED CAPITAL PROGRAM AND CALCULATION OF UNADJUSTED DEVELOPMENT CHARGES The ten year development~related capital program for Parking provides for $250,000 worth of new parking spaces to accommodate development. No grants, subsidies, or benefit to existing shares have been identified. The development~related cost becomes subject to the ten per cent reduction required by the DCA ($25,000). The remaining $225,000 developmenHelated cost {less than the maximum allowable) is carried forward to the development charge calculation. The cost is allocated 64% against residential development, or $143,363, and 36% against non~ residential development, or $81,637. This yields unadjusted development charge rates of $99.56 per capita and $1.39 per m2 respectively. HEM SON TOWN OF TILLSONBURG INVENTORY OF CAPITAL ASSETS PARKING PARKING SPACES Lot Lot 1A Lot2A Lot3A ~-··- Lot5A Lot6A Lot7A Lot8A Lot9A Lot 10A Lot11A Lot 18 Lot2B ----.. -----· Lot3B Lot4B Lot 58 Lot6B Lot 1C Lot2C 1-Lot 3C Total(#) Total f$0001 2004 91 177 106 43 31 287 --··- 243 97 115 54 23 63 58 --- 69 75 48 26 89 45 31 1,771 $8,855.0 2005 2006 t 91 91 177 177 106 106 43 43 31 31 287 287 243 243 97 97 115 115 54 54 23 23 63 63 --·- 58 58 - 69 69 75 75 48 48 26 26 89 89 45 45 31 31 1,771 1,771 $8,855.0 $8,855.0 -~ APPENDIX 8.4 TABLE 1 -PAGE 1 # of Parking Spaces 2007 2008 2009 91 91 91 177 177 177 106 106 106 43 43 43 31 31 31 f-----287 287 287 243 243 243 97 97 97 115 115 115 54 54 54 23 23 23 63 63 63 58 58 58 ... 69 69 69 75 75 75 48 48 48 26 26 26 89 89 89 45 45 45 31 31 31 1,771 1,771 1,771 $8,855.0 $8,855.0 $8,855.0 HEMS ON UNIT COST 2010 2011 2012 2013 ($/soacel 91 91 91 91 $5,000 177 177 177 177 $5,000 106 106 106 106 $5,000 43 43 43 43 $5,000 31 31 31 31 $5,000 287 287 287 287 $5,000 243 243 243 243 $5,000 97 97 97 97 $5,000 115 115 115 115 $5,000 54 54 54 54 $5,000 23 23 23 23 $5,000 63 63 63 63 $5,000 58 58 58 58 $5,000 69 69 69 69 $5,000 75 75 75 75 $5,000 48 48 48 48 $5,000 26 26 26 26 $5,000 89 89 89 89 $5,000 45 45 45 45 $5,000 31 31 31 31 _$5,000 1,771 1,771 1,771 1,771 $8,855.0 $8,855.0 $8,855.0 $8,855.0 Project Description 4.0 PARKING 4.1 Parking Spaces 4.1.1 Allocation for New Parking Spaces Subtotal Parking Spaces TOTAL PARKING Residential Development Charge Calculation Residential Share of 2014-2023 DC Eligible Costs 1 0-Year Growth in Population in New Units Unadjusted Development Charge Per Capita Non-Residential Development Charge Calculation Non-Residential Share of 2014-2023 DC Eligible Costs 1 0-Year Growth in Square Metres Unadjusted Development Charge Per Square Metre Timing Various $ $ $ 64% 36% ""-' APPENDIX 8.4 TABLE 2 TOWN OF TILLSONBURG DEVELOPMENT-RELATED CAPITAL PROGRAM PARKING Gross Grants/ Net lnellqlble Costs Project Subsldles/Othe Municipal Replacement 10% Cost Recoveries Cost & BTE Shares Reduction 250,000 $ -$ 250,000 $ -$ 25,000 250,000 $ -$ 250,000 $ -$ 25,000 250,000 $ -$ 250,000 $ -$ 25,000 $143,363 1,440 $99.56 $81,637 58,660 $1.39 HEM SON Total DC Eligible Costs DC Eligible Available 2014-Post Costs DC Reserves 2023 2023 $ 225,000 $ -$ 225,000 $ - $ 225,000 $ -$ 225,000 $ - $ 225,000 $ -$ 225,000 $ - 2014-2023 Net Funding Envelope $588,930 Uncommitted Reserve Fund Balance Balance as at December 31, 2013 $0 APPENDIX 8.4 TABLE 3 -PAGE 2 TOWN OF TILLSONBURG CASH FLOW AND DETERMINATION OF DEVELOPMENT CHARGE PARKING NON-RESIDENTIAL DEVELOPMENT CHARGE (in $000) PARKING 2014 2015 2016 2017 2018 2019 OPENING CASH BALANCE $0.00 ($1.20) ($2.52) ($3.78) ($2.94) ($2.02) 2014-2023 NON-RESIDENTIAL FUNDING REQUIREMENTS -Parking: Non Inflated $8.2 $8.2 $8.2 $8.2 $8.2 $8.2 -Parking: Inflated $8.2 $8.3 $8.5 $8.7 $8.8 $9.0 NEW NON-RESIDENTIAL DEVELOPMENT -Growth in Square Metres 4,970 4,970 5,088 6,532 6,550 6,550 REVENUE -DC Receipts: Inflated $7.0 $7.1 $7.4 $9.7 $9.9 $10.1 INTEREST -Interest on Opening Balance $0.0 ($0.1) ($0.1) ($0.2) ($0.2) ($0.1) -Interest on In-year Transactions ($0.0) ($0.0) ($0.0) $0.0 $0.0 $0.0 TOTAL REVENUE $7.0 $7.0 $7.2 $9.5 $9.8 $10.0 CLOSING CASH BALANCE ($1.2) ($2.5) ($3.8) ($2.9) ($2.0) ($1.0) 2014 Adjusted Charge Per Square Metre $1.40 HEMS ON 2020 ($1.02) $8.2 $9.2 6,660 $10.5 ($0.1) $0.0 $10.5 $0.2 2021 2022 2023 $0.25 $1.71 $8.2 $8.2 $9.4 $9.6 6,740 5,340 $10.8 $8.8 $0.0 $0.1 $0.0 ($0.0) $10.8 $8.8 $1.7 $1.0 Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate Interest Rate on Positive Balances Interest Rate on Negative Balances $0.98 $8.2 $9.8 5,260 $8.8 $0.0 ($0.0) $8.8 $0.0 ---" _./ TOTAL $81.6 $89.4 58,660 $90.1 ($0.6) ($0.0) $89.4 63.7% 36.3% 2.0% 3.5% 5.5% 91 ) APPENDIX 8.5 GENERAL GOVERNMENT HEMS ON 92 APPENDIX B.S GENERAL GOVERNMENT When calculating development charges, the DCA allows for the inclusion of the costs of undertaking studies related to the provision of development~related infrastructure, including development charges background studies. TABLE 1 2014-2023 DEVELOPMENT-RELATED CAPITAL PROGRAM AND CALCULATION OF UNADJUSTED DEVELOPMENT CHARGES Table 1 provides a list of development~related studies the Town anticipates undertaking during the 2014~2023 period. As required by the DCA, development charges studies must be undertaken every five years, thus two are included in the list. The total estimated cost of all studies is $93,500. No grants or subsidies have been identified. A benefit to existing share of $33,099 has been identified and is ineligible for development charge funding. The development~related costs become subject to the ten per cent discount required by the DCA ($6,040). Of the remaining $54,361, $20,232 can be funded from existing development charge reserve funds and $34,130 can be recovered from development charges imposed over the period from 2014 to 2023. Of this $34,130, 64% ($21,746) is allocated against residential development and 36% ($12,383) is allocated against non~residential development. The calculated unadjusted charges that result are $15.10 per capita for new residential development and $0.21 per m2 for new non~residential development. TABLE 2 CASH FLOW ANALYSIS After cash flow analysis, the residential charge increases to $14.70 per capita and the non~residential charge remains at $0.21 per m2 • The following table summarizes the calculation of the General Government development charge: HEM SON Project Description 5.0 GENERAL GOVERNMENT 5.1 Development-Related Studies 5.1.1 Engineering Sludy for Fire Expansion 5.1.2 Landscaping Plan for Columba ria Garden etc. 5.1.3 Development Charges Study 5.1.4 Development Charges Study TOTAL GENERAL GOVERNMENT Residential Development Charge Calculation Residential Share of 2014 • 2023 DC Eligible Costs 10-Year Growth in Population in New Units Unadjusted Development Charge Per Capita Non-Residential Development Charge Calculation Non-Residential Share of 2014.2023 DC Eligible Costs 1 ()..Year Growth in Square Metres Unadjusted Development Charge Per Square Metre Timing 2015 $ 2014 $ 2018 $ 2023 $ $ 64% 36% '-" APPENDIX 8.5 TABLE1 TOWN OF TILLSONBURG DEVELOPMENT-RELATED CAPITAL PROGRAM GENERAL GOVERNMENT Gross Grants/ Net lnellalble Costs Project Cost 16,000 27,500 25,000 25,000 93,500 $21,746 1,440 $15.10 $12,383 58,660 $0.21 Subsldles/Othe Municipal Replacement Recoveries Cost & BTE Shares $ . $ 16,000 $ 8,000 $ $ 27,500 $ 25,099 $ $ 25,000 $ . $ . $ 25,000 $ . $ . $ 93,500 $ 33,099 HEMS ON 10% Reduction $ 800 $ 240 $ 2,500 $ 2,500 $ 6,040 Total DC Eligible Costs DC Eligible Available Costs DC Reserves $ 7,200 $ 7,200 $ $ 2,161 $ 2,161 $ $ 22,500 $ 10,870 $ $ 22,500 $ . $ $ 54,361 $ 20,232 $ Uncommitted Reserve Fund Balance Balance as at December 31, 2013 2014· 2023 . . 11,630 22,500 34,130 ..._ __ ._.../ Post 2023 $ . $ . $ . $ . $ . $20,232 APPENDIX 8.5 TABLE 2 -PAGE 2 TOWN OF TILLSONBURG CASHFLOW AND DETERMINATION OF DEVELOPMENT CHARGE GENERAL GOVERNMENT NON-RESIDENTIAL DEVELOPMENT CHARGE (in $000) GENERAL GOVERNMENT 2014 2015 2016 2017 2018 2019 OPENING CASH BALANCE $0.00 $1.02 $2.17 $3.37 $5.01 $2.04 2014-2023 NON-RESIDENTIAL FUNDING REQUIREMENTS -General Government: Non Inflated $0.0 $0.0 $0.0 $0.0 $4.2 $0.0 -General Government: Inflated $0.0 $0.0 $0.0 $0.0 $4.6 $0.0 NON-RESIDENTIAL SPACE GROWTH -Growth in Square Metres 4,970 4,970 5,088 6,532 6,550 6,550 REVENUE -DC Receipts: Inflated $1.0 $1.1 $1.1 $1.5 $1.5 $1.5 INTEREST -Interest on Opening Balance $0.0 $0.0 $0.1 $0.1 $0.2 $0.1 -Interest on In-year Transactions $0.0 $0.0 $0.0 $0.0 ($0.1) $0.0 TOTAL REVENUE $1.0 $1.2 $1.2 $1.6 $1.6 $1.6 CLOSING CASH BALANCE $1.0 $2.2 $3.4 $5.0 $2.0 $3.6 2014 Adjusted Charge Per Square Metre $0.21 REMSON 2020 $3.63 $0.0 $0.0 6,660 $1.6 $0.1 $0.0 $1.8 $5.4 2021 2022 2023 $5.39 $7.20 $0.0 $0.0 $0.0 $0.0 6,740 5,340 $1.6 $1.3 $0.2 $0.3 $0.0 $0.0 $1.8 $1.6 $7.2 $8.8 Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate Interest Rate on Positive Balances Interest Rate on Negative Balances $8.78 $8.2 $9.8 5,260 $1.3 $0.3 ($0.2) $1.4 $0.4 TOTAL $12.4 $14.3 58,660 $13.5 $1.4 ($0.1) $14.7 63.7% 36.3% 2.0% 3.5% 5.5% 97 APPENDIX 8.6 STORMWATER HEM SON 98 APPENDIX B.6 STORMWATER The benefits of the Storm water service are deemed to be Town~ wide for the purpose of calculating the development charge. For the purposes of calculating a development charge a planning horizon extending from 2014 to 2031 is used. TABLE 1 2014-2031 DEVELOPMENT-RELATED CAPITAL PROGRAM AND CALCULATION OF UNADJUSTED DEVELOPMENT CHARGES The development-related capital program for the Stormwater service totals $138,000 and includes provision for the recovery of the development~related portion of a stormwater culvert and a master drainage planning study planned for 2016. No grants or subsidies have been identified. BTE Shares in the government of $30,400 are identified and will offset the cost of the program. The $107,600 development~related costs are exempt from the ten per cent reduction under the DCA. The full cost is allocated 66% against residential development, or $70,117, and 34% against non~ residential development, or $35,384, based on the ratio of forecast growth in population in new units and employment. This yields unadjusted development charge rates of$28.15 per capita and $0.38 per m2 respectively. TABLE 2 CASH FLOW ANALYSIS The cash flow analysis is displayed is Table 2. It considers the timing of the projects against the timing of the development charge revenues to determine adjusted calculated rates. After cash flow analysis, the charge is increased to $34.80 per capita and the non~residential charge is increased to $0.47 per m2 • The following table summarizes the calculation of the Stormwater development charge: HEMS ON Project Description 6.0 STORMWATER 6.1 Stormwater Infrastructure 6.1.1 Swance Drain -Cranberry Road Culvert Subtotal Stormwater Infrastructure 6.2 Studies 6.2.1 Master Drainage Planning Study Subtotal Studies TOTAL STORMWATER Residential Development Charge calculation Residential Share of2014-2031 DC Eligible Costs Growth in Population in New Units to 2031 Unadjusted Development Charge Per Cap~a Non-Residential Development Charge Calculation Non-Residential Share of 2014-2031 DC Eligible Costs Growth in Square Melres to 2031 Unadjusted Development Charge Per Square Metre Timing 2015 $ $ 2016 $ $ $ 66% 34% ~ APPENDIX 8.6 TABLE1 TOWN OF TILLSONBURG DEVELOPMENT -RELATED CAPITAL PROGRAM STORMWATER Gross Grants/ Net Ineligible Costs Project Cost 38,000 38,000 100,000 100,000 138,000 $70,117 2,491 $28.15 $35,384 92,336 $0.38 Subsldles/Othe Municipal Replacement Recoveries Cost & BTE Shares $ -$ 38,000 $ 30,400 $ -$ 38,000 $ 30,400 $ -$ 100,000 $ - $ -$ 100,000 $ - $ $ 138,000 $ 30,400 HEMS ON 0% Reduction $ - $ - $ - $ - $ - Total DC Eligible Costs DC Eligible Available Costs DC Reserves $ 7,600 $ 2,099 $ $ 7,600 $ 2,099 $ $ 100,000 $ -$ $ 100,000 $ $ $ 107,600 $ 2,099 $ 2014-2031 Net Funding Envelope Uncommitted Reserve Fund Balance Balance as at December31, 2013 2014- 2031 5,501 5,501 100,000 100,000 105,501 ~--/ Post 2031 $ - $ - $ $ - $ - $0 $2,099 STORMWATER 2014 OPENING CASH BALANCE $0.00 2014-2031 NON-RESIDENTIAL FUNDING REQUIREMENTS -Stormwater: Non Inflated $0.0 -Stormwater: Inflated $0.0 NON-RESIDENTIAL SPACE GROVVTH -Growth in Square Metres 4,970 REVENUE -DC Receipts: Inflated $2.3 INTEREST -Interest on Opening Balance $0.0 -Interest on In-year Transactions $0.0 TOTAL REVENUE $2.3 CLOSING CASH BALANCE $2.3 STORMWATER 2024 OPENING CASH BALANCE ($16.25) 2014-2031 NON-RESIDENTIAL FUNDING REQUIREMENTS -Stormwater: Non Inflated $0.0 -Stormwater: Inflated $0.0 NON-RESIDENTIAL SPACE GROWTH -Growth in Square Metres 5,370 REVENUE -DC Receipts: Inflated $3.1 INTEREST -Interest on Opening Balance ($0.9) -Interest on In-year Transactions $0.1 TOTAL REVENUE $2.3 CLOSING CASH BALANCE ($14.0) 2014 Adjusted Charge Per Square Metre $0.47 APPENDIX 8.6 TABLE 2-PAGE 2 TOWN OF TILLSONBURG CASHFLOW AND DETERMINATION OF DEVELOPMENT CHARGE STORMWATER NON-RESIDENTIAL DEVELOPMENT CHARGE (In $000) 2015 2016 2017 2018 2019 $2.34 $2.95 ($30.23) ($28.54) ($26.75) $1.8 $33.5 $0.0 $0.0 $0.0 $1.9 $34.9 $0.0 $0.0 $0.0 4,970 5,088 6,532 6,550 6,550 $2.4 $2.5 $3.3 $3.3 $3.4 $0.1 $0.1 ($1.7) ($1.6) ($1.5) $0.0 ($0.9) $0.1 $0.1 $0.1 $2.5 $1.7 $1.7 $1.8 $2.0 $2.9 ($30.2) ($28.5) ($26.7) ($24.8) 2025 2028 2027 2028 2029 ($13.99) ($11.60) ($8.99) ($7.34) ($5.51) $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 5,370 5,368 3,482 3,480 3,480 $3.1 $3.2 $2.1 $2.2 $2.2 ($0.8) ($0.6) ($0.5) ($0.4) ($0.3) $0.1 $0.1 $0.0 $0.0 $0.0 $2.4 $2.6 $1.6 $1.8 $1.9 ($11.6) ($9.0) ($7.3) ($5.5) ($3.6) HEMS ON 2020 ($24.76) $0.0 $0.0 6,660 $3.5 ($1.4) $0.1 $2.2 ($22.6) 2030 ($3.57) $0.0 $0.0 3,480 $2.2 ($0.2) $0.0 $2.0 ($1.5) 2021 2022 2023 ($22.56) ($20.14) $0.0 $0.0 $0.0 $0.0 6,740 5,340 $3.6 $2.9 ($1.2) ($1.1) $0.1 $0.1 $2.4 $1.8 ($20.1) ($18.3) 2031 TOTAL ($1.53) $0.0 $35.4 $0.0 $36.8 3,646 92,336 $2.4 $50.7 ($0.1) ($13.0) $0.0 ($0.1) $2.4 $37.6 $0.8 Allocation of Capital Program Residential Sector Non-Residential Sector Rates for 2014 Inflation Rate Interest Rate on Positive Balances Interest Rate on Negative Balances ($18.30) $0.0 $0.0 5,260 $3.0 ($1.0) $0.1 $2.0 ($16.2) 66.5% 33.5% 2.0% 3.5% 5.5% ·--.. ---· 103 APPENDIX 8.7 ROADS AND RELATED HEMS ON 104 APPENDIX B.7 ROADS AND RELATED The capital costs associated with roads and related infrastructure "related to a highway" are accounted for in this section. For the purposes of calculating a development charge a planning horizon extending from 2014 to 2031 is used. Consistent with s. 5. ( 1) 7. of the DCA, there is no legislated percentage reduction in the eligible development~related capital cost for the provision of Roads and Related infrastructure. TABLE 1 2014-2031 DEVELOPMENT-RELATED CAPITAL PROGRAM The 2014 to 2031 development~related capital program for Roads and Related includes several road reconstruction projects required to accommodate increased traffic arising from development as well as development~related signalization, streetlight installation, traffic studies, and other road related infrastructure not considered a direct developer responsibility {see the local service definitions set out in Section VII of this background study). The cost, quantum and timing of the projects included in the forecast have been provided by the Engineering Department and are set out in Table 1. The total gross cost of the Roads and Related program is $3.5 million, of which $10,000 will be funded by grants. The net cost of the program remains therefore $3.5 million. Table 1 also provides the calculation of the net development~related costs to be included in the development charge. Approximately $597,800 {21 %) is identified as a non-growth (i.e. benefit to existing) share that will require funding from other Town sources. The method for calculating the non-growth share is explained in the table footnotes. The remaining $2.9 million is considered to benefit growth to 2031 and is carried forward to the development charge calculation. TABLE 2 CALCULATION OF UNADJUSTED DEVELOPMENT CHARGES Table 2 provides the calculation of the development charge. The total net development-related capital cost of the program of $2.9 million is fully recoverable from development charges as there is no mandatory 10% reduction for services related HEMS ON Project Name Project Details Road Reconstructions Bavham Drive-Trillum Railway to Newell Road street"';;>'"'' '"'. '-'UOUUUO <>UOO< <U "uopn Concession Street -Tillson Ave to Maple Lane North Broadway Street-North St. to Town Limit Newell Road -Baldwin to West Town Limits West Town Line-boundary road with Norwich I'"~~"""'""""""'" traffic on Simcoe St. North Street Sidewalks ~~~·~~~w•y • ~- I'" ""uw """"""'"" Kinsmen BridQe Upgrades access Signalization Town-wide Si nalization Signal Priority Control System Expansion Phase 1 Si nal Priority Control System Expansion Phase 2 Sjg_nal Priority Control Svstem Exoansion Phase 3 Si nal Prioritv Control Svstem Exoansion Phase 4 Town-wide Streetlight Development Concession Street W-E North street Baldwin Street Development-Related Studies MasterTransoortation Studv 125-250F Uodate Traffic Count Maos Alternate Truck Route studv Industrial Park Land use Planning and Traffic Impact Study Traffic Studv for Hosoital Area Other Infrastructure Gibson Drive Foot BridQe and Walkway WideninQ TOTAL DEVELOPMENT-RELATED CAPITAL PROGRAM "'-' APPENDIX B.7 TABLE 1 TOWN OF TILLSONBURG SUM MARY OF DEVELOPMENT-RELATED CAPITAL PROGRAM TOWN-WIDE ROADS AND RELATED INFRASTRUCTURE 2014-2031 Existing Non-Growth Share Calculatlon2 Length Road Surface Year Total Cost Grants or Total Net Cost Growth Related (km) Work Estimate Subsidies Total Benefit to Total Benefit to Cost Sulface Existing$ Existing% 0.58 Asphalt Asphalt 2026 $ 320 000 $ -$ 320 000 $ 65250 20% $ 254 750 0.59 Asphatt Asphalt 2027 $ 690 000 $ -$ 690 000 $ 66 375 10% $ 623 625 0.32 Asphalt Asphalt 2019 $ 375 000 $ -$ 375 000 $ 36 000 10% $ 339 000 0.92 Asphalt Asphatt 2031 $ 110000 $ -$ 110000 $ 103 500 94% $ 6500 0.77 Asphalt Asphatt 2015 $ 900 000 $ -$ 900 000 $ 86 625 10% $ 813 375 Asphalt Asphalt 2016 $ 20 000 $ 10 000 $ 10 000 $ 0% $ 10 000 Concrete 2014 $ 110 000 $ 110000 $ 0% $ 110 000 n/a n/a n/a 2014 $ 300 000 $ 300 000 $ 240 000 80% $ 60 000 various $ 240000 $ -$ 240 000 $ 0% $ 240 000 2014 $ 7 500 $ -$ 7500 $ 0% $ 7 500 2015 $ 33 500 $ -$ 33 500 $ 0% $ 33 500 2016 $ 15 000 $ -$ 15 000 $ 0% $ 15 000 2017 $ 15 000 $ -$ 15 000 $ 0% $ 15 000 various $ 43630 $ -$ 43 630 $ 0% $ 43630 various $ 45 540 $ -$ 45 540 $ 0% $ 45 540 various $ 25952 $ -$ 25 952 $ 0% $ 25 952 2018 $ 35 000 $ -$ 35 000 $ 0% $ 35 000 2017 $ 30 000 $ -$ 30 000 $ 0% $ 30 000 2017 $ 30 000 $ -$ 30 000 $ 0% $ 30 000 2015 $ 18 500 $ -$ 18 500 $ 0% $ 18 500 2018 $ 15 000 $ -$ 15 000 $ 0% $ 15000 2018 $ 88 000 $ -$ 88 000 $ 0% $ 88 000 $ 3,467,622 $ 10,000 $ 3,457,622 $ 597,750 21% $ 2,859,872 1. For newly constructed projects benefit to existing or non-growth share is considered to be nil. For road widenings or upgrades, benefit to existing or non-growth share is based on the cost to the Town of repaving the existing sections of road twice to build-out of the Town. In short the non-growth share is the capital cost the Town would incur if there was no growth in the Town to 2031. The calculation of the non-growth share assumes the following resurfacing costs per km: 2-/ane esphalt Rural surface treatment $150,000 $50,000 HEMS ON ROADS AND RELATED 2014 OPENING CASH BALANCE $92.39 2014-2031 RESIDENTIAL FUNDING REQUIREMENTS -Roads And Related: Non Inflated $131.1 -Roads And Related: Inflated $131.1 NEW RESIDENTIAL DEVELOPMENT -Population Growth in New Units 145 REVENUE -DC Receipts: Inflated $112.5 INTEREST -Interest on Opening Balance $3.2 -Interest on In-year Transactions ($0.5) TOTAL REVENUE $115.2 CLOSING CASH BALANCE $76.5 ROADS AND RELATED 2024 OPENING CASH BALANCE ($105.87) 2014-2031 RESIDENTIAL FUNDING REQUIREMENTS -Roads And Related: Non Inflated $13.1 -Roads And Related: Inflated $16.0 NEW RESIDENTIAL DEVELOPMENT -Population Growth in New Units 126 REVENUE -DC Receipts: Inflated $119.1 INTEREST -Interest on Opening Balance ($5.8) -Interest on In-year Transactions $1.8 TOTAL REVENUE $115.1 CLOSING CASH BALANCE ($6.8) 12014 Adjusted Cha•ge •• , capita $775.70 I ~ APPENDIX 8.7 TABLE 2-PAGE 1 TOWN OF TILLSONBURG CASHFLOW AND DETERMINATlON OF DEVELOPMENT CHARGE ROADS AND RELATED RESIDENTIAL DEVELOPMENT CHARGE (In $000) 2015 2016 2017 2018 2019 $76.54 ($419.44) ($352.49) ($315.93) ($322.28) $588.2 $29.7 $63.0 $104.8 $238.4 $600.0 $30.9 $66.8 $113.5 $263.2 145 148 148 148 151 $114.7 $119.4 $121.8 $124.3 $129.3 $2.7 ($23.1) ($19.4) ($17.4) ($17.7) ($13.3) $1.5 $1.0 $0.2 ($3.7) $104.0 $97.9 $103.4 $107.1 $107.9 ($419.4) ($352.5) ($315.9) ($322.3) ($4n.6) 2025 2026 2027 2028 2029 ($6.77) $99.90 ($4.96) ($437.42) ($339.48) $13.1 $182.4 $427.6 $13.1 $13.1 $16.3 $231.4 $553.1 $17.3 $17.6 126 128 132 134 134 $121.5 $125.9 $132.5 $137.2 $139.9 ($0.4) $3.5 ($0.3) ($24.1) ($18.7) $1.8 ($2.9) ($11.6) $2.1 $2.1 $123.0 $126.5 $120.7 $115.2 $123.4 $99.9 ($5.0) ($437.4) ($339.5) ($233.8) HEMS ON 2020 ($477.62) $13.1 $14.8 153 $133.7 ($26.3) $2.1 $109.5 ($382.9) 2030 ($233.76) $13.1 $18.0 134 $142.7 ($12.9) $2.2 $132.0 ($119.7) 2021 2022 ($382.88) ($280.58) $13.1 $13.1 $15.1 $15.4 153 123 $136.3 $111.8 ($21.1) ($15.4) $2.1 $1.7 $117.4 $98.1 ($280.6) ($197.9) 2031 TOTAL ($119.73) $17.4 $1,900.7 $24.4 $2,160.5 137 2,491 $148.8 $2,288.2 ($6.6) ($210.4) $2.2 ($9.4) $144.4 $2,068.4 $0.2 Allocation of Capital Program ReSidential Sector Non-Residential Sector Rates for 2014 Inflation Rate. 2023 ($197.88)1 $13.1 $15.7 126 $116.8 ($10.9) $1.8 $107.7 ($105.9) Interest Rate on Positive Balances Interest Rate on Negative Balances 66.5% 33.5% 2.0% 3.5% 5.5% 110 APPENDIX C RESERVE FUNDS HEMS ON 111 APPENDIX C DEVELOPMENT CHARGES RESERVE FUND UNALLOCATED BALANCES Table 1 shows the unallocated reserve fund balances that are available to fund the development-related net capital costs identified in this study. All of the reserve fund balances are brought into account in the study. As shown on Table 1, the December 31, 2013 cumulative reserve fund balance was $776,888.62. This balances has been used to finance the prior growth shares in the capital programs. HEMS ON 113 APPENDIX D CAPITAL AND OPERATING COST IMPACT ANALYSIS HEMS ON Fire Protection Fire Station Renovation/Expansion Vehicles New Volunteer Fire Fighters Parks and Recreation New Facimies Park Development Trail Development Public Works and Fleet Fleet and Buildings Parking General Government Stormwater Roads and Related Road Reconstruction TOTAL ESTIMATED OPERATING COSTS ------- 1 "'-' APPENDIXD TABLE 1 TOWN OF TILLSONBURG ESTIMATED NET OPERATING COST OF THE PROPOSED DEVELOPMENT-RELATED CAPITAL PROGRAM $15.00 $0.05 $7,500 Net Cost (In 2013$) per additional sq. ft. I per$ of vehicle upgrade I per fire fighter no new net expendHures $0.10 I per$ of new infrastructure $0.05 I per$ of new infrastructure $0.20 per $ of new infrastructure no new net expenditures no new net expenditures no new net expenditures $200 I per household (In constant 2013 dollars) 2014 2015 $0.0 $7.5 $0.0 $0.0 $0.0 $0.0 $0.0 $7.5 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $3.0 $6.0 $3.0 $6.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $13.6 $27.2 $13.6 $27.2 $16.6 $40.7 HEMS ON Estimated Operating Costs ($000) 2016 2017 2018 2019 2020 $7.5 $39.0 $49.0 $56.5 $56.5 $0.0 $24.0 $24.0 $24.0 $24.0 $0.0 $0.0 $10.0 $10.0 $10.0 $7.5 $15.0 $15.0 $22.5 $22.5 $0.0 $2.7 $4.4 $6.1 $7.8 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $1.1 $2.2 $3.4 $4.5 $0.0 $1.6 $2.1 $2.7 $3.3 $9.0 $12.0 $15.0 $18.0 $21.0 $9.0 $12.0 $15.0 $18.0 $21.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $41.0 $54.4 $67.8 $81.4 $95.2 $41.0 $54.4 $67.8 $81.4 $95.2 $57.5 $108.1 $136.2 $162.0 $180.5 2021 2022 2023 $64.0 $64.0 $71.5 $24.0 $24.0 $24.0 $10.0 $10.0 $10.0 $30.0 $30.0 $37.5 $9.4 $11.1 $12.8 $0.0 $0.0 $0.0 $5.6 $6.7 $7.9 $3.8 $4.4 $5.0 $24.0 $27.0 $30.0 $24.0 $27.0 $30.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $109.0 $120.4 $132.0 $109.0 $120.4 $132.0 $206.4 $222.5 $246.3 APPENDIX D TABLE 2 -PAGE 2 TOWN OF TILLSONBURG SUMMARY OF TAX SUPPORTED FUNDING REQUIREMENTS Net Capital Cost of 2014 2015 2016 --. -·~.-···-··~ . ·-·-·--.. -~--.... ---.... ---... --- STORMWATER (6) Total Net Cost (1) 0.0 38.0 100.0 Net Cost From Development Charges (2) 0.0 5.5 100.0 Net Cost From Non-DC Sources 0.0 32.5 0.0 -Discount Portion (3L 0.0 0.0 0.0 -Available DC Reserves (4) 0.0 2.1 0.0 -Replacement & Benefit to Existin!l 0.0 30.4 0.0 -For Post 2023 Development (5) 0.0 0.0 0.0 ROADS AND RELATED (6) Total Net Cost (1) 437.2 971.7 44.7 Net Cost From Development CharQes 2 197.2 885.1 44.7 Net Cost From Non-DC Sources 240.0 86.6 0.0 -Discount Portion (3) 0.0 0.0 0.0 -Available DC Reserves 4 0.0 0.0 0.0 -Replacement & Benefit to Existing_ 240.0 86.6 0.0 -For Post 2023 Development (5) 0.0 0.0 0.0 TOTAL MUNICIPAL SERVICES Total Net Cost (1) 626.8 1,865.1 1,050.6 Net Cost From Develop_ment Charqes 2 254.8 943.0 692.0 Net Cost From Non-DC Sources 372.0 922.1 358.6 -Discount Portion (3) 5.7 25.6 5.0 -Available DC Reserves (4) 29.2 488.6 22.5 -Replacement & Benefit to Existing 316.9 191.8 60.3 ~ F~ Post 2023 Development 5) 20.2 216.2 270~ Notes: (1) For total development-related capital program see Appendix B. {2) Share of capital program to be funded from development charges if calculated rates are fully implemented (3) Mandatory 10% reduction for applicable services 2017 2018 2019 .... ---... ---, ... --- 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 94.7 157.7 394.7 94.7 157.7 358.7 0.0 0.0 36.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 36.0 0.0 0.0 0.0 1,443.6 1,586.6 1,333.6 490.5 263.1 459.9 953.1 1,323.5 873.7 7.3 7.5 9.4 86.3 10.9 0.0 636.9 1,051.8 544.1 222.6 253.4 320.2 - 2020 ... --- 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19.7 19.7 0.0 0.0 0.0 0.0 0.0 158.6 81.6 77.0 5.0 0.0 51.8 20.2 (4) PortiOn of development-related capital program identified as available DC reserves (to be funded from present Development Charge reserve fund balances). (5) Post 2023 development-related net capital costs may be eligible for development charges in future DC by-Jaws, but interim financing of this share may be required (6) Stormwater and Roads and Related Capital Program extends to 2031, only however ten~ year funding requirements are shown in this table. HEMS ON 2021 2022 2023 TOTAL ............ , ............ , , ............ ... ........... 0.0 0.0 0.0 138.0 0.0 0.0 0.0 105.5 0.0 0.0 0.0 32.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.1 0.0 0.0 0.0 30.4 0.0 0.0 0.0 0.0 19.7 19.7 19.7 2,179.8 19.7 19.7 19.7 1,817.2 0.0 0.0 0.0 362.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 362.6 0.0 0.0 0.0 0.0 298.6 158.6 183.6 8,705.9 81.6 81.6 104.1 3,452.3 217.0 77.0 79.5 5,253.5 5.0 5.0 7.5 82.9 0.0 0.0 0.0 637.4 51.8 51.8 51.8 3,009.0 160.2 20.2 20.2 1,524.2 117 APPENDIX E DRAFT DEVELOPMENT CHARGES BY-LAW HEMS ON 118 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER XX A by-law to establish development charges for the Corporation of the Town of Tillson burg WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter called "the Act") provides that the council of a municipality may pass By-laws for the imposition of development charges against land for increased capital costs required because of the need for services arising from development in the area to which the applies; AND WHEREAS the Council of The Corporation Tillsonburg") has given Notice in accordance Charges Act, 7997, of its intention to pass a by-law AND WHEREAS the Council of the Town of Ti heard no matter whether in objection to, or in s public meeting held on May 26, 2014; AND WHEREAS the Council of the Development Charges Background wherein it is indicated increase the need for of Tillsonburg ("Town of of the Development e said Act; I persons who applied to be t charge proposal at a before it a report entitled by HEMSON Consulting Ltd., within the Town of Tillsonburg will AND WHEREAS Development C were made relating to Tillsonburg pursuant to the Tillsonburg on ay XX, 2014 approved the applicable dated May 2014, in which certain recommendations of a development charge policy for the Town of Charges Act, 1997. NOW THEREFORE THE COU FOLLOWS: DEFINITIONS 1. In this by-law, L OF THE TOWN OF TILLSONBURG ENACTS AS 1) "Act: means the Development Charges Act, 1997, c.27; 2) "Apartment dwelling" means any dwelling unit within a building containing more than four dwelling units where the units are connected by an interior corridor; 120 g) interest on money borrowed to pay for costs in (a) to (d); required for provision of services designated in this by-law within or outside the municipality 8) "Council" means the Council of the Corporation of the Town of Tillson burg; 9) "Development means any activity or proposed activity in respect of land that requires one or more of the actions referred to in section 7 of this by-law and including the redevelopment of land or the redevelopment, expansion, extension or alteration of a use, bu9iolding or structure except interior alterations to an existin building or structure which do 10) 11) 12) not change or intensify the use of "Development charge" means a "Dwelling unit" means a room or intended for use by, one culinary and sanitary faci person or persons; "Grade" means the or structure at all ursuant to this By-law; or designed or Tnn<:>TMIIC>r, in which e exclusive use of such ground adjoining a building 13) c utility commission, public library board, other board, commission, committee or hed or exercising any power or authority cial Act with respect to any of the affairs or ity or any part or parts thereof; 14) "Local se s those services or facilities which are under the jurisdiCtion of municipality and are related to a plan of subdivision or within the area to which the plan relates, required as a condition of approval under s.51 of the Planning Act, or as a condition of approval under s.53 of the Planning Act] 15) "Multiple dwelling" means all dwellings other than single detached dwellings, semi-detached dwellings, and apartment dwellings; 16) "Municipality" means The Corporation of the Town of Tillsonburg; 17) "Non-residential uses" means a building or structure used for other than a residential use; 18) "Official plan" means the Official Plan of the County of Oxford and any 122 roof of the building or structure. CALCULATION OF DEVELOPMENT CHARGES 2. 1) Subject to the provisions of this By-law, development charges against land in the municipality shall be impoased, calculated and collected in accordance with the base rates set out in Schedule "B", which relate to the services set out in Schedule "A". 2) The development charge with respect to the use of any land, buildings or structures shall be calculated, in the case of residential development or redevelopment, or a residential portion of a mixed-use development or redevelopment, based upon the number nd type of dwelling units. 3) Council hereby determines that land, buildings or structures for enlargement or expansion of the se nt or redevelopment of II require the provision, Schedule "A". PHASE IN OF DEVELOPMENT CHARGES 3. The development charges im according to the schedule APPLICABLE LANDS 4. 1) is applies to all lands in the municipality, or use is exempt from taxation under Section 3 S.O. 1990, c.A.31 a) a board of education; b) any municipality or local board thereof; c) a place of worship exempt from taxation under s.3 of the Assessment Act; d) a public hospital under the Public Hospitals Act; e) a non-residential farm building; f) temporary buildings or structures as defined herein; g) affordable housing as defined herein. 2) This by-law shall not apply to non-residential uses as defined herein. 3) This by-law shall not apply to lands designated as "Central Business 7. 124 Planning Act, R.S.O. 1990, c.P.13; iii. a conveyance of land to which a by-law passed under subsection 49(7) of the Planning Act, R. S.O. 1990, c.P.13 applies; iv. the approval of a plan of subdivision under Section 51 of the Planning Act, R.S.O. 1990, c.P. 13; v. a consent under Section 53 of the Planning Act, R.S.O. 1990, c.P. 13; vi. the approval of a description under Section 50 of the Condominium Act, R.S.O. 1980, c.84; or vii. the issuing of a permit under the Building Code Act, in relation to a building or structure. 2) Subsection (1) shall not apply in respect a) local services installed or subdivision or within the condition of approval under 1990, c.P. 13; b) local services installed approval under "ec;uo" 13. owner within a plan of plan relates, as a . Act, R.S.O. owner as a condition of Act, R.S.O. 1990, c.P. Coun requiring, as a condition of an the Planning Act, that the owner, at his or I or for such local services, within the Plan of a to which the plan relates, as Council may MULTIPLE CHARGES 8. 1) Where two or more of the actions described in subsection 5(1) are required before land to which a development charge applies can be developed, only one development charge shall be calculated and collected in accordance with the provisions of this by-law. 2) Notwithstanding subsection (1 ), if two or more of the actions described in subsection 5(1) occur at different times, and if the subsequent action has the effect of increasing the need for municipal services as set out in Schedule "A", an additional development charge on the additional residential units shall be calculated and collected in accordance with the provisions of this by-law. 126 development charge is payable. 12. A credit can, in no case, exceed the amount of the development charge that would otherwise be payable, and no credit is available if the existing land use is exempt under this by-law. TIMING OF CALCULATION AND PAYMENT 13. 1) Development charges shall be calculated and payable in full in money or by provision of services as may be agreed upon, or by credit granted and defined by various references in the Development Charges Act, on 2) the date that the first building permit is ued in related to a building or structure on land to which a applies. Where development charges app permit is required, the building development charge has been paid to which a building issued until the RESERVE FUNDS 14. 1) Monies received shall be maintai ent charges under this bylaw funds as follows: non- servi police services and roadways; and I government, library, recreation and public 2) payment of development charges shall be used the provisions of Section 35 of the Act. 3) Council Municipal Treasurer to divide the reserve funds created hereu r into separate sub accounts in accordance with the service sub-categories set out in Schedule "A" to which the development charge payments shall be credited in accordance with the amounts shown, plus interest earned thereon. 4) Where any development charge, or part thereof, remains unpaid after the due date, the amount unpaid shall be added to the tax roll and shall be collected as taxes. 5) Where any unpaid development charges are collected as taxes under subsection (4), the monies so collected shall be credited to the development charge reserve funds referred to in subsection (1 ). 128 BY-LAW REGISTRATION 19. A certified copy of this by-law may be registered on title to any land to which this by-law applies. BY -LAW ADMINISTRATION 20. This by-law shall be administered by the Municipal Treasurer. SCHEDULES TO THE BY-LAW 21. The following Schedules to this by-law form an integral part of this by-law: Schedule A-Schedule of Municipal Services Schedule B -Schedule of Development C Schedule C -Map of Central Business Di DATE BY-LAW EFFECTIVE 22. This by-law shall come into force and SHORT TITLE 23. This by-law may be cited By-law, 2014". preneurial District burg Development Charges READ a first and cil this the ;xx day of June, 2014. READ a third ti Council this the XX day of June, 2014 XX XXX, Mayor XX XXX, Clerk Service General Government Fire Protection Parks And Recreation Public Works And Fleet Parking Roads And Related Stormwater 130 SCHEDULE"B"TO BY-LAW NO. OCX SCHEDULE OF DEVELOPMENT CHARGES Residential Development Charges Singles& Semis $34 $444 $347 $721 Residential Charge By Unit Type Other Multiples Apartments 2+ Bedrooms $24 $304 $159 $1,241 $56 $2,516 Apartments Bachelor or 1 Bedroom $18 $228 $178 $370 $120 $931 $42 $1,887 132 SCHEDULE"C"TO BY-LAW NO. MAP OF CENTRAL BUSINESS DISTRICT AND ENTREPRENEURIAL DISTRICT SCHEDULE '1"-T OHlV OFTILLSONBURG lAND USE PLAN COUNTY OF OXFORD OFFICIAL PIAN --- .C o en 0> c ·-C/) f.! 1- 0 . a."E C/) 0 ·-'+-"'C X -cO C'+-ro o . ~ ~ 0> ..... • c c ::.= :::J • "'C 0 ~ ffi (.) .. £. Q) ~£. 0> ..... ca c c ·g ~ "'C 3: ~"'C 1.... Q) J2ro a.'- ro ~ E m "'CO) ro m 0 ..... 1.... C/) <( ~ - I .I '''!\~_-.:.:r""'i-· ·_._;j" ~ '~ -~ '='.' .. \~_ 1) -,• -f.? I ··,,~ :1' ,.\._ ~~=-~~\-' _.~ ;._ .· .'ll_'-'·_·«; " ,_. ,._., ,.,._ . !'"'"'< . -,;· ' ~-----:. ' . \~\1:1 V'J ----~~-~--' :-:~ .. . ~-,~· ; .' ·--, I -. -:·) .,. __ -:::-.. . ·~ ---. "-. . -..;;: ~~"~> ~ f\. ~."' "' _' ~ \ . "-------·'!"' I ·\,,,.,~· :-,.. t,~i·\~l'. >r ,:; c~ @->'$; -·~ . I ~,',)'-;_5 • . ·' :"'•t . . -~· . -~-,-.-~~" .. _,,~.!'~ -~~ ~ ..... .:.,..-i.i : ..,;·!" I Current State of Affairs • 30 years of landfill space rema1n1ng • Garbage tonnage decreased by 50,000 since 2006 • Tipping Fee Revenue decreased by $2 million since 2007 • Residential Diversion Rate = 58°/o in 2012 • Diverted tonnage increased by 16,000 tonnes since 2007 100,000 90,000 80,000 70,000 60,000 50,000 $5,000,000 $4,500,000 ~ J \-" I $4,000,000 ,, ,' , , I \ ' ', ,--.... I $3,500 ooo , .... I I $3,000,000 $2,500,000 40,000 , $2,000,000 30,000 $1,500,000 20,000 $1,000,000 10,000 ~ $500,000 0 M N m ~ ~ ~ ~ 00 m 0 M N m 0 0 0 0 0 0 0 0 0 0 M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N -TOTAL WASTE LAND FILLED -TOTAL DIVERTED ---TOTAL TIPPING FEES $- ~dCoun~ · r~g stronget: .. together ---- 1 I -\\\''' ~.-\~.,~~· ~"<:-. ~~\rf~·;}~r./~:' - -'if. ~"' .• I;:.:(...: •. ,· "IR'L . ,·~~@a ··ii -' . ',~.;_-::," -- System Improvement Options: Requiring Public Engagement . Six Day Collection of Garbage and Recycling • Offers 1 0-15°/o savings on collection costs • Enables the County to almost double the frequency of blue box collection • Eliminates Saturday collection caused by statutory holidays 1 • Reduces the number of collection vehicles required 1A'"Lror4Coun~ ... r~g stronger. .. together -I System Improvement Options: Requiring Public Engagement ... ··_·~ ~. ·-.~. ;-. ""''i~-~~a~·~:~~>. ·• ~~-..... ' . ",.'---~~ ; ? ::_lt.;··. -. ·-\A#" ' .. ,\~ ·~~· <·,.~;"--,~ ( . ·. '--·~_\1~' ~-_,. A , --~~~ £1J. I ,r:---"'"-.' ) ~ ~~"~:, ~\"~~ 1'lo ' I _,,,,,i\1 -:",~,~.\·~~~~~~~ .. ~-~·. ·-; ·r·:>:~/?~:'. --:;t,: ·?fh f -~~·-':'~"-.· , ~,,L ~ ., ""!:"! I lil.rordCoufl!r. ... ~~g stronger. .. together '- 1 \i;J~:~~i-'"' ' .. :-:__-,~-' __ 4 ··-· '->... .:\.f~~ s ~ --~ ~:;:.~ ---\tt:. ':~>. /:~ ~ A :-..-;r. .. £;:fA . I -___ ...._' .... ;::::?>~" (,~"~·:~ ~\''~ ~· --~ I . ~"'"~" . -::· : ~ .~i'\~t'bl'-~---~~;r#/,;~;f;;. -•li' .~# .··_,IIi 1 ···,:~-~ • w 1;...'1 . '' : ''l ~ ( ·""· • -~--J '. -·-:-,,~,~-.: -,...~ . ' ·' ... l.i ..... -~-i,i:" ·<e I System Improvement Options: Requiring Council Approval Collection Efficiencies Curbside Routing Efficiency Analysis • Full utilization of equipment and labour will increase program efficiencies and reduce costs Local Transfer Station Options • Eliminate costs and service delays associated with direct haul to out of County processing facility liJOr4Coun~ r~g stronger. .. together ._., I I I ·fl.'-'''~ ~ .. :~:.,~.\¥·~~\'. ~ -~''' ~-; .. ;: ·,~~:~?.;;i ' -"'iot-'. Xu -·~ t ~Z·'4/' - '. ,' ·t·:t ·"'· .,.... . '. -:'~1~,,. ·.-:~ 'l ·. ,r-.,·~'-~ ~ ... ~.;,;··'"':r I System Improvement Options: Requiring Council Approval To move towards a sustainable community the County should: • Introduce material bans for recyclable materials with a collection program in place. • Initiate an IC&I waste diversion and promotion and education program. liLrvrdCoun~ h r~gstronger: .. toget er I -,A-;~~:.!&1.· .~·· ._ ·. ~'-.. ~ .....•.. -' .·--·., \ ., ·< 1.\,~~ : ·~ lC1."'. ---\J-·,~,-~" ~~:.~ •.... 11: !;~~ .·';!~· ~' llt i • \., •i :~ _.; , -A. ... . :>:.!£ . £4 , I I Waste Management Strategy Timeline Public Draft Integrated Waste Public Engagement ·Public Engagement Engagement Management Plan Telephone Survey -2nd Electronic Survey; Oper{ Ho4se; 1st Electronic Staff presented 400 respondents Committee Meeting Survey GENIVAR's Draft Plan to Let's Talk Public Works 726 responses County Council Campaign-7 49 visitors Steering Committee Meetings Two meetings Rep. from Council, area Municipalities, and IC&I Facilitated Councillor Workshops Two workshops to review GENIVAR's Plan and obtain input into the development of a County Plan. Draft Waste Management Strategy Staff present Draft Strategy to County Council Draft Waste Management Strat~gy · Staff present Draft Strategy to County Council -·~-~--- a1Jvr4Coun~ .. r~g stronger. .. together STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: AGREEMENT WITH TILLSONBURG SCOUTING ASSOCIATION FOR THEIR USE OF GIBSON HOUSE Report No.: PRS 14-11 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: • FACILITY USE AGREEMENT RECOMMENDATION THAT Council receives report PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House as information; AND THAT Council authorize a non-exclusive Facility Use Agreement between the Town of Tillson burg and the Tillson burg Scouting Association. EXECUTIVE SUMMARY In 1968 Council authorized the use of Gibson House by the Tillsonburg Boy Scout Camp Committee by resolution. Since then, various iterations of the group have used the building for meetings and storage of their equipment, but no formal agreement setting out expectations was ever put in place. The Tillsonburg Scouting Association has indicated they want to continue to have exclusive use of Gibson House. Staff has been negotiating with representatives of the Tillsonburg Scouting Association to arrive an agreement. BACKGROUND In February 1968, Town Council approved the following resolution: "RESOLVED THAT subject to the approval of the Tillsonburg Public Utilities Commission, the Concession Street pump house be made available to the Tillsonburg Recreation Commission for the purpose of the Tillsonburg Boy Scout Camp Committee." Since then various groups associated with Scouting in Tillsonburg have used Gibson House for meetings, equipment storage, activities, and fundraising initiatives. In 2013 PRS staff allowed another group to store a small boat in the Gibson House. Out of this situation it became clear that the Scout group understood that they would enjoy exclusive use of Gibson House, which did not match the expectation of PRS staff. The need for an agreement that clarified the arrangement led to a draft agreement being developed, shared & discussed with representatives of the Scouting groups, and finally being reviewed by the Town's lawyers. 1/3 PRS 14-11 -Agreement with Tillsonburg Scouting Association. do ex CAO \ ) FINANCIAL IMPACT /FUNDING SOURCE N/A APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-11-Agreement with Tillsonburg Scouting Association.docx Rick Cox, Director Of Parks & Recreation Rick Cox, Director Of Parks & Recreation Darrell Eddington 3/3 DATE: 2014-APR-17 DATE: 2014-APR-17 DATE: CAO THIS FACILITY USE AGREEMENT made this [•] day of [•], 2014. BETWEEN: RECITALS: Tillson burg Scout Association (hereinafter called "Scouts") -and- TOWN OF TILLSONBURG (hereinafter called the "Municipality") WHEREAS the Municipality owns the building and park lands known as "Gibson House" and the "Gibson House Dock" (the "Municipal Lands"); AND WHEREAS the Parties are entering into this Agreement to set out their understandings in connection with the permitted use by the Scouts of the Municipal Lands; NOW THEREFORE in consideration of Two Dollars ($2.00) paid by the Scouts to the Municipality, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Scouts and the Municipality agree as follows: 1.0 DEFINITIONS 1.1 In this Agreement, unless the contrary intention appears: (a) "Agreement" means this facility use agreement and all schedules attached hereto; (b) "Law" and "Laws" shall mean and include all applicable laws, by- laws, regulations, requirements, orders, notices, policies and directions of all governmental or regulatory authorities and any other persons having jurisdiction over the Municipal Lands, the Parties or any of them; (c) "Municipal Lands" has the meaning set out in the first recital of this Agreement; 2.0 MUNICIPAL LANDS 2.1 Subject to the terms of this Agreement, the Municipality agrees that the Municipal Lands may be accessed and used by leaders, administrators and members of Scouts, on a non-exclusive basis, for recreational purposes specifically related to the operation of the Tillsonburg Scout Association. Gibson House agreement Final.docx 1/6 2014-APR-03 \ ) -3- (a) place or erect any new or additional structure on the Municipal Lands; (b) dig on or intentionally alter the surface of the Municipal Lands; (c) make any identifiable tenant alterations or improvements (d) mark or paint any surface of the Municipal Lands; (e) leave any litter or refuse on the Municipal Lands; (f) post or display any new or additional Municipal Lands or any structures (g) park any vehicle on the Mu · · basis in the designated publ foregoing, the Scouts s Municipality to dock up boats) on Lake Lisgar. Any additions, alterations or ren Scouts shall immed agreed to in writing than on a temporary Notwithstanding the ission from the water craft (sail by the unless 3.0 PROGRAMS 3.1 The 4.0 4 .. 5.0 rams held on the of its own programs, nth of rand so long as this Agreement rperson of the Tillsonburg Scout Association Parks & Recreation shall meet at a mutually ocat n order to discuss matters of mutual concern to the subject matter of this Agreement. 5.1 This Agreeme I take effect upon its execution and shall continue for a period of three (3) years at which time it will renew automatically on an annual basis, unless either Party provides notice of termination in writing at least sixty (60) days prior to the expiration of the then current term. 6.0 INSURANCE 6.1 Throughout the term of this Agreement, Scouts shall obtain and maintain the insurance shown below: Gibson House agreement Final.docx 3/6 2014-APR-03 - 5 - Or such other address or individual as may be designated by notice by the Parties to the other. Any Communication given by personal delivery, email or facsimile transmission shall be conclusively deemed to have been given on the day of actual delivery thereof if given prior to 4:30 p.m. on a business day, and if given after 4:30p.m. or not on a business day, on the next business day, and, if given by prepaid mail, on the fifth business day following the deposit thereof in the mail. If the Party giving any Communication knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such Communication shall not be mailed, but shall be given by personal delivery, facsimile or email transmission. 8.4 This Agreement with all attached Schedu agreement between the Parties relati Agreement, and supersedes all prior understandings, negotiations, a constitutes the entire subject matter of this raneous agreements, er oral or written, ·ons, or other with respect thereto. There a agreements between the P this Agreement except as """''"'TI 8.5 This Agreement shall the laws of the P 8.6 Name: Title: ubject matter of nee with any of the Lands, other of both Parties. Agreement as of the ASSOCIATION THE CORPORATION OF THE TOWN OF TILLSON BURG Per: Name: Title: Per: Name: Title: Gibson House agreement Final.docx 5/6 2014-APR-03 THE CORPORATION OF THE TOWNSHIP OF NORWICH May 14,2014 To: Agencies and Parties affected by the proposed Swance, Kellett & W.E. Russell Municipal Drains 2014 Enclosed is a copy of the Swance, Kellett & W.E. Russell Municipal Drains 2014 Report prepared by Dietrich Engineering Limited dated April 8, 2014. The Report was filed with the Township ofNorwich on April23, 2014. The report will be considered at the Council meeting to be held on Tuesday June 3, 2014 at approximately 9:00 a.m. in the Council Chambers, 210 Main Street East, Otterville, Ontario. The specific time at which this issue will be dealt with will depend on the progress of the meeting. As per the Drainage Act, please find enclosed a Notice of Drainage Works. Should you require any further information or clarification, please do not ·hesitate to contact the undersigned. ka Encl. The Corporation of The Township of Norwich 210 Main Street East 1 P.O. Box 100 1 Otterville, Ontario NOJ 1RO Phone (519) 879-6568 or (519) 863-2709 1 Fax: (519) 879-6385 1 www.twp.norwich.on.ca Request for Nominations 2014-2016 AMO Board of Directors May 8, 2014 To: Head and Members of Council From: Grant Hopcroft, Secretary-Treasurer, AMO Please be advised that in accordance with the Association's governing by-law, the Secretary- Treasurer is requesting nominations to the 2014-2016 AMO Board of Directors. Attached please find: • A summary of the offices for which elections will be held at the 2014 Annual Meeting,· • An estimate of the annual time commitment required to serve on the AMO Board of Directors and for those who will then serve on the AMO Executive Committee; and • Nomination Form The names of all qualified individuals who are duly nominated will appear on the ballot for election to the Board. Please forward a completed Nomination Form to the Association via fax at (416) 971-6191 or mail to the attention of Pat Vanini, Executive Director. Qualified Nominees must obtain a Council resolution of support which must also specify the Caucus for which the individual is nominated. Please note that the AMO Bylaw No.2 stipulates that a member municipality can only have one representative on the Board unless another representative is on the board as an appointed official. See Section 3.4(e). A completed Nomination Form and supporting material must be received no later than 4:00p.m. Friday, june 20, 2014. Nominations will not be accepted beyond that date. AMO's Chief Returning Officer, Peter Fay, will certify the nomination. All candidates will be contacted to confirm receipt of their nominations and at that time will receive further information on the election process. If you have any questions regarding this information, please contact Pat Vanini, Executive Director at (416) 971-9856, ext. 316, e-mail pvanini@amo.on.ca or Lorna Ruder, Executive Assistant, ext. 341, email lruder@amo.on.ca. ) AM Associationof Municipalities Ontario SUMMARY OF OFFICES AMO Board of Directors 2014-2016 Elections will be held for the 2014 -2016 AMO Board of Directors consistent with the AMO By-law No. 1: • President. • Secretary-Treasurer. • 6 County Caucus Directors. To be Elected: Three elected officials and one municipal employee to be elected by caucus constituency at the conference. Appointed: Chairs of the Eastern and Western Ontario Wardens Caucuses. • 7 Large Urban Caucus Directors. To be Elected: Five elected officials and one municipal employee to be elected by caucus constituency at the conference. Appointed: Chair of the Large Urban Mayors' Caucus of Ontario. • 6 Northern Caucus Directors. To be Elected: Four elected officials to be elected by caucus constituency at the conference: two from the Northeast and two from the Northwest. Appointed· Chairs of the Federation of Northern Ontario Municipalities and the Northern Ontario Municipal Association. • 7 Regional and Single Tier Caucus Directors. To be Elected: Six elected officials to be elected by caucus constituency at the conference. Appointed: Chair of the Mayors and Regional Chairs of Ontario's Single Tier Cities and Regions. • 6 Rural Caucus Directors. To be Elected· Four elected officials and one municipal employee to be elected by caucus constituency at the conference. Appointed: Chair of the Rural Ontario Municipal Association. • 6 Small Urban Caucus Directors. To be Elected· Four elected officials and one municipal employee to be elected by caucus constituency at the conference. Appointed· Chair of Ontario Small Urban Municipalities. Each of the above caucus members shall serve a two-year term. Excerpt from AMO Bylaw No. 2, Section 3.4 (e): No Member Municipality may be represented on the Board by more than one Director elected to the Board (either a municipal elected official or a municipal employee) except in the case where the Director is an appointed Director as set out in Section 3.4 b) ii), or the City of Toronto (Section 3.4 c). 3 Ministry of Citizenship and Immigration Deputy Minister 61h Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: 416 325-6210 Fax: . 