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THE CORPORATION OF THE TOWN OF LINCOLN
COUNCIL
A G E N D A December 5, 2016
7:00 p.m. Council Chambers
Page
1. CALL TO ORDER
2. NATIONAL ANTHEM
3. ROLL CALL
4. DECLARATIONS OF INTEREST
5. CONFIRMATION OF AGENDA
6. ADOPTION OF PREVIOUS COUNCIL MINUTES
(a) Minutes of Council's Regular Meeting of November 21, 2016.7. BUSINESS ARISING FROM THE MINUTES
8. MAYOR'S REPORT
9. REGIONAL COUNCILLOR'S REPORT
10. COUNCILLOR REPORTS
11. DELEGATIONS
(a) Brock University re: Overcoming the Urban-Rural Divide.(b) Brock University re: Fostering Community Engagement Through Landscape
Connectivity and Revitalization.(c) Brock University re: Landscape Considerations in Prudhommes
Development.(d) Watson and Associates Economists Ltd. re: Water and Wastewater Study.12. CORRESPONDENCE
3-6
7-15
16-27
28-3738-65
Page 1 of 91
Page
13. REPORTS
(a) Council Business Planning (Committee of the Whole), minutes of November23.
(b) Finance and Administration Committee, minutes of November 28.(c) Council Business Planning (Committee of the Whole), minutes of November
30.(d) Report No. AD 16-17, 2017 Budget.(e) 2017 Standing Committees.14. CONFIRMATION OF COMPLIANCE WITH S.34 OF THE PLANNING ACT
15. BY-LAWS
(a) No. 2016-78, To Authorize an Agreement with Fire Marque Inc. for FireDepartment Cost Recovery Services.
(b) No. 2016-79, A By-law to Delegate Certain Administrative Powers to the FireChief in Respect to the Operation of the Fire Department.
16. COUNCILLOR ENQUIRIES
17. NOTICE OF MOTION
18. ANNOUNCEMENTS
19. CLOSED SESSION
20. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
(a) No. 2016-80, To adopt, confirm and ratify matters dealt with by Councilresolution.
21. ADJOURNMENT
66-6768-71
72-7374-78
79-88
89-90
91
Page 2 of 91
Lincoln Chambers November 21, 2016
The Council of the Town of Lincoln met in regular session on November 21, 2016, at 7:00 p.m. in the Lincoln Chambers. Members Present: S. Easton Mayor T. Brunet Councillor R. Foster Councillor W. MacMillan Councillor P. MacPherson Councillor J. D. Pachereva Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Staff Present: M. Kirkopoulos Chief Administrative Officer C. Beatty Senior Communications Advisor K. Dale Director of Planning and Development A. Fyfe Director of Finance & Administration W. Kolasa Director of Corporate Services/Clerk Mayor Easton called the meeting to order at 7:00 p.m. All in attendance rose for the National Anthem. Following the National Anthem, there were no declarations of interest. Mayor Easton advised that two items of business were being added to the Reports section of the agenda regarding a Canada 150 Mosaic Theme and the Chief Administrative Officer’s annual appraisal and Council confirmed the order of business of the agenda as amended.
ADOPTION OF PREVIOUS COUNCIL MINUTES REGULAR COUNCIL, MINUTES OF NOVEMBER 8, 2016 Motion No. RC-2016-164 Moved by Councillor T. Brunet, Seconded by Councillor L. Timmers THAT the minutes of the November 8, 2016, Regular Meeting of Council, including the confidential addendum thereto, be adopted as circulated.
CARRIED EMERGENCY COUNCIL, MINUTES OF NOVEMBER 12, 2016 Motion No. RC-2016-165 Moved by Councillor L. Timmers, Seconded by Councillor T. Brunet THAT the minutes of the November 12, 2016, Emergency Meeting of Council, be adopted as circulated.
CARRIED
BUSINESS ARISING FROM THE MINUTES None.
MAYOR’S REPORT Mayor Easton advised of a number of items of municipal interest including information about the planting of tulips at various municipal facilities as part of the Town’s “Canada 150” celebrations, including the planting of 1,500 tulips at the Ceremonial Tulip Garden at Town Hall with the assistance of the 1st Beamsville Scouts on November 12, 2016.
REGIONAL COUNCILLOR’S REPORT Mayor Easton advised of a number of items of regional interest including a recent Regional Municipality of Niagara Corporate Services Committee Meeting where the committee considered an application to participate in the staging of the 2021 Canada Summer Games as well as a South Western Integrated Fibre Technology (SWIFT) initiative to build an ultra-high speed fibre optic network in Niagara, with an emphasis on improving high speed internet access for residents living in rural areas.
Page 3 of 91
Regular Council November 21, 2016
2
COUNCILLOR REPORTS
Members noted a number of items of municipal interest including an invitation that was extended to Members of Council to participate in a live streaming discussion of issues facing Niagara on the Jim Fannon Show on November 19, 2016, and an announcement that the Niagara Spartans indoor football team, of the newly-formed Can-Am Indoor Football League, would be making the Fleming Memorial Arena their new home. Members also received updates regarding the operations of the Beamsville Business Improvement Area, the Regional Municipality of Niagara’s Culture Committee and the Town’s Canada 150 Committee.
DELEGATIONS None.
CORRESPONDENCE None.
REPORTS COUNCIL BUSINESS PLANNING (COMMITTEE OF THE WHOLE), MINUTES OF NOVEMBER 9, 2016 Motion No. RC-2016-166 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT the minutes of the Council Business Planning (Committee of the Whole) meeting of November 9, 2016, be adopted and the recommendations contained therein be approved and acted upon.
CARRIED COUNCIL BUSINESS PLANNING (COMMITTEE OF THE WHOLE), MINUTES OF NOVEMBER 12, 2016 Motion No. RC-2016-167 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT the minutes of the Council Business Planning (Committee of the Whole) meeting of November 12 2016, be adopted and the recommendations contained therein be approved and acted upon.
CARRIED PUBLIC MEETING, MINUTES OF NOVEMBER 14, 2016 Motion No. RC-2016-168 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT the minutes of the Public Meeting of November 4, 2016, be received, as amended.
CARRIED ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE, MINUTES OF NOVEMBER 14, 2016 Motion No. RC-2016-169 Moved by Councillor R. Foster, Seconded by Councillor D. Thompson THAT the minutes of the Economic Development and Planning Committee meeting of November 14, 2016, including the confidential addendum thereto, be adopted and the recommendations contained therein be approved and acted upon.
CARRIED 2017 STANDING COMMITTEE CHAIRS Mayor Easton circulated documentation regarding a proposed Council governance structure for 2017 that included a proposal for the establishment of a new, standalone Economic Development Committee to be comprised of all Members of Council, a proposal for updated
Page 4 of 91
Regular Council November 21, 2016
3
membership for each Committee and a recommendation for the establishment of Chairs and Vice Chairs for each Committee. Mayor Easton also proposed that Council adopt a schedule for the rotation of the role of Deputy Mayor amongst all Members of Council for the remaining term of Council. Members considered the proposal put forward by the Mayor, recommended a number of amendments and directed that the matter be returned to the December 5, 2016 Meeting of Council for final ratification. INFORMATION UPDATE REPORT AD 16-16, CANADA 150 MOSAIC The Chief Administrative Officer introduced Information Update Report AD 16-16 detailing the Town’s participation in the Canada 150 Mosaic Project and advised that, following extensive public engagement and input, the Town will be pursuing a theme that building on Lincoln’s Centre of Excellence for Agriculture focus that would also incorporate elements such as grapes, fruit and flowers. CIRCULATION OF C.A.O. ANNUAL APPRAISAL DOCUMENTATION At this point in the meeting, the Mayor circulated an annual C.A.O. appraisal tool to Members of Council for return to the Mayor.
CONFIRMATION OF COMPLIANCE
None.
BY-LAWS Motion No. RC-2016-170 Moved by Councillor D. Thompson, Seconded by Councillor T. Brunet THAT leave be given to introduce the following by-law:
(a) No. 2016-75, a By-law to Authorize the Appointment of a Treasurer for the Town of Lincoln.
(b) No. 2016-76, a By-law to Authorize the Execution of a Contract between the City of Thorold and the Town of Lincoln regarding the AMPS Program.
CARRIED
Motion No. RC-2016-171 Moved by Councillor D. Rintjema, Seconded by Councillor P. MacPherson THAT By-law No. 2016-75, 2016-76, read a first time, be now read a second and third time and finally passed, and that the Mayor and Clerk sign and seal the said by-law.
CARRIED
COUNCIL ENQUIRIES
None.
NOTICE OF MOTION None.
ANNOUNCEMENTS None.
CLOSED SESSION At this point in the meeting the following motions were introduced: Motion No. RC-2016-172
Moved by Councillor P. MacPherson, Seconded by Councillor D. Rintjema THAT Council adjourn to closed session in order to address personal matters about
an identifiable individual, including municipal or local board employees (a matter pertaining to the Sport, Recreation and Culture Department).
CARRIED
Page 5 of 91
Regular Council November 21, 2016
4
Motion No. RC-2016-173 Moved by Councillor P. MacPherson, Seconded by Councillor D. Rintjema THAT Council resume in open session.
CARRIED Consideration of the subject matter in closed session concluded without direction or report.
BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL Motion No. RC-2016-174 Moved by Councillor W. MacMillan, Seconded by Councillor J. D. Pachereva THAT leave be given to introduce the following by-law:
a) No. 2016-77, To Adopt, Confirm and Ratify matters dealt with by Council resolution.
CARRIED Motion No. RC-2016-175 Moved by Councillor D. Thompson, Seconded by Councillor L. Timmers THAT By-law No. 2016-77, read a first time, be now read a second and third time and finally passed, and that the Mayor and Clerk sign and seal the said by-law.
CARRIED
ADJOURNMENT There being no further business to discuss, the Mayor declared the meeting adjourned at 9:50 p.m.
_____________________________________ MAYOR: SANDRA EASTON
_____________________________________ CLERK: WILLIAM J. KOLASA
Page 6 of 91
Overcoming the Urban-Rural DivideJessica Williams and Nicholas Fischer
Page 7 of 91
Introduction
• Issue of integration and participation
• Political Landscape
• Constriction on sprawl
• Physical Landscape
• Existing transportation routes
• Major land uses
Page 8 of 91
Issues Regarding Urban-Rural Integration
• Antiquated perceptions of rural life
• Underdeveloped
• Religious and traditional
• Romanticizing pastoral life
• Accessibility between landscapes
• Safe roadways
• Active Transportation Networks
Page 9 of 91
Why Recreational Development?
• Leisure integral to human well-being
• Means of diversion
• Mental and physical health benefits
• Active Transportation
• Higher degree of social integration
• Public participation in recreation services
• Cultural appreciation
Page 10 of 91
Proposed Solutions..
Bike Share Program
Comparable to N-O-T-L
Payment options
Case study
Size and location
Green Lanes
Different from bike lanes
Safety, leisure, accessible
Case study
Addressing connectivity gaps
Page 11 of 91
Proposed Docking Locations
• Twenty Valley Public School
• Vineland Foodland
• Ball’s Falls Conservation Area
• Jordan Village Merchant’s Association
(Google Maps Data, 2016)Page 12 of 91
Expected Outcomes
• Higher social integration
• Public health benefits
• Environmental benefits
• Boost in tourist economy
Page 13 of 91
Conclusions
• Integration of urban and rural
livelihoods in Jordan and
Vineland
• Improve participation in rural
businesses and life-worlds
• Re-introduce the importance of
recreational development
• Bridge social gaps in the
landscape
Page 14 of 91
Thank you!
Page 15 of 91
Fostering Community Engagement Through Landscape Connectivity and RevitalizationTasnuva Afreen, Ashton Govan, and Heather VanVolkenburg
Page 16 of 91
Landscape LocationTown of Lincoln (Niagara Region)Golden Horseshoe Estates East of Beamsville town core
Page 17 of 91
Golden Horseshoe Estates (GHE)Small CommunityDistance to Beamsville - 2.5 kmPatches of agricultural land Two main arterial routes
John Street Green Lane
Page 18 of 91
Landscape Disconnection
Page 19 of 91
Three main challenges
1. Safety
2. Disconnection
3. Vegetation (biodiversity)
Page 20 of 91
Safety Observations
CN Tracks
Rural Surroundings
No sidewalks/bikelanes
No streetlights
No 4-way stopPage 21 of 91
Ecological ObservationsVegetation of concern
At risk/invasives
Graded ditches
Soil erosion/flooding
Open empty fields
Buffers/Connections Southern Field Northern Field
Page 22 of 91
Our ProposalSafe, Walkable, Low Carbon… Sidewalk and/or bike lanes (John
Street) Four way stop (John Street and Saan
Road) Street Lights (John Street and Saan
Road)
Restore, Preserve… Enhance current buffer vegetation
(road) Implement tree planting/replacement
(greenspace)Page 23 of 91
Supported by Current Policy• OP supports the implementation of
active transportation within the town to advance in ‘on-road’ routes and support connectivity within town (Schedule D2,3 & OP, ch: 6).
• Buffers between used lands and natural features are great resource to enhance natural diversity and communities’ aesthetic values (Schedule, C2 & OP, Ch: 5)
Page 24 of 91
Schedule D3
Page 25 of 91
Transferability
Jordan Valley
Bomberry Park
Greenlane Road
Page 26 of 91
Thank youAny Questions?
Page 27 of 91
Prudhommes Development
Lydia Collas & Meghan Birbeck December 5th, 2016
Page 28 of 91
Lincoln, ON
Page 29 of 91
The Site
Page 30 of 91
Minimizing environmental impact
Increase density of the inner, yellow-shaded housing to leave this area as green space to create an adequate buffer zone to the lake
Increase housing density else where, to render this green space
Page 31 of 91
Waterfront Restoration
Page 32 of 91
Resilience climate change
Page 33 of 91
Maximizing the health and well-being
Page 34 of 91
Maximizing energy and water use
Page 35 of 91
Integrated with the local community
Page 36 of 91
Thank you
Page 37 of 91
Town of LincolnWater and Wastewater Rate Study
December 5, 2016Page 38 of 91
Study Purpose Identify all current and future water and
wastewater system capital needs;
Identify cost recovery options for capital;
Estimate future operating costs over the next 10 years; and
Recommend new rates to recover the cost of the water and wastewater systems.
1
Page 39 of 91
Areas of Discussion Legislation for Water and Wastewater; Existing and Forecasted Customers and
Volumes; Capital Needs and Financing; Lifecycle Costs (Existing Infrastructure); Operating Expenditures; Rates; Policy Matters; and Next Steps.
2
Page 40 of 91
Legislation for Water and WastewaterSince Walkerton, new legislation has been passed by the Province to enhance the provision of services. These include the following:
Safe Drinking Water Act; Sustainable Water and Sewage Systems Act; O.Reg. 453/07 - Safe Drinking Water Act; Clean Water Act; and Water Opportunities Act.
Further Requirements: Municipal Infrastructure Strategy
3
Page 41 of 91
Water Opportunities Act, 2010 The Act provides for the following elements:
Foster innovative water, wastewater and stormwater technologies, services and practices in the private and public sectors;
Prepare Water Conservation Plans to attain water conservation targets to be established by regulations; and
Prepare Sustainability Plans for Water, Wastewater and Stormwater Services.
4
Page 42 of 91
Water Opportunities Act, 2010 On November 29, 2010, Bill 72, The Water Opportunities
Act, 2010 received Royal Assent (note: only Regulation 40/11 - Water Technology Acceleration Project has been passed).
Part 3 of the Act provides for the preparation of sustainability plans:
The Act extends from the water financial plans and requires a more detailed review of the water financial plan and requires a full plan for wastewater and storm water services; and
Regulations will provide performance targets for each service –these targets may vary based on the jurisdiction of the regulated entity or the class of entity.
5
Page 43 of 91
Water Opportunities Act, 2010 The Financial Plan shall include:
An asset management plan for the physical infrastructure; A financial plan; For water, a conservation plan; An assessment of risks that may interfere with the future delivery
of the municipal service, including, if required by the regulations, the risks posed by climate change and a plan to deal with those risks; and
Strategies for maintaining and improving the municipal service to ensure future demand can be satisfied, consider technologies to improve the service and potential increased co-operation with other municipal service providers.
The rate study would provide inputs required to complete the Financial Plan required for licensing approval
6
Page 44 of 91
Present Rate Structure
7
1/2" 9.15 1/2" 9.21
5/8" to 3/4" 9.15 5/8" to 3/4" 9.21
1" 20.9 1" 21.06
1 ½" 30.21 1 ½" 30.43
2" 51.11 2" 51.48
2 ½" to 3" 74.34 2 ½" to 3" 74.88
4" 97.57 4" 98.28
6" 163.14 6" 164.34
Water Haulers (Monthly Base Charge) 43.07
9.556 per 1,000 gallons 11.32 per 1,000 gallons2.102 per m3 2.490 per m3
1/2" 18.36Wastewater Base
Charge(No Water)
18.36
5/8" to 3/4" 18.361" 41.96
1 ½" 60.642" 102.59
2 ½" to 3" 149.224" 195.856" 327.48
Town of Lincoln
2016 - Water Billing Rates
Town of Lincoln
2016 - Wastewater Billing Rates
Volume Charge
Base Charge - Quarterly Base Charge - Quarterly
Volume Charge
Town of Lincoln Town of Lincoln2016 - Water Billing Rates 2016 - Wastewater Billing Rates
Water Service Only - Quarterly Wastewater Service Only - Quarterly
Page 45 of 91
Customer Profile
8
Metered Water Wastewater1/2" 2 1
5/8" to 3/4" 5,896 5,442 1" 115 67
1 ½" 48 34 2" 98 60
2 ½" to 3" 10 7 4" 9 7 6" 3 3
Total 6,181 5,621
Metered Water WastewaterCommercial metered sewer N/A 1
WaterWater Haulers 45
Non-Metered Water Wastewater399 acct Beamsville South - Flat 1 1 Campden Flat Sewer (no water) - 99 199, 299 accts Beamsville North/Vineland/Jordan - Flat - 4 Total 1 104
Total Customers Water WastewaterMetered 6,181 5,622 Water Haulers 45 - Non-Metered (Flat) 1 104
Town of LincolnCustomer Profile
Page 46 of 91
Water (and Wastewater) Forecast Users and Billable Volumes
9
Have assumed an average of 175 m3 per customer for future flows.
