Loading...
120410 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Tuesday April 1 0, 2012 6:00PM Council Chambers Chair: John Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MINUTES ·. . . T()WIUlfTdlspnburg .. · .Meetingforthe COmmittee -Open CotJoCr .OidelSGftlleDay: CALL TO ORDER on Tuesday April10~ 2012 06:00PM Counci·Chambers ~~~ .. ~ \.AIC::IR. ~B"I ~, The meeting was called to order at 6:00 PM ATTENDANCE: Mayor John Lessif Deputy Mayor Mark Renaud Councillor Chris Rosehart Councillor Mel Getty Councillor Brian Stephenson Councillor Dave Beres Councillor Marty Klein Staff: David Samis, Director of Development & Communication Services Steve Lund, Director of Operations Darrell Eddington, Director of Finance Donna Wilson, Clerk ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT the Agenda as prepared for the Open Session of the Council Meeting of April10, 2012, be adopted. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Councillor Beres declared a pecuniary interest in item No. 7 and declared he would refrain from the discussion as well as refrain from voting on the resolution. No other disclosures of pecuniary interest were declared. 7 Page 1 MINUTES: Meeting for the Committee "Open Council" MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Open Council Meeting of March 26, 2012. CJ Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVE THAT the Minutes of the Open Session Meeting of March 26, 2012, be approved. "Carried" DELEGATIONS 1. Black and Gold Scholarship Trust Fund Payout. CJ Presented By: Fred DeVriendt , Arn Stover Mr. Fred DeVriendt and Mr. Arn Stover appeared before Council and gave an overview of the success of the Black and Gold Initiatives as well as the many scholarships they have been able to provide to youth in the community. INFORMATION ITEMS 2. DCS 12-20 Closed Session Procedure CJ 3. City of Mississauga Request for Support CJ FINANCE 4. FIN12-024 Black and Gold Scholarship Trust Fund Payout Request ~ Presented By: Director of Finance Resolution No. 3: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT Council receive Report FIN12-024 Black and Gold Scholarship Trust Fund Payout Request. FURTHER RESOLVE THAT Council approves the payout of the Black and Gold Scholarship Fund in the amount of $15,900.12. "Carried" 5. FIN12-023 OPP 2011 PSU CJ Presented By: Director of Finance Staff to bring back a report regarding the Provincial Services Usages (PSU) for 2009. Resolution No. 4: Moved By: Councillor Getty Page2 MINUTES: Meeting for the Committee "Open Council" Seconded By: Councillor RosehartAND RESOLVE THAT Council receives report FIN12-023 OPP 2011 PSU. FURTHER RESOLVE THAT $14,268 be contributed to police reserves. "Carried" 6. Manulife Financial Grant Application [) Presented By: Director of Finance Resolution No. 5: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVE THAT Council receive the Manulife Financial Grant Application; FURTHER RESOLVE THAT Council support the application to be submitted by the Lake Lisgar Revitalization Project Committee. "Carried" DEVELOPMENT & COMMUNICATIONS 7. Report DCS 12-26 Additional Information Regarding the Lease of the Airport Kitchen ~ Presented By: Director of Development & Communication Services Resolution No. 6: Moved By: Councillor Stephenson Seconded By: Councillor Klein AND RESOLVE THAT Council receive Report DCS 12-26 Additional Information Regarding the Lease of the Airport Kitchen; FURTHER RESOLVE THAT Council approve the lease of the kitchen and adjacent seating area in the Air Terminal Building to Michael Papaioannou for the period of April 21 to October 31, 2012, subject to the terms and conditions contained in this report; AND FURTHER RESOLVE THAT a bylaw be brought forward in this regard for Council consideration. "Carried" 8. Report DCS 12-23 Award of Airport Agricultural Land Tender ~ Presented By: Director of Development & Communication Services Staff to bring back a report regarding the disbursement of funds resulting from the lease. Resolution No. 7: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVE THAT Council receive Report DCS 12-23 Award of Airport Agricultural Land Tender; FURTHER RESOLVE THAT Council approve the lease of 337.8 acres of land at the Tillsonburg Page 3 MINUTES: Meeting for the Committee "Open Council" Regional Airport to Johan Verveer for a one year period and subject to the terms and conditions contained in this report; AND FURTHER RESOLVE THAT a bylaw be brought forward in this regard. "Carried" 9. DCS -2012 -25 Tillsonburg Development Charge Deferral C1 Presented By: Director of Development and Communication Services Resolution No. 8: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVE THAT Council receives report 2012-25 Tillsonburg Development Charge Deferral. FURTHER RESOLVE THAT Council adopt the recommendations contained herein and that a by-law be brought forward for Council consideration to amend By-law 3361. "Carried" COMMUNITY SERVICES 10. Name Change for Quality of Life Committee ~ Presented By: Acting Director of Community Services Resolution No. 9: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the name of the Quality of Life Committee be changed to Parks and Recreation Services Advisory Committee and that By-Law 3509 be amended accordingly. "Carried" NOTICE OF MOTION RESOLUTIONS BY-LAWS 11. By-Law 3603. To authorize the Sale of certain lands on Quarter Town Line Road to Trevor and Tara Lamb. C1 Resolution No. 10: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVE THAT By-Law 3603, To authorize the sale of lands on Quarter Town Line Road, be read for a first and second time and this constitutes the first and second reading thereof. Page4 MINUTES: Meeting for the Committee "Open Council" FURTHER RESOLVE THAT By-Law 3603, 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" 12. By-Law 3606, To Lease the Airport Kitchen toM. Papaioannou G:t Resolution No.11: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3606, To authorize an Agreement with Michael Papaioannou, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3606, 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" 13. By-Law 3607, To Authorize an Agricultural Lease Agreement with Johan Verveer CJ Resolution No. 12: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3607, To authorize an Agricultural Lease Agreement with Johan Verveer, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3607, 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" 14. By Law 3608-To Authorise Agreement with Ontario Power Authority for Solar System at 1 Library Lane CJ Resolution No. 13: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3608, To authorize an Amending Agreement with the Ontario Power Authority, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3608, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" Page 5 MINUTES: Meeting for the Committee "Open Council" 15. By-Law 3610, To Authorize an Agreement with Ontario Power Authority for Solar System at 20 SpruceSt CJ Resolution No. 14: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3610, To authorize an Agreement with Ontario Power Authority for Solar System at 20 Spruce St, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3610, 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" 16. By-Law 3609. To amend By-Law 3361. to establish development charges for the Corporation of the Town of Tillson burg [] Resolution No. 15: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVE THAT By-Law 3609, To amend By-Law 3361, to establish development charges for the Corporation of the Town of Tillsonburg, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 17. By-Law 3605, To Confirm the Proceedings of the Council Meeting of April 10, 2012 CJ Resolution No. 16: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3605, To Confirm the Proceedings of the Council Meeting of April10 2012, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3605, be given third and final reading and the Mayor and Clerk be and are hereby authorised to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein AND RESOLVED THAT the meeting be adjourned at 7:25PM. "Carried" Page6 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Donna Wilson/Tillson burg (Wednesday April 11, 2012 02:14PM) Town of Tillsonburg Page 7 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Tnwnoflillsonburg •Meetirgfotlbe CODlmiltee -open.Councir' on Moridc:ly~ ~, 201206:00 PM . . . CDmdChambers 'Chair:·. : .• John. '.. . ·Lessif· . ~ -;· : ........ : ... . . ., OR:ferS. offiiell&y: CALL TO ORDER The Meeting was called to order at 6:00 PM ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT the Agenda as prepared for the Open Session of the Council Meeting of March 26,2012, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Town Council move into Closed Session, to consider matters relating to: Matters pertaining to the education or training of the members; Matters pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board employees. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Councillor Stephenson has declared a pecuniary interest in item 5. Tillsonburg Library Services Business Case. No other disclosures of pecuniary interest were declared. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of March 12, 2013 CJ. 6 Page 1 MINUTES: Meeting for the Committee "Open Council" Resolution No. 3: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT the Minutes of the Open Session Meeting of March 12, 2012, be approved. "Carried" INTRODUCTION Mayor Lessif introduced Amber Zimmer, the new Deputy Clerk for the Town of Tillson burg. DELEGATIONS 1. Southwest Ontario Barn Quilt Trail Project CJ Presented By: Patty Phelps, Curator, Annandale NHS & Mary Gladwin, Archivist, County of Oxford Archives Mary Gladwin, Archivist and Patty Phelps Curator, appeared before Council and reviewed the Barn Quilt Trail Project For further review visit www.tourismoxford.ca 2. Oxford Regional Labour Council-National Day of Mourning Activities [:Jt Presented By: Broderick Carey Broderick Carey appeared before council and explained the event for the National Day of Mourning. INFORMATION ITEMS 3. Air Cadets Annual Tag Day Fundraiser CJ See proposed resolution below under RESOLUTIONS. COMMUNITY SERVICES 4. Report PRS 12-04, Kinsmen Annandale Parking Lot CJ Presented By: Acting Director of Community Services Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT the motion be separated and that the No Parking issue be removed from the resolution and addressed in a separate resolution. "Carried" Resolution No. 4: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT Council receive Report PRS 12-04 Kinsmen Annandale Diamonds Parking Lot; FURTHER RESOLVE THAT Council approve the construction of the proposed parking area. "Carried" Page2 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Staff investigate the parking issue on the North and South side of Concession St as well as Parkwood Drive and bring back to Council a report accordingly and consult with EMS services for comment. "Carried" CHIEF ADMINISTRATIVE OFFICER 5. Tillsonburg Library Services Business Case ~ Town vs Oxford County Business Case.pdf Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT Council receive Tillsonburg Library Service Business Case as information. "Carried" QUARTERLY REPORTS 6. FIN 12-017 Fourth Quarter 2011 Financial Results CJ 7. DCS 12-20 Fourth Quarter Report CJ Presented By: Director of Development and Communication Services Resolution No. 6: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT Council receives Report 12-20 Fourth Quarter Report-Development and Communication Services as information. "Carried" 8. PRS 12-03 Parks & Recreations Services Fourth Quarter Report iJ1 Presented By: Acting Director of Community Services Resolution No. 7: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT Council receives Report PRS 12-03 Parks and Recreation Services Department fourth quarter report as information. "Carried" OPERATIONS 9. Operations Services Report OPS 12-04-Tender Results for Tender T2012-002-Sanders Street Reconstruction L! Presented By: Director of Operations Page 3 MINUTES: Meeting for the Committee "Open Council" Staff to investigate the sanitary line along Sanders Street to ensure the line continues through to the fair ground property in order to avoid future construction requirements. Resolution No. 8: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT Council receives Operations Services Report OPS 12-04 Tender Results for Tender T2012-002-Sanders Street Reconstruction for information purposes. FURTHER RESOLVE THAT "Tender T2012-002 be awarded to View Con Construction Ltd of Woodstock, ON at a cost of $159,555.61 subject to County of Oxford and MOE Approval. "Carried" DEVELOPMENT & COMMUNICATIONS 1 0 DCS 12 -08 Report-Lease of Airport Cafe ~ Presented By: Director of Development and Communication Services Staff to continue negotiations and provide an additional report for a term of up to three years or for the remainder of the council term. Resolution No. 9: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVE THAT Council receive Report DCS 12-08 Lease of Airport;, FURTHER RESOLVE THAT Council approve the lease renewal of the cafe in the Air Terminal Building to Michael Papaioannou subject to the terms and conditions contained in this report with and that a bylaw be brought forward in this regard for council consideration. "defeated" 11. Building and By-Law Services 2011 Annual Report ~ Presented By: Director of Development and Communication Services Resolution No. 10: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVE THAT Council receives report DCS 12-07 - Building and By-Law Services 2011 Annual Report as information. "Carried" 12. Report DCS 12-21 Development Charges Deferral bJ: Presented By: Director of Development & Communications Services Resolution No. 11 : Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT Council receives Report 12-21 Development Consultation Update as information. FURTHER RESOLVE THAT an amendment to By-law 3361-a by-law to establish development Page4 MINUTES: Meeting for the Committee "Open Council" charges for the Corporation of the Town of Tillson burg be brought forward at a later date for Council consideration. "Carried" 13. DCS 12-17 Sign Variance for 43 Bidwell Street [:::J Presented By: Director of Development & Communication Services Resolution No. 12: Moved By: Councillor Getty Seconded By: Councillor Rose hart AND RESOLVE THAT Council receive Report DCS 12-17 Sign Variance; FURTHER RESOLVE THAT a variance to Sign By-Law 2976 be granted for the construction of a twelve (12) foot high ground sign located six (6) meters from the point of intersection of street lines at 43 Bidwell Street. "Carried" 14. DCS 12 -22 Report -Approval of Contract for Airport Signage C) Presented By: Director of Development and Communication Services Resolution No. 13: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVE THAT Council receive Report DCS 12-22- Approval of Contract for Airport Signage; FURTHER RESOLVE THAT Council approve the contract for new airport signage with Brooks Signs Ltd at a price of $28,760 for the sign, and $3,000 for related costs for a total of $31,700 to be funded from 2011 project funds and 2012 expense reduction; AND FURTHER THAT the amount of $29,881 for the LED Display, be deferred until a funding source is secured. "Carried" FINANCE 15. FIN12-018 2011 Remuneration and Expenses Cl Presented By: Director of Finance Resolution No. 14: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVE THAT Council receives report FIN12-018 2011 Remuneration and Expenses as information. "Carried" 16. FIN12-022 Year-end Balance Sheet Review CJ Presented By: Director of Finance Resolution No. 15: Page 5 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT Council receives report FIN12-022 Year-end Balance Sheet Review. FURTHER RESOLVE THAT the GST receivable in the amount of $170,596 be written off against the allowance. "Carried" 17. FIN12-021 Development Charges Cl Presented By: Director of Finance Resolution No. 16: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVE THAT Council receives report FIN12-021 2012 Development Charges as information. "Carried" 18. FIN12-020 2012 Grant Request [] Presented By: Director of Finance Resolution No. 17: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT Council receives report FIN12-020 2012 Grant Request as information; AND FURTHER RESOLVE THAT the Grant in the amount of $5,000 be given to the Multi Service Centre. "Carried" COMMITTEE MINUTES & REPORTS 19. Committees of Council Minutes l:l NOTICE OF MOTION RESOLUTIONS Resolution No. 18: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days April 20 -21, 2012, in the Town ofTillsonburg, be approved. "Carried" RESOLUTIONS RESULTING FROM CLOSED SESSION Resolution No. 19: Page6 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT Council receives the Agreement of Purchase and Sale for Quarter Town Line Road, formerly Wilcox Street; FURTHER RESOLVE THAT Council approve the sale of the former Wilcox Street as set out in the Agreement of Purchase and Sale. "Carried" BY-LAWS 20. By-Law 3588, To Authorize an Amending Agreement for the Provision of Police Services I] Resolution No. 20: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3588, To Authorize an Amending Agreement for the Provision of Police Services, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3588, 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" 21. By-Law 3599. To Appoint a Deputy Clerk CJ Resolution No. 21: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3599, To Appoint a Deputy Clerk, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3599, 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. "Carried" 22. By-Law 3598. To Amend Zoning By-Law 3295. Bridge Street West CJ Resolution No. 22: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3598, To Amend Zoning By-Law 3295, Bridge Street West, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3598, 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" 23. By-Law 3601. To amend By-Law 3509. to define the Membership of Boards & Committees ~ By-Law 3601 amend 3509 Committees. pdf Resolution No. 23: Moved By: Councillor Getty Page 7 MINUTES: Meeting for the Committee "Open Council" Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3601, To Amend By-Law 3509, to define the Membership of Boards & Committees, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3601, 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" 24. By-Law 3600. To Confirm the Proceedings of Council for the Meeting of March 26, 2012 Cl Resolution No. 24: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3600, To Confirm the Proceedings of the Council Meeting of March 26, 2012, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3600, 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 Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Tuesday March 27, 2012 04:43PM) Town of Tillson burg Page 8 DCS 12-20 Closed Session Procedure DATE: March 26, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development & Communication Services SUBJECT: CLOSED SESSION PROCEDURE PURPOSE To obtain Council endorsement of proposed changes to closed session procedures. HISTORY & DISCUSSION There has been a great deal of confusion over whether resolutions are allowed in closed session meetings since changes to the Municipal Act in 2006. The general requirement is that all council and committee meetings be open to the public, this is established by section 239(1) of the Municipal Act, 2001. Despite this general requirement of openness and transparency, there is statutory recognition that certain council and committee discussions and decisions are appropriately dealt with in closed session. Section 239(2) and 239(3.1) of the Municipal Act, provides municipal councils with the ability to consider a number of matters in private. A meeting or part of a meeting may be closed to the public if the subject matter being considered is: (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. 2001, c. 25, s. 239 (2). liPage FINANCIAL IMPACT /FUNDING SOURCE None PREPARED BY: Donna Wilson, Clerk APPROVED BY: Kelley Coulter, CAO David Samis, Director of Development & Communication Services DATE AUTHORED: March 16, 2012 3IPagc I l·· -·-------. Ms. Pat V ariini Executive Director .<...~ otf~WIISS.Is,s-<1/_ ~ ""Q . -p ~-0/:J "<!> PORAil:-0 OFFICE OF THE MAYOR March 12,2012 Association of Municipalities of Ontario 200 University A venue · Suite 801 Toronto, Ontario MSH3C6 Dear Ms. V anini: Re: City ofMississauga Telecommunication Tower/ Antenna Facilities Interim Protocol The Council of the Corporation of the City of Mississauga at its meeting on March 7, 2012, adopted the enclosed Resolution 00046*2012 with respect to the City of Mississauga's interim telecommunication tower/antenna facilities protocol. I urge the Association of Municipalities of Ontario (AMO) to work with the municipalities across. the Province of Ontario and wireless service providers to request that Hydro One reconsider its moratorium on the location of telecommunication antennas on existing hydro infrastructures. In the interim I would ask that AMO officials meet with City of . Mississauga staff to discuss the growing need to have Hydro One change its practice. To· facilitate this meeting contact Timothy Lee, Planner, Planning and Building, (905) 615-3200, ext. 3205 or by email at timothy.lee@m.ississaugaca. On behalf of the merilbers._of:Council, I. ask .that serious_ consid_~rati.o..n._b~given to the requests outlined in the enclosed Resolution. · I look forward to your favourable reply. .I;~L McCALLION,.{~,M.,-LL.D.-·· .................... ·-· ··---····· MAYOR ,_ MISSISSAUGA /ii!ii Leading IDday for lomorrow THE CORPORATION OF THE CITY OF MISSISSAUGA 300 CITY CENTRE DRIVE, MISSISSAUGA, ON L5B 3C1 TEL: 905-896·5555 FAX: 905-896-5879 · mayor@ mississauga.ca ! .I . RESOLUTION.004~2012 adopted by the Council of The Corporation of the City of Mississauga at its meeting OR March 7, 2012 . - 0046-2012 Moved by: Pat Saito . Second9d by: Katie Mahoney 1. That the Report dated March 5, 2012 from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication-Tower/Antenna Facilities Protocol", be received for information. 2. That the revised "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol" attached as Appendix 2 in the Report dated March 5, 2012, from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol", be adopted as an interim "protocol. · 3. That the Report dated March 5, 2012, from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol" and resolution of Council be circulated to all Mississauga wireless service providers, local Members of Parliament and Ratepayer Associations in Mississauga. 4. That a fee-of $2,500.00 be approved for the processing and consultati-on required for-Telecommunications Tower/Antenna Facilities Request Forms and that the -----------R~~sa_ty~ame_l3~m~t-to-the-Cit}ts-Fees-and-Gharges-By-law-be-brought~---- ------fo1Ward-te-GaunGiiJGF-OOASideratien;-······· 5. That a fee of up to $4,000.00 plus 15% administration fee be approved for the purposes of retaining a consultant, when and if required, to assist with the review and consultation required for Telecommunication Tower/Antenna Facilities requests and thatthe necessary amendment to the City's fees and Charges By,.. Jaw.:.ha:bmugbt-Jarwar:dJo.J:iouncil for consideration. _: ---------- -6:--·· --~hat-the-eommissioner--of-p Ianning and· -Building report-back· on-the-effectiveness---·-··· · of the new process by December 31, 2012. Page 1 of2 FIN12-024 Black and Gold Scholarship Trust Fund Payout Request DATE: TO: April 10, 2012 Kelley Coulter, CAO FROM: Darrell Eddington, Director of Finance SUBJECT: BLACK AND GOLD SCHOLARSHIP TRUST FUND PAYOUT REQUEST RECOMMENDATION "THAT Council receive Report FIN12-024 Black and Gold Scholarship Trust Fund Payout Request. FURTHER RESOLVE THAT Council approves the payout of the Black and Gold Scholarship Trust Fund in the amount of $15,900.12." PURPOSE To obtain Council approval of the payout of the Black and Gold Scholarship Trust Fund. HISTORY & DISCUSSION At the February 17, 2010 Council meeting, Council approved the following resolution: Resolution >No.5 Moved by Councillor Beres Seconded by Lewis AND RESOLVED THAT Staff direction be given to publicize the trust account consolidation ad; AND FURTHER THAT staff direction be given for 151 quarter 2011 to bring forward a report for Council to consider and approve the consolidation of the trust accounts into seven trusts. "Carried" Staff advertised the notice of intention to consolidate trust accounts in the Tillsonburg News on February 24, 2010. No responses were received by the Town. At the June 13, 2011 Council meeting, Council approved the following resolution: 20. Correspondence from Chair ofT ACAC. Mr. John Armstrong, regarding reorganization of Trust Funds Staff to respond to the TACAC committee regarding their concerns. Council request Staff put together a formal report as to how the trusts are put together so that they will understand how they do things going forward. l!Page Parkland Trust Parkland Trust Ross Allen Estate Ross Allen Trust (Library) Lake Lisgar Revitalization Trust Lake Lisgar Revitalization Trust Black and Gold Scholarship Trust Museum Artifact Acquisition Trust Pay out balance once new non-Town documentation is arranged. --------+ Pay out to Historical Society Under delegations at today's meeting, Mr. Stover and Mr. DeVriendt presented their request to payout the Black and Gold Scholarship Trust Fund to the Bank of Montreal. The balance in the Black and Gold Scholarship Trust Fund as at April3, 2012 is $15,900.12. Mr. Stover and Mr. DeVriendt previously advised the Director that the Bank of Montreal has set up a Community Account for non-profit organizations; that the account will not have chequing privileges; and that the Bank of Montreal Financial Services Manager, Mr. Richard Nunes, will prepare any disbursements from the account based on instructions from Mr. Stover and Mr. DeVriendt. The Director is satisfied with these arrangements. Work continues on the remainder of the trust account consolidation process. The objectives of each of the remaining trusts need to be defined in a by-law and trustees need to be re established. Public response to the trust account advertising that took place in February has to date not created sufficient interest. Further public interest is required so that each of the trusts has appropriate public trustee representation. FINANCIAL IMPACT /FUNDING SOURCE None WRITTEN BY: Darrell Eddington DATE WRITTEN: April3, 2012 31Page DATE: TO: FROM: SUBJECT: FIN12-023 OPP 2011 PSU April 10, 2012 Kelley Coulter, CAO Darrell Eddington, Director of Finance OPP 2011 PROVINCIAL SERVICES USAGE (PSU) RECOMMENDATIONS "Resolve that Council receives report FIN12-023 OPP 2011 PSU. Further resolve that $14,268 be contributed to reserves." PURPOSE To provide Council with information on the July 1, 2011 to December 31, 2011 PSU and obtain approval to contribute the PSU to reserves. HISTORY & DISCUSSION Attached is correspondence received from the OPP concerning the PSU for the last six months of 2011. The 2011 PSU is $14,268 for this period. Staff recommends that the amount be contributed to reserves. WRITTEN BY: Darrell Eddington DATE WRITTEN: April2, 2012 ljPage Ontario Provincial Police Police provinciale de !'Ontario March 19,2012 CAO Town ofTillsonburg 200 Broadway, 2"d Floor Tillsonburg ON N4G SA 7 Dear Sir/Madame: a;) w Business and Financial Services Bureau Bureau des services operationnels et financiers 777 Memorial Ave. 777, ave Memorial Orillia, (ON) L3V 7V3 Orillia. (ON) L3V 7V3 Tel: (705) 329-6852 Fax: (705) 329-6265 File Reference 460 20 511-W-6208 Re: Year 2011 Reconciled Contract Policing Costs-Ontario Provincial Police (OPP) Please find attached the 2011 annual financial statements, reconciling OPP policing costs for your municipality. The contract between your municipality and the OPP expired on September 30, 2011. Contract renewal discussions are underway but the final staffing levels and terms have not been finalized. As a result, the staffing and terms of the expired contract were extended to December 31, 2011 for reconciliation purposes only. Also, please note that municipalities will receive an applicable credit for either the Provincial Services Usage (PSU). which compensates municipalities for time officers spend away from the detachment area performing provincial duties, Q[ a reduction of Hours Below Minimum, as set out in the contract, whichever is greater. When comparing the 2011 final costs to the estimate previously provided for 2011, please be mindful that the 2011 estimated salary rates were based on the 2009-2011 Collective Agreements. The final costs have been calculated with revised rates from the 2011-2014 Compensation Framework Agreement (CF A). A letter was sent to each municipality in January 2011 to provide notification of the CFA. Please refer to the notes included in the costing summary for information on the determination of final costs. The difference between the billed amount (net of any semi-annual reconciliation credit issued) and the actual costs will be credited or billed to your municipality directly by the Ontario Shared Services (OSS) in the next few weeks. If you wish to apply a final year end reconciliation credit amount against your current balance (or a future invoice), please clearly indicate this request on your remittance (cheque stub or remittance advice) to OSS to ensure your credit is properly applied on your account. O.P.P. COSTING SUMMARY Actual Policing Costs for the period January 01, 2011 to December 31, 2011 (See Attached Notes) Salaries and Benefits Uniform Members (Nota1) Inspector ................................ . Staff Sergeant-Detachment Commander .......... . Staff Sergeant ............................ . Sergeant..... . ....................... . Constables ............................... . Total Uniform Salaries (Nota 2) Overtime (Actual) . . . . . . . . . . . . . . . . . . . . . . (Note 21 Contractual Payout (Vacation & Statutory Hoi (Nota 3) Shift Premiums . . . . . . . . . . . . . . . . . . . (Nota 4) Benefits (24.7% of Salaries; 2% of Overtime) (Note 5) Total Uniform Sa/aries & Benefits Civilian Members Court Officer ... (Nota1) Detachment Administrative Clerk .......... . Communication Operators . . . . . . . . . . . . (Nota&) Prisoner Guards I Expenses . . . . . . . . . . . (Nota 7) Total Civilian Salaries Benefits (24.3% of Salaries; 17.46% Part-Tirr (Nota 5) Total Civilian Sa/aries & Benefits OSS Pay and Benefit Charge . . . . . . . . . (Nota B) TOWN OF TILLSONBURG Positions __ $ 0.36 47,651 0.36 41,174 2.00 198,990 20.00 1,669,673 Positions $ 1.00 57,255 2.00 110,878 37,215 15,904 365 Days in period 365 Days in Year 1,957,489 93,413 95,473 5,258 485,368 2,637,002 221,252 49,900 271,152 1,182 ro~~:&:~._,. '·"f~~t~¥¥m~~'1~~~~~~~~-;~,.~ Other Direct Operating Expenses (Note9) Operational Support .......................................... . RHO Municipal Support ........................................ . Vehicle Usage ............................................... . Telephone ................................................ . Office Supplies ............................................. . Accommodation . . . . . . . . . . . . . . . . . . . . . . . (Nota 9 f) Uniform & Equipment ......................................... . Cleaning Contract. . . . . . . . . . . . . . . . . . . . . . (Note 9 h) Mobile Radio Equipment Repairs & Maintenance ........................ . Office Automation -Uniform . . . . . . . . . . . . . (Nota 9 n Office Automation -Civilian ...................................... . Auxiliary Officers Per Diem . . . . . . . . . . . . . . (Note 9 k) 14,745 31,649 167,219 22,652 6,293 16,722 12,973 44,325 3,972 Total Other Direct Operating Expenses 320,550 OSS Financial Services Fee 3,686 , ... 2011 . .t~ Acalal-~i~oJ(c•g~•,~-~~~~~~4.··~!}:t:~~:t~·-~·;;..~~~~l·;~~;~.4,:~4~.:'~~~:·~-~·~:~~~-~ !..~71-· Revenues Collected on Behalf of the Mun' (Nota 10) .(3. 1 •'4}- Provincial Services Usage ~~' ·, ·":\ ~-. '· ~: r,,_ # O.P.P. COSTING SUMMARY TOWN OF TILLSONBURG Actual Policing Costs for the period . 365 PIIYS-in Period January 1, 2011 to December 31, 2011 365 Days in Year Reconciliation of Salaries 2011 Regular Overtime FTE Actual Actual Contract Annual #of Hours Hours Positions Salary Overtime Rank Positions Salary E!!!Yil!!!!!. Provided ~ Dollars Dollars (Notet) (Note2) Inspector 0.36 (Note3) (Note3) (Note2) Inspector 132.365 356 0.36 47,651 Total-Inspector ..........•........ . '356 -!l-36 .. . •. #1',651 - Staff Sergeants 0.36 Staff Sergeant 1-23+ 114,373 524 7.50 0.36 41,174 411 Staff Sergeant 1-17-23 111,668 Staff Sergeant 1-8-16 109,364 Staff Sergeant 1-0-8 106,859 Total-Staff Sergeant. ... ·. . . • . . . . . . . . . . •• .524 7.50 .:0·36-.. '-"'11!74 <l1t: Sergeants 2.00 Sergeant 1-23+ 101,850 1,464 56.25 0.77 78,168 2,745 Sergeant 1-17-23 99,345 1,435 8.25 0.75 74,748 393 Sergeant 1-8-17 96,641 696 10.50 0.36 35,321 487 Sergeant 1-0-8 94,336 Sergeant 2-23+ 95,171 113 0.06 5,640 Sergeant 2-17-23 92,666 41 0.02 1,992 Sergeant 2-8-17 90,162 66 0.03 3,121 Sergeant 2-0-8 87,657 Total -Sergeants ................ , ... ·. 3,814 . 75.00 •. 200 198,990· •. 3,625 • COnstables: 20.00 1 st Class 1· 23+ 90,997 3,556 284.25 2.19 199,057 12,393 1st Class 1· 17-23 88,492 9,298 523.25 5.72 506,203 22,185 1st Class 1-8-17 85,988 7,050 763.25 4.34 372,920 31,445 1st Class 3--8 83,483 8,001 454.12 4.92 410,924 18,164 2nd Class 74,304 1,286 45.75 0.79 58,763 1,629 3rd Class 66,790 480 66.00 0.30 19,723 2,112 4th Class 58,437 2,840 51.75 1.75 102,082 1,449 Part-Time Constables 66,790 Total -Constables ............. , . . . . . . · 32;510 2;188.37 ,20.1J) ·; 1,f3!!g,sp; ss.:~.n: Total-All Ranks .......... , ............ 37,203 2,270.87 22.72 1,957,489 93,413 Total Hours Worked in Contract. . . ................ 37,203 Minimum Hours Required in Contract . . . . . . . . . . . . . . . . 33,330 Hours Provided to Municipality Above Requiled Minimum . 3,873 Notes: 1) The number of hours provided includes regular hours only and does not include overtime hours. 2) The overtime hours are accumulated by rank and classification and are charged at the appropriate hou~y rate. 3) The full time equivalent (FTE) number of officers (Inspector I Staff Sergeant Detachment Commander, Staff Sergeant, Sergeant and Constables) were obtained by dividing the number of regular officer hours provided in each classification by the total number of regular officer hours. That percentage is muttiplied by the number of positions in the contract. Actual salary dollars are then obtained by muttiplying the FTE number by the annual salary for each classification. Overtime is the actual overtime for the period and is not prorated. Manulife Financial Page 1 of 1 < tJ.!Vt~ .«'Ctf•i.iC:iT~ ~UJ.t A4,L~ L ..( 111-'t rm \lanulik hruncial t<.. .z v /¥A u 2 A·-:;;" """'' c;/l.?, i'"7/i; c f-:·· ,' !Lt,;• Part 5 -Review Request « .~ :;•,!!CJ•.!:: i":L· Page 5 of5 . ~\ ·:· cJ1ar:q~.::-. i 1:;ct1 sup~>or: instructions Af/t_'L. ~ fz.. .. ~~ 6~$'J" Please review your application below. Use the "Previous page" button to make changes. When you are ready to submit your application, click the "Submit request" button at the bottom of this page. What is the full name of your organization? Lake Lisgar Revitalization Project To which sector does your organization belong? Other Most of Manulife's funding is limited to organizations that are registered as charitable by the Canada Revenue Agency. What is the primary focus of your organization? Environment What is the geographic scope of this initiative? Local or Community What is your relationship with Manulife Financial? No formal relationship Primary contact person Salutation Ms. First name Joan Last name Weston Title Committee Member Telephone number (with area code) 519-842-2091 Fax number Extension (if required) Email address (Status updates will be sent to this address.) tazmeg@bell.net Please confirm your email address. tazmeg@bell.net Organization website address (if available) www.lakelisgar.org Secondary contact person (if applicable) Salutation ·select- First name Last name Title Telephone number (with area code) Address of organization Number and street 200 Broadway Address line 2 (if applicable) 2nd Floor v } https://grant.grantstream.ca/frames!Manulife/ 4/1/2012 Development and Communication Services I 2012 DCS 12 -26 Report -Additional Information Regarding the Lease of the Airport Kitchen DATE: APRIL 10, 2012 TO: KELLEY COULTER, CAO FROM: DAVID SAMIS, DIRECTOR OF DEVELOPMENT & COMMUNICATIONS SERVICES SUBJECT: ADDITIONAL INFORMATION REGARDING THE LEASE OF THE AIRPORT KITCHEN RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-26 Additional Information Regarding the Lease of the Airport Kitchen; FURTHER RESOLVE THAT Council approve the lease of the kitchen and adjacent seating area in the Air Terminal Building to Michael Papaioannou for the period of April 21 to October 31, 2012, subject to the terms and conditions contained in this report; and, That a bylaw be brought forward in this regard." PURPOSE 1. The purpose of this report is to provide additional information to Council regarding the proposed lease of the kitchen and adjacent seating area in the air terminal building at the Tillsonburg Regional Airport to Michael Papaioannou for the period of April 21 to October 31, 2012. HISTORY & DISCUSSION 2. On March 26, 2011, Council reviewed Report DCS 12 -08-Lease of Airport Kitchen and requested that staff negotiate a revised agreement with Michael Papaioannou for the lease of the Airport kitchen including a provision for utility costs to be shared on a pro-rated based and to discuss a longer term for the lease. 3. Subsequent to this, staff met with Mr Papaioannou and were able to negotiate the following: a. Monthly payment of $70 to cover utility costs -Based on a per square foot share of the 2011 utility costs Development and Communication Services I 2012 cc. Character and Employment of Workers dd.Termination of the Contract for Cause ee. Termination for Convenience -By either party upon 60 days notice ff. Interpretation & Force Majeure 8. Staff are currently working on a five year plan for the financial sustainability of the airport and while the cafe operation will not contribute towards that sustainability directly, it will do so indirectly through the increased traffic, fuel sales and animation of the airport. A successful cafe supports the long term vision for the airport as both a leading General Aviation airport and Canada's Vintage Airport. 9. Based on the above analysis and in order to maintain the attractiveness of the airport for both aviation and non-aviation visitors, staff are recommending that the Town enter into a one year operations agreement with a option to extend for an additional two years with Mr. Papaioannou for the operation of the airport cafe. FINANCIAL IMPACT lO.Staff are projecting no impact to the airport budget and the net levy based on the concessions offered in this report. CONSULTATION/COMMUNICATION 11. None. ALTERNATIVES 12.There is one alternative to the recommended motion: a. Council could choose to direct staff to go out to tender on this opportunity Staff do not recommend this alternative as we have tendered the opportunity for two consecutive years (2010 & 2011) with only one response each year. Mr. Papaioannou is the first operator to express an interest in continuing the operation of the cafe. As he has established a good reputation for the cafe, staff are leery of seeking a new operator that may not offer the same quality of service, which would alienate our current customer base. PREPARED BY: Annette Murray, Airport Manager Cephas Panschow, BA, MAES, Development Commissioner AUTHORED ON: April 3, 2012 THIS AGREEMENT made in duplicate this lOth day of April, 2012. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Lessor, of the First Part, -and- Michael Papaioannou, hereinafter called the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillson burg Municipal Airport, including the Air Terminal Building, AND WHEREAS the Lessor is desirous of renting the kitchen facilities and adjacent sitting area in the air terminal building to a qualified operator to provide food services to the users of the Tillson burg Municipal Airport; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. "Cafe Premises" shall mean the Tillson burg Municipal Airport Kitchen and seating area to which this Agreement applies. b. "Facility" shall mean the Air Terminal Building in its entirety. c. "Food Services" shall mean all food and food related products and non-alcoholic beverages required to provide the cafe service within the Cafe Premises. 2. RIGHT TO SELL FOOD AT CAFE PREMISES The Lessor grants to the Lessee exclusive rights to sell food and non-alcoholic beverages within the Cafe as outlined in this Agreement. Items to be sold shall be limited to food products. Notwithstanding above, the Lessor reserves the right to provide their own catering for private events from time to time. 3. LEASE TERM The Lease Term is effective beginning April14, 2012 and ending October 31, 2012, unless terminated under the provisions of Paragraphs 28 or 29, as applicable. The Lease Term can be extended for an additional two (2) years, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to December 31, 2012. If accepted by the Lessor within forty-five days, the same rates and terms shall apply except that the contract be amended to extend the termination date. 1 It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Manager on promotion, marketing and all aspects of Cafe operations. Hours of operation of the Cafe are to be posted in locations deemed appropriate by the Airport Manager. 