416 325-6196 May2014 Dear Friends: Ministere des Affalres civiques et de !'Immigration Sous-mlnistre 6° etage 400, avenue University . Toronto ON M7A 2R9 Tel.: 416 325-6210 .. rerec.: 416 325-6196 f'~ t > ~r Ontario Each year;· the G(:)vernment of Ontario celebrates the accomplishments and contributions many of our wonderful seniors make to communities across Ontario. This year, the Senior Achievement Award will once again highlight the significant voluntary and professional achievements made by individuals after the~ have reached the age of 65. I encourage you to participate in the 2014 Senior Achievement Award Program by nominating a deserving senior. Online nomination forms and infonnation outlinif!.g details of the program, the selection criteria and the procedures followed are available at: · www.ontario.caih.onoursandawards .. · The deadliD.e date for nomination is June 15. If you require further information, please contact the Ontario Honotirs and Awards Secretariat in Toronto at416~314~7526, toll-free at 1~877~832~8622 or TTY at416~327~2391. Thank you in advance for taking the time to consider putting forward the name of a special senior in your community for a Senior Achievement Award. Sincerely, ,r~ v .. ···· ~. ,.····· / ,.----,-Cfri~anga Puta-Chekwe D6puty Minister 11..244 \ J Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS OFFICE FILLING THE VACANCY FOR THE POSITION OF COUNCILLOR CL 14-13 DONNA WILSON COUNCIL MEETING MAY 12,2014 2010 MUNICIPAL ELECTION RESULTS LETTERS OF INTEREST THAT Council receives Report CL 14-13, Filing the Vacancy for the Position of Councillor. EXECUTIVE SUMMARY The purpose of this Report is to provide for an accountable and transparent process for filling the vacant seat of Councillor for the Town of Tillson burg for the remainder of the term of Cou neil. BACKGROUND At the Council meeting of May 2, 2014, Council declared the Council seat to be vacant and therefore, in accordance with section 263 (5) of the Municipal Act, Council has 60 days from May 2, 2014 to appoint a person to fill the Council vacancy. At that same Council meeting, Council passed the following resolution: "THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option B, as captured in Report CL 14-12." Option B of Report CL 14-12, states that Council may appoint an eligible elector or the next runner-up from the 2010 election. This option is somewhat broad and as Council did not narrow the options to either an eligible elector or the next runner-up from the 2010 Municipal Election, the process has allowed for nominations. Two eligible electors have submitted their interest for the Councillor position. Attached are their letters of interest for review and consideration. CAO FINANCIAL IMPACT/FUNDING SOURCE Costs to be accommodated in the current year operating budget. APPROVALS Author Name/Signature Donna Wilson DATE: May 5, 2014 Finance/Signature N/A DATE: CAO Name/Signature David Calder DATE: May 6, 2014 3 CAO Vacany BRENDA to: Donna Wilson/Tillsonburg 05/01114 01:46PM Hide Details From: "BRENDA" <wfcarroll@kwic.com> To: "Donna Wilson!Tillsonburg" <DEWilson@tillsonburg.ca>, Security: Page 1 of1 To ensure privacy, images from remote sites were prevented from downloading. Show Images History: 'This message has been replied to and forwarded. Donna I am sending this to you for circulation to members of Council, if appropriate to do so. Letter of Interest to fill Mayor or Council seat, if needed. The purpose of this letter is to formally express a willingness to serve again if nominated. I certainly have experience in both roles and while there has been a lengthy absence I have stayed informed in matters of Council and County. I have no aspirations beyond an interim involvement but I am willing and able to serve the Community for the remaining term if needed. Thanking you in advance for your consideration, which in it's self is an honor. Yours truly, Brenda Carroll This email is free from viruses and malware because avast! Antivirus protection is active. file:/ //C:/Users/D EWilson/ AppData/Local/Temp/notesD39658/~web3205 .htm 5/06/14 \ I May4, 2014 Stephen B. Molnar 19 Hillyndale Road, Tillsonburg, Ontario N4G 2W3 Town ofTillsonburg 200 Broadway-2"d Floor, Tillsonburg, Ontario N4G SA7 Attention: Donna Wilson-Clerk RE: Vacant Councillor Position (Report CL 14-12) Ms. Wilson, In regards to a recent Resolution at Tillsonburg Municipal Council (Report CL 14-12 of May 2, 2014) and the potential direction that may be enacted regarding Option 'B', I offer the following information for Council's consideration. It is my intention, by way of this correspondence, to indicate to the Clerk, CAO, Members of Council and the residents of the Town of Tillson burg of my interest in filling the vacant Councillor position for balance ofthe current term of office. I can further confirm that I am eligible as referenced in Option 'B' and highlighted in the Municipal Elections Act. I have thirteen years of municipal governance experience (1997-2010) and remain active in promoting the growth of our community. I have remained up to date on the majority of local initiatives and am committed to acting without any bias in supporting the corporate direction as already established in the 2014 Budget and Business Plan. My experience with the Municipal Act, Tillsonburg Procedural By-law, Police Services Board, Hydro Board (THI) and other legislated responsibilities should assist in providing for a smooth transition. I remain available to discuss this opportunity further and wish Council well in their deliberations on this matter. Regards, Stephen B. Molnar CC: CAO and Council \ J Appendix B-2010 Election Results 4,706 electors voted in the 2010 Tillsonburg municipal election out of a total of 11,850 electors. Tillsonburg Municipal Election Results 2010 MAYOR TOTAL John Lessif 2501 Stephen Molnar 2194 DEPUTY MAYOR Mark Covey 1138 Rick Miggins 1417 Mark Renaud 2021 COUNCILLOR Dave Beres 2882 Debbie Brady 1129 Dianne I. Clark 993 Mel Getty 2468 Bill Hildebrand 944 Marty Klein 2098 Sam Lamb 1556 Brad Lemaich 1027 Chris (Chrissy) Rosehart 2594 Brian Stephenson 1848 Jim Van Rybroeck 1775 \ j STAFF REPORT CLERKS OFFICE Title: FOLLOW UP-FILLING THE VACANCY FOR THE POSITION OF COUNCILLOR Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION CL 14-16 DONNA WILSON COUNCIL MEETING MAY 26,2014 VAN RYBROECK WITHDRAWAL THAT Council receives Report CL 14-16, Follow Up, Filing the Vacancy for the Position of Councillor. EXECUTIVE SUMMARY The purpose of this Report is to provide for additional information received after the Council meeting of May 12, 2014. BACKGROUND At the Council meeting of May 12, 2014, Council deferred Report CL 14-13, Filling the Vacant Council Position as one of the applicants was not able to be present at the meeting. The Clerk received an email the following day from Jim Van Rybroeck withdrawing his name from the list of candidates to fill the vacant Council position. A copy of the email is attached. Also since the last meeting an additional eligible elector has submitted his interest for the Councillor position. Attached is the letter of interest from Rick Miggens for review and consideration. Therefore, currently there are three eligible electors who have submitted their interest for the Councillor position, Brenda Carroll, Stephen Molnar and Rick Miggens. Staff recommends that the process contained in Report CL 14-13 be proceeded with in order to fill the Council vacancy. FINANCIAL IMPACT/FUNDING SOURCE Costs to be accommodated in the current year operating budget. CAO ) Good Morning Donna I respectfully request that you remove my name from the running. J no longer wish to s(and. I saw something last night that quite frankly left me with a bad taste. Thanks! Jim Van Rybroeck mail@vanrybroeck.ca Fax 519.688.3793 Ph. 519.842.8558 P.O.Box351 Tillsonburg Ont. N4G2C3 \ ) Hi Donna: Council vacancy Richard Miggens to: dewilson 05/21/14 03:58PM Hide Details From: Richard Miggens <rmiggens@gmail.com> To: dewilson@tillsonburg.ca, Please add my name to the potential candidates list for appointment to council. Is Monday's meeting scheduled for 7:00pm and is that the time I need to be there? Thanks Rick Miggens file:///C:/Users/DEWilson!AppData/Local!Temp/notesD39658/~web7203.htm Page 1 ofl 5/21/14 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNO. 3818 A BY -LAW to appoint a Councillor for the Town ofTillsonburg. WHEREAS a vacancy for the office of Mayor has been declared, as pursuant ofthe Municipal Act, 2001, S.O. 2001, Chapter 25, Section 262.(1); AND WHEREAS the Council ofthe Corporation of the Town ofTillsonburg deems it is necessary and expedient to appoint a Councillor for the Corporation of the Town of Tillson burg; THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT _______ be hereby appointed as Councillor. 2. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 26th day ofMay, 2014. Read a Third and Final Time and passed this 261h day ofMay, 2014. Mayor-Dave Beres Town Clerk-Donna Wilson Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS OFFICE SALE OF 3 JOHN POUND ROAD CL 14-18 DONNA WILSON COUNCIL MEETING MAY 26,2014 OFFER OF PURCHASE & SALE SALE OF LAND ADVERTISEMENT WILLAERT REALTY LTD LETTER OF OPINION THAT Council receives Report CL 14-18, Sale of 3 John Pound Road; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to complete all documents to procure the sale of Part of lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41R-7261, municipally known as 3 John Pound Road. EXECUTIVE SUMMARY The purpose of this Report is to obtain Council endorsement for the sale of municipal lands that have been deemed surplus to the needs of the municipality. BACKGROUND In April 2012, the Town of Tillsonburg Revenue Manager registered a tax arrears certificate on title against the property known as 3 John Pound Rd, as per Section 373(1) of the Municipal Act, 2001. In August of 2013 also in accordance with the legislation, the land was advertised for tax sale. There was no successful purchaser, therefore according to section 379(5) of the Municipal Act, the Revenue Manager registered in the name of the municipality, a notice of vesting. The following resolution was passed at the Council meeting of October 15, 2013: "THAT Council receive report FIN 13-39, To Vest the Property located on 3 John Pound Road; THAT Council authorize the Treasurer to vest the property on 3 John Pound Road, Part of lots 1463 & 1464, Plan 500, into the ownership of the Corporation of the Town of Tillson burg; CAO APPROVALS Author Name/Signature Donna Wilson DATE: May 20, 2014 Finance/Signature Darrell Eddington DATE: May 21, 2014 CAO Name/Signature David Calder DATE: May 21, 2014 3 CAO Agreement of Purchase and Sale This Agreement of Purcha5e and Sale d~ thls ............. J.~ .............. clay of .................... M!l ..................... 20.~~ .. .. BUYER, .... ~~~~-~-~~~.1!1.C?: ............ jFUfl.reg.il'iiam8$'cii'Cif&p;$)'''"'''''"'"'"'''''···· .. ··•• ............. , agrees to purehase from SEUER, ... 'f.I:I.~.9.C?.~~-~H~!!~~-~~~-cilf581!iiisj'"' .......................................................... , the following REAL PROPERTY: Address .. ~-~~~~-~~~~-~~: ..................................................................................................................................... . fronting on the .......................... ?!~ ........................... aide of ............................. ~!?~.~~~-~c:l: ........................... .. in lhe .. !~!!!!.~!.r!!!~.~-~.':'.-:9. ................................................................................................................................... .. and having a frontage of .......................................... mere· or iess by a depth of ........................................ mare or leis and legally described as .. ~.~~-~~-~-~-~~-~!!!!.~?-~~-~t~1.~~?.~i.~.~~-~~-~ .. ~.E!~~-~~~L ........ ....................... ............ ife&iiiii.iierip.;;;;n;.;;d'rii~r~i~i'i~~;·n;;;deic~liiil'elieWfiiiii'''''''""'' .......................... (the "properly"). PURCHASE PRICE: DcUars (CDN$).~:!~ .. -··········~······ ......... ~ .. •·•······ -~~~ ............................................................................................................................................................. DoRars DEPOSIT: Buyer submits .. ~P.~~-~~~':1.~ ........................................................................................................... .. . [Herewah/Upon Acceploace/o• otherwise described 1n 1his AgriiiiiMIIij -~~ ..................................................................................... : .................... Dollars ICDN$) .. 1:!!! .............................. . by negotiable cheque poyable to .• ~~.!!!~~!!~ ....................................................................................... "Deposit Holder" to be field In 1ruat ~!19 cCmpletion or other terminalion of lhls ~ ancltc be aeclilecllo'NI:Id the Purchase Price on c:cmplelion. For the putp!)Ses of this Agreement, "Upon Acceptance" shall mean that the Buyer is required to deliver the dep_osit to the O~it Holder wilhln 24 hours of the acceptance of this Agreement. The ~ to thls Agreement heiebv adc.noWfedae that, unl8ss otherwise provided For in this Agreement, ~ Deposit Holder sholl piQce the clepc)s!t rn trua1 in the Deposit l1older's non-inlerest bearing Rd Estate Trust Account and no inlerest shall be earned, l'eC!Iiwcl or paid on the deposit. Buver agrees to pay the balance as more particularty .set aut in Schedule A allached. SCHEDULE($) A .................................................................................... attached hereto fonn(s) part of this Agreement. 1. IRREVOCABILm: This offer shaH be irrevocable by ................. ~.~~ ................ until ........ ~:!!! ........ a.M-./p.m. on (SeiJ_,/ByYII} ~e~-~~ii'b~·!r~~~~f~~id'a~:! d~f;~it·~~ii'b':-;!fu~;~r.;·ih~·au~~ ~'1fu.li'~tut1n:e~~e, if not accepted, lhls 2. COMPLDION DATE: This Agreement shall be completed by no later than 6:00p.m. on the ........... J~!! ............. day of .................. ~~~ .................. , 20 -~-~-----·Upon r;omplelion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. INITIALS OF BUYER(S): C.L> INITIALS OF SEUER(S): ~ llJ 0201•. a.-Roo! r--["CEA1. Allfghb......_Th~>n_.........,byOW.bbiiiOCIIII,......,.,oliia"""'*'cnl'-.... _ ...,_AfttoN<~~~ecorwp<educ!iot.h""""llilod.....,.,..prior_!10111<011oiOIIfA11o,....,.....,pril<illgarllfl'ld.ciogil>e"""""""lftl'lpdGII hnn 100 Revised 2014 Pop t of 8 7llls IDmt Is llctriSIIIIIM 1111 Or .MMD AIINDI.DHtrCHON onfr, B. Tin.& SEARCH: Buyer iholl be aUowed until6:00 p.m. on the ........... ?!':' ........... day of .............. ~f. ............ , 20.~1 .. , IReauisifion .~ lo examine !he tide to the ~FlY, at Buyer's own exP,ense and until the earlier of: (I) thirty Cloys li'Om ihe ratet of the Requisition Dote or the date on Which the conditions in this hueement are fulfiHed or OtherWise waived or; (ii) five days pr1ar to compleficm, to satisfy Buyer lhat there are no avlsfonaing work ordel'i or deficiency notice& affec:tlng the P.foperly, and that Its ~ent uae( .. !!~~J!~ ................................................................................... J may be lowftilly continued and that the principal building m~ be insured a_gaiml risk of fire. Seier hereby consents to the munic;!Pality or other governmental agencies releasing to B~ detads at -aH outstanding work orders and deflc_!ency notices attec:li"!! the property, and Seller agrees lo execute and Cleliver such furlher cwthorizallons In this regard as Buyer may reosonatlly require. 9. RITURE USE: SeUer and Buyer ggree that there is no re~totion or warranty of any kind that the luture intended use of !he properly by Buyer is ot will be lawful except as niay be speciftc:ally provfded for in this Agreement. 10. nTLE: Proviclecl that the fille to the prapetjy is goad and free from all registered reahidions, charges, liens, and encumbrances except as otherwile ~~lay provided In this Agreement and save and except for (a) ariY. registered restrictions or covenants that run wlih lhe laild ~iding that sui:h are comRlied with; fb) any ragi1tereCI municipal ~ments and reg~ agreement& with pu61ie1y reg,ulaled utilitiea prcviCtlng such hOVe been complied with, 1!lr secunty has ~ ~ lo ensure compliance and comJl!eHon, as evidenced by a letter from the relevant municipality or regUlated utiliw, (c) a~minor easemllflls for the supPly of aomutfc ulltlly or teleohone services lo flte P,fopeQy or adloCieent ~l*tli5; Ond dJ any easements for drainage, storm or sanitary sewer&, pubhc utility lines. telephone Jmes, · ea&le teleVision lines or o r services which do not materially affect the 11$8 of the property. If within tfie spec:itled limes referred lo in paragraph 8 any valid objection 1o tille Qt to allY. outstanding work order cir deaciancy notice, or to the fact the said presenl use ~ not lawfullY. be conlinuedbior that lhe principal building IIK!Y nat be insured against risk of fire fs made in writinq ro Seller and whiCh Seller is una e or unwilli1!9 to remove, remedy or satls~ or obtaln insurance save and except agamsl risk of fire ~ Insurance) in Favour of tluit Buyer and any mortgaeee, (wllh all related Q)$1$ at the expense of the Seller}, and which Buyer will not waive, this Agreement no1Withstandmg any intermectiCde acts or rtegOtlations in ~ of mch objections, shaH be a1 an end qnd au monies paid shaD be returned without Interest or deiluction a~ Seller, Ulling Brokerage arid C~rallng Brakerag• shal net be liable For any cosls or ~-Save as to any valid objectlon so made by such ~ and ex~ for any obJection going to the root of the tlfle, Buyer shall be c:ondusiVely deemed to have aceepred Seller's tide to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and B!JYer retain a ~ 10 complele the Agreement of Purchase ond Sale of the prop~ and where the transaction will be com~lelecl by electronic resistration _pursuant to Part Ill c:af lhe Land Registration Reform Ad, R.S.O, 19901 Chapter L4 and the Elecironic R!19islralion Act, S.O. 1991, Chfun(g)fer 44, and ary amendments thereto, the Seller ana BU)!t acknowl~and Clgree that the exchange of dosing cfs, n~istrable documents and other Items (the "Requ11ite Deliveries and the release thereof to tli'e Seller CJni:l Buyer will Jal not occur at tha same time as ihe r:.eglslfaflon of lhe transfer lei (and any other docvmtnts inlended lo be ~ister&d in connection with the ~olllfll!t!on of ffi~s transacHon) anc! lb) be subject to conditions whet~ the lawverfs) receMng any of the Requlaife Dellvenes Will be requ1reclto hold same m trust and nat releose same except rn accordanCe with the fenns of a document ~istratlon agreement between the said 1~. The Seller and B!I)'Br irrevocably instruct the sold ~s to be bound bY the document registration agreement wh.eh Is recommended From lime to time by the Law Soc~ of U~ Canada .. Onlm otherwise~ to bY the lawyet'i, suc:h exchange of the Requisite Deliveries will occur in the applicable land niles Office or suc:h ather lccat1on agreeable lo both lawyers. 12. DOCUMENTS AND DISCHARGE1 Buyer shaH not call for the production of CJ1W IIIIa deed, abstract, aurvev. or other evidence ofti~e to the property except sUch as al'l! in the possession or conlrol of Sellar. If ~uested by Bwar, Seller wiR deliver any sketc:h or surveY ofthe prC!P.e!iY within Seller's control io B~r as soon CIS P9Hible and prior to the ~uisillon Date. If o discha!9e of any ChargwMortg~e held by a ~ration in~ _pursuant 1o the Trust And lggn C~mpanies Act (~rtada), Chartered Bank,lrust Company, CreCift Union, Calise Popukllre or Insurance Company and which is not to l:ie assum8d by B;uyer: on completion, I& not available In reg_lstrable fcirm on completion, ~r agrees to accept Seier's lawyer's personal undertakinc:i to obtain, out of the c!Ds!nB lunds, a dischar_ge in reglslroble forni and to register same, or cause same to be reglaterea, on title within o reasonable period of time aHer wmplation, provided that on or before CD~NJieHon Seller $hall provide to Buyer a mortgage statement pc:epared by lhe mo!'fgagee se~ aut the balance r~uired to obTain the disch"arse, and, where a reaJ.time electronic cleCred furids transfer system is not being used, a dired"10n executed by Seller directing PQ}'IItenl to the mortgagee of the amount required to ollloin the di~eharge out of the balance due on completion. 13. INSPECTIONs Buyer acknowladae5 having had the opportunity to ins~ the properlY. and understands that upon ac~lance of this offer there shalrbe a binding agreement of puichase and sale belween ~r and Seller. The BuYer adcriowledges having the opportunity to inClude a ~virement for a ~roperty Inspection report In ihls Agreement and agrees that~ as may be spedflcGIIJ P.f'Ovld.ed for In this ~t, the Buyer will not be obtaining a property Inspection or properiJ lnsp8Cilon report regarding the property. · INITIALS OF BUYER(S): C!::J INmALS OF SELLER($):~ rD 02014.Qelobolr-A.-tCifAl AIIIQI'ia....-..1. W.bm-........-byORfAb'lhoUIOonolllfl'llldc!nall!s.....a...onol-.... WI!! cri)<.AIIyafwUIOO'~•prahillliod....p....,.,._ __ oiOIIEA.Da""'·""""pillq"'~NiioodoodlftiM,_.., Form1CIO llevUed 2014 Paae 3 of 6 Tin IDmlla llnNtd far Ill' by .lAMa$ ARNOLD lltrCHONanly. 28. 5UCCE550R5 AND ASSIGNS: The heirr., executors, administrators, succeuors and c5sigm; oF the oncl&rslgned ore hound by the term~ herein. SIGNED, SEAlED AND DEliVERED in lha jli'~!!Jlco ol: IN WITNES:> wh11reoll have hereUJ~IO sol my hord ond sed: ..... ~ ................. _. .......................... ·-·oAte .... 1.'~!.~~ .. ~" ,.~ . ...... ...... ....... ...... .......................... .... ..... DATf .............................. . 'tii,;..:;j.. !:ieu~ ]WJ~~if''''' ....... , ... ·-·· .................. , ................. "''"''' 1,-the-Under.signeO..Sdlerr·B!J'-n4e-the-eeeve-effefr-~--her•6r-irrevoeablyil'lifruc+my-leYryeF-l~ diteclly-kHke-hr~ereg$1 .....nth whom I have ogreed to p;>ay t:Ommi~sion, the unpaid bolonce of lhe commiulon-together wilh-epphcable-~QfmQAized Scle5 Tax (and any -other !axes u' may hereafter-bet-appliooble}; ·from· lht:" proceeds--of··the-1gltt-pricrlo-t~nr-P<JYmenl-to-lhe­ undersigned on-complelioRrQ$-ClcWi$og by tbo brole""Sa(~·My..lgwyer. SIGNED, SEALED AJIJ.)_ DElfmtED in loo prew.re ol: IN WITNESS whereof IIJO'/u Mla11111o s1tl my lrGnd and set~l: ••• ............................................................... ................ DATE ................................. . !Sdttl !Seall ~·) ....................................................................... ~DATE .................................. . iV\iiir-iiDi · · ....................... • ........ · .... · ................. • · .. · .. · · .. · jWiij,;;;ij" .................................................................. . SPOUSAi-tO~:~ndef&igne~~~&e-eHhe~y·~-on&eni&-J~IliR EP.·is~Eed~i~-waflt-to·· ~!~~~~:m=!:::;:t =~::t!"!~~~~lU~nl4ecessary • jiiio;;,;;uf" ........................................... ,...................... js'~\'""'"''''''"""'"" ............................................. (Soa!) DArt .. ., ....................... , ....... .. CONFIRMATtON 0, A«<PfANtE: Notwithstanding oll}'lhins ccmloined herein 1o the c:onhtlry, I confirm this Agteement w»h all chonges boll-t typed and wrilfen wa5 finally a~;eepted by all patliM at ..... , ..... ,, ...... a.m./p.m. this ......................................... dr;JY of ..... _________ ..................... ,, ....•.... ~·"* .... ~ .... ~ ....................... 20 ... l."'"'""''' • JNI'OIIMATfON ON BJlO~GE(S) ----------· js:,;tl~;j" ............. •·• ... , ...................................... DATE ................... .. ............................................................................ DAtE: .................... .. (Buy&•) i!~11~;j ......................... , ................................. DATE ................... .. ........................................................................ DATE ..................... . ·:&~.,) Addrau fctt Servicu ........................... , .... ,.., ............................... .. Address for Servic.e.:7.·1Ht~.~!P.~:~Rnt~ .. 9~.~I~!'.I.~ ............ .. ................... ................................. .... Tal.l'w.( ........... ) ......................... . .. ..................................................... .i&I.No.f .. li~t ... t .. 1~~~t ......... . Buyer'~ L-w.oyltl . .-~!!mn.~.HJ.t~tm!l ................................................. , ... Addreu.~.!!~.1!m~.~!:t.-~~.?.~.~~1~~ .......................... . Sellar'• lawyer ................................................ ,.,., .............................. . Addr'IJU .............................. ,., .......................................................... .. !:moil.. ................................................................................................ . Elllaii...D:I.~t~~P..@~bt1.9.tmf1.9Nmt'M.M .................................... .. [ ........... ) .. ""fol'i-1;,"'"'""' .............. ·• [ ........... ) ..... ,.tAic'i~~ .................... . t ... ~t! .. ).!~~ ........................ t.J~1~ .J.!.~~~~~L ............... . n~ No FAX"'~ PROPERTY FOR SALE In accordance with the Town's Land Sale of Real Property Policy, notice is hereby given that the Council of the Town of Tillsonburg has deemed the subject property as surplus to the municipality and is accepting offers to purchase the subject land. The lot comprises a 1 acre land parcel, with a frontage of 144.29 ft. located on the west side of John Pound Road just south of the closed portion of Bidwell Street. The property is legally described as part Lots 1463 & 1464, Plan 500, Part 2 on RP 41 R- 7261 . The Town of Tillsonburg is accepting offers on 3 John Pound Road, through the Clerk's Office. Expressions of Interest should be sent to: Donna Wilson, Town Clerk, 200 Broadway, Tillsonburg, ON N4G 5A7 67B Simcoe Street, Box 343, Tillsonburg, ON N4G 2!16 Office: (519) 688-0234 Fax: (519) 688-9609 Email: twillaert@kwic.com LETTER OF OPINION For The Corporation of the Town OfTillsonburg (c/o Donna Wilson-Town Clerk) March 1 ib, 2014, To Whom It May Concern: RE: Property known as: 3 John Pound Road, Tillsonburg, ON Part Lots 1463 & 1464, Plan 500, Part 2 on RP 41R-7261 Town of Tillson burg, County of Oxford Owned By: The Corporation of the Town OfTillsonburg Roll# 320402002027001 PIN# 000370370 The undersigned has completed an inspection and analysis of the facts and information pertaining to the value arrived at herein and found the following. The subject property is a condominium development site of approximately 1 acre. It is the undersigned considered and professional opinion that the subject property has a market value of approximately. ONE HUNDRED lliOUSAND DOLLARS ($) 100,000 As of March 17,2014 MARKET VALUE for this valuation is defined thus: the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is capable of being used. This valuation is made on the basis that the source of data received is correct and without consideration given to ariy questions or encumbrances dealing with title. It is also made with the understanding that I am not required to give testimony or attendance in court by reason of this evaluation. I HEREBY CERTIFY that to the best of my knowledge and belief, the information used to determine this valuation is true and correct, that I have personally inspected the property described and that I have no interest present or prospective therein. 