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Existing 6,181 6,181 6,181 6,181 6,181 6,181 6,181 6,181 6,181 6,181 6,181 New - Growth 68 204 340 476 612 734 842 951 1,059 1,167 1,245 Total 6,249 6,385 6,521 6,657 6,793 6,915 7,023 7,132 7,240 7,348 7,426
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
MeteredExisting 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 1,883,677 New 11,900 35,700 59,500 83,300 107,100 128,450 147,394 166,338 185,281 204,225 217,919 Total Metered - Billable 1,895,577 1,919,377 1,943,177 1,966,977 1,990,777 2,012,127 2,031,071 2,050,015 2,068,958 2,087,902 2,101,596
Water Customer Forecast
Water Volume Forecast (m³)
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Existing 5,622 5,622 5,622 5,622 5,622 5,622 5,622 5,622 5,622 5,622 5,622 New - Growth 68 204 340 476 612 734 842 951 1,059 1,167 1,245 Total 5,690 5,826 5,962 6,098 6,234 6,356 6,464 6,573 6,681 6,789 6,867
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
MeteredExisting 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 1,364,475 New 11,900 35,700 59,500 83,300 107,100 128,450 147,394 166,338 185,281 204,225 217,919 Total Metered - Billable 1,376,375 1,400,175 1,423,975 1,447,775 1,471,575 1,492,925 1,511,869 1,530,813 1,549,756 1,568,700 1,582,394 Note: Above new flows are water flows on which the wastewater billing will be calculated
Wastewater Customer Forecast
Wastewater Flows Forecast (m³)
Customer = Household
Page 47 of 91
Capital Infrastructure Capital needs were developed by Town staff Works were identified based on 2016 and 2017
budgets, and 2017 to 2026 capital forecast and review of capital infrastructure replacement
Capital works were identified by Need; Timing; and Costs.
The following capital listing is provided – costs have been spread evenly over the forecast period
10
Page 48 of 91
Water Capital System Needs 2016 –2026 ($16.97 million - Uninflated)
11
Total Years Total Years2016 - 2026 Undertaken 2016 - 2026 Undertaken
Capital Expenditures Capital ExpendituresGreenlane Watermain Replacement 410,000 2016 Second Av Watermain Replacement 320,000 2020Drake Av & Neighbourhood Watermain Design 120,000 2016 Water Meter Replacement Phase 3 450,000 2020Fire Hydrant at Fifth Avenue Reservoir 40,000 2016 Lincoln Av Road Reconstruction (Oakwood to Greenlane) 420,000 2021
Vineland West Private Water System EA Study 80,000 2016 Bartlett Rd Watermain/Drainage Improvement Design (Union to Hinan) 40,000 2021
Fifth Av Reservoir Fire Hydrant Pump 200,000 2017 First Av Watermain Replacement 450,000 2021Bartlett Rd Watermain Replacement Design 40,000 2017 Greenlane Watermain Replacement Design (Victoria to 400m West) 20,000 2021Drake Av Neighbourhood Road Reconstruction 450,000 2017 Water Meter Replacement Phase 4 450,000 2021
Prudhommes Watermain Upgrade Design - development driven 300,000 2017 Bartlett Rd Asphalt Resurfacing & drainage improvements (CNR Tracks to South Service Rd) 350,000 2022
Victoria Av Watermain Replacement (Phase 3 - QEW Crossing) 1,200,000 2017 Greenlane Road Reconstruction (Lincoln to Cedarbrook) 250,000 2022
Vineland West Private Water System Upgrade 795,000 2017 Culp Rd Watermain Replacement Design (Twenty Third to Twenty First) 40,000 2022
Academy St Reconstruction (King to South Limit) 126,625 2018 Greenlane Watermain Replacement (Victoria to 400m West) 250,000 2022Twenty Third St Road Reconstruction Phase 1 (Culp to Menno) - development driven 95,000 2018
Twenty Third St Road Reconstruction Phase 2 (Culp to Menno) - development driven 200,000 2023
Friesen, Hartwood, Silverbirch, Stenzel, Cedarbrook & Greenmeadow Watermain Design 50,000 2018
Jordan Village Imp Phase 4 - Main St (Snure Lane to north urban road limit) 235,000 2023
King St Watermain Replacement (Mountainview to Durham) - regional road project 660,000 2018 Culp Rd Watermain Replacement (Twenty Third to Twenty First) 400,000 2023
Prudhommes Watermain Upgrade Construction - development driven (timing?) 3,720,000 2018 Fletcher Av and Davey Crt Watermain Replacement Design 40,000 2023
Second Av Watermain Design 25,000 2018 William St Watermain Replacement Design 50,000 2023Twenty Third St Reconstruction Design (Culp to Menno) - development driven 12,000 2018 Tallman Dr Reconstruction (Victoria to 23 Rd) 220,000 2024
Water Meter Replacement Phase 1 450,000 2018 William St Asphalt Resurfacing & Base Repairs (King to Elizabeth) 520,000 2024
Greenlane Road Design (Lincoln to Cedarbrook) 33,000 2019 Cherry Heights Blvd and Eastdale Dr Watermain Replacement Design 50,000 2024
Friesen Blvd Watermain Replacement and Road Resurfacing 180,000 2019 Fletcher Av and Davey Crt Watermain Replacement & Road Resurfacing 160,000 2024
Hartwood Av Watermain Replacement and Road Resurfacing 375,000 2019 Hinan Dr Watermain Abandonment (subject to Bartlett Rd watermain) 35,455 2024Second Av Watermain Design 25,000 2019 Lincoln Av Watermain Design (King to Elm) 25,000 2024
Silverbirch Lane Watermain Replacement and Road Resurfacing 210,000 2019 Cherry Heights Watermain Replacement and Road Surfacing (Cherry, Eastdale& Regent) 410,000 2025
Stenzel Court Watermain Replacement and Road Resurfacing 90,000 2019 Lincoln Av Watermain and Road Resurfacing (King to Elm) 225,000 2025
Water Meter Replacement Phase 2 450,000 2019 Lincoln Av Watermain Replacement and Road Resurfacing Design (Greenlane to SSR) 25,000 2025
Jordan Village Imp Phase 2 (Main St Village Sq, Snure Lane, 19th St Snure Lane to King St) 80,000 2020 Red Maple Av Road Reconstruction (Bridgeport to Jordan Rd) 250,000 2026
Cedarbrook Lane (Greenmeadow to Friesen) Watermain Replacement & Road Resurfacing 118,000 2020 Lincoln Av Watermain Replacement (Greenlane to SSR) 450,000 2026
First Av Watermain Design 35,000 2020 Menno, Church, Marlin Crt, Miller Watermain Replacement Design 40,000 2026Greenmeadow Blvd Watermain Replacement and Road Resurfacing 225,000 2020 Total Capital Expenditures 16,970,080
Description Description
Page 49 of 91
Wastewater Capital System Needs 2016–2026 ($4.46 million - Uninflated)
12
Total Years2016 - 2026 Undertaken
Capital ExpendituresBeamsville S/S Pipe Replacement Program 250,000 2016Drake Av Neighbourhood Road Reconstruction 600,000 2017Twenty Third St Road Reconstruction Phase 1 (Culp to Menno) - development driven 110,000 2018
Ontario St Sanitary Sewer Upgrade Design - development driven 50,000 2018South Service Rd Sanitary Sewer Ext. Design (west of Ontario) - development driven 40,000 2018
Twenty Third St Reconstruction Design (Culp to Menno) - development driven 12,000 2018
Ontario St Sanitary Sewer Upgrade 720,000 2019Sanitary Sewer Replacement/Resizing - development driven 300,000 2019South Service Rd Sanitary Sewer Ext. Construction (west of Ontario) - development driven 500,000 2019
Victoria Av Sanitary Sewer Design (Menno to Culp) - development driven 30,000 2019
Ontario St Combined Sewage Overflow Tank Assessment - subject to Baker Rd Study 45,000 2020
Ontario St Combined Sewage Overflow Tank - subject to Baker Rd Study 650,000 2021
Victoria Av Sanitary Sewer Replacement (Menno to Culp) - development driven 432,000 2021
Elizabeth St Road Reconstruction/Utilities (Mountain to Highland Park Dr) 307,000 2023
Twenty Third St Road Reconstruction Phase 2 (Culp to Menno) - development driven 225,000 2023
Rittenhouse Rd Road Reconstruction (King to Victoria) 193,483 2025Total Capital Expenditures 4,464,483
Description
Page 50 of 91
Capital Financing Options Reserves Debt Development Charges Grants Operating Budget Transfers (Funding
Reserves) Municipal Act (Part 12)
13
Page 51 of 91
Reserve Balances –December 31, 2015
14
Reserve Dec. 31 2015WaterCapital & Lifecycle Reserve 6,677,612 Development Charges Reserve Fund 671,639 Water Meter Replacement Reserve 67,500 Rate Stabilization Reserve 964,272 WastewaterCapital & Lifecycle Reserve 5,193,664 Development Charges Reserve Fund 57,196 Rate Stabilization Reserve 1,173,569
Town of LincolnReserve Summary
Page 52 of 91
Proposed Capital Financing Programs 2016–2026 (Inflated $)
15
Water Wastewater2016 - 2026 2016 - 2026
Capital FinancingProvincial/Federal Grants 1,224,000 18,000 Development Charges Reserve Fund 1,452,173 1,861,450 Non-Growth Related Debenture Requirements - - Growth Related Debenture Requirements 1,838,449 - Water Capital & Lifecycle Reserve 13,769,378 - Wastewater Capital & Lifecycle Reserve - 2,933,550 Total Capital Financing 18,284,000 4,813,000
Description
Page 53 of 91
Lifecycle Infrastructure Costs
16
The age of the water system dates back to the mid 1960’s;
The age of the wastewater system date back to the mid1960’s;
Total value of existing water infrastructure is $41.89 million;
Total value of existing wastewater infrastructure is $37.85 million;
This provides for a “per customer” investment by the Townof $6,779 for water and $6,732 for wastewater.