9. FACILITIES INVENTORY The lease agreement for the kitchen includes the items listed in Schedule A attached to this agreement. Prior to the beginning of the contract or first date of operations, the Lessor and the Lessee shall perform a joint facilities inventory to determine: • The operating condition of all capital equipment; and, • The condition of the premises including all surfaces; Photos to be attached. In no event shall either party remove, without the written permission of the authorized representative(s) of either party, any capital or major equipment or facilities. It is the responsibility of the Lessee to notify the Lessor immediately if any of the equipment becomes non-functioning or a safety hazard. 10. MAINTENANCE & CARE OF KITCHEN EQUIPMENT The cost of normal maintenance and care of kitchen equipment will be the responsibility of the landlord unless due to negligence on the part of the Lessee. The Lessee agrees to pay for the range hood inspection under NFPA (fire) regulations if required. 11. HOUSEKEEPING The lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the cafe/restaurant; including the kitchen, dining area, any areas rented for banquets, and all walls associated with each. Restaurant cleanliness shall meet Oxford County Public Health Unit standards. Due diligence is the responsibility of the lessee. 12. WASTE REMOVAL The lessee will be responsible for the coordination and costs associated with waste removal including tipping fees, cooking oil removal, recycling, etc. 3 19. WORKPLACE SAFETY AND INSURANCE BOARD {WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract and upon fourteen {14) days notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 20. W.H.M.I.S. REQUIREMENTS The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease and operation of the concession. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 21. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation of the Town of Tillson burg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. 22. LOSS OR DAMAGES It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 5 29. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. The Lessor may immediately terminate the Agreement if the County of Oxford Board of Health notifies the Lessor that: • The bacterial content of the food fails to meet public health standards; or, • The method for preparing, packaging, storing or shipping food is deemed unsatisfactory in meeting public health standards; or, • Any other condition exists that, in the opinion of the County of Oxford Board of Health, results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor within ten (10) business days following termination. 30. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies shall be payable within thirty (30) days of termination. 31. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 32. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 7 APPENDIX A-CAFE INVENTORY UPDATED MAY 6, 2011 1 KEURIG COFFEE MAKER 1 BLACK AND DECKER TOASTER 1 WHIRLPOOL GOLD FRIDGE W/BOTTOM FREEZER 1 MOYER DIEBEL DISHWASHER 1 WHIRLPOOL 5 BURNER STOVE 1 GRILL/OVEN 1 PANASONIC S/S MICROWAVE 1 WESTBEND 32 CUP COFFEE PERCOLATOR 1 BETTY CROCKER WATER KETTLE 1 SUNBEAM 10 CUP COFFEE MAKER 1 BLACK AND DECKER TOASTER OVEN 1 S/S PAPER TOWEL HOLDER 2 S/S MIXING BOWLS 1 S/S STRAINER 1 PLASTIC MEASURING CUP 1 BRAVETTI PRO CROCKPOT 2 SERVING TRAYS 1 GREY DISH TOTE 1 EYE WASH STATION 2 PLASTIC FOOD CONTAINERS 1 BLACK AND DECKER GRIDDLE 24 WHITE DINNER PLATES 24 WHITE COFFEE MUGS 36 PALM CHINA CUPS 7 OUNCE 9 Development and Communication Services I 2012 DCS 12-23 Report-Award of Airport Agricultural Land Tender DATE: APRIL 10, 2012 TO: KELLEY COULTER, CAO FROM: DAVID SAMIS, DIRECTOR OF DEVELOPMENT & COMMUNICATION SERVICES SUBJECT: AWARD OF AIRPORT AGRICULTURAL LAND TENDER RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-23 Award of Airport Agricultural Land Tender; and, FURTHER RESOLVE THAT Council approve the lease of 337.8 acres of land at the Tillsonburg Regional Airport to .Johan Verveer for a one year period and subject to the terms and conditions contained in this report; and, That a bylaw be brought forward in this regard". PURPOSE 1. The purpose of this report is to seek Council approval to lease 337.8 acres of agricultural land at the Tillsonburg Regional Airport for the 2012 crop season. HISTORY & DISCUSSION 2. In 2007, Council approved the lease of airport agricultural lands to 1158871 Ontario Limited for a 5 year period at a rental rate of $152 per acre. The proposal was solicited through a competitive bid process. This agreement expired on December 31, 2011. 3. On March 9, 2012, the Town released a tender for the airport agricultural lands. The tender was advertised on the town's website, the Tillsonburg News, the Ontario Farmer and circulated via email. Bidders were eligible to bid on either a lease or a sharecropping arrangement. Bidders were also invited to submit proposals for any of the following properties for 1, 3 and 5 year period: • Property at Hwy 19/Airport Rd-Approximately 25.1 acres of farmable land • Remaining Airport property-Approximately 312.7 acres of farmable land • Total of 337.8 Acres of land I Development and Communication Services I 2012 8. Additionally, two proposals were based on a hybrid model with a fixed rent/acre with a premium paid if certain revenue/production targets are met: a. Lease revenue of $276/acre with a bonus of 40% of revenue exceeding a set revenue level, i.e. if the set revenue level was $900 gross revenue/acre and the lands produced $1,000/acre in a given year, the Town would receive 40% of the extra $100; b. Lease revenue of $209/acre with an additional $1/acre per bushel above 170 bushels for acre, i.e. if the average crop production was 180 bushels/acre, then the Town would receive an additional $10/acre thereby increasing the lease revenue to $219/acre. 9. Staff are also not recommending the hybrid model for similar reasons. The overall lease revenue at the fixed rate is lower than received in other proposals and the gross revenue levels are fairly high. Similar to the crop sharing proposal, there would also be a significant resource requirement for staff to monitor and track production in order to ensure that the Town is being treated fairly. 10.The two top bids are summarized as follows: Name Lease Term Acreage Crop Bid/Acre Total Revenue Johan 1, 3, or 5 337.8 Corn & $305 $103,029 Verveer years Soybean Field & Flock 5 years only 337.8 Alfalfa Grass $300 $101,340 Farms Ltd 11.Staff are recommending the bid submitted by Johan Verveer at $305/acre as it is the highest bid and the option for a 1 year lease term was provided. Although planting of alfalfa grass is attractive as it is a low field crop, the Field and Flock Farms bid was lower and did not offer the option of a shorter lease period. 12.Staff are recommending the shorter lease period of 1 year for a number of reasons including the fact that the property has not been exposed to the market for a significant period of five years and because commodity prices could increase over the next year, potentially resulting in higher lease rates if re-tendered in 2013. 13.In addition to the Johan Verveer bid being the highest rate, he has also indicated that he will be consulting with agronomists regarding best management practices for farming the land including the potential use of herbicide and fungicide treatments as needed. Development and Communication Services I 2012 2012 Land Lease Revenue (Tender) $103,029 2012 Land Lease Revenue (Long Term Lease $17,995 -59 Ac) TOTAL 2012 LAND LEASE REVENUE $121,024 Budgeted Land Lease Revenue $66,798 Net Increase Over Budgeted Amount $54,226 2012 Net Levy $79,624 Projected Net Levy $25,398 -- 2l.There is also the possibility of increasing the acreage being farmed by working with the successful bidder to bring marginal lands into production. At this time, staff do not have further information, but will provide details as they become available. This could result in additional land lease revenue. CONSULTATION/COMMUNICATION 22.None. ALTERNATIVES 23.There are two alternatives to the recommended motion: a. Council could chose to enter into a longer term lease with Johan Verveer. Staff do not recommend this option for the above mentioned reasons of exposing the property to the market again in 2013. b. Council could choose to enter into a sharecropping agreement. Staff do not recommend this option as the Town would be taking on risk for a nominal increase in return. Lease Term Bid/acre Notes 1, 3, 5 yrs 337.8 corn and soybean $305.00 5 yrs 337.8 alfalfa grass $300.00 5 yrs 337.8 corn and soybean $276.00 5 yrs I 337.8 I corn and soybean I $990.00 I sro&s revenue of This is a sharecropping SA%, for a tot~ I of proposal. Yields may $120,~91.92 vay dramatically I ":." ... 5 yrs I 337.8 I corn and soybean I $275.00 1, 3, 5 yrs I 337.8 I corn and soybean I 1yr $ 267 3 yr $227 5 yr $202 1, 3, 5 yrs I 337.8 I corn, soybean and I $255.00 wheat 5 yrs I 337.8 I corn and soybean I $250.00 ~158~71 bht Ltd· 1, 3 and 5 yrs 337.8 corn and soybean Town's share 1 yr $69,902.62 This is a sharecropping 30% of Gross 3 yrs $ 61,105.20 proposal. Yields may Revenue 5 yrs $ 63,337.50 vay dramatically ·MaYb$r,ryHIII)~r!ll$,, 5 yrs 337.8 corn, soybean and $175.00 $59,115.00 .• ·. ,', ,' '' ,,,.', ,'· wheat Paton''Ftlrm$ ·.· .. · , 3 yrs 337.8 corn, soybean and $175.00 $59,115.00 ' . . . . . . " . . . ' wheat THIS AGREEMENT made in duplicate this 11th day of April , 2012. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, of the First Part, -and- JOHAN VERVEER hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of the Tillsonburg Regional Airport property, which is located between Airport Road and Prouse Road east ofHighway 19, and legally described as Lots 5 & 6 and Part ofLots 2, 3, 4, and 7, Township of South-West Oxford, County of Oxford, Province of Ontario, and known municipally as 244411 Airport Road (the "Property"); AND WHEREAS the Lessor is desirous of renting the subject lands for agricultural purposes subject to the conditions hereinafter set forth in this Agreement. NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent as set out below to the Lessor by two payments each year during the term of this agreement. The first payment of which shall constitute 50% of annual rental fee and shall be due and payable upon execution of the contract or no later than May 1 and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this indenture remains in force: (a) Approximately 337.8 Acres of arable land, shown as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 on the sketch in Appendix A, at a price of$305/acre for a total of $103,029 annually. 2. TERM The term of the lease shall be from May 1, 2012 to expiration upon harvesting of crops in the fall of2012, and no later than December 31, 2012. The Lease Term can be extended for additional one (1) year terms by the Lessor in their sole and absolute discretion. 3. RE-ENTRY PROVISO for re-entry by the Lessor on non-payment or non-performance of covenants. 4. CROPS IT IS further agreed that the crop to be grown on the said lands shall be agreed upon prior to planting and shall generally be a com and soybean rotation. Page 3 15. TERMINATION FOR CONVENIENCE IT IS further hereby agreed between the Parties hereto that this lease agreement may be terminated, in whole or in part, by either party in their sole and absolute discretion by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. In the case where the Lessor terminates the lease, the provisions of Paragraph 5 above shall be in effect. In the case where the Lessee terminates the lease, he/she shall be responsible to pay a pro-rated payment to the date of termination for the lands leased. 16. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Att: Airport Manager Corporation of the Town ofTillsonburg 244411 Airport Road South-West Oxford, ON N4G 4H1 lfto the Lessee: Johan Verveer IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used in this indenture shall, when the context allows, include, be binding on and enure to the benefit of not only the Parties hereto, but also their respective executors, administrators and assigns. Development and Communication Services 2012 DCS -2012 -25 Tillson burg Development Charge Deferral DATE: April 3, 2012 TO: Kelley Coulter, Chief Administrative Officer FROM: David Samis, Director of Development and Communication Services SUBJECT: DEVELOPMENT CONSULATION UPDATE RECOMMENDATIONS "Resolve that Council receives report 2012-25 Til/sonburg Developmpent Charge Deferral. Further resolve that Council adopt the recommendations contained herein and amend By-law 3361. PURPOSE Staff reported to Council on March 23, 2012 an outline of the consultations that have occurred with the development community. One of the recommendations that resulted from the consultations was a recommendation for a deferral of development charges. As requested, by Council this report puts forward this recommendation for Council's consideration. HISTORY AND DISCUSSION In January of 2011; staff within the Department of Development and Communication Services started to implement a number of changes to the development process via reduced fees, new processes and streamlining. For review of Council the changes are listed below: These initiatives include: -New Site Plan Process; -Elimination of the Tillsonburg Levy as of January 1, 2012; liP age Development and Communication Services 2012 Staff will be conveying the above message to the development community at the April 18th, Builders Forum. FINANCIAL IMPACT /FUNDING SOURCE No impact, the Tillsonburg development charge fees would be collected at a later date at the time of occupancy. CONCLUSION Staff are providing this report as requested by Council on March 23, 2012. Completed by: David Samis, Director of Development and Communication Services Geno Vanhaeleywn, Chief Building Official Authored: March 19, 2012 3IPage April 2, 2012 Amber Zimmer, Deputy Clerk Town of Tillson burg, 200 Broadway Tillsonburg, Ontario. N4G 5A7 Dear Ms. Zimmer: At the Quality of Life Committee meeting on March 6, 2012 the committee passed the following resolution: • MOTION to change the name of the presently named Committee Quality of Life to Parks and Recreation Services Advisory Committee. Moved by D. Baxter and seconded by J. Livermore. The Committee requests council endorsement to change the name to Parks and Recreation Services Advisory Committee as indicated in the above motion. Respectfully Submitted, Catherine Burke, Secretary, Quality of Life Committee THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3603 A BY-LAW to authorize the Sale of certain lands on Quarter Town Line Road to Trevor and Tara Lamb. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 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 Wilcox Street, Plan 714, Closed by By-Law 3538, Town of Tillsonburg, County of Oxford. AND WHEREAS Trevor and Tara Lamb have made a written offer to purchase these lands at the Purchase Price of $65,000.00 plus Harmonized Sales Tax (HST). BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillson burg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands described as Wilcox Street, Plan 714, Closed by By-Law 3538, municipally known as 180-A Quarter Town Line Road, in the Town of Tillson burg, County of Oxford, at the purchase price of $65,000.00 plus HST; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRST AND SECOND TIME THIS 101!1 DAY OF April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 101!1 DAY OF April, 2012. Mayor -John Lessif Clerk -Donna Wilson THE CORPORATION OF THE TOWN OF TILISONBURG BY -LAW NUMBER 3606 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND MICHAEL PAPAIOANNOU. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Michael Papaioannou for the purposes of operating the Airport Kitchen; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 10th day of April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 10th day of April, 2012. MAYOR-John Lessif CLERK -Donna Wilson MINUTES: Meeting for the Committee "Open Council" Seconded By: Councillor Klein AND RESOLVE THAT By-Law 3585, To close Angus Street, 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" 21. By-Law 3590, To Confirm the Proceedings of Council for the Meeting of February 13. 2012. CJ Resolution No. 16: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVE THAT By-Law 3590, To Confirm the Proceedings of the Special Budget Council meeting and the Council Meeting of February 13, 2012, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3590, 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 Seconded By: Councillor Stephenson AND RESOLVED THAT the meeting be adjourned at 7:45 p.m. "Carried" Approval Received: (1 of 1) Donna Wilsonrrillsonburg (Tuesday February 14, 2012 04:53 PM) Town of Tillsonburg Page 6 THIS AGREEMENT made in duplicate this 101h day of April, 2012. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Lessor, of the First Part, -and- Michael Papaioannou, hereinafter called the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillson burg Municipal Airport, including the Air Terminal Building, AND WHEREAS the Lessor is desirous of renting the kitchen facilities and adjacent sitting area in the air terminal building to a qualified operator to provide food services to the users of the Tillson burg Municipal Airport; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. 11Cafe Premises" shall mean the Tillson burg Municipal Airport Kitchen and seating area to which this Agreement applies. b. 11Facility" shall mean the Air Terminal Building in its entirety. c. 11Food Services" shall mean all food and food related products and non-alcoholic beverages required to provide the cafe service within the Cafe Premises. 2. RIGHT TO SELL FOOD AT CAFE PREMISES The Lessor grants to the Lessee exclusive rights to sell food and non-alcoholic beverages within the Cafe as outlined in this Agreement. Items to be sold shall be limited to food products. Notwithstanding above, the Lessor reserves the right to provide their own catering for private events from time to time. 3. LEASE TERM The Lease Term is effective beginning April14, 2012 and ending October 31, 2012, unless terminated under the provisions of Paragraphs 28 or 29, as applicable. The Lease Term can be extended for an additional two (2) years, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to December 31, 2012. If accepted by the Lessor within forty-five days, the same rates and terms shall apply except that the contract be amended to extend the termination date. 1 It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Manager on promotion, marketing and all aspects of Cafe operations. Hours of operation of the Cafe are to be posted in locations deemed appropriate by the Airport Manager. 9. FACILITIES INVENTORY The lease agreement for the kitchen includes the items listed in Schedule A attached to this agreement. Prior to the beginning of the contract or first date of operations, the Lessor and the Lessee shall perform a joint facilities inventory to determine: • The operating condition of all capital equipment; and, • The condition of the premises including all surfaces; Photos to be attached. In no event shall either party remove, without the written permission of the authorized representative(s) of either party, any capital or major equipment or facilities. It is the responsibility of the Lessee to notify the Lessor immediately if any of the equipment becomes non-functioning or a safety hazard. 10. MAINTENANCE & CARE OF KITCHEN EQUIPMENT The cost of normal maintenance and care of kitchen equipment will be the responsibility of the landlord unless due to negligence on the part of the Lessee. The Lessee agrees to pay for the range hood inspection under NFPA (fire) regulations if required. 11. HOUSEKEEPING The lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the cafe/restaurant; including the kitchen, dining area, any areas rented for banquets, and all walls associated with each. Restaurant cleanliness shall meet Oxford County Public Health Unit standards. Due diligence is the responsibility of the lessee. 12. WASTE REMOVAL The lessee will be responsible for the coordination and costs associated with waste removal including tipping fees, cooking oil removal, recycling, etc. 3 19. WORKPLACE SAFETY AND INSURANCE BOARD {WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract and upon fourteen (14) days notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 20. W.H.M.I.S. REQUIREMENTS The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease and operation of the concession. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 21. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation of the Town of Tillson burg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. 22. LOSS OR DAMAGES It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 5 29. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty {30) days notice and all commissions outstanding shall be payable to the Lessor within thirty {30) days from termination. The Lessor may immediately terminate the Agreement if the County of Oxford Board of Health notifies the Lessor that: • The bacterial content of the food fails to meet public health standards; or, • The method for preparing, packaging, storing or shipping food is deemed unsatisfactory in meeting public health standards; or, • Any other condition exists that, in the opinion of the County of Oxford Board of Health, results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor within ten (10) business days following termination. 30. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party by giving notice, in writing, sixty {60) days prior to the termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies shall be payable within thirty {30) days of termination. 31. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 32. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 7 APPENDIX A-CAFE INVENTORY UPDATED MAY 6, 2011 1 KEURIG COFFEE MAKER 1 BLACK AND DECKER TOASTER 1 WHIRLPOOL GOLD FRIDGE W/BOTIOM FREEZER 1 MOYER DIEBEL DISHWASHER 1 WHIRLPOOL 5 BURNER STOVE 1 GRILL/OVEN 1 PANASONIC S/S MICROWAVE 1 WESTBEND 32 CUP COFFEE PERCOLATOR 1 BETTY CROCKER WATER KETILE 1 SUNBEAM 10 CUP COFFEE MAKER 1 BLACK AND DECKER TOASTER OVEN 1 S/S PAPER TOWEL HOLDER 2 S/S MIXING BOWLS 1 S/S STRAINER 1 PLASTIC MEASURING CUP 1 BRA VETil PRO CROCKPOT 2 SERVING TRAYS 1 GREY DISH TOTE 1 EYE WASH STATION 2 PLASTIC FOOD CONTAINERS 1 BLACK AND DECKER GRIDDLE 24 WHITE DINNER PLATES 24 WHITE COFFEE MUGS 36 PALM CHINA CUPS 7 OUNCE 9 11 13 15 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3607 A BY-LAW TO AUTHORIZE AN AGRICULTURAL LEASE BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND JOHAN VERVEER WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Lease Agreement with Johan Verveer for the purposes of renting the subject lands for agricultural purposes; THEREFORE the Council 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. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 10th day of April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 10th day of April, 2012. MAYOR-John Lessif CLERK -Donna Wilson THIS AGREEMENT made in duplicate this II th day of April , 2012. __ _;...="---- BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, of the First Part, -and- JOHAN VERVEER hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of the Tillsonburg Regional Airport property, which is located between Airport Road and Prouse Road east of Highway 19, and legally described as Lots 5 & 6 and Part of Lots 2, 3, 4, and 7, Township of South-West Oxford, County of Oxford, Province of Ontario, and known municipally as 244411 Airport Road (the "Property"); AND WHEREAS the Lessor is desirous of renting the subject lands for agricultural purposes subject to the conditions hereinafter set forth in this Agreement. NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent as set out below to the Lessor by two payments each year during the term of this agreement. The first payment of which shall constitute SO% of annual rental fee and shall be due and payable upon execution of the contract or no later than May I and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this indenture remains in force: (a) Approximately 337.8 Acres of arable land, shown as Parcels l, 2, 3, 4, 5, 6, 7, 8, 9, lO & ll on the sketch in Appendix A, at a price of$305/acre for a total of $103,029 annually. 2. TERM The term of the lease shall be from May I, 2012 to expiration upon harvesting of crops in the fall of2012, and no later than December 31,2012. The Lease Term can be extended for additional one (l) year terms by the Lessor in their sole and absolute discretion. 3. RE-ENTRY PROVISO for re-entry by the Lessor on non-payment or non-performance of covenants. 4. CROPS IT IS further agreed that the crop to be grown on the said lands shall be agreed upon prior to planting and shall generally be a com and soybean rotation. 5. RIGHT TO SELL SUBJECT LANDS IT IS further specifically agreed by and between the Parties hereto that the Lessor shall have the right to sell any part or parts of the subject lands and given immediate possession thereof, subject to the condition that if the Lessor sells and requires possession of any of the subject lands on which an agricultural crop is growing, the Lessee shall be compensated for any and all expenses incidental to growing such crop and the acreage leased pursuant to paragraph I hereof, shall be adjusted to take into account such share or lease throughout the balance of the term of the Lease. The Lessee must provide detailed accounting of the costs incurred for the lands in order to be reimbursed. Page3 15. TERMINATION FOR CONVENIENCE IT IS further hereby agreed between the Parties hereto that this lease agreement may be terminated, in whole or in part, by either party in their sole and absolute discretion by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. In the case where the Lessor terminates the lease, the provisions of Paragraph 5 above shall be in effect. In the case where the Lessee terminates the lease, he/she shall be responsible to pay a pro-rated payment to the date of termination for the lands leased. 16. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Att: Airport Manager Corporation of the Town ofTillsonburg 244411 Airport Road South-West Oxford, ON N4G 4H1 If to the Lessee: Johan Verveer IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used in this indenture shall, when the context allows, include, be binding on and enure to the benefit of not only the Parties hereto, but also their respective executors, administrators and assigns. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3608 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE ONTARIO POWER AUTHORITY WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Ontario Power Authority for the purposes of receiving payment for the solar power generated at the 1 Library Lane property; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS lOth day of April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS lOth day of April, 2012. MAYOR-John Lessif CLERK -Donna Wilson O,NTARIO- FEED-IN TARIFF MICROFIT CONTRACT Version 1.6 (December 08, 2010) --------(y Reference Number: FIT-MKTI6JN Wl!R' AUTHCIRITV . PO ------------- Ontario Power Authority ("OPA"} and The Corporation of the Town of Tillsonburg ("Supplier"} hereby enter into this microFIT Contract. OPA and Supplier are referred to in this microFIT Contract jointly as "Parties" or individually as "Party." In consideration of the mutual promises and obligations stated in this agreement, the Parties agree as follows: 1. DOCUMENTS INCLUDED; DEFINED TERMS This Contract includes the Agreement and the following appendices, which are specifically incorporated herein and made a part of this Agreement (check all that apply}: ~Appendix A -Definitions • Appendix B -Calculation of Indexed Contract Price (use if Percentage Escalated applies} ~Appendix C-Solar PV Schedule (use if solar photovoltaic facility} • Appendix D-1 -Directly Connected Facility Schedule (use if Directly Connected Facility} ~Appendix D-2 -Indirectly Connected Facility Schedule (use if Indirectly Connected Facility} • Appendix E-Incremental Project Schedule (use if Incremental Project} • Appendix F -LDC Schedule (use if LDC is Supplier} This agreement and the Appendices incorporated herein and made a part hereof are together referred to as this "Contract." 2. GENERATING FACILITY 2.1 Facility. This Contract governs CPA's procurement of electricity from the electrical generating facility (hereinafter referred to as the "Facility"} described in this Section. 2.1.1 The Facility is connected directly or indirectly to the Tillsonburg Hydro Inc. ("LDC"} distribution system. 2.1.2 Supplier (check one}: !.1 is not the same legal entity as LDC. • is the same legal entity as LDC. 2.1.3 The name and account number the LDC associated with the Facility is: Name: rrhe Corporation of the Town of rrillsonburg LDC Account Number: 6601315 2.1.4 The Facility is located in Ontario at the following location (insert municipal address or if there is no municipal address or location, insert legal description for property}. 18-20 Spruce Street, Tillsonburg ON, N4G 5C4 2.1.5 The Facility's Renewable Fuel is solar photovoltaic (rooftop}. 2.1.6 The Facility has a Nameplate Capacity of 10 kilowatts ("kW"}. Supplier shall not page1/16 4.4.4 Supplier shall refund to OPA any amount collected as, or on account, of Sales Tax, that was collected in error by Supplier from OPA. OPA may reduce and offset any amount due to Supplier by the amount of such refund that is due to OPA. 4.4.5 Supplier shall notify OPA promptly of any change in its Sales Tax registration status, including becoming a Sales Tax registrant or ceasing to be a Sales Tax registrant. 4.4.6 If the Supplier is a non-resident of Canada, as that term is defined in the ITA. then Generation Payments shall be reduced by the amount of any applicable withholding or similar taxes. OPA may reduce or offset any amount due to Supplier by the amount of withholding taxes (and interest thereon) assessed against the OPA with respect to the Generation Payments paid to the Supplier. OPA may also reduce and offset any amount due to Supplier by the amount of any loss or damage suffered by OPA or amount assessed against OPA, arising out of any misrepresentation by Supplier as to its residency. 4.4.7 Supplier shall notify OPA promptly if it becomes a non-resident of Canada, as that term is defined in the ITA. 4.4.8 OPA may, on not less than 30 days' prior notice to Supplier, designate an alternative settlement agent or implement alternative settlement mechanics to those set out in Section 4.4.1 and 4.4.2. 5. ENVIRONMENTAL ATTRIBUTES 5.1 Transfer. Supplier hereby transfers and assigns to, or to the extent transfer or assignment is not permitted, holds in trust for, OPA who thereafter shall retain, all rights, title, and interest in all Environmental Attributes associated with the Facility. 5.2 Action to Transfer. Supplier shall from time to time during the Term, upon written direction of OPA, take all such actions and do all such things necessary to effect the transfer and assignment to, or holding in trust for, OPA, all rights, title, and interest in all Environmental Attributes as set out in Section 5.1. 5.3 Action to Register. Supplier shall from time to time during the Term, upon written direction of OPA, take all such actions and do all such things necessary to certify, obtain, qualify, and register with the relevant authorities or agencies Environmental Attributes that are created and allocated or credited with respect to the Facility pursuant to Laws and Regulations from time to time (collectively, the "Regulatory Environmental Attributes") for the purposes of transferring such Regulatory Environmental Attributes to OPA in accordance with Section 5.1. 5.4 Cost Reimbursement. The Supplier shall be entitled to reimbursement of the cost of complying with a direction under Section 5.2 or Section 5.3, provided that OPA approves such cost in writing prior to the cost being incurred by Supplier. The Supplier shall not be required to incur any material cost associated with complying with a direction under Section 5.2 or Section 5.3 where the Supplier has sought approval from the OPA for such cost and the OPA has not approved same. 6. REPRESENTATIONS AND WARRANTIES Supplier represents and warrants to OPA as follows and acknowledges that OPA is relying on such representations and warranties in entering into this Contract: 6.1 Connection page3/16 7.1.2 The Supplier shall notify the OPA promptly of any change to the information contained in paragraphs 2.1.1 and 2.1.3. 7.2 Metering 7.2.1 The Facility's meter will, at all times, be exclusive to the Facility. 7.2.2 The Facility's meter will, at all times, be owned and operated by LDC. 7.3 Eligibility 7.3.1 The Supplier at all times will be an Eligible Participant. 8. GENERAL CONDITIONS 8.1 Access Rights. OPA, its authorized agents, employees and inspectors shall have the right to inspect the Facility on reasonable advance notice during normal business hours and for any purposes reasonably connected with this Contract or the exercise of any and all rights secured to OPA by law. 8.2 Electricity. In no event shall Supplier have the right to procure electricity from sources other than the Facility for sale or delivery pursuant to this Contract or substitute such electricity. 8.3 Meter and Meter Data. 8.3.1 Supplier shall provide, and shall use reasonable efforts to cause LDC to provide, the OPA and its authorized agents, agents employees and inspectors with access to the Facility's meter for the purpose of reading, recording and downloading data, all upon not less than two days' advance notice from OPA to Supplier or LDC, as applicable. 8.3.2 Supplier acknowledges that it has irrevocably authorized LDC to release to OPA any information or data relating to the Facility which may be required by OPA for the purposes of administering the Contract. Supplier shall recognize and maintain OPA's rights in this regard, and shall provide similar authorizations to other agencies, settlement agents and third parties, where requested by OPA. 8.4 Freedom of Information. Supplier acknowledges that OPA is subject to the Ontario Freedom of Information and Protection of Privacy Act, R.S.O. 1993, c. F.31 ("FIPPA") and that any information supplied by the Supplier to or held about the Supplier by the OPA may be subject to disclosure by OPA in accordance with the requirements of FIPPA. 8.5 Disclosure of Information. Supplier consents to and waives all rights or claims to compensation of any kind in respect of use or disclosure by OPA or LDC to the Ministry of Energy and Infrastructure or any other Ontario government institution of information about the microFIT Supplier, the Supplier's electricity generation, pricing provisions and payments, generating capacity, electricity generation or other information about the Supplier for all program analysis, assessments, reporting, administrative, operational or planning purposes or for purposes of publicity or public awareness regarding the microFIT program or similar programs for alternative electricity generation, electricity conservation or electricity generating technology, use or operations. 8.6 Statement Copies. Supplier shall, at the request of OPA, provide OPA with copies of all settlement statements, invoices and all other correspondence between Supplier and LDC relating to the Facility and/or any Generation Payment and authorizes the OPA to request the same from LDC. page5/16 No amendment to or modification of this Contract shall be enforceable unless reduced to writing and executed by both Parties. 12. ASSIGNMENT The Supplier may assign its rights and obligations under this Agreement with the consent of the OPA, which shall not withhold its consent unreasonably. The Supplier may only assign its rights and obligations under this Agreement to another Eligible Participant. The OPA shall have the right to assign its rights and obligations under this Contract without the consent of the Supplier. 13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. page?/16 entitlements, benefits, and other proceeds arising from or related to the foregoing. For greater certainty, in the event that any governmental or non-governmental agency, whether provincial, federal. national or international in scope or authority, creates or sanctions a registry, trading system, credit, offset or other program relating to Environmental Attributes or their equivalent, the term "Environmental Attributes" shall include the rights or benefits created or sanctioned under any such program or programs to the extent available as a result of, or arising from the Facility. "Existing Generation Facility" means an electricity generating facility that is located and which is connected to the LDC distribution system. "Facility" has the meaning given to it in Section 2.1 of the Agreement. "FIT Price Schedule"means the schedule of prices established by the OPA from time to time, in its sole discretion, that will be used to determine the Contract Price for a FIT Contract, differentiated by Renewable Fuel, capacity and other factors as determined by the OPA. "FIT Program Facility" means any Renewable Generating Facility that is the subject of a contract or an application pursuant to the OPA's Renewable Energy Feed-In Tariff Program. "Generation Payment" has meaning given to it in Section 4.4 of the Contract. "Governmental Authority" means any federal, provincial, or municipal government, parliament or legislature, or any regulatory authority, agency, tribunal, commission, board or department of any such government, parliament or legislature, or any court or other law, regulation or rule-making entity, having jurisdiction in the relevant circumstances, including the Ontario Energy Board and the Electrical Safety Authority. "GST" means the goods and services tax exigible pursuant to the Excise Tax Act {Canada) or any successor thereto. "HST" means the harmonized sales tax exigible pursuant to the Excise Tax Act {Canada) or any successor thereto, including the "Harmonized Sales Tax" proposed in the March 26, 2009 Ontario Budget. "Incremental Project" means any change to an Existing Generation Facility which results in an increase in the installed capacity of the Existing Generation Facility. "Indexed Contract Price" has the meaning given to it in Section 4.3 of the Agreement. "Indirectly Connected" means a Facility which is connected to the LDC distribution system in an arrangement which is associated with a load customer or premises. "ITA" means the Income Tax Act {Canada). "kWh" means kilowatt-hour. "Laws and Regulations" means: a. applicable federal. provincial or municipal laws, orders-in-council, by-laws, codes, rules, policies, regulations and statutes; b. applicable orders, decisions, codes, judgments, injunctions, decrees, awards and writs of any court, tribunal, arbitrator, Governmental Authority or other person having jurisdiction; c. applicable rulings and conditions of any licence, permit, certificate, registration, authorization, consent and approval issued by a Governmental Authority; and d. the Retail Settlement Code and the Distribution System Code. page9/16 page 11/16 where: a. some but not all aspects of the Designated Activity were performed in relation to the Facility; or b. the Supplier is unable to provide evidence satisfactory to the OPA, acting reasonably, that the Designated Activity was performed in relation to the Facility. 4.5 The "Domestic Content Level" in respect of a Facility shall be calculated, following the Connection Date, as the sum of the Qualifying Percentages allocated to such Facility in accordance with Section 2.1 of this Appendix C. 4.6 The Supplier must obtain a written confirmation from any equipment supplier or installer providing equipment or services contributing to the Domestic Content Level. confirming which components qualify as Designated Activities. 4.7 Within 10 Business Days of any request by the OPA, the Supplier shall provide written evidence satisfactory to the OPA, acting reasonably, confirming that the Facility has met the Minimum Required Domestic Content Level. Domestic Content Grid for Micro-Scale {:slO kW) Solar Photovoltaic Power Projects Designated Activity Qualifying Percentage 1. Silicon that has been used as input to solar photovoltaic cells manufactured 10% in an Ontario refinery. 2. Silicon ingots and wafer, where silicon ingots have been cast in Ontario, 12% and wafers have been cut from the casting by a saw in Ontario. 3. The crystalline silicon solar photovoltaic cells, where their active 10% photovoltaic layer(s) have been formed in Ontario. 4. Solar photovoltaic modules (i.e. panels), where the electrical connections 13% between the solar cells have been made in Ontario, and the solar photovoltaic module materials have been encapsulated in Ontario. 5. Inverter, where the assembly, final wiring and testing has been done in 9% Ontario. 6. Mounting systems, where the structural components of the fixed or moving 9% mounting systems, have been entirely machined or formed or cast in Ontario. The metal for the structural components may not have been pre-machined outside Ontario other than peeling/roughing of the part for quality control purposes when it left the smelter or forge. The machining and assembly of the mounting system must entirely take place in Ontario (i.e. bending, welding, piercing, and bolting). 