7;/~ Terry L. Wi llaert Broker of Record T.L. Willaert Realty Ltd., Brokerage -,.-,-;:. \! '·r --.. ,:?{~ !UaertreS:I ,, STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: UPDATE ON LAKE LISGAR PROJECT Report No.: PRS 14-20 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: • GIBSON HOUSE AREA PLAN RECOMMENDATION THAT Council receives report PRS 14-20 Update on Lake Lisgar Project as information. EXECUTIVE SUMMARY The Lake Lisgar Revitalization Project is almost complete. This is an update on progress to date and the final items to be done. BACKGROUND The final elements of the current Lake Lisgar Revitalization Project are being implemented over the next two months. Some of the work must wait until after July 1 due to LPRCA restrictions. Attached is a diagram showing the Gibson House area and the approximate location of the site improvements. The portable toilet, picnic tables and small shed are not part of the revitalization project but are enhancements to the park area being carried out by the Parks staff in concert with the other improvements to the park. The toilet relocation is required because the former location is no longer available because of the accessibility ramps put in place as part of the revitalization project. The shed is to store a small rowboat that the Lake Lisgar Sailors use to retrieve model boats. The Club is supplying the shed and there will be an agreement with the Club similar to that the Town has with other user groups. CONSULTATION/COMMUNICATION This project was developed by the Lake Lisgar Revitalization Committee and Town staff has been supporting the implementation of the work in consultation with the Committee and the Ministry program staff. LPRCA staff were involved in the project design on the in-water and erosion control elements. PRS staff consulted with the homeowners adjacent to the parking lot before finalizing the location of the portable toilet, and the Lake Lisgar Sailors about the location of the shed and the dock extension. 1/2 PRS 14-20-Update on Lake Lisgar Project.docx CAO \ )·----------------------------------------------------------------~ .J.he~;o.g and ±be L•pcoo+ip3 ot' +he era6-!::. '" +-be pad< on +he_ ~a6:1 ~:cte of Lake L: 5aor- , (· Oe a..:,k .jo L' -row n Co u oe,; I +o pleo.bt.!. , le± nla.}ure 1 e,e 'Na±utf ·· l _...., b R b-) ~e G; sob. Ho u ~e and a l~o l:beot;J ;/\.:9 . CJ, • b t.ve. ace f5L.l;ce bat>e ¢,1..~ table ~fora5e tor. ±h; 5 ce.sue boot. ! '• ·, haue ~oken Ll.!'dh bo+h of +hero Ond ±he~ are abe not_ ;D faoeuc -~-+he obol:rl.(dion of naf~tre_-and hgv/"-9 the b • .~ :Jd.;"!j i h .f),; 5 ____(). re.n , \ ) STAFF REPORT PARKS AND RECREATION SERVICES Title: Municipal Facility Housekeeping Tender Results Report No.: PRS 14-16 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: • Municipal Facility Housekeeping Services Tender T-02-14 Results Summary RECOMMENDATION THAT Council receives Report PRS 14-16 -Municipal Facility Housekeeping Tender Results AND THAT Council award the housekeeping contracts for 2014-2018 as follows at the rates submitted through the tender process: • Corporate Offices, Public Works and Fire Hall to Steam Canada • Annandale House to SQM Janitorial • O.P.P. Station and Customer Service to Green Care Janitorial • Tillsonburg Community Centre Zones 1,2 and 3 to Green Care Janitorial AND THAT a By-Law be brought forward for Council's consideration. EXECUTIVE SUMMARY The cleaning services contracts for Town facilities expire in May 2014. A tender process was initiated to secure pricing for the next five-year contract cycle. Staff recommends extending the facilities serviced by contract cleaners to include three of the five zones at the Community Centre. The very competitive tender process results in an opportunity for the Town to implement an improved level of housekeeping service at a lower cost than the expiring contracts. BACKGROUND INFORMATION Currently, the Town has contracted cleaning services at most Town-owned facilities. Town staff provides cleaning services to the Tillsonburg Community Centre, Cemetery, Summer Place, and Waterpark. The contracts expire in May 2014 and staff initiated the tender process to secure pricing for the next five years. Staff took this opportunity to include the Tillsonburg Community Centre in the tender process to determine if the current in-house model provided the most value to the Town. The tender included all facilities currently cleaned by contract housekeeping as well as the five zones of the Tillson burg Community Centre which are currently cleaned 1/3 PRS 14-16-Municipal Housekeeping Tender Results.docx CAO \ ) In the final analysis, staff recommends that the Town eliminate the part-time housekeeper positions and in addition to the existing contracted locations, contract out housekeeping in three zones of the Community Centre, areas which include the administrative offices, Lions Auditorium, Pool, Health Club & Senior Centre. There are four individuals whose employment with the town is affected by this. If Council approves this direction, staff can initiate the process by which their specific information can be transmitted to the new contractors so they can make the required offers of employment or severance. Staff also recommends that the transition take place over the next six weeks so that the new cleaning contracts would begin with July 7, 2014. The contracts contain clauses protecting the Town to the extent that the contracts can be terminated if the required performance standards are not met. CONSULTATION/COMMUNICATION The tender ads were communicated through the internet and the newspaper to conform to approved procurement procedures. FINANCIAL IMPACT /FUNDING SOURCE On an annual basis, the consolidated cost of the solution that staff is recommending is approximately 20% less than current budget allocations for contracted and part- time housekeeping. If the contracts are implemented for July 7, 2014, the anticipated savings for the remainder of the year are anticipated to be $15,000. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-16-Municipal Housekeeping Tender Results.docx Kelly J. Batt Parks & Facilities Manager Rick Cox Director of Parks & Recreation Darrell Eddington Director of Finance 3/3 DATE: MAY 5, 2014 DATE: May 15, 2014 DATE: May 21, 2014 CAO All pricing ~cludts HST 5 times per week (Monthly price) Corporate Office Tillsonburg OPP Station Customer Service Centre Annandale House Public Works 3 times per week { Monthly price) Corportate Office Tillsonburg OPP Station Customer Service Centre Annandale House Public Works Fire Hall 2 times per week (Monthly price) Public Works Fire Hall once per week (monthly price) Fire Hall Hourly Cost for extr11 c:leaninaas required Tillsonburc Community Centre Monthly 7 times per week Zone 1 Zone2 Zone3 Zone 4 (Not contracted out) Zone 5 (Not contracted out) All pricing exdudts HST 5 times per week {Monthly price) Corporate Office TIIIsonburg OPP Station Customer Service Centre Annandale House Public Works 3 times per week I Monthly price Corportate Office Tlllsonburg OPP Station Customer Service Centre Annandale House Public Works Fire Hall 2 times per week (Monthly price) Public Works Fire Hall once per week (monthly price) Fire Hall Hourly Cost for extra cleanina as required Tillsonbura Community Centre Monthly 7 times per week Zone 1 Zone 2 Zone3 Zone 4 {Not contracted out) Zone 5 (Not contracted out) Total Total Total Total ToUI Total Total Total SQM Janitorilll S Year Total I Aver111e 7,440.60 1,488.12 9,920.74 1,984.15 7,440.60 1,488.12 2,738.28 547.66 S,478.19 1,095.64 6,603.68 6,573.82 1,314.76 7,440.60 1,488.12 S.211.49 1,042.30 2,465.22 493.04 4,930.37 986.07 3,286.92 657.38 5,981.68 3,286.92 657.38 2.191.21 438.24 1,09S.63 1,369.52 273.90 20,890.86 4,178.17 20,707.86 4,141.57 24,372.72 4,874.54 27,854.53 5,570.91 27,8S4.53 5,570.91 24,336.10 Supreme Cleaninr 5yeillrtotilll Averaae 6,000.00 1,200.00 10,400.00 2,080.00 5,415.00 1,083.00 4,330.00 866.00 5,200.00 1,040.00 6,269.00 6,500.00 1,300.00 3,500.00 700.00 7,500.00 1,500.00 3,900.00 780.00 2,600.00 520.00 3,465.00 693.00 5,493.00 2,600.00 520.00 2,166.65 433.33 953.33 1,400.00 280.00 23,000.00 4,600.00 20,030.00 4,006.00 17,535.00 3,507.00 23,000.00 4,600.00 23,000.00 4,600.00 21,313.00 Municipal Facility Housekeeping Services T-02-14 Servk• Mast•r of London Bee Cl•an 5 yeartoUI Aver~~ce 5 year total fAver~~p 68,299.00 13,659.80 4,649.22 929.84 102,430.00 20,486.00 10,407.12 2,081.42 81,298.00 16,259.60 11,530.08 2,306.02 62,970.00 12,594.00 6,694.89 1,338.98 73,291.00 14,658.20 3,570.62 714.12 77,657.60 7,370.39 50,828.00 10,165.60 2.789.54 557.91 73,553.00 14,710.60 6,344.27 1,268.85 56,963.00 11,392.60 6,651.96 1,330.39 45,655.00 9,131.00 4,016.7S 803.35 53,012.00 10,602.40 2,142.37 428.47 51,557.00 10,311.40 3,570.62 714.12 66,313.60 5,103.10 43,965.00 8,793.00 1,428.24 285.65 41,88S.OO 8,377.00 2,380.41 476.08 17,170.00 761.73 32,526.00 6,505.20 1,190.20 238.04 20,764.45 4,152.89 No Bid 19,538.77 3,907.75 17,303.72 3,460.74 20,764.45 4,152.89 20,764.45 4,152.89 19,827.17 Precise Cleanina Horizon Maintenance 5yeartotal Averaae 5yeartotal Aver11re 5,630.00 1,126.00 5,102.00 1,020.40 7,397.12 1,479.42 11,748.00 2,349.60 9,215.49 1,843.10 9,484.00 1,896.80 4,805.00 961.00 4,520.00 904.00 4,580.00 916.00 4,985.00 997.00 6,325.52 7,167.80 4,525.00 905.00 4,402.00 880.40 5,270.40 1,054.08 10,396.00 2,079.20 6,682.00 1,336.40 7,847.00 1,569.40 3,500.00 700.00 3,460.00 692.00 3,350.00 670.00 3,955.00 791.00 3,625.00 125.00 4,144.00 828.80 5,390.48 6,840.80 3,13S.OO 627.00 3,211.00 642.20 3,475.00 695.00 3,381.00 676.20 1,322.00 1,318.40 2,550.00 510.00 2,913.00 582.60 No Bid 21,692.00 I s 4,338.40 No Sid Green care Janitorial 5 yeartoUI 5,445.00 3,925.00 4,500.00 4,100.00 3,84S.OO 4,400.00 3.340.00 3.750.00 2.700.00 3,125.00 3,125.00 2,475.00 2,37S.OO 1,725.00 11,500.00 11,250.00 9,900.00 10,300.00 9,925.00 Averaae 1,089.00 785.00 900.00 820.00 769.00 4,363.00 880.00 668.00 750.00 540.00 625.00 625.00 4,088.00 495.00 475.00 970.00 345.00 2,300.00 2,250.00 1,980.00 2,060.00 1,985.00 10,575.00 GDI C1eanin& Services 5 year total 7,S84.20 12,995.04 9,708.42 5,931.96 5,436.44 5,514.15 9,484.32 7,115.95 4,527.66 4,032.16 4,032.16 3,330.02 3,330.02 3,343.00 23,071.48 23,071.48 26,367.37 26,367.37 26,367.37 Ave race 1,516.84 2,599.01 1,941.68 1,186.39 1,087.29 8,331.21 1,102.83 1,896.86 1,423.19 905.53 806.43 806.43 6,941.28 666.00 666.00 1,332.01 668.60 4,614.30 4,614.30 5,273.47 5,273.47 5,273.47 25,049.01 Cheema Cleanin.1 5 year toUI I Aver111e 5,750.00 1,150.00 4,100.00 820.00 4,750.00 950.00 4,000.00 800.00 4,050.00 810.00 4,530.00 4,250.00 850.00 3,425.00 685.00 3,600.00 120.00 3,250.00 650.00 3,000.00 600.00 2,750.00 550.00 4,055.00 2,600.00 520.00 2,400.00 480.00 1,000.00 1,875.00 315.00 12,250.00 2,450.00 11,250.00 2,250.00 10,550.00 2,110.00 10,250.00 2,050.00 10,250.00 2,050.00 10,910.00 Commercial Cleanina Services 5 year total I Awr11re 6,375.00 8,890.00 7,062.00 4,701.00 4,140.00 4,826.00 6,558.00 5.463.00 3,557.00 3,227.00 3,289.00 2,565.00 2,845.00 2,153.00 16,738.00 20,296.00 16,484.00 15,749.00 16,587.00 1,275.00 1,778.00 1,412.40 940.20 828.00 6,233.60 965.20 1,311.60 1,092.60 711.40 645.40 657.80 5,38-4.00 513.00 569.00 1,082.00 430.60 3,347.60 4,059.20 3,296.80 3,149.80 3,311.40 17,170.80 Steam canada 5 yeartoUI Ave race 2,947.79 $ 589.56 13,064.42 $ 2,612.88 8,857.77 $ 1,771.55 8,857.77 $ 1,771.55 2,956.48 $ 591.30 7,336.85 1,965.19 393.04 8,709.60 1,741.92 5,905.18 1,181.04 5,095.90 1,019.18 1,948.62 389.12 1,767.07 353.41 5,078.31 1,312.79 262.56 1,2S6.33 251.27 513.82 628.17 125.63 17,782.12 3,556.42 17,782.12 3,556.42 17,782.12 3,556.42 17,782.12 3,556.42 17,782.12 3,556.42 17,782.12 Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT CLERK JOINT COMPLIANCE AUDIT COMMITTEE CL 14-17 Donna Wilson COUNCIL MEETING MAY26,2014 THAT Council receives Report CL 14-16, Joint Compliance Audit Committee; AND THAT a By-law to appoint a Joint Compliance Audit Committee be brought forward for Council consideration. EXECUTIVE SUMMARY To Establish a Joint Compliance Audit Committee as required by Section 81.1 of the Municipal Elections Act, 1996. BACKGROUND The Municipal Elections Act, 1996, required municipalities to appoint a Compliance Audit Committee prior to October 1st in an election year. All candidates are now required to file detailed financial statements of contributions received and expenses for their campaign (those who exceed $10,000 require audited statements). Any elector can request an audit of those financial statements if they reasonably believe an individual has contravened the election act. The audit is to be received by the clerk and within 10 days sent to a compliance audit committee. That committee is required to respond in 30 days if they agree that an audit request should be granted or rejected. The decision of the committee may be appealed to the Ontario Court of Justice within 15 days. If the committee orders an audit (the costs of which must be paid by the municipality) then an outside auditor is appointed, an audit is conducted and a report prepared. The completed report is provided to The committee is required by legislation to meet the requirements of the act including responding to requests for audit and making determinations regarding the reasonableness of the request. The Act specifically points out the role of the clerk as follows: Role of Clerk or Secretary "The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under the MEA to implement the committee's decisions." In the case of our joint committee, the Clerk for the municipality that receives a request for audit will act as the secretary to the compliance audit committee. Term The committee shall be established before October 1 of an election year. The term of appointment is the same as the new Council. The purpose is to deal with applications from each regular election and any by- elections during the term of the municipal council. The committee will meet as needed with meetings to be scheduled when a compliance audit application is received. Term of office The act states that the term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. Membership and Roles and Responsibilities Staff is suggesting that the joint committee shall be appointed by each Council and shall be composed of five (5) members. The Act requires the committee be composed of not fewer than three and not more than seven members. The act prohibits the following individuals from being on the committee: (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. Staff is suggesting that the only residency requirement will be that committee members must reside in Oxford County as was done for the last term of the Compliance Audit Committee. Qualifications Given the judicial nature of the committee staff is suggesting members have accounting and audit experience, academic qualifications (college or university professors with expertise in political science or local government administration), legal professionals and those with knowledge of campaign financing rules under the MEA, 1996. The previous membership meets these criteria. Meeting Schedule The committee shall meet as required to consider any applications for audit that have been filed in accordance with the legislation. There were no committee compliance applications received during the 2010-2014 term. Page 3 I 4 CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3828 A BY-LAW to appoint a Joint Compliance Audit Committee WHEREAS Section 81.1 of the Municipal Elections Act, 1996 requires municipalities to appoint Compliance Audit Committees to deal with matters regarding election campaign finances before October 1 in an election year. AND WHEREAS the Township of Norwich, Township of Southwest Oxford, Township of Zorra, Township of East Zorra-Tavistock, Town of Tillsonburg and Town of Ingersoll deem it expedient to establish a Joint Compliance Audit Committee. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT a Committee, to be known as the Joint Compliance Audit Committee, is hereby established to deal with the matters provided for in Section 81 of the Municipal Elections Act, 1996. 2. THAT the Joint Compliance Audit Committee shall consist of the individuals listed in Schedule "A" who will be utilized to deal with each compliance audit request in accordance with the Terms of Reference attached hereto as Schedule "B". 3. THAT the business of the Joint Compliance Audit Committee be conducted in accordance with the Terms of Reference set out in Schedule "B" attached hereto, which shall form part of this By-law. 4. AND THAT this By-law shall come into force and take effect on the date of passage. READ A FIRST AND SECOND TIME THIS 26th DAY OF MAY, 2014 READ A THIRD AND FINAL TIME AND PASSED THIS 26111 DAY OF MAY, 2014 Mayor-Dave Beres Clerk -Donna Wilson SCHEDULE "B" TERMS OF REFERENCE FOR JOINT COMPUANCE AUDIT COMMITTEE MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected; If the application is granted, the Committee shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances; The Committee will review the auditor's report within 30 days of receipt and decide whether legal proceedings should be commenced; and If the auditor's report indicates that there were no apparent contraventions and if it appears that there were no reasonable grounds for the application, the Committee shall advise Council accordingly and recommend cost attribution. Members of Council, staff or candidates running for office in the municipal election are not eligible to be appointed to the Committee. Should an appointed Member accept employment with any of the member municipalities or register as a candidate with any of the member municipalities, his or her appointment will be terminated. All Committee Members must agree in writing that they will not work for or provide advice to any candidate running for municipal office within the member municipalities. To avoid any potential conflict of interest, applicants with accounting or auditing backgrounds must agree in writing that they will not offer their services to any municipal election candidates. Anyone who has participated as a candidate in a municipal election, conducted by any of the member municipalities, or who has conducted audits or provided financial advice in respect of such an election campaign, is disqualified from participation on the Committee. COMPOSITION TERM The committee shall be composed of not fewer than three and not more than seven members and shall not include: (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. The term of the Committee is co-terminus with that of Council. CHAIR At the orientation meeting the Committee shall select one of its Members to act as a Chair at the first meeting. PROPROSED MEETING SCHEDULE The committee would be required to meet at least once to participate in an orientation session. Thereafter the Committee shall meet as needed with meetings to be scheduled by the Clerk, in consultation with the Chair, when a compliance audit application is received. STAFF REPORT CLERKS OFFICE Title: SALE OF 3 JOHN POUND ROAD Report No.: CL 14-18 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee MAY 26,2014 Date: Attachments: RECOMMENDATION OFFER OF PURCHASE & SALE SALE OF LAND ADVERTISEMENT WILLAERT REALTY LTD LETTER OF OPINION THAT Council receives Report CL 14-18, Sale of 3 John Pound Road; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to complete all documents to procure the sale of Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41R-7261, municipally known as 3 John Pound Road. EXECUTIVE SUMMARY The purpose of this Report is to obtain Council endorsement for the sale of municipal lands that have been deemed surplus to the needs of the municipality. BACKGROUND In April 2012, the Town of Tillsonburg Revenue Manager registered a tax arrears certificate on title against the property known as 3 John Pound Rd, as per Section 373(1) of the Municipal Act, 2001. In August of 2013 also in accordance with the legislation, the land was advertised for tax sale. There was no successful purchaser, therefore according to section 379(5) of the Municipal Act, the Revenue Manager registered in the name of the municipality, a notice of vesting. The following resolution was passed at the Council meeting of October 15, 2013: "THAT Council receive report FIN 13-39, To Vest the Property located on 3 John Pound Road; THAT Council authorize the Treasurer to vest the property on 3 John Pound Road, Part of Lots 1463 & 1464, Plan 500, into the ownership of the Corporation of the Town of Tillson burg; CAO APPROVALS Author Name/Signature Donna Wilson DATE: May 20, 2014 Finance/Signature Darrell Eddington DATE: May 21, 2014 CAO Name/Signature David Calder DATE: May 21, 2014 3 CAO Agreement of Purchase and Sale Form 1GO lor uo• IIIII. '-of OniGrKI This Agreement of Purchase and Sale d* this ............... 1.~ .............. day of .................... ~!l ..................... 20.~~ .. .. BUYER, .... ~~~~l~~.'!l.~ ............ iFUJt·resarnc.n,;rc,rQif&uyii;~··· ........................................... , agrees to purchase from SEUER, .. .T.~.~-9.~.~~-~-~!~~-~~~-idfsalliiis)''""'""""""'''···"·· .................................. lhe following REAL PROPERTY: Address .. ~-~~~~-~~~~-~~: ..................................................................................................................................... . fronting on the .......................... !!~ ........................... side of ............................. ~~~-~~~~-~c:': ........................... .. in lhe .. !!~.~!.~!~«?.':'.~.1;1.-:9. .................................................................................................................................... . and having a frontage of .......................................... more ar iess by a deplh of ........................................ more or leis and legally described 0$ .. ~!.~~.!~.~-~-~~-~~!!!!.~?-~.~!.~1~~?.~~!.~.~~~!!!~.~ .. ~.!-:!~~-~~~L ...... .. •···· ........................ ······ii~iiiiiil~;jiHOftor!;n;J',;:;G;di~ii~i'itOtd'iiiribil~iei·" · .......... · ·· ...................... · (the "property"). PURCHASE PRICE: DotJars (CDN$}.~:!!~ .. ,.~ .. •·•·•~···''"'"'"n•••••u••••••••• .9.~ ............................................................................................................................................................. Dollars DEPOSIT: Buyer submlls .. ~P.~~-~~P.~~I?.! ........................................................................................................... .. (Heri:Wilh/Upo!l Acceptatce/as otherwite clewibed In thl.s Agremn~~~~~ . -~~ .......................................................................................................... Dollars {CON$) •. ~:!!! ............................... . by negotiable cheque pgyable IQ .• ~~.!~~!!': ....................................................................................... "Deposit Holder" to be field In lru&t pei!_di!'9 cOmpletion crolher lerminaion of !his ~ ancltc be credilecl towald the Pun:hase Price on ~­ For the pu~~ of this Agreement, "Upon Acceplonce" shall mean lhat the Buyer is required lo delivar the ~sit to the D~it Helder within 24 hours of the acceptance of this Agreement. The ~ !0 this Agreement hereby acknowtadae that, unl&ss otherwise ~ded for in this Agreement, the Deposll Holder sholl plc!ce the deposit rn trust iri the Deposit AOicler's non-lnlef'est bearing Reol Estate Trust Account ond no Interest shall be ~. received or paid on the deposit, luver agnaes to paylhe balance DIIIIOI"e pcnicularty _,out in Schedule A allached. SCHEDULE(S) A .................................................................................... attached hereto fonn(s) part of this Agreement. 1. IRREVOCABILITY: This offer shall be irrevocable by ................. ~~ ................ until ........ ~:!!! ........ .,../p.m. on tsell•r/BII)IIJ} !ffe~-~~ii'b~-~:~~~~j'~~id·a~:! d~~it'i~li"b?'!~~;;~i~-~~"81;~~ ~·\~·rr~tu~~~·· if not accepted, lhfs 2. COMPlETION DATE: This Agreement shall be completed by no later thon 6:00p.m. on the ........... J~!! ............. day of .................. ~~.'Y. .................. , 20 -~-~ ...... Upon complelion, vacant possession of the property shcdl be given to tha Buyer unless otherwise provided For in this Agreement. INmALS OF BUYER(&): CD INITIALS OF SEUER(S): ~ Ill 0201•. Oobrioa..l ~-("'OEA1. Alrtp--lhh"""'-........-I¥0REA ......... ~cllfa ......... cnl'-.... _ .,_Alit"""""'""' ropocildioll& ~IJCI!ll ... picl'--oiOIIfA. Po,...,,.q, priroiogw ........... d>o .....,.,....... pDIIOn him 100 Revised 20U Pop f of 8 ,.,. fDmt Is llctnself lor-by J.UIRAIINCII.DHTrCHfJN- B. TITLE SEARCH: Buyer 1hall be aDowed until6:00 p.m. on the .......... ~ ........... day of .............. ~f ............. , 20J~ •• , IReauiaifion ~ 1o exaniina lhe tide to the ~ at Buyer's own exP,ense and until the earlier of: (i)lhlrty Cloys from ihe fater of the Requilifion Dote or the date on Which the condllions in this Agreement are fuiRHed or OtherWise waived or; (ii) five days prror to eomplefion, to satisfy Buyer that there are no ovlslanaing work ordel'$ or deficiency notices affecting the P.foperly, and that Its ~ent use( •. !!