Page 54 of 91
Summary of Water and Wastewater Asset Inventory
17
Area Total Replacement ValueAmount included in
10 year forecastNet Replacement for
Future LifecycleAnnual Lifecycle
ReplacementWaterWater Facilities 1,555,157 - 1,555,157 91,387 Watermains 40,343,406 7,614,918 32,728,488 1,033,723 Total Water 41,898,563 7,614,918 34,283,645 1,125,110 WastewaterSanitary Sewers 37,846,663 1,599,299 36,247,365 1,085,568 Total Wastewater 37,846,663 1,599,299 36,247,365 1,085,568 Total 79,745,226 9,214,217 70,531,009 2,210,678 Investment per customer is $6,779 for water and $6,732 for wastewater
Town of Lincoln
Summary of Water and Wastewater Infrastructure
Page 55 of 91
Operating Budgets Operating expenditures are increasing over the forecast
to recognize: Inflationary Impacts
5% for Materials and Utilities 2% all other
Added Leak Abatement Program Reserve Contribution ($25,000 per year for Water and $25,000 per year for Wastewater) : To create and build a funding source to deal with residential issues
resulting from frozen/broken pipes, leaks within the property, one time goodwill/compassion adjustments and emergency adjustments (which caused the Town to write-off revenues in the past)
18
Page 56 of 91
Water Operating Budget
19
01,000,0002,000,0003,000,0004,000,0005,000,0006,000,0007,000,000
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Capital Related Operating Costs
Description 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Operating Costs 3,518,544 3,566,920 3,656,737 3,748,673 3,841,256 3,944,048 4,030,021 4,127,905 4,228,133 4,326,805
Capital Related* 1,079,817 1,226,596 1,470,146 1,518,610 1,576,886 1,658,030 1,773,581 1,906,901 2,073,111 2,266,160
Total 4,598,361 4,793,516 5,126,883 5,267,282 5,418,141 5,602,077 5,803,602 6,034,806 6,301,244 6,592,965
*Capital related includes transfers to reserves and annual growth related debt payments of $207,000 that are recovered via D.C.s
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Rate Structure - Water
20
Base Charges increase by 17.5% annually over the forecast period (2017-2026) in order to increase the recovery of Total Expenditures to 25% by 2026
Volume Rates to remain constant over the forecast period (2017-2026) at existing rates
Rates for Water only customers to be held constant from 2017 – 2021 and increasing from 2022 – 2026 to match all other water base charges
Flat Rate charge to increase by 2% annually over the forecast period (2017-2026)
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Wastewater Operating Budget
21
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Capital Related Operating Costs
Description 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Operating Costs 2,547,150 2,389,877 2,458,051 2,527,948 2,597,496 2,676,548 2,737,626 2,810,371 2,885,021 2,956,398
Capital Related* 1,089,153 1,355,015 1,406,501 1,467,875 1,536,585 1,604,882 1,709,484 1,824,046 1,962,205 2,116,529
Total 3,636,303 3,744,892 3,864,552 3,995,823 4,134,081 4,281,429 4,447,110 4,634,417 4,847,226 5,072,927
*Capital related includes transfers to reserves.Page 59 of 91
Rate Structure - Wastewater
22
Flat Rate charge to increase by 2% annually over the forecast period (2017-2026)
Metered Wastewater customer Base Charges to remain constant from 2017 – 2021, then increase to match all other Wastewater Base Charge rates (2022-2026)
Base Charges and Volume Rates are calculated based on two options:
1. Status quo uniform constant rate for entire year2. Vary constant rate for Low Season (September – May) vs.
High Season (June – August) For both options, the Base Charges will increase over the forecast
period (2017-2026) in order to recover 25% of Total Expenditures.
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Rate Structure – Wastewater Base Charge and Volume Options
23
1. Option 1 – Status Quo:a) Base Charge increases by 17.5% annually over the forecast period
(2017-2026) in order to increase the recovery of Total Expenditures to 25% by 2026
b) Volume rate remains constant throughout the year at $2.4901/m3 This option provides the Rate Stabilization reserve with a forecasted
balance of $8.24 million by 2026.
2. Option2 – Seasonal Structure:a) Base Charge increases by 16.5% annually over the forecast period
(2017-2026) in order to increase the recovery of Total Expenditures to 25% by 2026
b) High Season (June – August) - $1.8676/m3
c) Low Season (September – May) - $2.4901/m3 This option provides the Rate Stabilization reserve with a forecasted
balance of $4.75 million by 2026.
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Residential Rate Forecast and Average Total Bill (Based on 175m3 Annual Volumes) – Option 1 Status Quo
24
Description 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026Monthly Base Charge (1/2" to 3/4" Meter) $3.05 3.58$ 4.21$ 4.95$ 5.81$ 6.83$ 8.03$ 9.43$ 11.08$ 13.02$ 15.30$ Annual Base Charge Revenue 36.60$ 43.01$ 50.53$ 59.37$ 69.76$ 81.97$ 96.32$ 113.17$ 132.98$ 156.25$ 183.59$
Constant Volume Rate (m3) 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ Volume Rate Revenue (175 m3) 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ Total Annual Water Bill 404.45$ 410.86$ 418.38$ 427.22$ 437.61$ 449.82$ 464.17$ 481.02$ 500.83$ 524.10$ 551.44$
Average Annual Residential Water Bill (Based on volumes of 175m3)
Description 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026Monthly Base Charge (1/2" to 3/4" Meter) 3.07$ 3.61$ 4.24$ 4.98$ 5.85$ 6.88$ 8.08$ 9.49$ 11.15$ 13.11$ 15.40$ Annual Base Charge Revenue 36.84$ 43.29$ 50.86$ 59.76$ 70.22$ 82.51$ 96.95$ 113.92$ 133.85$ 157.28$ 184.80$
Constant Volume Rate (m3) 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ Volume Rate Revenue (175 m3) 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ 435.77$ Total Annual Watstewater Bill 472.61$ 479.05$ 486.63$ 495.53$ 505.99$ 518.28$ 532.72$ 549.68$ 569.62$ 593.04$ 620.57$ Total Bill (Water and Wastewater) 877.06$ 889.91$ 905.01$ 922.75$ 943.60$ 968.10$ 996.89$ 1,030.71$ 1,070.45$ 1,117.14$ 1,172.01$
Average Annual Residential Wastewater Bill (Based on volumes of 175 m3)
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Residential Rate Forecast and Average Total Bill (Based on 175m3 Annual Volumes) – Option 2 Seasonal Structure (Staff Recommended)
25
Description 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026Monthly Base Charge (1/2" to 3/4" Meter) $3.05 3.58$ 4.21$ 4.95$ 5.81$ 6.83$ 8.03$ 9.43$ 11.08$ 13.02$ 15.30$ Annual Base Charge Revenue 36.60$ 43.01$ 50.53$ 59.37$ 69.76$ 81.97$ 96.32$ 113.17$ 132.98$ 156.25$ 183.59$
Constant Volume Rate (m3) 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ 2.1020$ Volume Rate Revenue (175 m3) 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ 367.85$ Total Annual Water Bill 404.45$ 410.86$ 418.38$ 427.22$ 437.61$ 449.82$ 464.17$ 481.02$ 500.83$ 524.10$ 551.44$
Average Annual Residential Water Bill (Based on volumes of 175m3)
Description 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026Monthly Base Charge (1/2" to 3/4" Meter) 3.07$ $3.58 4.17$ 4.85$ 5.66$ 6.59$ 7.68$ 8.94$ 10.42$ 12.14$ 14.14$ Annual Base Charge Revenue 36.84$ 42.92$ 50.00$ 58.25$ 67.86$ 79.06$ 92.10$ 107.30$ 125.00$ 145.63$ 169.66$
Low Season Volume Rate -$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ 2.4901$ Low Season Volumes (70% of 175m3) - 122.27 122.27 122.27 122.27 122.27 122.27 122.27 122.27 122.27 122.27 Low Season Volume Rate Revenue -$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ 304.45$ High Season Volume Rate -$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ 1.8676$ High SeasonVolumes (30% of 175m3) - 52.73 52.73 52.73 52.73 52.73 52.73 52.73 52.73 52.73 52.73 High Season Volume Rate Revenue -$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ 98.49$ Total Winter and Summer Volume Revenue -$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ 402.94$ Total Annual Wastewater Bill -$ 445.86$ 452.94$ 461.19$ 470.80$ 482.00$ 495.04$ 510.24$ 527.94$ 548.57$ 572.60$ Total Bill (Water and Wastewater) -$ 856.71$ 871.32$ 888.41$ 908.41$ 931.82$ 959.21$ 991.26$ 1,028.77$ 1,072.67$ 1,124.04$
Average Annual Residential Wastewater Bill (Based on volumes of 175 m3)
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Comparison of Residential Annual Water and Wastewater Bill (based on 175 m3)
26
Municipality Water Wastewater Total RankFort Erie 528.59$ 732.63$ 1,261.22$ 1Port Colborne 543.33$ 601.84$ 1,145.17$ 2Welland 439.18$ 629.03$ 1,068.21$ 3Niagara on the Lake 501.00$ 461.58$ 962.57$ 4Grimsby* 476.37$ 483.58$ 959.95$ 5West Lincoln 334.67$ 560.27$ 894.94$ 6Lincoln (Proposed) (2017) - Status Quo 410.86$ 479.05$ 889.91$ 7Niagara Falls 419.83$ 463.46$ 883.28$ 8Lincoln (Current) (2016) 404.45$ 472.61$ 877.06$ 9Thorold 407.38$ 460.36$ 867.73$ 10Lincoln (Proposed) (2017) - Seasonal Structure 410.86$ 445.86$ 856.71$ 11St. Catharines 359.83$ 406.55$ 766.38$ 12Pelham 366.05$ 317.62$ 683.68$ 13*Grimsby Wastewater bill based on Tax levy of 0.153331% using an assumed assessment value of $315,380
Survey of Annual Residential Water and Wastewater BillBased on 175 Cubic Metres of Consumption
As at November 30, 2016
Town of Lincoln
5/8" or 3/4" Meter
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Matters for Council’s Consideration1. Consider the Capital Program;2. Consider the Operating Program;3. Consider the Proposed Water Rates; and4. Consider the Proposed Wastewater Rates.