7. Wiring and electrical hardware that is not part of other Designated 10% Activities (i.e. items 1-6 and 8 of this table), sourced from an Ontario Supplier. 8. All on-site and off-site labour and services. For greater certainty, this 27% Designated Activity shall apply in respect of all Facilities. Total 100% page 13 I 16 2.2 The Facility is (check one): !.I connected In Parallel. • connected In Series. 2.3 The Facility is (check one): !.I not connected to a battery back-up or supply system. • connected to a battery back-up or supply system and the back-up or supply system is not located upstream of the Facility's meter. For greater certainty, the following are acceptable battery configurations: If In Series, as follows. Facilty Load Customer D lstribulion system If In Parallel, as follows. LO:ao Customer F'ac:hty page 15/16 THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3610 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND THE ONTARIO POWER AUTHORITY WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with the Ontario Power Authority for the purposes of receiving payment for the solar power generated at the 20 Spruce St property; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 10th day of April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 10th day of April, 2012. MAYOR-John Lessif CLERK -Donna Wilson ONTARIO') FEED-IN TARIFF MICROFIT CONTRACT Version 1.6 {December 08, 2010) POWJ!R· AUTHORITY V Reference Number: FIT-MKTI6JN Ontario Power Authority {"OPA"} and The Corporation of the Town of Tillsonburg {"Supplier"} hereby enter into this microFIT Contract. OPA and Supplier are referred to in this microFIT Contract jointly as "Parties" or individually as "Party." In consideration of the mutual promises and obligations stated in this agreement, the Parties agree as follows: 1. DOCUMENTS INCLUDED; DEFINED TERMS This Contract includes the Agreement and the following appendices, which are specifically incorporated herein and made a part of this Agreement (check all that apply}: !!':.Appendix A -Definitions • Appendix B -Calculation of Indexed Contract Price {use if Percentage Escalated applies} !!':.Appendix C-Solar PV Schedule {use if solar photovoltaic facility} • Appendix D-1 -Directly Connected Facility Schedule {use if Directly Connected Facility} !':l Appendix D-2 -Indirectly Connected Facility Schedule {use if Indirectly Connected Facility} • Appendix E-Incremental Project Schedule {use if Incremental Project} • Appendix F-LDC Schedule {use if LDC is Supplier} This agreement and the Appendices incorporated herein and made a part hereof are together referred to as this "Contract." 2. GENERATING FACILITY 2.1 Facility. This Contract governs OPA's procurement of electricity from the electrical generating facility {hereinafter referred to as the "Facility"} described in this Section. 2.1.1 The Facility is connected directly or indirectly to the Tillsonburg Hydro Inc. {"LDC"} distribution system. 2.1.2 Supplier (check one}: !.1 is not the same legal entity as LDC. • is the same legal entity as LDC. 2.1.3 The name and account number the LDC associated with the Facility is: Name: The Corporation of the Town of Tillson burg LDC Account Number: 6601315 2.1.4 The Facility is located in Ontario at the following location {insert municipal address or if there is no municipal address or location, insert legal description for property}. 18-20 Spruce Street, Tillsonburg ON, N4G 5C4 2.1.5 The Facility's Renewable Fuel is solar photovoltaic {rooftop}. 2.1.6 The Facility has a Nameplate Capacity of 10 kilowatts {"kW"}. Supplier shall not page 1 /16 4.4.4 Supplier shall refund to OPA any amount collected as, or on account, of Sales Tax, that was collected in error by Supplier from OPA. OPA may reduce and offset any amount due to Supplier by the amount of such refund that is due to OPA. 4.4.5 Supplier shall notify OPA promptly of any change in its Sales Tax registration status, including becoming a Sales Tax registrant or ceasing to be a Sales Tax registrant. 4.4.6 If the Supplier is a non-resident of Canada, as that term is defined in the ITA, then Generation Payments shall be reduced by the amount of any applicable withholding or similar taxes. OPA may reduce or offset any amount due to Supplier by the amount of withholding taxes (and interest thereon} assessed against the OPA with respect to the Generation Payments paid to the Supplier. OPA may also reduce and offset any amount due to Supplier by the amount of any loss or damage suffered by OPA or amount assessed against OPA, arising out of any misrepresentation by Supplier as to its residency. 4.4.7 Supplier shall notify OPA promptly if it becomes a non-resident of Canada, as that term is defined in the ITA. 4.4.8 OPA may, on not less than 30 days' prior notice to Supplier, designate an alternative settlement agent or implement alternative settlement mechanics to those set out in Section 4.4.1 and 4.4.2. 5. ENVIRONMENTAL ATTRIBUTES 5.1 Transfer. Supplier hereby transfers and assigns to, or to the extent transfer or assignment is not permitted, holds in trust for, OPA who thereafter shall retain, all rights, title, and interest in all Environmental Attributes associated with the Facility. 5.2 Action to Transfer. Supplier shall from time to time during the Term, upon written direction of OPA, take all such actions and do all such things necessary to effect the transfer and assignment to, or holding in trust for, OPA, all rights, title, and interest in all Environmental Attributes as set out in Section 5.1. 5.3 Action to Register. Supplier shall from time to time during the Term, upon written direction of OPA, take all such actions and do all such things necessary to certify, obtain, qualify, and register with the relevant authorities or agencies Environmental Attributes that are created and allocated or credited with respect to the Facility pursuant to Laws and Regulations from time to time (collectively, the "Regulatory Environmental Attributes"} for the purposes of transferring such Regulatory Environmental Attributes to OPA in accordance with Section 5.1. 5.4 Cost Reimbursement. The Supplier shall be entitled to reimbursement of the cost of complying with a direction under Section 5.2 or Section 5.3, provided that OPA approves such cost in writing prior to the cost being incurred by Supplier. The Supplier shall not be required to incur any material cost associated with complying with a direction under Section 5.2 or Section 5.3 where the Supplier has sought approval from the OPA for such cost and the OPA has not approved same. 6. REPRESENTATIONS AND WARRANTIES Supplier represents and warrants to OPA as follows and acknowledges that OPA is relying on such representations and warranties in entering into this Contract: 6.1 Connection page3/16 7.1.2 The Supplier shall notify the OPA promptly of any change to the information contained in paragraphs 2.1.1 and 2.1.3. 7.2 Metering 7.2.1 The Facility's meter will, at all times, be exclusive to the Facility. 7.2.2 The Facility's meter will, at all times, be owned and operated by LDC. 7.3 Eligibility 7.3.1 The Supplier at all times will be an Eligible Participant. 8. GENERAL CONDITIONS 8.1 Access Rights. OPA, its authorized agents, employees and inspectors shall have the right to inspect the Facility on reasonable advance notice during normal business hours and for any purposes reasonably connected with this Contract or the exercise of any and all rights secured to OPA by law. 8.2 Electricity. In no event shall Supplier have the right to procure electricity from sources other than the Facility for sale or delivery pursuant to this Contract or substitute such electricity. 8.3 Meter and Meter Data. 8.3.1 Supplier shall provide, and shall use reasonable efforts to cause LDC to provide, the OPA and its authorized agents, agents employees and inspectors with access to the Facility's meter for the purpose of reading, recording and downloading data, all upon not less than two days' advance notice from OPA to Supplier or LDC, as applicable. 8.3.2 Supplier acknowledges that it has irrevocably authorized LDC to release to OPA any information or data relating to the Facility which may be required by OPA for the purposes of administering the Contract. Supplier shall recognize and maintain OPA's rights in this regard, and shall provide similar authorizations to other agencies, settlement agents and third parties, where requested by OPA. 8.4 Freedom of Information. Supplier acknowledges that OPA is subject to the Ontario Freedom of Information and Protection of Privacy Act, R.S.O. 1993, c. F.31 {"FIPPA") and that any information supplied by the Supplier to or held about the Supplier by the OPA may be subject to disclosure by OPA in accordance with the requirements of FIPPA. 8.5 Disclosure of Information. Supplier consents to and waives all rights or claims to compensation of any kind in respect of use or disclosure by OPA or LDC to the Ministry of Energy and Infrastructure or any other Ontario government institution of information about the microFIT Supplier, the Supplier's electricity generation, pricing provisions and payments, generating capacity, electricity generation or other information about the Supplier for all program analysis, assessments, reporting, administrative, operational or planning purposes or for purposes of publicity or public awareness regarding the microFIT program or similar programs for alternative electricity generation, electricity conservation or electricity generating technology, use or operations. 8.6 Statement Copies. Supplier shall. at the request of OPA, provide OPA with copies of all settlement statements, invoices and all other correspondence between Supplier and LDC relating to the Facility and/or any Generation Payment and authorizes the OPA to request the same from LDC. page5/16 No amendment to or modification of this Contract shall be enforceable unless reduced to writing and executed by both Parties. 12. ASSIGNMENT The Supplier may assign its rights and obligations under this Agreement with the consent of the OPA, which shall not withhold its consent unreasonably. The Supplier may only assign its rights and obligations under this Agreement to another Eligible Participant. The OPA shall have the right to assign its rights and obligations under this Contract without the consent of the Supplier. 13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. page?/16 entitlements, benefits, and other proceeds arising from or related to the foregoing. For greater certainty, in the event that any governmental or non-governmental agency, whether provincial, federal, national or international in scope or authority, creates or sanctions a registry, trading system, credit, offset or other program relating to Environmental Attributes or their equivalent, the term "Environmental Attributes" shall include the rights or benefits created or sanctioned under any such program or programs to the extent available as a result of, or arising from the Facility. "Existing Generation Facility" means an electricity generating facility that is located and which is connected to the LDC distribution system. "Facility" has the meaning given to it in Section 2.1 of the Agreement. "FIT Price Schedule"means the schedule of prices established by the OPA from time to time, in its sole discretion, that will be used to determine the Contract Price for a FIT Contract, differentiated by Renewable Fuel, capacity and other factors as determined by the OPA. "FIT Program Facility"means any Renewable Generating Facility that is the subject of a contract or an application pursuant to the OPA's Renewable Energy Feed-In Tariff Program. "Generation Payment" has meaning given to it in Section 4.4 of the Contract. "Governmental Authority" means any federaL provincial, or municipal government, parliament or legislature, or any regulatory authority, agency, tribunal, commission, board or department of any such government, parliament or legislature, or any court or other law, regulation or rule-making entity, having jurisdiction in the relevant circumstances, including the Ontario Energy Board and the Electrical Safety Authority. "GST" means the goods and services tax exigible pursuant to the Excise Tax Act {Canada) or any successor thereto. "HST" means the harmonized sales tax exigible pursuant to the Excise Tax Act {Canada) or any successor thereto, including the "Harmonized Sales Tax" proposed in the March 26, 2009 Ontario Budget. "Incremental Project" means any change to an Existing Generation Facility which results in an increase in the installed capacity of the Existing Generation Facility. "Indexed Contract Price" has the meaning given to it in Section 4.3 of the Agreement. "Indirectly Connected" means a Facility which is connected to the LDC distribution system in an arrangement which is associated with a load customer or premises. "ITA" means the Income Tax Act {Canada). "kWh" means kilowatt-hour. "Laws and Regulations" means: a. applicable federal, provincial or municipal laws, orders-in-council, by-laws, codes, rules, policies, regulations and statutes; b. applicable orders, decisions, codes, judgments, injunctions, decrees, awards and writs of any court, tribunaL arbitrator, Governmental Authority or other person having jurisdiction; c. applicable rulings and conditions of any licence, permit, certificate, registration, authorization, consent and approval issued by a Governmental Authority; and d. the Retail Settlement Code and the Distribution System Code. page 9/16 page 11 I 16 where: a. some but not all aspects of the Designated Activity were performed in relation to the Facility; or b. the Supplier is unable to provide evidence satisfactory to the OPA, acting reasonably, that the Designated Activity was performed in relation to the Facility. 