~~.~~.J!C! ................................................................................... J may be lawftilly continued and thrit the prfndpal building m~ be in~ured a,gaiml risk of fire. Seier hereby consents to the muni.;!Palily or other governmental agencies releasing to B~ detads ot aH outstanding work orders and deflc_!enc:y notices attedi~ the P.roperl)', and Seller agrees 1o execute and aellver such further QUthorizalions In thts regard as Buyer may reasonablY reqUire. 9. RJTURE USE: Seller and Buyer c;mree that there is no re~loliCII! !l" warranty of any .kind. that the future intended use of the properly by Buyer i5 or will be lawful except as may be speaftc:olly provrded form lhts Agreement. 10. nTLE: Provided thot the tide to the prqf*:1Y is goad and Free from all registered restrictions, charges, liens, and encumbrances except as otherwne saiciflcaiJY provided in thls Agreement anC:I save and except for (a) miY. registered restrictions or COVttnanb that run wlih ihe land ~iding that suCh are complied with; (b) a~ regi11ereCI municipcd agreements and regl$1ered agreements with pu61icly reg,ulated utilities prQYJalng such hOVe bien comPfed wilh, ~~r securiiy has bQn ~steel to ensure campliance and comPletion, as evidenced by a letter from the relevant munlcifx!rity or regUlated util~ (c} a~minor easemants for lhe supply of i:lomlltfc ullllly or ~ne services to dte propei!y cr adjqcent ~; cind Cl) any easamenll for droinage, storm or sanitary sewers, pubhc utilitv lines, telePh9ne Imes, · cable teleVision linu or o r serv~ which do not matarlaly affect the use of the property. If wflhln tile specifted times referred to in paragl'!;lph 8 any valid objection to title Qt 1o anr. outstanding work order cir deficiency notice, or lo the fact the said present use f!.10Y not lawfullY. be continuedbior that the _principal building ~ not be insuFed against risk of flre fs mode In writing to Seller a!JCI whiCh Seller is u!'a e or unwllll1!9 lo remove, remec:Jy or satls~ or obtaln Insurance save and except agalnsl risk of fire {l!lle Insurance) m Favour of the Buyer and any morlg~, (w•th all related c:osb of the expense of the Seller], and which Buyer will not waive, this AQreemertt no1Withstandtng any intermediate acts or 118Q01iations in ft¥8d oF 5UCh objections, shaH be at an end and all monies paid shqll be returned without Interest or deduction and Seller, Listing Broke~ and C~rallng Brokerag~ shaB net be liable for any costs cr ~s. Save as to any valid obJectlon so made by auch ~ and ex~ for any obJection going ID the root of the tHI&, Buyer shalf be conclusiVely deemed to have aceept8d Seller's tide to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and B!JYer retain a ~ to complete the Agreement of Purchase and Sale Qf the propl!fY. and where th9 transaction will be comFJ,Ieted by electronic registration pursuant to Part Ill of tha Land Regimolion Reform Ad, R.S.O. 19901 Chapter L4 and the Elacironlc R!9sfralion Act, S.O. 1991, Chc:g)ter M, and aty qmendments thereto, the Seller ana Buyer acknowl~ond agree that lhe exchange of dosing fundS, ngrt:n!gi&trable cfocumenls and other Items (the "Requisite Deliveries and the releme thereof to tl1e Seller Qni:l Buyer wiD (al not oc:c:ur at tha some time as lhe r~lsflation of the transfer/d (and any other documents Intended lo be registered in connection with the co'"fll!tion of lfiis transac:liOn) and lbJ be subject to conditions whet~ the lawverfs) receiving any of the Requlsife Deliveries Will be required to hold same in trust and nat release some except tn accordanCe with the terms of a document ~islrallon agreement between the said 1~. The Seller and B~ irrevotably instruct the said ~ to be bound bY the document registration ag!'fKl!1181\t which Is recommended frOm time to time by the Low Soc~ cf U~ Canada .. Onlm olherwise ~ to by the lawy81'$, such exchange of the Requisite Oetiveries will occur in the applicable land Tille& Office or such other location agreeable lo both lawyera. 12. DOCUMENTS AND DISCHARGE: Buyer shaH not call for the pr~uelion of an~ .title deed, abstract, SUfVeY. or other evidence of fi~e lo lhe properly except such as are in the posle5Sion or conlrol of s.Jtar. If ~uested by Buvar, Seller wiR deliver any sketch or survey of the prC!P.e!iY within Seller's control to B~r as soon CIS P9Hible and prior to the ~uisitlon Date. If a discho!'9e of any Charge/MOrtR~e held by a ~ in~ ,PUrsuant ra the Trust And Lggn C~mpanles Act (canada), Chartered Bank, lrust Co~ny, CreCIIt Union, CaiSse Pppulaire ot Insurance Company and which Is not lo l:ie assum8d by B;uyer: on completion, Is not available In registrable fOrm on c:ampletion, ~r agrees to accept Seier's lawyer1s personal undertakinci fo cblaln, out of the ciOsinglunds, a discharge in reglslrabl& for.ni and to register same, or cause same to be reglsterea, on IItle within o reasonable periaCI of time offer completion, provided lhat on or before c~leHon Seller $hall provide to Buyer o mortgage slatement pr_epared by the mo!'f9agee selling out the balance r~uired to obtain the discharge, and, where a reaJ.time electronic cteared furids transfer system is not being used, o direction executed by ~ler diricllng p!lyment to the mortgagee of lhe amount required to olltain the discharge out of the balance due on camplellon. 13. INSPECTION: Buyer oc:knowleclaes having had the opportunity ro inspep the properlY. and understands that upon ac~tance of this offer there sholrbe a bindfng agreement of puichase and sale between ~r and Seller. The BuYer ackilowledges having the opportunity to inClude a requirement for a p~ inspection report In flds Agreement and agrees that except as may be apecifJccillr pravld•d for In lh~ ~ant, the llvJer wHI not be obtaining a property Inspection or property inspection report regarding the property. · INITIALS OF BUYER(S): c::D INmALS OF SEUER(S): ~ rtl 02014.0..We-A-.tCifAl /lllf$l'a.......t. Thii...,_.......,..,.ORfAb'lho ... n~alra--.n...._ !:&1 or¥ hry afw .. ., ~· poliiOiid .... .-t.pior--oiOIIEA.. DanciollwW..pinllrfl., ~ ... llondood PN4 pan;on Fcomt 1GO Revbed 20l4 Paae 3 af 6 Thli' form~ HnNid tar Ill• fly JAAI1i$ ARNOLD Hm:H0N only. 28. 5UCCE550R5 AND ASSIGNS: The heirs, axecuto~, cdmini.strotors, successors and assign5> oF ihe undersigned ore bound by the terms herein. SIGNED, SEAlED AND DELIVERED in the pr~e~co ol: IN WITNE5~ whereo! I have hetelll'IO sol my hord ond sed: u-z--• . /1/~;q,'Y js;;;<,ii"''···· ............................................................ ISeoli-·DAJe ........................... _ ... . • ...... ...... ....... ...... ................... ...... .... ..... DATE ............................ .. "tk .ly,·rf ·· · · {huJ l,the-Yndef.6igneO.~l''BfJI'-ee~e ~hit-ebeve--eff~~--her•bY.·irrevocablyil'!&fruc+my--ia¥r-yeF-Io-ptly .diteclly4EHAe-hr-eFGg$t wi1h whom I have agreed to pay oommi~sion, the-unpaid bolonce of. the comminion-togetheF.wiih-Gpphcable-J::iQfmQRiz4Kl Salas Teo: (and any other !axes o' may heroafter-btt-Cipplkobleh ·from· the proceeds -of··fh~HQI!i-pricr-!o-onn>oymenl--io-lhe­ undersigned on-complelioRras...gd¥i5og by lhe brokerC1£1u(~-M~er. SIGNED, SEALED ANO DELIVERED in lho.J pr~er.~e ol: IN WITNESS whereof IIJD'IIl illtfOIIIIIO 581 my hond 131\d eal: • ............................................................... ................ DAlE ................................. . {Stlltt/ ISoall iw,i;.;;;;r ................................................................. .. jW;i;,;;uj"""'''"''"'"' ................................................. . lSOit'·l'·""'"'"""''"'" ............................................... , ~ DATE. ................................ .. SPOUSAl-cOHSENTa-lhe--Yndet-&ignelil-&peuse-eJ..the--Seller-hentby·c~n&enli-l~i~=is:~=in;M-wEmi-t9-· the,-pr~lslons-of.-the-f.fjlllli~~~r!;! ~:! :t~r.ee~~r-t ..w: rlL ""'ec:es5aty Ol'-1fteiclenft:~l doeumenl$ to §JveJi...-~---~---1---4------eREeEi AsRilll.-·--• i\".iii;,;;Uf.............................. ...................................... \s·p;;~r ..................................................................... 1soa!J DA!£ .. ., .... , .......................... .. CONFIRMAnoN Of ACC!PTANCEI Notwilhstonding onyilin9 con1oined herein io the c.ontn:ny, I confirm this Agreement with all chtlnges bolh typed tlnd wrllten wm finally ~pted by all parlies aL ................. a.m./p.m. this .................................... , . Hdr;l}' of ................................... , ............................. , 20 ........... . . ................... i.Sig;,~;~·~;;'.;,'j;~j"""'''''"'"""' is:.:tleli" ............ , ,., ... ,.' ..................................... DATE. ................... . ...................................................................... ., .... DA'lt .. , ................. .. (Buy~·l ........................................................................ DATE ........... , ......... . •:Su'fl"l i!ailj,jj . .. .. .. . ... . . . . . . . . . . .. . . ..................... DATE ................. . Addratsfctr Stivicu ..................................................................... .. Addrou For Servioe J!;"P';I,l·~-~=«tl:I:~!Wii~ .. QN.tfU. ~!:1.~ ........... .. ................... ................................. .... Tal.l'~o.( ........... ) ......................... . .. ...................................................... Tei.No.1 .. 1:1t ... 1 .. 1.~~!L ....... .. Buycu'~ lowyltf. ~!lmn.~.t':IJ!~tm!-:1 ................................................... .. Addreu.~.!!.'!.~~e.~~-~~-9.~.~~1~~--........................ . s.Jiar'·l~ ......................................... , .......... , .............................. . AddrelL ......................................................................................... .. !:moil. ................................................................ , ............................... .. Enu:rii...JJ:!I~tum.@~~~m.9.Wm,Mm. ..................................... . l ........... j .. ""t'.l'ND'''""'"' .............. "[ ........... ) ....... ii\ic'i.j;;·--................ .. (. .. ~'-'-.. !]~ ........................ 1 ... ~1~ .!.!~~~ ...... , .......... .. n: No FAX No i PlilfO a1gfll-• ci<lll> ~nd ''"'" ~~ t~ •• ue<aplarlcco cf lbt lo•cqoir-v Au•nm••• •' F..,oha.,. ""li s..lb I I . . . . . : 1.1\..t•Oiiud to t.·rd rho l11t'"; Booleu>;el L_. -----·-----------· [Q ~7~1~ CHord..,) E-Alloc'CJI,Jn 1'0t.[A1 J"olr9-b oo.....d. IIU """""'""'~""IL'l' 01.£A lor me""'"""~ IIIII>""'""'' ..-.1 !c""'"' ·•~-trl(""''""""•IOCI~•,.,n!>'lodllml!llwi'hprowoillln~BliffitA llonoidl!t""*'~"'~hO ....... P'1"10'i.<:o""' TI'IJJ tllrm .1r 1/nms..dlat an fly JAifi!S AlfNCt.D lllrcNDN 017ly. Farm 190 Rovi~l\ll2014 Page !I Dl 6 PROPERTY FOR SALE In accordance with the Town's Land Sale of Real Property Policy, notice is hereby given that the Council of the Town of Tillsonburg has deemed the subject property as surplus to the municipality and is accepting offers to purchase the subject land. The lot comprises a 1 acre land parcel, with a frontage of 144.29 ft . located on the west side of John Pound Road just south of the closed portion of Bidwell Street. The property is legally described as part Lots 1463 & 1464, Plan 500, Part 2 on RP 41 R- 7261 . The Town of Tillsonburg is accepting offers on 3 John Pound Road, through the Clerk's Office. Expressions of Interest should be sent to: Donna Wilson, Town Clerk, 200 Broadway, Tillsonburg, ON N4G 5A7 67B Simcoe Street, Box 343, Tillsonburg, ON N4G 2H6 Office: (519) 688-0234 fax: (519) 688-9609 Email: twillaert@kwic.com LETTER OF OPINION For The Corporation of the Town Of Tillson burg (c/o Donna Wilson-Town Clerk) March lih, 2014, To Whom It May Concern: RE: Property known as: 3 John Pound Road, Tillsonburg, ON Part Lots 1463 & 1464, Plan 500, Part 2 on RP 41R-7261 Town of Tillson burg, County of Oxford Owned By: The Corporation of the Town OfTillsonburg Roll# 320402002027001 PIN# 000370370 The undersigned has completed an inspection and analysis of the facts and information pertaining to the value arrived at herein and found the following. The subject property is a condominium development site of approximately 1 acre. It is the undersigned considered and professional opinion that the subject property has a market value of approximately. ONE HUNDRED THOUSAND DOLLARS ($) 100,000 As of March 17,2014 MARKET VALUE for this valuation is defined thus: the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is capable of being used. This valuation is made on the basis that the source of data received is correct and without consideration given to ariy questions or encumbrances dealing with title. It is also made with the understanding that I am not required to give testimony or attendance in court by reason of this evaluation. I HEREBY CERTIFY that to the best of my knowledge and belief, the information used to determine this valuation is true and correct, that I have personally inspected the property described and that I have no interest present or prospective therein. 7;/~ Terry L. Willaert Broker of Record T.L. Willaert Realty Ltd., Brokerage :~inaertrea~t. STAFF REPORT CLERKS OFFICE Title: OAK PARK SUBDIVISION FRONT ENDING AGREEMENT Report No.: CL 14-19 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: FRONT ENDING AGREEMENT RECOMMENDATION THAT Council receives Report CL 14-19, Oak Park Subdivision Front Ending Agreement; AND THAT the matter be resolved and that payment be provided to the Developer, 1300908 Ontario Inc. in the amount of $79,251.29, to be funded from reserves. EXECUTIVE SUMMARY The purpose of this Report is to obtain Council endorsement for payment to a developer regarding storm sewer oversizing in Oak Park Subdivision. BACKGROUND The Town entered in to a front ending agreement in 2005 with 1300908 Ontario Inc. (the Developer). The agreement allows for the provision of a storm sewer oversizing charge that was payable to the Developer in the amount of $79,251.29. The Developer has requested the Town provide payment for storm water oversizing which was required by Engineering in the subdivision development. The Developer entered into a Front Ending Agreement with the Town to make provision for payment regarding the oversizing. The agreement was dated December 21, 2005 and was duly executed by the Mayor and the Clerk in 2005. The Town did require the developer to install storm water sewer oversizing as set out in Schedule B of the agreement. The Developer performed the work under the contract that improved the Town's position and believed reimbursement would be forthcoming. CAO TOWN OF TILLSONBURG FRONT-ENDING AGREEMENT THIS AGREEMENT made the 2'1./da) of ~c..•Mth<. r BETWEEN: 1300908 Ontario Inc. hereinalier called the ··owners"" Of' TilE fiRST PART -and- . 2005. THE CORPORATION OF THE TOWN OF TILLSON BURG hereinafier called the ··Town·· OF THE SECOND PART AND WHEREAS the Lands are being developed for residential purposes, and in preparation for such development the Developer will be required to install storm sewer services which are described in Schedule "B" hereto; AND WHEREAS the Services will benefit the Lands as well as other lands (the "Benefiting Lands") set out in Schedule "C" which are owned by persons (the "Benefiting Owners") who are not parties to this Agreement; AND WHEREAS Part Ill of the Development Charges Act. 1997, S.O. 1997, c. 27, as amended, permits the Municipality and the Developer to enter into this Agreement; AND WHEREAS Council of the Municipality resolved on [date} to au- thorize the Municipality to enter into a front-ending agreement to provide for the performance of certain works and services by or on behalf of the Developer in exchange for reimbursement and credits to the Developer of part of the costs of the works and services: NOW THEREFORE, in consideration of the matters agreed to herein and in consideration of one dollar ($1.00) paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, the Developer and the Municipality agree as follows: I. Definitions In this Agreement: • Agreement' means this Agreement and all Schedules thereto and any documents incorporated herein by reference/ "Actual Total Costs" means the actual total costs of constructing' in- stalling or providing the Services listed in Schedule *'B' and certified by the engineer for the Developer, as amended from time to time in accordance with this AgreemenU 4. Municipality's Costs The Municipality's Costs in the amount of$1.00 shall be reimbursed to the Municipality by the Developer upon execution of this Agreement, and shall be included in the Actual Total Costs. 5. Allocation of Costs The Developer represents that the Actual Total Costs have been cal- culated and allocated on the basis of the Cost Sharing Assumptions and that the Cost Sharing Assumptions provide for a reasonable and fair method of allocating the cost of the Services within the Collective Lands. 6. Payments by Benefiting Owners The amounts to be paid by the Benefiting Owner of each property within the Benefiting Lands to the Municipality at the time of execution of this Agreement are set out in Schedule "D", subject to Schedule "F", and subject to amendment !Tom time to time in accordance with this Agreement. If a Benefiting Owner requires an approval to subdivide land under section 51 or 53 of the Planning Acl, R.S.O. 1990, C. P.l3, as amended, the Municipality shall require the Benefiting Owner to pay its proportion of the Actual Total Costs (a "Front-End Payment") con- currently with and in addition to any Development Charge payable by the Benefiting Owner to the Municipality. If a Benefiting Owner does not require such an approval, the Municipality shall require the benefiting Owner to make its Front End Payment upon the issuance of the first building permit for a structure on the Benefiting Lands owned by tl1e Benefiting Owner. Subject to Section 20, the Municipality shall pay to the Developer each Front-End Payment it receives, in accordance with the provisions of the agreement Should the configuration of any parcel of land within the Benefiting Lands be altered due to transfers of land, the affected Benefiting Owners shall be required to pay an adjusted proportionate share of the Actual Total Costs derived !Tom and based upon the application ofthe Cost Sharing Assumptions.-A 7. Term of Front-End Payment Obligations The obligation of a Benefiting Owner to make a Font-End Payment hereunder shall continue for a period of 40 years after the Effective Date set out in Section 12 below. 8. Adjustment of Actual Total Costs The Actual Total Costs shall be adjusted annually in accordance with the most recent twelve-month change in the Composite Index of the Engineering News Record Cost Index (Toronto). Further, in the event that the Municipality, acting reasonably, requires the installation of services in addition to those set out in Schedule "B", then the Actual Total Costs as shown on Schedule D" shall be increased accordingly. 9. Mandatory Requirements for Front-Ending Agreement The Development Charges Acl. 1997 sets out certain mandatory pro- visions of front ending agreements. The following identifies where these required provisions are contained in this Agreement: (a) a description of the work to be done is set out in Schedule B" and to execute all further documents as may be necessary to register this Agreement against the Collective Lands." 12. Effectin Date of this Agreement This Agreement shall become effective on the date of the execution of this Agreement by the Municipality and the Developer. 13. No Effect on Planning Act Deliberations or Decisions The Developer and the Municipal ity acknowledge that the Municipality is obliged to duly consider applications under the Planning Act regarding the development of the Lands on the merits of such applications, to hear and consider any objections, comments or concerns with respect thereto. and to make appropriate determinations in the Municipal Coun- cil's unfettered discretion on such applications in accordance with the provisions and procedures of the Planning Act. the Municipality's Of- ficial Plan and the Upper-Tier Municipality's Official Plan, and without regard to this Agreement. The Developer further acknowledges and agrees that the Municipality is under no obligation by virtue of this Agreement. or otherwise, to grant any approvals whatsoever for any contemplated development or use of the Lands?5 14. Estoppel The Developer and the Municipality shall be and are hereby estopped from asserting in any proceeding at any time and in any forum that the Municipality does not or did not have lawful authority to enter into this Agreement. or that any of the terms of this Agreement are not within the jurisdiction or capacity of the Municipality to enter into. The Developer acknowledges that it has voluntarily entered into this Agreement36 15. Special Accounts The Municipality shall place all money received pursuant to this Agreement into a special account and, subject to this Agreement, such money shall be dealt with in accordance wijh the Development Charges Act, 1997The Municipality shall forward such moneys as may be within the special account on a jdate] basis to the Developer (or to such person or person to whom the Developer has in writing directed) on {date). 16. Time of Essence Time shall be of the essence in this Agreement. Developer. The Developer covenants and agrees to hold harmless and indemnify the Municipality against any claim whatsoever arising out of any error or alleged error in these Schedules/" 20. Successors and Assigns This Agreement shall ensure to the benefit of and shall be binding upon the Parties and their respective successors and assigns, subject only to any limitations explicit in this Agreement. SCHEDULE" A" DESCRIPTION OF THE LANDS !\II or Registered Plan .J I M-I·B. and 41M-144. in the Town ofTillsonburg. in the County of Oxford SIIOR r-FORM FRONT-ENDING AGREEMENT SCHEDlJLE"C" COST SHARING ASSUMPTIONS [insert applicah/eji·ont-ending cost-sharing methodology I SCHEDULE G" NON- REIMBURSABLE SHARE ALLOCATION {insert amou/11 oforfimuulafor determining allocation o.fnon- reimbursahle share I STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: AIRPORT TRANSFORMER Report No.: DCS 14-29 Author: ANNETTE MURRAY Meeting Type: COUNCIL MEETING Council Date: MAY 26, 2014 Attachments: RECOMMENDATION: "THAT Council receive Report DCS 14-29 Airport Transformer AND THAT Council approve the reallocation of $10,000 in funding from outsourced grass cutting towards the installation of a new transformer at the Tillson burg Regional Airport to support new hangar investments; AND THAT staff be authorized to sole source the costs related to the connection of the transformer to Harry's Electric Inc." EXECUTIVE SUMMARY Electrical service at the airport is provided through Hydro One Networks Inc who has previously installed three transformers and related electrical infrastructure. These transformers are used to supply electricity to the Airport Terminal building and both the commercial and private hangars. These transformers provide a number of connections for tenants and all of the connections have been allocated. Hence, a new transformer is required to support the growth and expansion of the airport through new hangar construction. As Council is aware, the construction of new hangars drives revenue at the airport through both land lease and fuel fees and the new transformer will enable up to eight additional hangars to be constructed. Increased revenue supports the Corporation's goal of decreasing the net levy requirement for Airport operations. STAFF RE_PORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: AIRPORT HANGAR LAND LEASE DCS 14-28 ANNETTE MURRAY COUNCIL MEETING MAY 26, 2014 LEASE-GREG_HARVEY-F(MAY8,14) "THAT Council receive Report DCS 14-28 Airport Hangar Land Lease AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034 subject to the terms and conditions contained within the lease agreement." EXECUTIVE SUMMARY Staff has been pursuing this opportunity since Mr Harvey contacted the airport in April 2013 and have negotiated a lease agreement with Mr Harvey for a 20 year term. The hangar will be located along the west side of the Airport in the General Aviation area and, if approved, will be the 17th hangar constructed at the airport. As Council is aware, the construction of new hangars drives revenue at the airport through both land lease and fuel fees. Increased revenue supports the Corporation's goal of decreasing the net levy requirement for Airport operations. In order to support this goal, staff will continue their business development efforts both in terms of seeking out additional opportunities to expand the airport tenant base as well as potential partnership opportunities. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature ANNETTE MURRAY DAVID CALDER {ACTING) DARRELL EDDINGTON Page 3 I 3 Date: MAY 6 I 2014 Date: MAY 20 2014 I Date: MAY 20 2014 I CAO WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) Made this 1st day of August, 2014. BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Greg Harvey (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property") in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 48 feet wide by 64 feet deep comprising of approximately 3,072 square feet, more or less, as marked on Schedule "A" (the "Premises") to construct a new airplane hangar (the "Hangar"). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2} The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2} The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Renf'): For every year of the Term, the sum of $890.88 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1 ., then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1•' day of the year commencing on January 1•1, 2015 and every 1•1 day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3} The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4} The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: 3 (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an airport hangar for the storage and repair (subject to article 5(3)(d)) of airplanes without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Constitute a nuisance; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 5(2)(e) or as a result of the septic bed system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons, and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Airport Administrator of any changes or activities inside or outside the Hangar; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, OJ Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) The dimensions of the Hangar shall be 64 feet by 48 feet; Lessor's Initials ___ _ Lessee's Initials ___ _ 5 (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Lessor's signage requirements and complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including, but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or Lessor's Initials Lessee's Initials ___ _ 7 (4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this article and articles 1 0(3) and 1 0(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles (6(3) and 7(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the ''Third Party Offer") the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee's interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor's discretion, as contained in the Third Party Offer (the "Lessor's Offer"). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor's Offer. If the Lessor does not exercise its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing Lessor's Initials Lessee's Initials ___ _ 9 (2) Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to included the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the resuk of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. Lessor's Initials Lessee's Initials ___ _ \ ) THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3831 BEING A BY -LAW to enter into an Airport Lease Agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034. WHEREAS it is deemed necessary and expedient to enter into a Lease Agreement between the Town ofTillsonburg and Greg Harvey; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a Lease Agreement with Greg Harvey regarding the lease of lands identified in the Lease; AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. That the Lease Agreement attached hereto as Schedule A forms part of this 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 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 261H DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3831 BEING A BY -LAW to enter into an Airport Lease Agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20} year term expiring on December 31, 2034. WHEREAS it is deemed necessary and expedient to enter into a Lease Agreement between the Town of Tillsonburg and Greg Harvey; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a Lease Agreement with Greg Harvey regarding the lease of lands identified in the Lease; AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. That the Lease Agreement attached hereto as Schedule A forms part of this 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 26TH DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR-Dave Beres TOWN CLERK-Donna Wilson Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE IT WORK PLAN UPDATE FIN 14-23 DARRELL EDDINGTON COUNCIL MEETING Council/Committee MAY26, 2014 Date: Attachments: TILLSONBURG PROJECT STATUS RECOMMENDATION THAT Council receives report FIN 14-23 IT Work Plan Update as information. EXECUTIVE SUMMARY To provide a status report to Council for the IT Work Plan. BACKGROUND Council may recall that an IT Work Plan status report was presented to Council at the meeting of March 24, 2014. Since that time, the following key items have occurred: -Microsoft license audit is complete. The cost to get current as well as obtain software assurance is $209,260.25 plus HST. However, the payment is spread over three years. The 2014 payment is $68,495.55 plus HST. The payment~ for 2015 and 2016 will be budgeted for in those budget years. The 2014 budget is $200,000. Therefore, staff may be requesting that some of this excess operating budget may need to be moved to the IT capital budget and will provide Council with follow up reports as needed to support this potential transfer. -Continued roll out of new personal computer hardware and software. -Dell Canada storage replacement plan was reviewed by County IT and Deloitte's and subsequently approved by staff. Cost is $78,413.01 plus HST. The approved configuration gives us the flexibility, if required, to expand the infrastructure with a minimum of cost. It also allows a disaster recovery plan to be implemented with the County of Oxford as the backup site since the County uses a similar configuration, only larger. -Servers are to be ordered. -In installing the switches, IT identified an issue with the Town's phone system in that due to its age, the phone system is not compatible with the new switches. CAO Fill in all of the white cells with the necessary infonnatiQn. To view additional instructions, hover your mouse over the table column headings. Tillsonburg IT Strategic Plan Implementation January 1, 2014 December 31 , 2018 Michael McCuaig is completed. Just waiting for paper work and licenses fleet replaced. Need to install audit software. for new server space to install Ongoing capacity management Task Not Yet Started 12/31/2018 Town of Tillsonburg SMG 11.1 Develop and Implement IT governance structure Task Not Yet Started 6/30/2015 Maintenance and refresh Task Not Yet Started 12/31/2018 Task Not Yet Started 6/30/2014 Task Not Yet Started 12/31/2018 Conduct BIA and design implement DRP Task Not Yet Started 12/31/2016 Task Not Yet Started 6/30/2015 Page 5 STAFF REPORT OPERATIONS SERVICES Title: Tender Results for Concrete Curb & Gutter and Sidewalk Report No.: Author: Meeting Type: OPS 14-11 K. De Leebeeck, P.Eng., Manager of Engineering S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receive Report OPS 14-11 Tender Results for Concrete Curb & Gutter and Sidewalk, AND THAT Tender T2014-002 be awarded to Fortese Concrete Ltd. of London, Ontario at a cost of $96,112.15 (HST included). EXECUTIVE SUMMARY Tenders were called for the Concrete Curb & Gutter and Sidewalk Tender with seven (7) plan takers and a total of six (6) bids received on May 13th, 2014 with the lowest bid from Fortese Concrete Ltd. of London, Ontario at a cost of $96,112.15 (HST included). COMMENTS The project includes the replacement of miscellaneous sidewalk and curb and gutter in the 2014 Operations Services Business Plan and Budget under Maintenance Programs. The concrete sidewalk and curb and gutter work consists of replacement of damaged pieces within the capital asphalt resurfacing areas as well as numerous locations throughout the Town as identified during the Sidewalk Inspection Program. The tender was advertized on the Tillsonburg website, Tillsonburg News and the Daily Commercial News. CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES Tender Results for Hot Mix Asphalt Paving OPS 14-12 K. De Leebeeck, P.Eng., Manager of Engineering S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receive Report OPS 14-12 Tender Results for Hot Mix Asphalt Paving, AND THAT Tender T2014-003 be awarded to Ekum-Sekum Incorporated o/a Brantco i Construction of Cambridge, Ontario at a cost of $221,924.66 (HST included). EXECUTIVE SUMMARY Tenders were called for the Hot Mix Asphalt Paving Tender with five (5) plan takers and a total of four (4) bids received on May 13th, 2014 with the lowest bid from Ekum-Sekum Incorporated o/a Brantco Construction of Cambridge, Ontario at a cost of $ 221,924.66 (HST included). COMMENTS The project includes the full depth resurfacing of Baldwin Street from Rolph Street to Holland Gate as well as minor asphalt patching and repairs as a result of maintenance work from Tillsonburg Hydro Inc. and the Town's Water and Public Works Departments. The resurfacing area was identified in the 2014 Operations Services Business Plan and Budget under Capital and Maintenance Programs. The tender was advertized on the Tillsonburg website, Tillsonburg News and the Daily Commercial News. CAO STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: AGREEMENT WITH TILLSONBURG SCOUTING ASSOCIATION FOR THEIR USE OF GIBSON HOUSE Report No.: PRS 14-11 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: • FACILITY USE AGREEMENT RECOMMENDATION THAT Council receives report PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House as information; AND THAT Council authorize a non-exclusive Facility Use Agreement between the Town of Tillsonburg and the Tillson burg Scouting Association. EXECUTIVE SUMMARY In 1968 Council authorized the use of Gibson House by the Tillsonburg Boy Scout Camp Committee by resolution. Since then, various iterations of the group have used the building for meetings and storage of their equipment, but no formal agreement setting out expectations was ever put in place. The Tillsonburg Scouting Association has indicated they want to continue to have exclusive use of Gibson House. Staff has been negotiating with representatives of the Tillson burg Scouting Association to arrive an agreement. BACKGROUND In February 1968, Town Council approved the following resolution: "RESOLVED THAT subject to the approval of the Tillsonburg Public Utilities Commission, the Concession Street pump house be made available to the Tillsonburg Recreation Commission for the purpose of the Tillsonburg Boy Scout Camp Committee." Since then various groups associated with Scouting in Tillsonburg have used Gibson House for meetings, equipment storage, activities, and fundraising initiatives. In 2013 PRS staff allowed another group to store a small boat in the Gibson House. Out of this situation it became clear that the Scout group understood that they would enjoy exclusive use of Gibson House, which did not match the expectation of PRS staff. The need for an agreement that clarified the arrangement led to a draft agreement being developed, shared & discussed with representatives of the Scouting groups, and finally being reviewed by the Town's lawyers. 1/3 PRS 14-11 -Agreement with Tillsonburg Scouting Association.docx CAO FINANCIAL IMPACT /FUNDING SOURCE N/A APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-11-Agreement with Tillsonburg Scouting Association.docx Rick Cox, Director Of Parks & Recreation Rick Cox, Director Of Parks & Recreation Darrell Eddington 3/3 DATE: 2014-APR-17 DATE: 2014-APR-17 DATE: CAO THIS FACILITY USE AGREEMENT made this [•] day of [•], 2014. BETWEEN: RECITALS: Tillsonburg Scout Association (hereinafter called "Scouts") -and- TOWN OF TILLSONBURG (hereinafter called the "Municipality") WHEREAS the Municipality owns the building and park lands known as "Gibson House" and the "Gibson House Dock" (the "Municipal Lands"); AND WHEREAS the Parties are entering into this Agreement to set out their understandings in connection with the permitted use by the Scouts of the Municipal Lands; NOW THEREFORE in consideration of Two Dollars ($2.00) paid by the Scouts to the Municipality, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Scouts and the Municipality agree as follows: 1.0 DEFINITIONS 1.1 In this Agreement, unless the contrary intention appears: (a) "Agreement" means this facility use agreement and all schedules attached hereto; (b) "Law" and "Laws" shall mean and include all applicable laws, by- laws, regulations, requirements, orders, notices, policies and directions of all governmental or regulatory authorities and any other persons having jurisdiction over the Municipal Lands, the Parties or any of them; (c) "Municipal Lands" has the meaning set out in the first recital of this Agreement; 2.0 MUNICIPAL LANDS 2.1 Subject to the terms of this Agreement, the Municipality agrees that the Municipal Lands may be accessed and used by leaders, administrators and members of Scouts, on a non-exclusive basis, for recreational purposes specifically related to the operation of the Tillsonburg Scout Association. Gibson House agreement Final.docx 1/6 2014-APR-03 \ 3.0 -3- (a) place or erect any new or additional structure on the Municipal Lands; (b) dig on or intentionally alter the surface of the Municipal Lands; (c) make any identifiable tenant alterations or improvements (d) mark or paint any surface of the Municipal Lands; (e) leave any litter or refuse on the Municipal Lands; (f) post or display any new or additional Municipal Lands or any structures (g) park any vehicle on the Mun · basis in the designated pub foregoing, the Scouts Municipality to dock up boats) on Lake Lisgar. Any additions, alterations or re Scouts shall ............. .,.,"'l,,.t than on a temporary s. Notwithstanding the rmission from the water craft (sail s by the unless 3.1 The rams held on the of its own programs, 4.0 4. 5.0 of r and so long as this Agreement irperson of the Tillsonburg Scout Association rks & Recreation shall meet at a mutually order to discuss matters of mutual concern to the subject matter of this Agreement. 5.1 This Agreeme II take effect upon its execution and shall continue for a period of three (3) years at which time it will renew automatically on an annual basis, unless either Party provides notice of termination in writing at least sixty (60) days prior to the expiration of the then current term. 6.0 INSURANCE 6.1 Throughout the term of this Agreement, Scouts shall obtain and maintain the insurance shown below: Gibson House agreement Final.docx 3/6 2014-APR-03 - 5 - Or such other address or individual as may be designated by notice by the Parties to the other. Any Communication given by personal delivery, email or facsimile transmission shall be conclusively deemed to have been given on the day of actual delivery thereof if given prior to 4:30 p.m. on a business day, and if given after 4:30 p.m. or not on a business day, on the next business day, and, if given by prepaid mail, on the fifth business day following the deposit thereof in the mail. If the Party giving any Communication knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such Communication shall not be mailed, but shall be given by personal delivery, facsimile or email transmission. 8.4 This Agreement with all attached Schedu agreement between the Parties re Agreement, and supersedes all prior ny) constitutes the entire subject matter of this neous agreements, oral or written, understandings, negotiations, a with respect thereto. There agreements between the this Agreement except as 8.5 This Agreement shall the laws of the P 8.6 ntations, or other ubject matter of nee with any of the Lands, other t of both Parties. IN WITNESS Gibson House agreement Final.docx ASSOCIATION Name: Title: THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Per: Name: Title: 5/6 2014-APR-03 Title: Report No.: Author: Meeting Type: e --:s STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT TRI-COUNTY AGRICULTURAL SOCIETY FUNDING REQUEST PRS 14-14 Rick Cox COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: • 2014 AGRICULTURAL FAIR BUDGET RECOMMENDATION THAT Council receives report PRS 14-14 Tri-County Agricultural Society Funding Request as information; AND THAT Council issue a one-time grant of $5,000 to the Society for the 160th Tillsonburg Agricultural Fair; AND THAT the one-time grant be funded from reserves. EXECUTIVE SUMMARY A delegation from the Tillsonburg Tri-County Agricultural Society requested $10,000 from Council as a one-time grant to enhance the 160th Fair and as compensation for the revenue the Society will lose as a result of the Town's decision to no longer allow the Fair to use the Colin Campbell Community Rink surface for a vendors market. Staff recommend that the Town provide a one-time grant of $5,000 plus waive the cost of removing glass for the indoor concert. BACKGROUND Town staff identified operational savings that could be realized if the annual August events (Agricultural Fair and the Shriner's BBQ) were shifted to the Memorial Arena floor instead of the Community Rink floor. The change means that the ice would not need to be removed from the Community Rink in 2014 and the ice would be put into the Memorial rink in September when the weather is typically cooler than in August. The annual savings in utilities, labour and supplies is estimated to be at least $4,000. Town staff approached the Agricultural Society and the Shriners with this shift in venue, and both organizations agreed to the change. The Society understands and supports the cost savings initiative of switching to the Memorial Arena floor, but has asked for a one- time grant as a consideration for giving up the revenue from the vendor displays. In previous years the Society has generated approximately $4,000 in fees from the vendors on the Community Rink floor, but prior experience shows that the vendors would not be 1/3 PRS 14~ 14-Tri-Cowtty Agricultural Society Funding Request.docx CAO The Society submitted an application to the Cultural Advisory Committee grant program for $2,200, which is consistent with the past several years' applications. At their meeting on May 7, 2014 the Advisory Committee evaluated the request and is recommending the request be approved for $750. These funds are to come from the Cultural Grants allocation. Staff recommends that if Council approves the one-time grant of $5,000 that it be funded from general reserves. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-14-Tri-County AgriculturaJ Society Funding Request.docx Rick Cox, Director Of Parks & Recreation Rick Cox, Director Of Parks & Recreation Darrell Eddington Director of Finance 3/3 DATE: 2014-MAY-05 DATE: 2014-MAY-05 DATE: 2014-MAY-20 CAO 2014 Tri County Agricultural Society Budget Revenue Carry forward Gates Nevada Vendors Other Concert Expenses Gates Nevada Vendors Other Performers & exhibits Concert Contingency NET SURPLUS (DEFICIT) Rink glass out for concert 160th Anniversary FMX Motorbikes Children's entertainers 2013 Actual $ (3,000) $ 21,035 $ 5,220 $ 4,200 $ 28,928 $ 56,383 $ 1,800 $ 2,199 $ 1,721 $ 37,360 $ 12,202 $ 55,282 $ 1,101 Request is for Budget $ 1,101 $ 25,000 $ 1,000 $ 24,500 $ 33,000 $ 84,601 $ 1,800 $ 37,000 $ 12,000 $ 29,600 $ 2,500 $ 82,900 $ 1,701 $ 1,000 $ 1,000 $ 5,650 $ 2,350 $ 10,000 2014 Request $ 10,000 $ 10,000 $ 9,000 $ 1,000 $ 10,000 $ Total $ 25,000 $ $ 1,000 $ 24,500 $ 33,000 $ 10,000 $ 93,500 $ 1,800 $ $ $ 37,000 $ 21,000 $ 30,600 / $ 2,500 $ 92,900 $ $ 1,701 Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS AND RECREATION SERVICES Concrete step failure at the Tillsonburg Community Centre PRS 14-15 KELLY l. BATT COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: RECOMMENDATION THAT Council receives Report PRS 14-15 Concrete Step Failure at the Tillsonburg Community Centre; AND THAT Council approve the expenditure of $13,500 to relocate the handrails on the stairs to the West entrance of the Tillson burg Community Centre to an area where the concrete is sound and create gardens to conceal the damaged concrete; AND THAT Council approve the expenditure of $11,000 to install magnetic locking doors at the West entrance of the Tillsonburg Community Centre to control access and improve traffic flow; AND THAT Council approve the remaining $15,500 for the compressor replacement project be contributed to reserves. EXECUTIVE SUMMARY During the winter of 2013-2014 two major sections of the south entrance staircase failed due to water migration and deep freezing. This entrance was installed in 1972 as part of the building construction. Over the years staff has tried to repair the stairs via in house repairs and using local contractors. The stairs are at a point of needing total replacement, partial reconstruction or repositioning. BACKGROUND INFORMATION When the south entrance Hardy Avenue stairs failed during the winter of 2013- 2014, staff hoarded the damaged sections with lumber and put up caution tape to re route guests. Once the snow was gone, a meeting was convened with the Fire Chief and the Chief Building Official to determine possible options to minimize cost and still maintain a suitable egress to this portion of the facility. It was determined that the most feasible option was to relocate the handrails to areas where the concrete steps were still sound and cover the damaged concrete with wood planters. This option will clearly define where the staircases are located and also provide handrails for all guests using the staircase. 1/4 PRS 14-15-Concrete step repairs TCC.docx CAO 3. Recommended Option: Cut out the existing railings and reposition them on more stable concrete to the side of the existing steps. Add pressure treated lumber to encase the damaged concrete and create expanded gardens within the area. Garden and wood cost is about $4,000. Add magnetic locks for doors that tie into the fire alarm system $11,000. Relocate handrails at a contractor budget cost of$ 9,500 depending on how much rebar is located within the existing concrete. Estimated Cost 24 00 As the same time as doing this repair, staff from the Building Department, Fire Services and Facilities agreed that since the area was being reconfigured, it might be a good time to install magnetic locking doors to accomplish the following goals: • Improve energy efficiency. When the doors open without a vestibule the heat escapes in the winter and in the summer hot humid air fills the lobby thus increasing the air conditioning load. • User and staff comfort would be improved because when someone opens up the doors facing west on a windy or cold day the other people in this area receive a blast of cold air without a vestibule present to temper the influx of cold air. On windy days papers blow off the desk at the reception desk and it is not very comfortable for our customers using the services at the reception desk when these situations occur. • Improve controlled access and reduce wear and tear on aging doors which would help increase the operating life of the doors. 3/4 PRS 14-15-Concrete step repairs TCC.docx CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: Municipal Facility Housekeeping Tender Results Report No.: PRS 14-16 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: • Municipal Facility Housekeeping Services Tender T-02-14 Results Summary RECOMMENDATION THAT Council receives Report PRS 14-16 -Municipal Facility Housekeeping Tender Results AND THAT Council award the housekeeping contracts for 2014-2018 as follows at the rates submitted through the tender process: • Corporate Offices, Public Works and Fire Hall to Steam Canada • Annandale House to SQM Janitorial • O.P.P. Station and Customer Service to Green Care Janitorial • Tillsonburg Community Centre Zones 1,2 and 3 to Green Care Janitorial AND THAT a By-Law be brought forward for Council's consideration. EXECUTIVE SUMMARY The cleaning services contracts for Town facilities expire in May 2014. A tender process was initiated to secure pricing for the next five-year contract cycle. Staff recommends extending the facilities serviced by contract cleaners to include three of the five zones at the Community Centre. The very competitive tender process results in an opportunity for the Town to implement an improved level of housekeeping service at a lower cost than the expiring contracts. BACKGROUND INFORMATION Currently, the Town has contracted cleaning services at most Town-owned facilities. Town staff provides cleaning services to the Tillsonburg Community Centre, Cemetery, Summer Place, and Waterpark. The contracts expire in May 2014 and staff initiated the tender process to secure pricing for the next five years. Staff took this opportunity to include the Tillsonburg Community Centre in the tender process to determine if the current in-house model provided the most value to the Town. The tender included all facilities currently cleaned by contract housekeeping as well as the five zones of the Tillson burg Community Centre which are currently cleaned 113 PRS 14-16 -Municipal Housekeeping Tender Results.docx CAO In the final analysis, staff recommends that the Town eliminate the part-time housekeeper positions and in addition to the existing contracted locations, contract out housekeeping in three zones of the Community Centre, areas which include the administrative offices, Lions Auditorium, Pool, Health Club & Senior Centre. There are four individuals whose employment with the town is affected by this. If Council approves this direction, staff can initiate the process by which their specific information can be transmitted to the new contractors so they can make the required offers of employment or severance. Staff also recommends that the transition take place over the next six weeks so that the new cleaning contracts would begin with July 7, 2014. The contracts contain clauses protecting the Town to the extent that the contracts can be terminated if the required performance standards are not met. CONSULTATION/COMMUNICATION The tender ads were communicated through the internet and the newspaper to conform to approved procurement procedures. FINANCIAL IMPACT /FUNDING SOURCE On an annual basis, the consolidated cost of the solution that staff is recommending is approximately 20% less than current budget allocations for contracted and part- time housekeeping. If the contracts are implemented for July 7, 2014, the anticipated savings for the remainder of the year are anticipated to be $15,000. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-16-Municipal Housekeeping Tender Results.docx Kelly J. Batt Parks & Facilities Manager Rick Cox Director of Parks & Recreation Darrell Eddington Director of Finance 3/3 DATE: MAY 5, 2014 DATE: May 15, 2014 DATE: May 21, 2014 CAO All pricing rxcludrs HST 5 times per week (Monthly price) Corporate Office Tillsonburg OPP Station Customer Service Centre Annandale House Public Works 3 times per week I Monthly price) Corportate Office Tillsonburg OPP Station Customer Service Centre Annandale House Public Works Fire Hall 2 times per week (Monthly price) Public Works Fire Hall once per week (monthly price) Fire Hall Hourly Cost for ertra cleanine as required Tlllsonburc Community Centre Monthly 7 times per week Zone 1 Zone2 Zone 3 Zone 4 (Not contracted out) Zone 5 (Not contracted out) All pricing rxdudrs HST 5 times per week (Monthly price Corporate Office Tillsonburg OPP Station Customer Service Centre Annandale House Public Works 3 times per week (Monthly price) Corportate Office Tlllsonburg OPP Station Customer Service Centre Annandale House Public Works Fire Hall 2 times per week (Monthly price) Public Works Fire Hall once per week (monthly price Fire Hall Hourly Cost for ertra cleanin1 as required Tillsonbure Community Centre Monthly 7 times per week Zone 1 Zone 2 Zone 3 Zone 4 (Not contracted out) Zone 5 (Not contracted out) Total Total Total Total Total Total Total Total! S SQM Janitorial 5 Year Total Ave race 7,440.60 1,488.12 9,920.74 1,984.15 7,440.60 1,488.12 2,738.28 547.66 5,478.19 1,095.64 6,603.68 6,S73.82 1,314.76 7,440.60 1,488.12 5,211.49 1,042.30 2,465.22 493.04 4,930.37 986.07 3,286.92 657.38 5,981.68 3,286.92 657.38 2,191.21 438.24 1,095.63 1,369.52 273.90 20,890.86 4,178.17 20,707.86 4,141.57 24,372.72 4,874.54 27,854.53 5,570.91 27,854.53 5,570.91 24,336.10 Supreme Cleanine: 5yeartotal Ave race 6,000.00 10,400.00 5,415.00 4,330.00 5,200.00 6,500.00 3,500.00 7,500.00 3,900.00 2,600.00 3,465.00 2,600.00 2,166.65 1,400.00 23,000.00 20,030.00 17,535.00 23,000.00 23,000.00 1,200.00 ~ 1,083.00 866.00 1,040.00 6,269.00 1,300.00 700.00 1,500.00 780.00 520.00 693.00 5,493.00 520.00 433.33 953.33 280.00 4,600.00 4,006.00 3,507.00 4,600.00 4,600.00 21,313.00 Municipal Facility Housekeeping Services T-02-14 S.rvice Master of london Bee Clean 5yeartotal Ave race 5yeartotal Aver~~e:e 68,299.00 13,659.80 4,649.22 929.84 102,430.00 20,486.00 10,407.12 2,081.42 81,298.00 16,259.60 11,530.08 2,306.02 62,970.00 12,594.00 6,694.89 1,338.98 73,291.00 14,658.20 3,570.62 714.12 n,657.60 7,370.39 50,828.00 10,165.60 2,789.54 557.91 73,S53.00 14,710.60 6,344.27 1,268.85 56,963.00 11,392.60 6,651.96 1,330.39 45,655.00 9,131.00 4,016.75 803.35 53,012.00 10,602.40 2,142.37 428.47 51,557.00 10,311.40 3,570.62 714.12 66,313.60 5,103.10 43,965.00 8,793.00 1,428.24 285.65 41,885.00 8,377.00 2,380.41 476.08 17,170.00 761.73 32,526.00 6,505.20 1,190.20 238.04 20,764.45 4,152.89 No Bid 19,538.77 3,907.75 17,303.72 3,460.74 20,764.4S 4,152.89 20,764.45 4,152.89 19,827.17 Precise Cleaninc Horizon Maintenance 5 year total Ave race 5 year total I Averae:e 5,630.00 1,126.00 5,102.00 1,020.40 7,397.12 1,479.42 11,748.00 2,349.60 9,215.49 1,843.10 9,484.00 1,896.80 4,805.00 961.00 4,520.00 904.00 4,580.00 916.00 4,985.00 997.00 6,325.52 7,167.80 4,525.00 905.00 4,402.00 880.40 5,270.40 1,054.08 10,396.00 2,079.20 6,682.00 1,336.40 7,847.00 1,569.40 3,500.00 700.00 3,460.00 692.00 3,350.00 670.00 3,955.00 791.00 3,625.00 ns.oo 4,144.00 828.80 5,390.48 6,840.80 3,135.00 627.00 3,211.00 642.20 3,475.00 695.00 3,381.00 676.20 1,322.00 1,318.40 2,550.00 510.00 2,913.00 582.60 No Bid 21,692.00 I s 4,338.40 No Bid Green Care Janitorial 5yeartotal 5.445.00 3,925.00 4,500.00 4,100.00 3,845.00 4,400.00 3,340.00 3,750.00 ~ 3,125.00 3,125.00 2.475.00 2,375.00 1,725.00 11,500.00 11,250.00 9,900.00 10,300.00 9,925.00 Avera1e 1,089.00 785.00 900.00 820.00 769.00 4,363.00 880.00 668.00 750.00 540.00 625.00 625.00 4,088.00 495.00 475.00 970.00 345.00 2,300.00 2,250.00 1,980.00 2,060.00 1,985.00 10,575.00 GDI Oeanin& Servkes 5yeartotal Ave race 7,584.20 1,516.84 12,995.04 2,599.01 9,708.42 1,941.68 5,931.96 1,186.39 5,436.44 1,087.29 8,331.21 5,514.15 1,102.83 9,484.32 1,896.86 7,115.9S 1,423.19 4,527.66 905.53 4,032.16 806.43 4,032.16 806.43 6,941.28 3,330.02 666.00 3,330.02 666.00 1,332.01 3,343.00 668.60 23,071.48 4,614.30 23,071.48 4,614.30 26,367.37 5,273.47 26,367.37 5,273.47 26,367.37 5,273.47 25,049.01 Cheema Cleanine 5yeartotal Aver111e 5,750.00 1,150.00 4,100.00 820.00 4,750.00 950.00 4,000.00 800.00 4,050.00 810.00 4,530.00 4,250.00 850.00 3,425.00 685.00 3,600.00 no.oo 3,250.00 650.00 3,000.00 600.00 2,750.00 550.00 4,055.00 2,600.00 520.00 2,400.00 480.00 1,000.00 1,875.00 375.00 12,250.00 2,450.00 11,250.00 2,250.00 10,550.00 2,110.00 10,250.00 2,050.00 10,250.00 2,050.00 10,910.00 Commercial Cleanin1 Services 5ye•rtotal Ave race 6,375.00 1,275.00 8,890.00 1,778.00 7,062.00 1,412.40 4,701.00 940.20 4,140.00 828.00 6,233.60 4,826.00 965.20 6,558.00 1,311.60 5,463.00 1,092.60 3,557.00 711.40 3,227.00 645.40 3,289.00 657.80 5,384.00 2,565.00 513.00 2,845.00 569.00 1,082.00 2,153.00 430.60 16,738.00 3,347.60 20,296.00 4,059.20 16,484.00 3,296.80 15,749.00 3,149.80 16,587.00 3,317.40 17,170.80 Steam Canada 5 year total Aver~~ce 2,947.79 s 589.56 13,064.42 s 2,612.88 8,857.77 $ 1,771.55 8,857.77 s 1,771.55 2,956.48 s 591.30 1,965.19 8,709.60 5,905.18 5,095.90 1,948.62 1,767.07 1,312.79 1,2S6.33 628.17 17,782.12 17,782.12 17,782.12 17,782.12 17,782.12 7,336.85 393.04 1,741.92 ~ 1,019.18 389.n 353.41 5,078.31 262.56 251.27 513.82 125.63 3,556.42 3,556.42 3,556.42 3,556.42 3,556.42 17,782.12 \ I STAFF REPORT PARKS AND RECREATION SERVICES Title: Health Club Entrance Accessibility Renovations Report No.: Author: Meeting Type: PRS 14-17 KELLY J. BATT COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: RECOMMENDATION THAT Council receives Report PRS 14-17-Health Club Entrance Accessibility Renovations AND THAT Council award the project to Dean Masson at the tendered price of $40,165.00 plus H.S.T. EXECUTIVE SUMMARY A tender was issued for Health Club renovations. The tender was advertised using approved procurement procedures and closed on May 8, 2014. Three contractors picked up packages and all three submitted bids. Staff recommend the project be awarded to Dean Masson at the tendered price of $40,165.00 plus HST. BACKGROUND INFORMATION In the 2014 Capital plan $50,000 was earmarked for Health Club accessibility renovations at the Tillsonburg Community Centre. Staff retained the services of Gray and Fick to create construction drawings for the tender and the building permit. An optional site meeting was held on April 24 2014 with three contractors in attendance and following the site meeting other telephone inquiries were received regarding the project, without anyone else picking up packages. The tender closed on May 8, 2014 and the three bids were received as illustrated below; T-06-14 Health Club Entrance Accessibility Renovations Company Name Net Price H.S.T. Total Dean Masson Construction $40,165.00 $5,221.45 $45,386.45 SEM Construction $46,400.00 $6,032.00 $ 52,432.00 Grassmere Construction $46,274.00 $ 6,015.62 $ 52,289.62 112 PRS 14-17-Health Club Entrance Accessibility Renovations.docx CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: Tender Results O.P.P. Flooring Replacement Report No.: PRS 14-18 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: RECOMMENDATION THAT Council receives Report PRS 14-18 -Tender Results O.P.P. Flooring Replacement for information; AND THAT Council award the work to Rick's Carpet at the tendered price of $16,445.56 plus H.S.T. EXECUTIVE SUMMARY A tender was issued for replacement flooring at the O.P.P. station. This project was a continuation and completion of the replacement flooring work begun in 2013. The tender was advertised using approved procurement procedures and closed on May 8, 2014. Several contractors picked up a bid package but only one bid was submitted from Ricks Carpet with a tendered price of $16,445.56 plus H.S.T. BACKGROUND INFORMATION In the 2014 Capital plan $25,000 was earmarked for flooring replacement at the Tillsonburg O.P.P. station. Staff reviewed the remaining scope of work with senior O.P.P. staff to ensure the specifications from the 2013 tender were still the same and proceeded to update the documents for competitive pricing. An optional site meeting was held on April 23, 2014 with one contractor in attendance and following the site meeting other telephone inquiries were received regarding the project, and two additional contractors picked up tender packages. The tender closed on May 8, 2014 and the only bid received was from Ricks Carpet. Tender results are as follows: Tender T-05-14 OPP Flooring Replacement Company Name Net Price H.S.T. Total Ricks Carpet $ 16,445.56 $ 2,137.93 $ 18,583.49 1/2 PRS 14-18-Tender Results OPP replacement flooring.docx CAO Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT CULTURAL ADVISORY COMMilTEE RECOMMENDATION RE TRI- COUNTY AGRICULTURAL SOCIETY FUNDING REQUEST PRS 14-19 Rick Cox COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report PRS 14-19 Cultural Advisory Committee recommendation re Tri-County Agricultural Society Funding Request as information; AND THAT Council approve a $750 grant to the Society from the Cultural Grants Program as recommended by the Cultural Advisory Committee. EXECUTIVE SUMMARY The Cultural Advisory Committee is recommending that the Town provide a $750 grant from the Cultural Grant allocation to the Tri-County Agricultural Society for their Art Attack program. BACKGROUND The Tri-County Agricultural Society filed a grant request with the Cultural Advisory Committee for $2,200 to support their Art Attack program leading up to and during this Fall's 160th Agricultural Fair. The grant request amount is consistent with the past several years' applications. The Advisory Committee evaluated the request at their meeting on May 7, 2014 and is recommending Council provide a grant of $750. The Committee has confirmed with the Society that the program is still viable even though the full request is not being granted. CONSULTATION /COMMUNICATION Members of the Tri-County Agricultural Society made a presentation to the Cultural Advisory Committee about their request. FINANCIAL IMPACT /FUNDING SOURCE These funds are to come from the $10,000 Cultural Grants allocation. Commitments to date, including this recommendation, total $1,250. 1/2 PRS 14-19-Cultural Advisory Committee recommendation re Tri-County Agricultural Society Fwtding Request.docx CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE Credit Card Processing Fees FIN 14-22 Denis Duguay COUNCIL MEETING Council/Committee MAY 26, 2014 Date: Attachments: BY-LAW 3826 CREDIT CARD PROCESSING FEES RECOMMENDATION THAT Council receive Report FIN 14-22 Credit Card Processing Fees; AND THAT Council consider By-Law 3826 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. BACKGROUND Since 2011 when the OEB mandated the utility to offer card payments, the Town on behalf of Tillsonburg Hydro Inc., has accepted credit card payments for utility payments using a third party vendor, Paymentus. This vendor adds a credit card service charge to recover their cost, thus eliminating any processing fees charged to Tillsonburg Hydro Inc. In 2013, this service was used on 45 occasions for utility payments. On December 18, 2013, Finance was notified by the third party vendor that as January 15, 2014, Visa Canada will no longer permit the application of a surcharge without a Council approved By-Law in place specifically permitting surcharges on Visa card payments. On January 15, 2014, Finance received notification the deadline had been extended to March 31, 2014 to allow negotiations between Visa Canada and the third party vendors. MasterCard and American Express are not affected by these changes. Comments The cost to any supplier to accept credit cards as payment for goods and services provided can be substantial. The amount charged can vary from 1.5% to over 5% depending on the credit card presented. In realising the convenience to the public to use credit cards for utility payments, the Town has used a third party vendor, for Tillson burg Hydro Inc., to accept card payments and allow their service fee be charged to offset their costs. CAO \ THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWN0.3826 A BY-LAW to establish a service fee for payment card processing services with respect to utility bill payments. WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee shall be charged in addition to the originating charge. And that By-Law 3808 passed on 14th of April, 2014 shall be hereby repealed. Read a First and Second Time this 26th day of May, 2014. Read a Third and Final Time and passed this 261h day of May, 2014. Mayor-John Less if Clerk-Donna Wilson MINUTES Town of Tillsonburg Meeting for the Heritage, Beautification & Cemetery Advisory Committee May 1. 2014@ 9:00a.m. Marwood Lounge. Community Centre Complex CALL TO ORDER: The meeting was called to order at 9:00a.m. by Robert Marsden. MEMBERS PRESENT: Kelly Batt, Jeff Bunn, Ken Butcher, Robert Marsden, Marian Smith, Brian Stephenson, Janet Wilkinson MEMBERS ABSENT/REGRETS: Charles Baldwin, Sandra Bray, Paul DeCioet, Sue Saelens, Maurice Verhoeve DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF: None declared ADOPTION OF AGENDA: • Resolved That the agenda as prepared for this meeting of May 1, 2014 be adopted. Moved by Brian Stephenson, seconded by Janet Wilkinson. Carried. ADOPTION OF MINUTES: The minutes of Apri13, 2014 were adopted as written. The minutes of the special meeting of April17 were adopted with amendments for attendance. Moved by Brian Stephenson, seconded by Janet Wilkinson. Carried. MINUTES & BUSINESS ARISING OUT OF THE MINUTES: 1. Tree By-law: as neither Paul DeCioet nor Charles Baldwin were able to attend this meeting, this has been deferred to the next meeting. 2. Rolph Street Designation Update: The school board has delayed the selling of Rolph Street School for two years but it was felt by this committee that there is an advantage to having the heritage designation in place before the sale. Jeff Bunn will talk to the clerk to see if this can be put before Council again for a decision. 3. Keep Tillsonburg Beautiful update: Everything is in place for the event this Saturday, May 1. Everyone is welcome to attend. 4. Alabastine Wilkinson Trust-Janet gave an update on the grants that were approved for 2013. The application must go through Oxford Community Foundation. 5. Home Hardware tree funding update-As Charles Baldwin was unable to attend this meeting, this has been deferred to the next meeting. 6. Calendar update-Twelve pictures must be chosen. Robert will contact John Armstrong for assistance with choosing pictures for the calendar and adding a brief narrative for each picture. Kelly can arrange for quotes from local printers once the pictures, calendar style, font, etc. is chosen. 7. TD Bank "Friends of the Environment" grant-Charles is getting details on how to apply for the grant. CORRESPONDENCE: an official resignation was received from John Armstrong. Moved by Brian Stephenson, seconded by Janet Wilkinson that this resignation be accepted. Carried. NEW BUSINESS: 1. Scattering Gardens -Ken Butcher circulated information on different scattering gardens and discussed costs at some of these locations. Costs must be recoverable with sufficient profit to provide for future maintenance, new scattering gardens, etc. A plan for plaques to record the scattering is important to families. This is an economical choice for families. However, the scattering garden must be included in the Master Plan for the cemetery. The Master Plan will be for the next 20-25 years and must take into account the best possible use for the remaining available space. 2. Future Heritage Designations -A goal for this committee might be to designate one house per year. The Chair suggested that the next house to consider might be the one on the corner of Bear and Rolph Streets across from the hospital. It is a two story white house with red trim and appears to be still mainly original. MINUTES Town of Tillson burg Meeting for the Parks & Recreation Advisory Committee on CALL TO ORDER April 29, 2014 @ 8:00 a.m. Marwood Lounge Chair: Bob McCormick The meeting was called to order at 8:05 AM. MEMBERS PRESENT C.Burke J. Livermore B. McCormick, Chair J. Payne D. Scanlan D. Zvanitajs R. Cox, Director of Parks & Recreation J. McCurdy, Community Centre/Program Manager GUEST: L. Monk ABSENT: D. Baxter, M. Renaud, Councilor DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None MINUTES & BUSINESS ARISING OUT OF THE MINUTES Proposed Resolution: RESOLVED THAT the Minutes as prepared for the Parks & Recreation Advisory Committee of March 18, 2014 be adopted. Moved by J. Livermore, and seconded by D. Zvanitajs. CARRIED. ADOPTION OF AGENDA NEXT MEETING DATE The next meeting shall be Thursday, May 15th at 8:00AM, Marwood Lounge. This is a revised date. ADJOURNMENT RESOLVED THAT the meeting of the Parks & Recreation Advisory Committee of Apri/29, 2014 be adjourned at 9:00 a.m .. Moved by J. Payne and seconded by B. McCormick. CARRIED. • LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES -April 2, 2014 (as approved at the Board of Directors Meeting held May 7, 2014) Members in attendance: L. Bartlett, D. Beres, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, E. Ketchabaw, R. Sackrider and D. Travale Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, J. Maxwell, H. Surette, P. Gagnon, C. Jacques, B. Hodi, J. Miller and D. Mclachlan Regrets: C. Grice Guest: D. Cameron The LPRCA Chair called the meeting to order at 6:30pm Wednesday, April 2nd, 2014 in the Tillsonburg Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-56/14 moved: L. Bartlett seconded: B. Chanyi THAT the LPRCA Board of Directors add "Bain Re~uest Re: Hearing Board Fees" under Correspondence as item 8 (d) to the April~ 2014 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS: None MINUTES OF PREVIOUS MEETINGS MOTION A-57/14 moved: B. Chanyi seconded: L. Bartlett THAT the minutes of the LPRCA Board of Directors Annual General Meeting held February 2fih, 2014 and the Mid-Month Development Application Approval minutes of March ffh, 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 CARRIED MOTION A-60/14 moved by: E. Ketchabaw seconded: M. Columbus That the LPRCA Board of Directors does now enter into an "In Camera" session to discuss: 0 a matter in respect of which a Conservation Authority may hold a closed meeting under another Act. CARRIED MOTION A-61/14 moved by: D. Travale seconded: D. Beres That the LPRCA Board of Directors does now adjourn from the "In Camera" session. CARRIED MOTION A-62/14 moved by: D. Travale seconded: D. Beres That the LPRCA Board of Directors approves the permit application submitted by Mr. Dave Cameron dated February f:fh, 2014 (received February 1dh, 2014) -to replace an existing cottage within Registered Plan 436, Lot 35, Long Point (former South Walsingham), Norfolk County, Ontario, with the following condition: 1. AND THAT the 6' 4" crawl space be registered on title as non-habitable. CARRIED b) Staff Approved applications Staff approved 17 applications this past month: LPRCA-1 0/14, LPRCA-11 /14, LPRCA-12/14, LPRCA-14/14, LPRCA-15/14, LPRCA-18/14, LPRCA-21/14, LPRCA- 22/14, LPRCA-24/14, LPRCA-25/14, LPRCA-26/14, LPRCA-27/14, LPRCA-28/14, LPRCA-29/14, LPRCA-30/14, LPRCA-31/14 and LPRCA-32/14. H. Surette is to provide a copy of the map showing the location of LPRCA-12/14 to D. Beres. MOTION A-63/14 moved: D. Beres seconded: B. Chanyi That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED c) New Applications The Planning Department sought approval for two applications. There were no questions or comments. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale CARRIED c) 2014 SCATTER AND POD TREE PLANT TENDER Two tenders were received for the scatter and pod project this year and staff recommended the lowest bid from Giles Restoration Services who also planted for LPRCA last year. MOTION A-67/14 moved: M. Columbus seconded: D. Beres THAT the LPRCA Board of Directors approves the tender received from Giles Restoration Services for a total of $31,379.77 (taxes included) for LPRCA's Spring 2014 Scatter and Pod Planting contract. CARRIED d) EROSION CONTROL ASSISTANCE-GARRETT HENDRIKS VAN WARBIJ Each year LPRCA supports up to 5 erosion control projects to a maximum of $1 000 per project. Staff proposes to establish berms, an outlet structure and overflow spillway for Mr. Hendriks VanWarbij to reduce the runoff and erosion of agricultural fields into Big Otter Creek. MOTION A-68114 moved: D. Beres seconded: M. Columbus THAT the LPRCA Board of Directors approves the Gerrett Hendriks VanWarbij erosion control project under LPRCA 's Conservation Services -Erosion Control Assistance Program. CARRIED e) LPRCA FOREST POLICY The new LPRCA Forest Policy combines policies from various individual LPRCA forest management plans, the commitment by LPRCA to practice sustainable/responsible forestry and references the FSC certification. MOTION A-69/14 moved: B. Chanyi seconded: D. Beres THAT the LPRCA Board of Directors approves the policy directing forest management operations on LPRCA lands. CARRIED f) TIMBER TENDERS Staff recently marked two parcels of land at the Dereham Tract and sent 16 tender packages out for review. Two bids were received for each parcel and staff FULL AUTHORITY COMMITIEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale \ j CARRIED MOTION A-74/14 moved: D. Travale seconded: R. Chambers That the LPRCA Board of Directors does now adjourn from the "In Camera" session. The Chair adjourned the meeting at 8:35pm. Roger Geysens Chairman Dana Mclachlan Administrative Assistant FULL AUTHORITY COMMITIEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale CARRIED THE CORPORATION OF THE TOWN OF Tll.LSONBURG BY-LAW NO. 3826 A BY -LAW to establish a service fee for payment card processing services with respect to utility bill payments and to repeal By-Law 3808. WHEREAS the Council of the Corporation ofthe Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee shall be charged in addition to the originating charge. And that By-Law 3808 passed on the 14th of April, 2014 shall be hereby repealed. Read a First and Second Time this 26th day ofMay, 2014. Read a Third and Final Time and passed this 26th day of May, 2014. Mayor-Dave Beres Clerk-Donna Wilson \ I THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3828 A BY-LAW to appoint a Joint Compliance Audit Committee WHEREAS Section 81.1 of the Municipal Elections Act, 1996 requires municipalities to appoint Compliance Audit Committees to deal with matters regarding election campaign finances before October 1 in an election year. AND WHEREAS the Township of Norwich, Township of Southwest Oxford, Township of Zorra, Township of East Zorra-Tavistock, Town of Tillsonburg and Town of Ingersoll deem it expedient to establish a Joint Compliance Audit Committee. THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT a Committee, to be known as the Joint Compliance Audit Committee, is hereby established to deal with the matters provided for in Section 81 of the Municipal Elections Act, 1996. 2. THAT the Joint Compliance Audit Committee shall consist of the individuals listed in Schedule "A" who will be utilized to deal with each compliance audit request in accordance with the Terms of Reference attached hereto as Schedule "B". 3. THAT the business of the Joint Compliance Audit Committee be conducted in accordance with the Terms of Reference set out in Schedule "B" attached hereto, which shall form part of this By-law. 4. AND THAT this By-law shall come into force and take effect on the date of passage. READ A FIRST AND SECOND TIME THIS 26th DAY OF MAY, 2014 READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF MAY, 2014 Mayor-Dave Beres Clerk-Donna Wilson SCHEDULE "B" TERMS OF REFERENCE FOR JOINT COMPUANCE AUDIT COMMITTEE MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected; If the application is granted, the Committee shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances; The Committee will review the auditor's report within 30 days of receipt and decide whether legal proceedings should be commenced; and If the auditor's report indicates that there were no apparent contraventions and if it appears that there were no reasonable grounds for the application, the Committee shall advise Council accordingly and recommend cost attribution. Members of Council, staff or candidates running for office in the municipal election are not eligible to be appointed to the Committee. Should an appointed Member accept employment with any of the member municipalities or register as a candidate with any of the member municipalities, his or her appointment will be terminated. All Committee Members must agree in writing that they will not work for or provide advice to any candidate running for municipal office within the member municipalities. To avoid any potential conflict of interest, applicants with accounting or auditing backgrounds must agree in writing that they will not offer their services to any municipal election candidates. Anyone who has participated as a candidate in a municipal election, conducted by any of the member municipalities, or who has conducted audits or provided financial advice in respect of such an election campaign, is disqualified from participation on the Committee. COMPOSITION TERM The committee shall be composed of not fewer than three and not more than seven members and shall not include: (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. The term of the Committee is co-terminus with that of Council. CHAIR At the orientation meeting the Committee shall select one of its Members to act as a Chair at the first meeting. PROPROSED MEETING SCHEDULE The committee would be required to meet at least once to participate in an orientation session. Thereafter the Committee shall meet as needed with meetings to be scheduled by the Clerk, in consultation with the Chair, when a compliance audit application is received. THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3830 BEING A BY -LAW to authorize the Sale of Land. WHEREAS pursuant to Sextion 8 of the Municipal Act, 2001, 8.0.2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of selling certain lands being Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41 R-7261, municipally known as 3 John Pound Road; AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. The Council of the Town of Tillson burg do authorize the conveyance of lands described as Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41 R-7261, municipally known as 3 John Pound Road. 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 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 261H DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) Made this 1st day of August, 2014. BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Greg Harvey (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property") in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 48 feet wide by 64 feet deep comprising of approximately 3,072 square feet, more or less, as marked on Schedule "A" (the "Premises") to construct a new airplane hangar (the "Hangar"). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Rent"): For every year of the Term, the sum of $890.88 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: \ } (3) (4) 5. USE 3 Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an airport hangar for the storage and repair (subject to article 5(3)(d)) of airplanes without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Constitute a nuisance; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 5(2)(e) or as a result of the septic bed system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons, and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Airport Administrator of any changes or activities inside or outside the Hangar; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, U) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) The dimensions of the Hangar shall be 64 feet by 48 feet; Lessor's Initials ___ _ Lessee's Initials ___ _ 5 (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Lessor's signage requirements and complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including, but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or Lessor's Initials Lessee's Initials ___ _ 7 (4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this article and articles 1 0(3) and 1 0(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles (6(3) and 7(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the "Third Party Offer") the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee's interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor's discretion, as contained in the Third Party Offer (the "Lessor's Offer"). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor's Offer. If the Lessor does not exercise its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing Lessor's Initials Lessee's Initials ___ _ 9 (2) Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to included the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. Lessor's Initials Lessee's Initials ___ _ THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3831 BEING A BY-LAW to enter into an Airport Lease Agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034. WHEREAS it is deemed necessary and expedient to enter into a Lease Agreement between the Town of Tillsonburg and Greg Harvey; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a Lease Agreement with Greg Harvey regarding the lease of lands identified in the Lease; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. That the Lease Agreement attached hereto as Schedule A forms part of this 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 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 26TH DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3829 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 26th day of May, 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 Tillson burg at its special meeting and regular meeting held on May 26, 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 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 26TH DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR-Dave Beres TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NO. 3826 A BY -LAW to establish a service fee for payment card processing services with respect to utility bill payments and to repeal By-Law 3808. WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee shall be charged in addition to the originating charge. And that By-Law 3808 passed on the 14th of April, 2014 shall be hereby repealed. Read a First and Second Time this 26th day ofMay, 2014. Read a Third and Final Time and passed this 26th day of May, 2014. Mayor-Dave Beres Clerk-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3828 A BY-LAW to appoint a Joint Compliance Audit Committee WHEREAS Section 81.1 of the Municipal Elections Act, 1996 requires municipalities to appoint Compliance Audit Committees to deal with matters regarding election campaign finances before October 1 in an election year. AND WHEREAS the Township of Norwich, Township of Southwest Oxford, Township of Zorra, Township of East Zorra-Tavistock, Town of Tillsonburg and Town of Ingersoll deem it expedient to establish a Joint Compliance Audit Committee. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT a Committee, to be known as the Joint Compliance Audit Committee, is hereby established to deal with the matters provided for in Section 81 of the Municipal Elections Act, 1996. 2. THAT the Joint Compliance Audit Committee shall consist of the individuals listed in Schedule "A" who will be utilized to deal with each compliance audit request in accordance with the Terms of Reference attached hereto as Schedule "B". 3. THAT the business of the Joint Compliance Audit Committee be conducted in accordance with the Terms of Reference set out in Schedule "B" attached hereto, which shall form part of this By-law. 4. AND THAT this By-law shall come into force and take effect on the date of passage. READ A FIRST AND SECOND TIME THIS 26th DAY OF MAY, 2014 READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF MAY, 2014 Mayor-Dave Beres Clerk-Donna Wilson SCHEDULE "B" TERMS OF REFERENCE FOR JOINT COMPUANCE AUDIT COMMITTEE MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected; If the application is granted, the Committee shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances; The Committee will review the auditor's report within 30 days of receipt and decide whether legal proceedings should be commenced; and If the auditor's report indicates that there were no apparent contraventions and if it appears that there were no reasonable grounds for the application, the Committee shall advise Council accordingly and recommend cost attribution. Members of Council, staff or candidates running for office in the municipal election are not eligible to be appointed to the Committee. Should an appointed Member accept employment with any of the member municipalities or register as a candidate with any of the member municipalities, his or her appointment will be terminated. All Committee Members must agree in writing that they will not work for or provide advice to any candidate running for municipal office within the member municipalities. To avoid any potential conflict of interest, applicants with accounting or auditing backgrounds must agree .in writing that they will not offer their services to any municipal election candidates. Anyone who has participated as a candidate in a municipal election, conducted by any of the member municipalities, or who has conducted audits or provided financial advice in respect of such an election campaign, is disqualified from participation on the Committee. COMPOSITION TERM The committee shall be composed of not fewer than three and not more than seven members and shall not indude: (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. The term of the Committee is co-terminus with that of Council. CHAIR At the orientation meeting the Committee shall select one of its Members to act as a Chair at the first meeting. PROPROSED MEETING SCHEDULE The committee would be required to meet at least once to participate in an orientation session. Thereafter the Committee shall meet as needed with meetings to be scheduled by the Clerk, in consultation with the Chair, when a compliance audit application is received. THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3830 BEING A BY-LAW to authorize the Sale of Land. WHEREAS pursuant to Sextion 8 of the Municipal Act, 2001, 8.0.2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Corporation of the Town of Tillson burg is desirous of selling certain lands being Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41 R-7261, municipally known as 3 John Pound Road; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. The Council of the Town of Tillson burg do authorize the conveyance of lands described as Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41 R-7261, municipally known as 3 John Pound Road. 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 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 26TH DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) Made this 1st day of August, 2014. BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Greg Harvey (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property") in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 48 feet wide by 64 feet deep comprising of approximately 3,072 square feet, more or less, as marked on Schedule "A" (the "Premises") to construct a new airplane hangar (the "Hangar"). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Rent"): For every year of the Term, the sum of $890.88 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: 3 (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an airport hangar for the storage and repair (subject to article 5(3)(d)) of airplanes without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises any1hing which may: (a) Constitute a nuisance; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do any1hing that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 5(2)(e) or as a result of the septic bed system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not intertere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfe're in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not intertere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, any1hing that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress -to adjacent hangars, aprons, and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Airport Administrator of any changes or activities inside or outside the Hangar; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, 0) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) The dimensions of the Hangar shall be 64 feet by 48 feet; Lessor's Initials ___ _ Lessee's Initials ___ _ 5 (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Lessor's signage requirements and complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including, but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or Lessor's Initials Lessee's Initials ___ _ \ (4) 7 If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and to recover the costs as Rent. (5) II, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this article and articles 1 0(3) and 1 0(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles (6(3) and 7(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the ''Third Party Offer") the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee's interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor's discretion, as contained in the Third Party Offer (the "Lessor's Offer"). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor's Offer. If the Lessor does not exercise its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing Lessor's Initials Lessee's Initials ___ _ 9 (2) Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to included the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. Lessor's Initials Lessee's Initials ___ _ THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3831 BEING A BY-LAW to enter into an Airport Lease Agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillson burg Regional Airport for a twenty (20) year term expiring on December 31, 2034. WHEREAS it is deemed necessary and expedient to enter into a Lease Agreement between the Town of Tillsonburg and Greg Harvey; AND WHEREAS the Corporation of the Town of Tillson burg is desirous of entering into a Lease Agreement with Greg Harvey regarding the lease of lands identified in the Lease; AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. That the Lease Agreement attached hereto as Schedule A forms part of this 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 of The 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 261H DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF MAY, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: Date: May 26, 2014 RESOLUTION NO.: ---=-1 __ MOVED BY: THAT the Agenda as prepared for the Council Meeting of May 26, 2014, be adopted. D Recorded Vote D Defeated D Deferred D Tabled ~or's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: May 26, 2014 RESOLUTION NO.: --=-2 __ MOVEDBY: ~~ SECONDED BY: V g~2 THAT Council move into Closed Session, to consider: Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Oakpark Subdivision) D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ Date: May 26, 2014 RESOLLJTION NO.: MOVED BY: THAT the Minutes of the Council Meeting of May 12, 2014 and the Special Council Meeting of May 14, 2014, be approved. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=-3-Date: May 26, 2014 RESOLUTION NO .: _..:...4 __ MOVEDBY: ~ SECONDED BY: 6 ~ THAT the Development Charges Background Study dated May 9, 2014 be received as information. D Recorded Vote D Defeated D Deferred Tabl d COUNCIL RESOLUTION AGENDA ITEM NO.: _...:....7_ Date: May 26, 2014 RESOLUTION NO.: 8 .~ MOVED BY: ~~- THAT Council nominate'l!y ~ as a Board of Director for the 2014-2016 term on the Association of Municipalities of Ontario Board~~~ ~ ~- D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: ---=1=0 __ RESOLUTION NO.:"' 7 j MOVEDBY: ( ~-"~ SECONDED BY: &!__ 7~--- Date: May 26, 2014 THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, hereby appoint Brenda Carroll as Councilor for the Town of Tillsonburg for the remainder of the term of Council. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: --=1.:..1_ Date: May 26, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report CL 14-16, Joint Compliance Audit Committee; AND THAT a By-law to appoint a Joint Compliance Audit Committee be brought forward for Council consideration. / ~rried D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: --=1=2-Date: May 26, 2014 MOVED BY: THAT Council receives Report CL 14-18, Sale of 3 John Pound Road; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to complete all documents to procure the sale of Part of Lots 1463 & 1464, Plan 500, Part 2 on Reference Plan 41R-7261, municipally known as 3 John Pound Road .. -f ~ ..... ~j --rt.. ~~~Af~ti .~ ~ 6)'N~ ~~~~ ¥0 D / Recorded Vote D Defeated D Deferred Table /' COUNCIL RESOLUTION AGENDA ITEM NO.: --=1=-3 _ Date: May 26, 2014 RESOLUTION NO . MOVED BY: THAT Council receives Report CL 14-19, Oak Park Subdivision Front Ending Agreement; AND THAT the matter be resolved and that payment be provided to the Developer, 1300908 Ontario Inc. in the amount of $79,251.29, to be funded from reserves. D Carried Recorded Vote D Defeated D Deferred D Tabled "\ I COUNCIL RESOLUTION AGENDA ITEM NO.: --=1....:...4_ Date: May 26, 2014 RESOLUTION NO.: --=11=---- MOVED BY: THAT Council receive Report DCS 14-29 Airport Transformer; le" -rkov..s.c..J. ~ lloJs AND THAT Council approve the reallocation of $10,000 in funding from outsourced grass cutting towards the installation of a new transformer at the Tillson burg Regional Airport to support new hangar investments; AND THAT staff be authorized to sole source the costs related to the connection of the transformer to Harry's Electric Inc. ~d D Recorded Vote D Defeated r.tJ Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: --=1:...5_ Date: May 26, 2014 RESOLUTION NO.: ---==12=---- MOVED BY: SECONDED BY: THAT Council receive Report DCS 14-28 Airport Hangar Land Lease; AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Greg Harvey for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034 subject to the terms and conditions contained within the lease agreement. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: --=1=-6-Date: May 26, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives report FIN 14-23 IT Work Plan Update as information. D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: --=1..:...7_ Date: May 26, 2014 RESOLUTION NO.: --=-14.:.___ MOVEDBY: ~ SECONDEDBY: b ,~ THAT Council receive Report OPS 14-11 Tender Results for Concrete Curb & Gutter and Sidewalk; AND THAT Tender T2014-002 be awarded to Fortese Concrete Ltd. of London, Ontario at a cost of $96,112.15 (HST included). ~/ D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=1=-8 _ Date: May 26, 2014 RESOLUTION NO.: 15 L MOVEDBY: ~ SECONDED BY: ~' THAT Council receive Report OPS 14-12 Tender Results for Hot Mix Asphalt Paving; AND THAT Tender T2014-003 be awarded to Ekum-Sekum Incorporated o/a Brantco Construction of Cambridge, Ontario at a cost of $221,924.66 (HST included). D Recorded Vote D Defeated D Deferred D Tabled ofi/Mayor's Initials \ COUNCIL RESOLUTION AGENDA ITEM NO.: _-=.19=-----Date: May 26, 2014 RESOLUTION NO.: --=16::....___ MOVED BY: THAT Council receives report PRS 14-11 Agreement With Tillsonburg Scouting Association For Their Use Of Gibson House as information; AND THAT Council atJtl1olize a nol"' e~eltJsive j;:~cility lise Agreer+~el"'l betWeen lhe ~ c~ efl C'~ K~, c~J ~~~-~J~ NciT dS & t=i:J;<. S Tr11t""1 -e ~~ D Recorded Vote D Defeated -OJ-.v "-«-7711"£1'W ~ lfH ;.,../(. ~I''S';j 11-A.. RC'V,T?UI~PI'N -~~::f';:j = /~"-· D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=2.::..0_ Date: May 26, 2014 RESOLUTION NO.: ----=..:17'------ MOVED BY: THAT Council receives report PRS 14-14 Tri-County Agricultural Society Funding Request as information; AND THAT Council issue a one-time grant of $5,000 to the Society for the 160th Tillsonburg Agricultural Fair; AND THAT the one-time grant be funded from reserves. ~rried D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: _..:::.2=-2 _ Date: May 26, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report PRS 14-16-Municipal Facility Housekeeping Tender Results; AND THAT Council award the housekeeping contracts for 2014-2018 as follows at the rates submitted through the tender process: Corporate Offices, Public Works and Fire Hall to Steam Canada Annandale House to SQM Janitorial O.P.P. Station and Customer Service to Green Care Janitorial Tillsonburg Community Centre Zones 1, 2 and 3 to Green Care Janitorial AND THAT a By-Law be brought forward for Council's consideration. D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=2=-3- RESOLUTION NO.: 20 () MOVEDBY: ~~ SECONDED BY: -~~~b~~!:::===:_- Date: May 26, 2014 THAT Council receives Report PRS 14-17 -Health Club Entrance Accessibility Renovations; AND THAT Council award the project to Dean Masson at the tendered price of $40,165.00 plus H.S.T. oL' D Recorded Vote D Defeated D Deferred . Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=2....:..4_ Date: May 26, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report PRS 14-18-Tender Results O.P.P. Flooring Replacement for information; AND THAT Council award the work to Rick's Carpet at the tendered price of $16,445.56 plus H.S.T. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=2=-5- RESOLUTION NO.: -=22=---- MOVED BY: U ~4 SECONDED BY: f?/4~ Date: May 26, 2014 THAT Council receives report PRS 14-19 Cultural Advisory Committee recommendation re Tri- County Agricultural Society Funding Request as information; Sc..uv. t+.t~.,J..._ i--FZ4y D, llcv- AND THAT Council approve a $750 grant to the Society from the Cultural Grants Program as recommended by the Cultural Advisory Committee. ~d D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=2..::..6_ Date: May 26, 2014 MOVED BY: THAT Council receives report PRS 14-20-Update on Lake Lisgar Project as information. D Recorded Vote / D Defeated D Deferred D Tabled £Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=2.:....7 _ Date: May 26, 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: THAT Council receive Report FIN 14-22 Credit Cafid 'cessing Fees; AND THAT Council consider By-Law 3~~fu;~hre~readings to formalize the existing fee for payment card processing services with respect to utility payments. rniried D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: 30 Date: May 26, 2014 RESOLUTION NO.: MOVED BY: /'".----:? /l SECONDED BY: " ~ cj;x M ~ D REVISED FIRST AND SECOND READING THAT By-Law 3826, to establish a service fee for payment card processing services with respect to utility bill paym ents, By-Law 3828, to appoint a Joint Compliance Audit Committee, By-Law 3830, to authori ze th e Sale of Land known as 3 John Pound Road, By-Law 3831, to authorize and Airport Lease Agreement with Greg Harvey By-Law 3829, to co nfi rm the proceedings of Council at its meetings held on the 26th day of May, 2014, be read for a first and second time and this constitutes the first and second reading thereof. Carried Recorded Vot e D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 30 Date: May 26, 2014 MOVED BY: D REVISED THIRD READING THAT By-Law 3826, to establish a service fee for payment card processing services with respect to utility bill payments, By-Law 3828, to appoint a Joint Compliance Audit Committee, By-Law 3830, to authorize the Sale of Land known as 3 John Pound Road, By-Law 3831, to authorize and Airport Lease Agreement with Greg Harvey By-Law 3829, to confirm the proceedings of Council at its meetings held on the 26th day of May, 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. Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ Date: May 26, 2014 RESOLUTION NO.: MOVED BY: Suspension THAT Council suspends procedural by-law 3511 Section 4.3.2, to allow the meeting to be extended past curfew of 10:30 p.m . ~ Carried D Recorded Vote D Defeated D Deferred \ ) FW: vacant councillor positon -Report CL 14-12 Sam Lamb to: dewilson 05/23/14 01:57PM Hide Details From: "Sam Lamb" <samlamb37@execulink.com> To: <dewilson@tillsonburg.ca>, Ms Wilson, Town Clerk Town of Tillson burg Dear Ms Wilson Page 1 of 1 It is my intention via this email as indication to you as Clerk, to the CAO, Members of Council, Mayor Beres and residents of the town of Tillson burg of my interest to apply for the vacant position as Councillor for the remainder of the current term of office. Of note, my eligibility is confirmed as runner up to the vacancy declined by Mr. Jim Van Rybroek who according to the 2010 elections results was next to succeed in such a vacancy as per the Municipal Elections Act 263-1. My active role in the municipal town of Tillson burg began as an elected Councillor in 1991 which concluded in the fall election of 2010. I have been both blessed and honoured to serve the residents of this great community--our own GTA. Most recently, I have been awarded the distinct honour as Tillsonburg•s Citizen of the Year for 2013. The opportunity to continue serving the residents of the (greater) Tillson burg area together with members of Council is a true honour which I present for the remainder of this current term of office. Thank you for accepting my letter of interest and I welcome the opportunity to meet to discuss this further. Sincerely, Samuel I. Lamb file:/ I /C :/U sers/D EWilson/ AppData/Local/Temp/notesD3 965 8/ ~we b6777 .htm 5/23114 fDa~ ~ (., :;)o J L} ' \ I the d ~; 0:3 0 od +he. lt P coo+i P8 0£ }be era6 ~ I f'l +be pork 0 h +he._ ~a-sf s; d e c f Lake L; sao,.. .. ha.ue ~oken Lu ',.}b bo+h 0~ fhero a od ±he.:j Ctre_ ol~a not ~D talleu.r _I tbe obshu.c.+jon of nat11.rt, and hcuJ;t'\~ }he_ b,-' :ldio!j it' -th; s 0 reo..____._ \ DECLARATION OF OFFICE (Section 232 of the Municipal Act, 2001) I, ______ B_r_e_n_d_a_C_a_r_ro_l_l _____ , having been elected or appointed to the office (name of person) of Councillor (name of office) in the municipality of The Town of Tillsonburg (name of municipality) do solemnly promise and declare that: 1. I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. 2. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, corrupt or in any other improper manner. 3. I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict of Interest Act. 4. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being). And I make this solemn promise and declaration conscientiously believing it to be true and knowing that -~ \. J - I ,- ,---- I _. <C 1-0 1- c ... Cl) ns .cc c.-Cl) 0 ... ::E en U) c Cl) C) C) ·-::E ~ (,) ..... I I I I I I I I __, - I I I ) Notes on Town Crier for Mayor • Award of Recognition from the Ontario Guild of Town Criers for Crier Bozso's years of dedicated services to the organization and the Town • Celebrating 19 years as Town Crier. Crier Brenda Bozso was appointed Tillsonburg Town Crier on May 23, 1995. • The first ever documented Criers go back to 1066, after the Norman Invasion of England. • Historically Town Criers made proclamations and announcements for the King and Queen by standing in Town Squares and crying loudly and clearly so that all could hear. • Town Criers wear uniforms that are most commonly from the 18 century or other Victorian or renaissance period. • According to the Ontario Guild of Town Criers, A little known fact is that the term "Posting A Notice" actually comes from the act of the Town Crier, whom having read his message to the Townspeople would attach it to the door post of the local Inn or Tavern, so that it could be read by anyone who could read it for themselves. \ ) Ministry of Citizenship and Immigration Deputy Minister 61h Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: 416 325-6210 Fax: 416 325-6196 May2014 Dear Friends: Ministere des Affaires civiques et de !'Immigration Sous-ministre 6" etage 400, avenue University . Toronto ON M7A 2R9 Tel.: 416 325-6210 Telec.: 416 325-6196 ('~ t?ontario Each year, the Government of Ontario celebrates the accomplishments and contributions many of our wonderful seniors make to communities across Ontario. This year, the Senior Achievement Award will once again highlight the significant voluntary and professional achievements made by individuals after they have reached the age of 65. I encourage you to participate in the 2014 Senior Achievement Award Program by nominating a deserving senior. Online nomination forms and information outlining details of the program, the selection criteria and the procedures followed are available at: www .ontario. calhonoursandawards. The deadline date for nomination is June 15. If you require further information, please contact the Ontario Honours and Awards Secretariat in Toronto at 416-314-7526, toll-free at 1-877-832-8622 or TTY at 416-327-2391. Thank you in advance for taking the time to consider putting forward the name of a special senior in your community for a Senior Achievement Award. Sincerely, ,I.. ' ·''-·-1 td - ;}J';\J v ·Chisanga Puta-Chekwe D~puty Minister 11-244