27
Page 65 of 91
Lincoln Chambers November 23, 2016
The Council Business Planning (Committee of the Whole) of the Town of Lincoln met in regular session on November 23, 2016, at 7:00 p.m. in the Lincoln Chambers. Members Present: R. Foster Chair T. Brunet Councillor S. Easton Mayor W. MacMillan Councillor P. MacPherson Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Regrets: J. D. Pachereva Councillor Staff Present: M. Kirkopoulos Chief Administrative Officer C. Beatty Senior Communications Advisor B. Blake Deputy Fire Chief J. Brown IT Coordinator A. Cifani Deputy Director of Finance B. Culp District Fire Chief K. Dale Director of Planning and Development A. Fyfe Director of Finance D. Graham Director of Public Works G. Hudson Fire Chief J. Nicholson CEO, Lincoln Public Library R. Potter Manager of Revenue W. Kolasa Director of Corporate Services/Clerk Chair Foster called the meeting to order at 7:00 p.m. There were no declarations of interest and Committee confirmed the order of business detailed in the agenda.
REPORTS 2017 OPERATING BUDGET INTRODUCTION The Chief Administrative Officer and the Treasurer presented an overview of the draft Town of Lincoln Operating Budget for the 2017 fiscal year and detailed:
• An overview of the Town’s operations; • A review of the guiding principles utilized in the development of the budget including
ensuring alignment with Council priorities, meeting regulatory and legislative requirements, addressing service delivery levels as described by Council and the senior management team, ensuring appropriate investment in basic services and maintaining a cost-conscious approach to operations;
• Components of an operating budget and impacts of assessment growth; • An overview of proposed revenues and expenditures, including a review of
expenditures by object; and • A summary of the 2017 Budget Focus.
At this point in the meeting, the C.A.O. undertook a review of departmental business drivers, trends and metrics and reviewed how the staff were proposing to do business differently in the future including:
• Exploring alternative funding opportunities; • Improving customer service in areas such as communications, in-house by-law
enforcement services and improved online services; • Innovation including community partnerships, right-sizing projects and new
infrastructure management and safety programs; • Implementing continuous improvement strategies; and • Introducing technological enhancements.
The C.A.O. then highlighted numerous budget pressures facing the municipality including challenges in maintaining service delivery levels, efforts required in prioritizing various projects, studies and plans, and attention required in addressing changing legislation and the associated regulatory implications.
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Council Business Planning (COW) November 23, 2016
2
The C.A.O. then detailed the 2017 key budget items resulting in a levy increase and presented a draft scenario that proposed an overall Town portion tax levy increase of 8.92% (Blended Rate of 3.29%). The C.A.O. also detailed the household implications of such a tax levy on a daily, weekly, monthly and yearly basis. 2017 LINCOLN PUBLIC LIBRARY BUDGET PRESENTATION Ms. Jill Nicholson, Chief Executive Officer of the Town of Lincoln Public Library Board, and Mr. John Kralt, Chair of the Board, addressed Committee to provide information regarding the 2016 operations of the Town of Lincoln Public Libraries, challenges facing the Board at each of its two branches and opportunities for the Board in the future. The Library Board representatives also detailed some of the highlights of the proposed 2017 budget. 2017 OPERATING BUDGET Members considered the information presented by staff, recognized the merits of considering sustainability, returns on investments, metrics and value for money when evaluating proposed budgets and also identified next steps in the budget review process. At this point in the meeting, Committee provided direction to staff to:
• Develop alternative draft scenarios detailing possible options for tax levy reductions; and
• Provide additional information regarding a variety of matters. Members also noted that a more thorough review of the draft budget would be undertaken at the November 20, 2016, Council Business Planning (Committee of the Whole) and that future deliberations would also be required on the Town’s Water and Wastewater Budgets and Rates.
CLOSED SESSION
None.
ADJOURNMENT There being no further business to discuss, the Mayor declared the meeting adjourned at 9:45 p.m.
_____________________________________ CHAIR: ROB FOSTER
_____________________________________ CLERK: WILLIAM J. KOLASA
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Lincoln Chambers November 28, 2016
The Finance and Administration Committee of the Town of Lincoln met in regular session on November 28, 2016, at 7:00 p.m. in the Lincoln Chambers. Members Present: D. Rintjema Councillor (Chair) S. Easton Mayor R. Foster Councillor J. D. Pachereva Councillor D. Thompson Councillor Staff Present: M. Kirkopoulos Chief Administrative Officer C. Beatty Senior Communications Manager A. Cifani Deputy Director of Finance G. Dal Bianco Deputy Clerk K. Dale Director of Planning & Development A. Fyfe Director of Finance and Administration W. Kolasa Director of Corporate Services/Clerk Chair Rintjema called the meeting to order at 7:00pm. There were no declarations of interest. The Committee confirmed the order of business detailed in the agenda including consideration an item of correspondence received November 28, 2016, from Larry Bilkszto regarding Report PL 16-56.
DELEGATIONS JOINT ACCESSIBLITY ADVISORY COMMITTEE RE: 2016 UPDATE Joint Accessibility Advisory Committee (JAAC) members Gordana Mosher, Connie Groves and Stephen Barker reviewed the operations of the Committee in 2016 and provided information on a new JAAC social media campaign, a JAAC site plan review check list and commended the Town’s efforts in eliminating accessibility barriers at the municipal facilities including Town Hall and the Fleming Centre. Members of the JAAC concluded their presentation by presenting each Member of Committee with a copy of the Town’s self-directed accessible customer service training module. Members confirmed the Town’s continued support for the JAAC and encouraged that the organization make use of the Town’s new courtesy flag pole for the promotion of accessibility initiatives, including the International Day of Persons with Disabilities on December 3rd . ST. HELEN CHURCH BUILDING COMMITTEE RE: REQUEST FOR RELIEF FROM APPLICATION FEES The delegation did not attend.
CORRESPONDENCE
CS 16-31 SUMMARY OF CORRESPONDENCE REPORT Members reviewed Report CS 16-31 and requested further information regarding Bill 9, the End Age Discrimination Against Stroke Recovery Patients Act, 2016, and Bill C-274 regarding the tax implications of selling small business, family farm or fishing operations. Motion No. FA-2016-80 Moved by Councillor D. Thompson, Seconded by Councillor J. D. Pachereva
THAT Report CS 16-31, the summary of correspondence report, be adopted, and the
recommendations contained therein be approved and acted upon. CARRIED
REPORTS
PL 16-56 – TWO REQUESTS FOR RELIEF OF APPLICATION FEES (ST. HELEN CHURCH, LARRY BILKSZTO) The Director of Planning and Development reviewed the user pay philosophy of planning application fees and provided a summary of each request for relief of recent consent application fees. At this point in the meeting, Members considered the purpose and intent of Council’s discretionary grants account for providing financial aid to benevolent community
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Finance and Administration Committee November 28, 2016
2
organizations and directed that, should the discretionary grant account have a remaining balance at year end, staff issue a grant to St. Helen Church to offset consent application fees as outlined in PL 16-56. Motion No. FA-2016-81 Moved by Councillor R. Foster, Seconded by Mayor S. Easton
THAT Report PL 16-56 regarding two requests for relief of application fees be received as information; AND THAT the requests for relief of application fees be denied for the reasons outlined in Report PL 16-56.