4.5 The "Domestic Content Level" in respect of a Facility shall be calculated, following the Connection Date, as the sum of the Qualifying Percentages allocated to such Facility in accordance with Section 2.1 of this Appendix C. 4.6 The Supplier must obtain a written confirmation from any equipment supplier or installer providing equipment or services contributing to the Domestic Content Level. confirming which components qualify as Designated Activities. 4.7 Within 10 Business Days of any request by the OPA, the Supplier shall provide written evidence satisfactory to the OPA, acting reasonably, confirming that the Facility has met the Minimum Required Domestic Content Level. Domestic Content Grid for Micro-Scale (:slO kW) Solar Photovoltaic Power Projects Designated Activity Qualifying Percentage 1. Silicon that has been used as input to solar photovoltaic cells manufactured 10% in an Ontario refinery. 2. Silicon ingots and wafer, where silicon ingots have been cast in Ontario, 12% and wafers have been cut from the casting by a saw in Ontario. 3. The crystalline silicon solar photovoltaic cells, where their active 10% photovoltaic layer(s) have been formed in Ontario. 4. Solar photovoltaic modules (i.e. panels). where the electrical connections 13% between the solar cells have been made in Ontario, and the solar photovoltaic module materials have been encapsulated in Ontario. 5. Inverter, where the assembly, final wiring and testing has been done in 9% Ontario. 6. Mounting systems, where the structural components of the fixed or moving 9% mounting systems, have been entirely machined or formed or cast in Ontario. lfhe metal for the structural components may not have been pre-machined outside Ontario other than peeling/roughing of the part for quality control purposes when it left the smelter or forge. The machining and assembly of the mounting system must entirely take place in Ontario (i.e. bending, welding, piercing, and bolting). 7. Wiring and electrical hardware that is not part of other Designated 10% !Activities (i.e. items 1-6 and 8 of this table). sourced from an Ontario Supplier. 8. All on-site and off-site labour and services. For greater certainty, this 27% Designated Activity shall apply in respect of all Facilities. rrotal 100% page 13/16 2.2 The Facility is (check one): !.I connected In Parallel. • connected In Series. 2.3 The Facility is (check one): !.I not connected to a battery back-up or supply system. • connected to a battery back-up or supply system and the back-up or supply system is not located upstream of the Facility's meter. For greater certainty, the following are acceptable battery configurations: If In Series, as follows. Faciity Load Customer D lstribution :system If In Parallel, as follows. LOaG;J Customer Facmy page 15/16 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3609 A BY -LAW to amend Bylaw 3361, to establish Development Charges for the Corporation of the Town oflillsonburg. WHEREAS The Town ofTillsonburg is desirous of amending By-Law 3361; NOW THEREFORE BE IT RESOLVED THAT the Coundl of The Corporation of the Town of TiDsonburg enacts as follows: THAT Section 13 to Bylaw 3361 be replaced and amended as follows: 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 the date that the first building permit is issued in relation to a building or structure on land to which a development charge applies. (2) Where development charges apply to land in relation to which a building permit is required, the building permit shall not be issued until the development charge has been paid in full. (3) Where development charges apply to land in relation to which a building permit is required for new residential construction for, single, row, townhome and semi-detached residential dwellings, the portion of the Tillsonburg Development Charges related to construction of Model Homes, shall be deferred until occupancy. This is up to the discretion of the Director of Development and Communication Services and/or the Chief Building Official, and is eligible for up to six model homes per development site per year. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 10th day of April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 10th day of April, 2012. MAYOR-John Less if CLERK-Donna Wilson 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3605 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the lOth day of April, 2012. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillson burg at its meeting held on April lOth, 2012, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary inthat 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 lOth DAY OF April, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS lOTH DAY OF April, 2012. Mayor-John Lessif Clerk -Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO. Date: April 10, 2012 RESOLUTION NO. 1 MOVED BY SECONDED BY RESOLVED THAT the Agenda as prepared for the Open Session of the Council Meeting of April 10, 2012, be adopted. ared 0 Recorded Vote Defeated D Deferred Tabled D D ~Mayor's Initials } COUNCIL RESOLUTION AGENDA ITEM NO. Date: April 10, 2012 RESOLUTION NO. 2 MOVED BY SECONDED BY RESOLVE THAT the Minutes of the Open Session Meeting of March 26, 2012, be approved. [J'ied D Recorded Vote Defeated D Deferred Tabled D D ~· Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 MOVED BY SECONDED BY RESOLVE THAT Council receive Report FIN12-024 Black and Gold Scholarship Trust Fund Payout Request. FURTHER RESOLVE THAT Council approves the payout of the Black and Gold Scholarship Fund in the amount of $15,900.12. [2?ied D Recorded Vote Defeated D Deferred Tabled D D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. Date: April 10, 2012 RESOLUTION NO. 4 MOVED BY SECONDED BY RESOLVE THAT Council receives report FIN12-023 OPP 201~PSU. \ tY.,· FURTHER RESOLVE THAT $14,268 be contributed to~e~er~ . ~ [ted D Recorded Vote Defeated D Deferred Tabled D D COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 RESOLUTION NO. 1')5 (/' MOVEDBY ~~~~~------nA~---v/ ---·----SECONDED BY RESOLVE THAT Council receive the Manulife Financial Grant Application; FURTHER RESOLVE THAT Council support the application to be submitted by the Lake Lisgar Revitalization Project Committee. 0 Recorded Vote Defeated D Deferred D Tabled D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. __ _ Date: April 10, 2012 ::::~U::ON NO. -----==!!!:~~--·-:~~~- SECONDED BY ~ -----=L_ RESOLVE THAT Council receive Report DCS 12-26 Additional Information Regarding the Lease of the Airport Kitchen; FURTHER RESOLVE THAT Council approve the lease of the kitchen and adjacent seating area in the Air Terminal Building to Michael Papaioannou for the period of April 21 to October 31, 2012, subject to the terms and conditions contained in this report; and, AND FURTHER RESOLVE THAT a bylaw be brought forward in this regard for Council consideration. ~ed ~ 0 Recorded Vote Defeated D Deferred Tabled D D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. Date: April 10, 2012 RESOLUTION NO. 7 MOVED BY SECONDED BY RESOLVE THAT Council receive Report DCS 12-23 Award of Airport Agricultural Land Tender; FURTHER RESOLVE THAT Council approve the lease of 337.8 acres of land at the Tillsonburg Regional Airport to Johan Verveer for a one year period and subject to the terms and conditions contained in this report; and, AND FURTHER RESOLVE THAT a bylaw be brought forward in this regard. 0 Recorded Vote Defeated D Deferred D Tabled D --~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 RESOLUTION NO. MOVED BY SECONDED BY RESOLVE THAT Council receives report 2012-25 Tillsonburg Development Charge Deferral. FURTHER RESOLVE THAT Council adopt the recommendations contained herein and that a by-law be brought forward for Council consideration to amend By-law 3361. [tied D Recorded Vote Defeated D Deferred Tabled D D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 RESOLUTION MOVED BY SECONDED BY RESOLVED THAT the name of the Quality of Life Committee be changed to Parks and Recreation Services Advisory Committee and that By-Law 3509 be amended accordingly. Carried [E] D Recorded Vote Defeated D De ferred Tabled D D COUNCIL RESOLUTION AGENDA ITEM NO. __ _ -~~ Date: April 10, 2012 RESOLUTION NO. MOVED BY SECONDED BY AND RESOLVE THAT By-Law 3603, To authorize the sale of lands on Quarter Town Line Road, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3603, 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. 0 Recorded Vote Defeated D Deferred D Tabled D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. Date: April 10, 2012 RESOLUTION NO (~· 0 MOVED BY _ _________E!__~ SECONDED BY RESOLVE THAT By-Law 3606, To Authorize an Agreement with Michael Papaioannou, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3606, 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. [ted 0 Recorded Vote Defeated D Deferred Tabled D D COUNCIL RESOLUTION AGENDA ITEM NO. __ _ Date: April 10, 2012 MOVED BY SECONDED BY RESOLVE THAT By-Law 3607, To Authorize an Agricultural Lease Agreement with Johan Verveer, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3607, 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. 0 Recorded Vote Defeated D Deferred D Tabled D ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 MOVED BY SECONDED BY RESOLVE THAT By-Law 3608, To Authorize an Amending Agreement with the Ontario Power Authority, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3608, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Recorded Vo t e Defeated D Deferred D Tabled D ~ayor 's I niti a l s COUNCIL RESOLUTION AGENDA ITEM NO. __ Date: April 10, 2012 MOVED BY 7 (/ffita SECONDED BY .2=2 -- RESOLVE THAT By-Law 3610, To Authorize an Agreement with Ontario Power Authority for Solar System at 20 Spruce St, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3610, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Recorded Vote Defeated D Deferred Tabled D D COUNCIL RESOLUTION AGENDA ITEM NO. __ _ Date: April 10, 2012 MOVED BY SECONDED BY AND RESOLVE THAT By-Law 3609, To amend By-Law 3361, to establish development charges for the Corporation of the Town of Tillsonburg, be read for a first and second time and this constitutes the first and second reading thereof. [ted 0 Recorded Vote Defeated D Deferred Tabled D D COUNCIL RESOLUTION AGENDA ITEM NO. ~ Date: RESOLUTION NO. ~~6 MOVED BY _ _____________: ~ ?1\ SECONDED BY ~ April 10, 2012 RESOLVE THAT By-Law 3605, To Confirm the Proceedings of the Council Meeting of April 10 2012, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3605, 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 g D Recorded Vote Defeated D Deferred Tabled D D Ms. Pat V anini Executive Director OFFICE OF THE MAYOR March 12, 2012 Association of Municipalities of Ontario 200 University A venue Suite 801 Toronto, Ontario M5H 3C6 Dear Ms. V anini: Re: City ofMississauga Telecommunication Tower/Antenna Facilities Interim Protocol The Council of the Corporation of the City of Mississauga at its meeting on March 7, 2012, adopted the enclosed Resolution 00046-2012 with respect to the City of Mississauga's interim telecommunication tower/antenna facilities protocol. I urge the Association of Municipalities of Ontario (AMO) to work with the municipalities across the Province of Ontario and wireless service providers to request that Hydro One reconsider its moratorium on the location of telecommunication antennas on existing hydro infrastructures. In the interim I would ask that AMO officials meet with City of Mississauga staff to discuss the growing need to have Hydro One change its practice. To facilitate this meeting contact Timothy Lee, Planner, Planning and Building, (905) 615-3200, ext. 3205 or by email at timothy.lee@mississauga.ca. On behalf of the members of Council, I ask that serious consideration be given to the requests outlined in the enclosed Resolution. I look forward to your favourable reply. HA EL McCALLION, C.M., LL.D. MAYOR ~~L~!~~!~~~~~~ THE CORPORATION OF THE CITY OF MISSISSAUGA 300 CITY CENTRE DRIVE, MISSISSAUGA, ON L5B 3C1 TEL: 905-896-5555 FAX: 905-896-5879 mayor@ mississauga.ca MISSISSAUCi\ RESOLUTION 0046-2012 adopted by the Council of The Corporation of the City of Mississauga at its meeting on March 7, 2012 0046-2012 Moved by: Pat Saito Seconded by: Katie Mahoney 1. That the Report dated March 5, 2012 from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol", be received for information. 2. That the revised "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol" attached as Appendix 2 in the Report dated March 5, 2012, from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol", be adopted as an interim protocol. 3. That the Report dated March 5, 2012, from the Commissioner of Planning and Building entitled "City of Mississauga Telecommunication Tower/Antenna Facilities Protocol" and resolution of Council be circulated to all Mississauga wireless service providers, local Members of Parliament and Ratepayer Associations in Mississauga. 4. That a fee of $2,500.00 be approved for the processing and consultation required for Telecommunications Tower/Antenna Facilities Request Forms and that the necessary amendment to the City's Fees and Charges By-law be brought forward to Council for consideration. 5. That a fee of up to $4,000.00 plus 15% administration fee be approved for the purposes of retaining a consultant, when and if required, to assist with the review and consultation required for Telecommunication Tower/Antenna Facilities requests and that the necessary amendment to the City's fees and Charges By- law be brought forward to Council for consideration. 6. That the Commissioner of Planning and Building report back on the effectiveness of the new process by December 31 , 2012. Page 1 of2