CARRIED
STAFF PRESENTATION RE: PROPOSED ROAD ALLOWANCE CLOSING AND SALE APPLICATIONS (FALLIS, MCKINNEY, CAVE SPRING VINEYARDS LTD., THIESSEN AND SHELTON). The Chief Administrative Officer (C.A.O.) and the Director of Corporate Services provided a PowerPoint presentation outlining details of the November 16, 2016, site visits whereby members of the Senior Management Team toured each road allowance closure and sale application location. The presentation provided an overview of the key features of each area including topography, historical encroachments, abutting land uses and natural site constraints to trail development. Members debated the appropriateness of Council separating the issue of deciding whether or not a road allowance is surplus to the current and future needs of the community; from the potential monetary value generated from the sale of the road allowance and directed staff to review such matters in separate reports. CS 16-32 APPLICATION FOR ROAD ALLOWANCE CLOSURE AND CONVEYANCE (1882924 ONTARIO LTD.) Members considered Report CS 16-32, the history of the previous road allowance closures in the area, the legal status of Zimmermann Road south of Locust Lane and the effect of the sale of this section of road allowance on the Bruce Trail. Members requested that further information be provided before forwarding the application to the Town’s solicitor for further due diligence review and circulation to external agencies for comments. Motion No. FA-2016-82 Moved by Councillor J. D. Pachereva, Seconded by Councillor D. Thompson
THAT Report CS 16-32, regarding an Application for the Closing and Conveyance of
the road allowance between Lots 19 and 20, Concession 5, in the former Township of Clinton, be received as information.
CARRIED CS 16-33 APPLICATION FOR ROAD ALLOWANCE CLOSURE AND CONVEYANCE (JOHN KOCSIS) Members considered Report CS 16-33, the history of the previous road allowance closures in the area, the encroachment of the applicant’s driveway onto the municipal road allowance, the requirement for the creation of an easement and the planning issues related to the conversion of the adjacent agricultural building for retail winery use. Members requested that further information be provided before forwarding the application to the Town’s solicitor for further due diligence review and circulation to external agencies for comments. Motion No. FA-2016-83 Moved by Mayor S. Easton, Seconded by Councillor R. Foster
THAT Report CS 16-33, regarding an Application for the Closing and Conveyance of the road allowance between Broken Front and Concession 1, Lot 12, former Township of Clinton, be received as information.
CARRIED
FD 16-19 RECOVERY OF FIRE DEPARTMENT COSTS FROM INSURANCE COMPANIES The Deputy Fire Chief reviewed Report FD 16-19 and outlined details of a fire department cost recovery initiative with Fire Marque Inc. In response to questions from Members, the Deputy Fire Chief confirmed that the program is limited to the recovery of fire department
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Finance and Administration Committee November 28, 2016
3
expenses from insurance companies only and not the property owners. The following motion resulted. Motion No. FA-2016-84 Moved by Councillor J. D. Pachereva , Seconded by Councillor D. Thompson
THAT report FD 16-19 be received for information.
AND THAT Council enact a by-law to authorize the Mayor and Clerk to enter into an agreement with Fire Marque Inc. to provide fire department cost recovery services and to amend the Town Fees and Charges By-Law to authorize the recovery of fire department expenses from insurance companies.
CARRIED
FD 16-20 COUNCIL DELEGATION OF ADMINISTRATIVE POWERS TO FIRE CHIEF The Deputy Fire Chief reviewed Report FD 16-20 and outlined areas of efficiency which could be realized for routine operational matters by the delegation of some administrative powers to the Fire Chief. Consideration concluded as follows. Motion No. FA-2016-85 Moved by Mayor S. Easton, Seconded by Councillor R. Foster
THAT report FD 16-20 be received for information. AND THAT Council enact a by-law to delegate certain administrative powers to the Fire Chief in respect of the operation of the Fire Department.
CARRIED
CS 16-34 PROGRESS ON 2013-2017 MULTI-YEAR ACCESSIBILITY PLAN Members reviewed Report CS 16-34 detailing progress on the implementation of the Town of Lincoln’s 2013-2017 Multi-Year Accessibility Plan and recommending continued participation with the Joint Accessibility Advisory Committee. The Director of Corporate Services provided an overview of a training session on accessible customer service recently provided to the Town’s Extended Management Team and advised that the self-directed training module will be provided to all employees and persons doing business on behalf of the Corporation. Consideration concluded with the introduction of the following motion. Motion No. FA-2016-86 Moved by Councillor D. Thompson, Seconded by Councillor J. D. Pachereva
THAT Report CS 16-34 regarding progress on the Town of Lincoln’s 2013-2017 Multi-Year Accessibility Plan be received;
AND THAT the Town continue to participate as a member of the Joint Accessibility Advisory Committee at an annual cost of $10,000, in co-operation with the municipalities of Grimsby, Niagara-on-the-Lake, Pelham, Thorold and West Lincoln subject to 2017 Budget deliberations.
CARRIED
COUNCILLOR ENQUIRIES
None.
NOTICE OF MOTION
None.
ANNOUNCEMENTS
None.
CLOSED SESSION None.
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Finance and Administration Committee November 28, 2016
4
ADJOURNMENT
There being no further business to discuss, the Chair declared the meeting adjourned at 9:40 p.m.
_____________________________________ CHAIR: DIANNE RINTJEMA
_____________________________________ CLERK: WILLIAM J. KOLASA
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Lincoln Chambers November 30, 2016
The Council Business Planning (Committee of the Whole) of the Town of Lincoln met in regular session on November 30, 2016, at 7:00 p.m. in the Lincoln Chambers. Members Present: R. Foster Councillor T. Brunet Councillor S. Easton Mayor P. MacPherson Councillor J. D. Pachereva Councillor D. Rintjema Councillor D. Thompson Councillor L. Timmers Councillor Regrets: W. MacMillan Councillor Staff Present: M. Kirkopoulos Chief Administrative Officer C. Beattie Senior Communications Advisor B. Blake Deputy Fire Chief J. Brown IT Coordinator A. Cifani Deputy Director of Finance B. Culp District Fire Chief K. Dale Director of Planning and Development A. Fyfe Director of Finance D. Graham Director of Public Works J. Nicholson CEO, Lincoln Public Library R. Potter Manager of Revenue W. Kolasa Director of Corporate Services/Clerk Chair Foster called the meeting to order at 7:00 p.m. There were no declarations of interest and Council confirmed the order of business detailed in the agenda.
REPORTS 2017 OPERATING BUDGET The Chief Administrative Officer, the Director of Finance and Administration and the Treasurer provided an overview of Council’s budget process to date and reviewed the guiding principles and the focus of staff in developing a budget responsive to, and supporting, Council’s priorities for the municipality. The Chief Administrative Officer reviewed a series of information reports addressing a number of inquiries made by Members at the Council Business Planning (Committee of the Whole) meeting of November 23, 2016, addressing:
• Library IT Funding; • Road Program Reserve Trending; • Special Capital Levy Considerations; • Tax Rate Affordability; • Operating Budget Background Information; • Human Resources Metrics; • Cemetery Trust Funds; and • Rate Stabilization Balance.
The C.A.O. also provided information regarding subsequent inquiries from Members regarding the Town’s proposed 2017 road program, the status of the municipality’s reserves and reserve funds and long-term debt projections to 2027. At this point in the meeting, the C.A.O. provided an overview of the status of the current draft budget, which began at 8.92% Town portion (Blended Rate of 3.29%), reviewed municipally controllable and uncontrollable expenditure items and outlined key budget drivers for 2017 on a department by department basis. The CAO then detailed the 2017 key budget items resulting in a levy increase and reviewed the special infrastructure levy. Following the base operating budget increases presentation, the C.A.O. also presented Council with individual business cases supporting proposed additions to the Town’s staffing complement. The C.A.O described the fullsome exercise undertaken by senior management to determine critical Town needs from an operational staffing perspective.
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Council Business Planning (COW) November 30, 2016
2
The C.A.O. also highlighted the alternatives that were reviewed as part of the senior management review that included efforts to find dollars within existing budgets or repurposing positions. The business cases included:
• Outline of core functions; • Role in achieving outcomes related to Council priorities/work plan items; • Service delivery requirements – regulatory or legislative; • External funding sources; and • Role in revenue generation.
One non-levy impact position was highlighted as per a previous Public Works Report and direction (Water Compliance) from the Town’s Infrastructure Committee. Four positions to be funded by the tax levy were then presented. These included, with business cases: Sport, Recreation and Culture Management role, Economic Development Officer, Legislative Coordinator and an Emergency Management and Regulatory Coordinator. The C.A.O also spoke about the need to look at project management but advised that he would update Council further, as required, as he continues to examine organizational needs. Following that overview, the C.A.O. presented Members with three new budget scenarios for consideration detailing both the specific Town of Lincoln tax levy impacts and projected blended tax rate impacts on residents utilizing estimated Regional and School Board taxation requisitions. Members considered the information presented by C.A.O., obtained clarification regarding the proposed staffing positions, considered the need for solid metrics and performance measurements related to municipal operations and evaluated the implications of the budget scenario options presented by the C.A.O. Deliberations concluded with direction to:
1. Adjust the library board capital budget to reflect potential cost savings of the Lincoln Public Library and the Town of Lincoln sharing I.T. resources;
2. Including the application of development charges reserve contributions to offset the Public Library Board tax levy requirement; and
3. Proceed with the preparation of a final draft 2017 Budget based on Budget Scenario No. 3 (7.64% Town portion, Blended Rate: 2.93%) which was recommended by the CAO.
Notwithstanding this, the CAO concluded that there may be some additional questions or adjustments that Council may want to make and could do so at the December 5, 2016, meeting of Council. At this point in the meeting, Members received information that the final element of the 2017 Budget to be considered by Committee was 2017 Water and Wastewater Rates and that a presentation by Watson & Associates Economists Ltd. would be forthcoming at the Council Meeting of December 5, 2016. Members noted that final consideration of the Water and Wastewater Rates and the final draft budget could then be approved at the Council Business Planning (Committee of the Whole) Meeting scheduled for December 13, 2016, with potential official ratification of the budget by Council at its meeting of December 19, 2016.
CLOSED SESSION
None.
ADJOURNMENT There being no further business to discuss, the Chair declared the meeting adjourned at 9:55 p.m.
_____________________________________ CHAIR: ROB FOSTER
_____________________________________ CLERK: WILLIAM J. KOLASA
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Chief Administrative Officers (CAO’s) Office
RECOMMENDATION:
1. That Report No. AD 16-17, regarding the 2017 Budget, be received; and
2. That Council APPROVE in principle the information contained within and refer this Report and the Operating and Capital Levy Budgets, subject to any changes made on December 5, 2016, to the Council Business Planning (Committee of the Whole) Budget Meeting on December 13, 2016 for final approval; and
3. That the final Operating and Capital Budgets then be considered together with the Water/Wastewater Rate Budget for final Council ratification on December 19, 2016.
EXECUTIVE SUMMARY:
The report includes an overview of the budget presented to date, including budget guiding principles.
Capital Overview was the first to occur during two meetings on November 4 and November 9, 2016.
During the Capital Sessions staff presented the need to examine a special Infrastructure Levy which was referred to the operating budget and final deliberations.
Through two operating budget planning sessions, Council has been presented with various tax levy scenarios, starting with a tax increase of 8.9% for the Town’s portion (anticipated blended rate 3.29%) on November 23, 2016, to the most recent scenario of 7.64% (anticipated blended rate 2.93%) on November 30, 2016
Drivers for the 2017 tax levy increase include municipally controllable and uncontrollable expenditure items
Deliberations on November 30, 2016, concluded with direction to:
TO:
Council
MEETING DATE:
December 5, 2016
SUBJECT / REPORT NO:
2017 Budget – Departmental Report No AD 16-17
PREPARED BY:
Mike Kirkopoulos Chief Administrative Officer (CAO), ext. 268
SUBMITTED BY:
Mike Kirkopoulos, CAO
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PAGE 2
1. Adjust the library board capital budget to reflect potential cost savings of the Lincoln Public Library and the Town of Lincoln sharing I.T. resources;
2. Including the application of development charges reserve contributions to offset the Public Library Board tax levy requirement;
3. Proceed with the preparation of a final draft 2017 Budget based on Budget Scenario No. 3 (7.64% Town portion, anticipated blended rate: 2.93%) which was recommended by the CAO for Council consideration on December 5, 2016.
Alternatives for Consideration None.
HISTORICAL BACKGROUND:
Staff and Council began budget planning preparations in July, 2016.
2017 draft capital and operating budget documents to date include the following:
2017 Operating Budget (Nov. 30, 2016) o Information Updates:
Library IT Funding Road Program Reserve Trending Special Capital Levy Considerations Tax Rate Affordability Operating Budget Background Information Human Resources Metrics Cemetery Trust Funds Rate Stabilization Balance
2017 Operating Budget (Nov. 23, 2016) 2017 Operating Budget (Nov. 18, 2016) First Capital Budget Presentation (Nov. 9, 2016) 2017 Capital Budget (Nov. 4, 2016) 2017 Budget Planning Presentation (July 25, 2016)
FINANCIAL – STAFFING – LEGAL CONSIDERATIONS: Financial: n/a Staffing: n/a Legal: n/a RELEVANT CONSULTATION:
Public consultation was solicited as part of the budget planning through two public meetings (September 21 and 22, 2016), an online survey, and social media. A total of 92 people completed the online survey, 12 residents attended the public meetings, and nine people provided narrative via social media. Also, through Twitter staff were able to
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http://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Operating%20Budget_Nov%2030_FINAL.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Information%20Update%20-%20Library%20IT%20Funding.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Road%20Program%20Reserve%20Continuity.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Finance%20Update%20-%20Special%20Levy.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Tax%20Rate%20Affordability.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Budget%20Update.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/HR%20Metrics%20Report%20Nov%202016.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Cemetery%20Trust%20Update.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Rate%20Stabilization.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Operating%20Budget_Nov%2023%20FINAL.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Finance/2017-Operating%20Budget%20%28agenda-website%29.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Finance/2017%20Capital%20Budget%20Final%20Presentation.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/Capital%20Budget%20Package%20-%20Draft%20-%202017%20%28compressed%29_0.pdfhttp://www.lincoln.ca/sites/lincoln.civicwebcms.com/files/media/2017%20Budget%20Planning%20Presentation%20%2825-07-16%29.pdf
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measure tweets, impressions and engagements with the survey and the message itself resulting in over 6,190 impressions and 691 engagements.
Council Business Planning sessions are open to the public and members of the community may request a delegation to Council at these meetings.
STAFF COMMENTS: In the development of this budget, the Town has tried to address Council’s approved priorities, while at the same time demonstrating regard for taxpayer affordability. While aligning with Council’s priorities, this budget looks to:
Invest in hard and soft infrastructure Meet our legislative obligations Absorb inflationary pressures A desire to invest in “the basics” – services
Through two operating budget planning sessions, Council has been presented with various tax levy scenarios, starting with a tax increase of 8.9% for the Town’s portion (anticipated blended rate 3.29%) on November 23, 2016, to the most recent scenario of 7.64% (anticipated blended rate 2.93%) on November 30, 2016. Of the tax levy increase approximately 4.65% is driven by municipally controllable and uncontrollable expenditure items. Note, this percentage is without additional considerations for FTE’s, Council referred items and Special Infrastructure Levy. These drivers include:
Uncontrollable: • 1.5% negotiated collective agreement salary adjustment; • Wage progression through grid; • Inflationary increases:
• 2016 Inflation was 1.6%; • 2017 anticipated inflation of 2.3% (Bank of Canada); • Cost of construction is going up (bids/tenders); • Carrying costs for previously acquired debt;
• Utility increases ~ $64,000; • This would have been considerably higher but we are seeing offset with
Council approved LED Program;
Within control: • Increase for materials in operations (parks, cemeteries, beautification) • Professional services (consulting for master plans, other plans, Transit
Pilot Project, wayfinding signage) The remainder can be accounted for with:
• Special Infrastructure Levy of 1% (long-term sustainability); • Full Time Equivalents (FTEs) of 1.96% (required for operational and
legislative obligations);
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• Others: 0.76% (Canada 150 and associations).
The FTE requests for this budget were determined by the senior management team based in critical needs from an operational staffing perspective. Alternatives were reviewed as well as efforts to find dollars within existing budget or repurposing positions. Council was provided with business cases for each of the FTE requests and included:
Outline of core functions; Role in achieving outcomes related to Council priorities/work plan items; Service delivery requirements – regulatory or legislative; External funding sources; Role in revenue generation.
The FTE business cases consisted of two streams to include no impact to the levy and impact to the levy. The no levy impact conversation focused on seeking approval for a Water Compliance Officer as per previous PW Report 16-29. The CAO also spoke about a project management role required in SRC at a future date, but suggested that he would be reporting back through committee as to roll out and financing if required and look to address internally. Council was presented business cases for four levy impact positions. This request totaled $256,094 (1.96% increase). The roles included:
1. SRC senior management level role 2. Economic Development Officer 3. Legislative Coordinator 4. Emergency Management & Regulatory Coordinator
Deliberations on November 30, 2016, concluded with direction to:
Adjust the library board capital budget to reflect potential cost savings of the Lincoln Public Library and the Town of Lincoln sharing I.T. resources
Including the application of development charges reserve contributions to offset the Public Library Board tax levy requirement
Proceed with the preparation of a final draft 2017 Budget based on Budget Scenario No. 3 (7.64% Town portion, Anticipated Blended Rate: 2.93%) which was recommended by the CAO for Council consideration on December 5, 2016.
Once incorporated these changes provide Council with a newly proposed: 7.38% Town increase portion and an Overall (Anticipated Blended Rate) of 2.89%. ALTERNATIVES FOR CONSIDERATION: None
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COMMUNICATION/ENGAGEMENT OVERVIEW: Budget engagement is outlined in the Consultation section of this report. Budget communications are ongoing through channels including business planning meeting, media, website and social media. ALIGNMENT TO CORPORATE PLAN: Budget planning is foundational in supporting and achieving Council’s priorities and work plan. Budget guiding principles included alignment with the priorities. ATTACHMENTS None
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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO. 2016-78
A BY-LAW TO AUTHORIZE AN AGREEMENT WITH FIRE MARQUE INC. FOR FIRE DEPARTMENT COST
RECOVERY SERVICES AND TO AMEND BY-LAW NO. 2016-23 BEING A BY-LAW TO ESTABLISH AND REGULATE PAYMENT OF VARIOUS FEES AND
CHARGES WITHIN THE TOWN OF LINCOLN WHEREAS Section 9 of the Municipal Act, 2001, S.O 2001, c. 25, as amended, provides municipalities the rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Subsection 11(3) of the Municipal Act, 2001 provides that municipalities may pass by-laws regarding the financial management of the municipality and its local boards; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes municipalities to pass by-laws imposing fees or charges for services or activities provided or done on behalf of it; AND WHEREAS the Council of the Corporation of the Town of Lincoln enacted By-Law No. 2016-23, being a By-Law to Establish and Regulate Payment of Various Fees and Charges Within the Town of Lincoln; AND WHEREAS the Council of the Corporation of the Town of Lincoln deems it desirable and expedient to enter into an agreement with Fire Marque Inc. to provide cost recovery services with respect to fire department expenses and to amend Schedule “A” of By-Law No. 2016-23 to recover such costs; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN HEREBY ENACTS AS FOLLOWS: 1. Schedule "A", being an Agreement between Fire Marque Inc. and the
Corporation of the Town of Lincoln, shall form part of this By-law.
2. The Mayor and Clerk shall be and are hereby authorized and directed to sign and execute the Agreement attached hereto as Schedule "A".
3. The following fee shall be added to Schedule "A" of Town of Lincoln By-law No. 2016-23:
Description Unit of Measure Fee/Charge Fire Response Fees – Indemnification Technology
Per Incident Current Ministry of Transportation rate, plus personnel costs, plus any additional costs to the Town of Lincoln
4. This By-law shall come into force and take effect on the day on which it is
passed by Council. BY-LAW read a FIRST time this 5th day of December, 2016. BY-LAW read a SECOND time this 5th day of December, 2016 BY-LAW read a THIRD time and FINALLY PASSED this 5th day of December, 2016. ________________________________ MAYOR: SANDRA EASTON ________________________________ CLERK: WILLIAM J. KOLASA
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SCHEDULE “A” TOWN OF LINCOLN BY-LAW NO. 2016-78
AGENCY AGREEMENT
THIS AGENCY AGREEMENT (the “Agreement”) made the ____ day of _________________, 2016.
BETWEEN: FIRE MARQUE INC.
(herein after referred to as the "Agent")
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THE CORPORATION OF THE TOWN OF LINCOLN (herein after referred to as the "Municipality")
WHEREAS the Fire Department attends, when required, at Incident Sites to provide emergency services;
AND WHEREAS the costs and expenses incurred by the Fire Department as a result of attending at the Incident Sites and providing services may be recoverable through Indemnification Technology® with respect to insured perils through the Insurance Policies of the owner or tenant of the Incident Site;
AND WHEREAS the Municipality wishes to appoint the Agent, as its agent for the purpose of filing Claims on behalf of the Municipality and to recover, on their behalf, any insurance proceeds from the insurers of the affected parties which are recoverable in accordance with the terms of any policy agreement for the costs and expenses incurred by the Fire Department as a result of attending at the Incident Sites.
AND WHEREAS the Agent wishes to make the Claims and recover the recoverable proceeds of insurance on behalf of the Municipality in accordance with the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the mutual terms and covenants herein contained, the Parties covenant and agree as follows:
1. DEFINITIONS
"Agreement" is this agreement, as may be amended;
"Agency Fee" is the financial compensation expressed as a percentage of the recovered Emergency Cost Recovery Proceeds in accordance with Section 6;
"Agency Fee Taxes" are all taxes, duties and other charges (including any GST, HST or other value added taxes) applicable to the Agency Fee;
"Agent" is Fire Marque Inc., or its successors and assigns;
"Claims" an amount requested for payment for an insured loss which falls under the terms of Insurance Policies;
"Emergency Cost Recovery Proceeds" are the funds recovered by the Agent as a result of filing Claims with insurers pursuant to the Insurance Policies of the owner or tenant of an Incident Site to recover the costs and expenses incurred by the Fire Department as result of attending and providing emergency services at an Incident Site;
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"Fire Department" means a group of firefighters authorized to provide fire protection services by the Municipality;
"Incident Reports" are the property statistical fire reports;
"Incident Sites" is the municipal address or property location of the incident which is attended at by the Fire Department in relation to which the Fire Department incurs costs and expenses as a result of providing their emergency services;
"Indemnification Technology®" is the intellectual property owned and employed by the Agent in making claims to recover costs and expenses of the Fire Department incurred as result of providing emergency services at an Incident Site and includes: incident reporting, data collection, and property insurance policy wording interpretation to maximize billing opportunities on behalf of the Fire Department by invoicing insurance companies for the costs of fire department attendance with respect to insured perils;
"Indemnitees" means the Agent, its directors, partners, officers, agents, and employees;
"Initial Term" is the period commencing from the date of first written above and continuing thereafter for a period of five years;
"Insurance Policies" means an insurance policy of the owner or tenant who owns or rents the property located on the Incident Site;
"Intellectual Property” is any intellectual property of the Agent, including but not limited to any software, trade names, trademarks, and copyrighted materials and any of the foregoing as it relates to Indemnification Technology®;
"Losses" means all loses, costs, expenses, interest, charges, assessments, damages, liabilities, obligations, fines and penalties, including all reasonable costs incurred investigating, defending or negotiating the settlement or resolution of any demand, lawsuit, action, or proceeding, and specifically including reasonable legal and other professional fees and expenses on a “full indemnity”, “solicitor and his own client” or comparable basis, regardless of whether the foregoing arise in, under or by virtue of common law, equity or other applicable law, contract, negligence, strict liability, breach of duty or otherwise;
"Party" or "Parties" is the Agent and the Municipality;
"Municipality" is the Corporation of the Town of Lincoln;
"Renewal Term" is a renewal term of 3 years;
"Term" is the Initial Term together with any subsequent Renewal Terms, until this Agreement is terminated in accordance with Section 14;
"Termination Date" is the date this Agreement terminates in accordance with Section 14; and,
"Third Party Fire Departments" is a fire department, fire brigade, persons and/or equipment that are not part of the Fire Department.
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2. TERM
The term of this Agreement will begin as of the date first written above and continue for the period of the Initial Term and will automatically renew for successive Renewal Terms upon the expiry of the Initial Term or any preceding Renewal Term, unless this Agreement is terminated in accordance with Section 14.
3. APPOINTMENT
The Municipality hereby appoints the Agent as its exclusive agent during the Term of this Agreement for the purpose of filing, on behalf of the Municipality, all Claims with insurers and to recover from any insurers on their behalf, any proceeds of insurance which are recoverable in accordance with the terms of any Insurance Policies of an owner or the tenant at any Incident Site.
4. AGENT OBLIGATIONS
During the Term of the Agreement, the Agent agrees:
(a) To proceed diligently to prepare and file Claims with the insurer of the incident sites on behalf of the Municipality upon receipt of the Incident Reports from the Fire Department;
(b) To establish and maintain an interest bearing trust account to receive and hold any Emergency Cost Recovery Proceeds in trust on behalf of the Municipality (which proceeds may be comingled with the proceeds recovered for other municipalities and/or fire departments, for which Agent is providing similar services);
(c) To remit on a quarterly basis or such period as agreed to between the Agent and the Municipality, the Emergency Cost Recovery Proceeds to the Municipality, less any Agency Fee, and Agency Fee Taxes deducted in accordance with Sections 6 and 7.
(d) To deliver a statement to the Municipality providing reasonable detail in regards to the amounts being remitted for the applicable period; and
(e) To maintain complete, detailed and adequate books and records pertaining to Claims and Emergency Cost Recovery Proceeds.
5. MUNICIPALITY'S OBLIGATIONS
During the Term of the Agreement, the Municipality agrees:
(a) on a monthly basis or such period as agreed to between the Municipality and Agent, to provide the Agent with all the completed Incident Reports relating to its attendance at all Incident Sites during the period, setting forth in reasonable detail the services provided and the costs and expenses incurred by the Fire Department in attending such Incident Sites and providing information as to the applicable insured, the insurance company and the policy number of the Incident Site, if available;
(b) in accordance with the Insurance Policies, ensure that the Emergency Cost Recovery Proceeds that are remitted to the Fire Department are used by the Fire Department for its own purposes, which purposes may include but not be limited to the following:
(i) the purchase of equipment for the Fire Department;
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(ii) the provisions of training and education to the firefighters of the Fire Department; and/or
(iii) the purchase and/or provision of materials and equipment for fire inspection, fire prevention and public education programs;
(c) if requested, to provide the Agent with documentation evidencing that the Fire Department is the sole beneficiary of any Emergency Cost Recovery Proceeds that have been remitted to the Municipality in accordance with Section 4; and
(d) to the extent the Municipality or the Fire Department is paid or receives Emergency Cost Recovery Proceeds directly from the insurer under the Insurance Policy, or from the owner or tenant of an Incident Site (as a result of such owner or tenant receiving the Emergency Cost Recovery Proceeds directly from the insurer under