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AGENDA - Council - 20111213PUBLIC RELEASE December 9, 2011 TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday, December 13, 2011 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTERESTAND GENERAL NATURE THEREOF II APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III ADOPTION OF THE MINUTES Council Minutes of November 22, 2011 pg. 1 Special Council – Public Planning Minutes of November 23, 2011 pg. 9 RECOMMENDED: THAT the Council minutes of November 22, 2011 and the Special Council – Public Planning minutes of November 23, 2011 be adopted as printed and circulated. IV PRESENTATIONS V PUBLIC SERVICE ANNOUNCEMENTS VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Council Meeting Agenda Tuesday, December 13, 2011 Page 2 of 9 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VIII DELEGATIONS IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notice of Motion (a) Mayor Dawe pg. 62 Re: Aurora Historical Society (b) Councillor Thompson pg. 63 Re: Finance Advisory Committee (ii) Motions for Which Notice Has Been Given (a) Councillor Thompson pg. 64 Re: Consideration of Pilot Rain Water Harvesting for the Aurora Family Leisure Complex and Town Hall (b) Councillor Buck pg. 65 Re: Canadian Flag Flying in Disrepair (c) Councillor Thompson pg. 66 Re: Public Planning Meeting Notification Process XI REGIONAL REPORT York Regional Council Highlights – November 17, 2011 pg. 67 Mayor’s Report RECOMMENDED: THAT the Regional Report be received for information. XII NEW BUSINESS/GENERAL INFORMATION Council Meeting Agenda Tuesday, December 13, 2011 Page 3 of 9 XIII READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given first, second, and third readings and enacted: 5375-11 BEING A BY-LAW to designate a property pg. 74 to be of cultural heritage value or interest (John W. Knowles House – 68 Wellington Street East) (Report HAC11-03 – Council Sept. 27, 2011) 5376-11 BEING A BY-LAW to designate a property pg. 79 to be of cultural heritage value or interest (Robert Hughes House – 70 Wellington Street East) (Report HAC11-03 – Council Sept. 27, 2011) 5385-11 BEING A BY-LAW to amend Zoning By-law pg. 84 Number 2213-78, as amended, to remove A Holding “(H)” Symbol (111 Civic Square Gate) (Report PL11-059 – GC – Dec. 6, 2011) 5388-11 BEING A BY-LAW to declare surplus and sell pg. 87 municipal lands (portion of 15059 Leslie St) (Report CAO11-022 – Council – Dec. 13, 2011) 5389-11 BEING A BY-LAW to allocate any 2011 pg. 89 Operating Fund surplus and any 2011 Water and Wastewater Operating Fund surplus or deficit (Report CFS11-061 – Council Dec.13, 2011) THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5390-11 BEING A BY-LAW to Confirm Actions by pg. 91 Council Resulting from Council Meeting 11-35 on December 13, 2011 Council Meeting Agenda Tuesday, December 13, 2011 Page 4 of 9 XIV CLOSED SESSION RECOMMENDED: THAT Council resolve into a General Committee Closed Session to consider:  A proposed or pending acquisition or disposition of land by the municipality or local board; Re: Temperance Street and Wellington Street West XV ADJOURNMENT Council Meeting Agenda Tuesday, December 13, 2011 Page 5 of 9 AGENDA ITEMS 1. General Committee Meeting Report pg. 13 December 6, 2011 RECOMMENDED: THAT the General Committee meeting report of December 6, 2011 be received and the recommendations carried by the Committee be approved. 2. Special General Committee Meeting Report – Capital Budget & pg. 20 Public Consultation, November 21, 2011 RECOMMENDED: THAT the Special General Committee – Capital Budget & Public Consultation meeting report of November 21, 2011 be received for information. 3. Special General Committee Meeting Report – Operating Budget pg. 24 & Public Consultation, November 28, 2011 RECOMMENDED: THAT the Special General Committee – Operating Budget & Public Consultation meeting report of November 28, 2011 be received for information. 4. Special General Committee Meeting Report – Operating Budget pg. 31 & Public Consultation, December 5, 2011 RECOMMENDED: THAT the Special General Committee – Operating Budget & Public Consultation meeting report of December 5, 2011 be received for information. Council Meeting Agenda Tuesday, December 13, 2011 Page 6 of 9 5. CFS11-030 – 2011 Operating Surplus/Deficit Control By-law pg. 35 RECOMMENDED: THAT report CFS11-030 be received; and THAT By-law Number 5389-11 be adopted to authorize the Treasurer and the Chief Administrative Officer to make necessary year-end adjustments and to allocate any 2011 Operating Fund surplus in the following order of priority: i. Any unspent funds allocated in the 2011 Budget for suggested expenditures be returned to the respective original reserve and reserve fund sources. ii. That any net Building Permit revenue surplus/deficit be allocated to/funded from the Building Department Fees Reserve. iii. Up to a maximum of the first $100,000.00 of any remaining surplus be retained for 2012 Budget funding, subject to Council’s 2012 budget deliberations. iv. Up to a maximum of $296,000.00 of any then remaining surplus be allocated to the Tax Rate Stabilization Reserve Fund to assist with stabilizing tax rates in future years which may experience fluctuations due to significant changes in service levels or municipal costs, or changes in expected revenues. v. That the then remainder of any surplus may be allocated to budget carry-forward items, being Council approved projects or initiatives funded in the Operating Fund in the subject year, but not started by year end. vi. That the remainder of any surplus be allocated to the municipal capital reserves. vii. That alternatively, in the event of a year-end operating deficit, adjustments I, and ii above are authorized, with the remaining net shortfall to be funded from stabilization reserves or other appropriate reserves, with such adjustment authorized to occur prior to or after December 31, 2011; and Council Meeting Agenda Tuesday, December 13, 2011 Page 7 of 9 THAT the provisions made within By-law Number 5389-11 be adopted to authorize the Treasurer and the Chief Administrative Officer to allocate any 2011 surplus or alternatively fund any deficit in the Water, Wastewater, or Stormwater budgets to or from the appropriate related reserve accounts; and THAT the Treasurer and Chief Administrative Officer report to Council through General Committee after the year end surplus/deficit control adjustments and allocations have been performed. 6. CLS11-024 – General Committee Closed Session Report dated pg. 41 December 6, 2011 1) A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: /HVOLH6WUHHW'LVSRVDORI/DQGV RECOMMENDED: THAT the confidential recommendation of the General Committee Closed Session of December 6, 2011 be adopted. 7. PL11-061 – Enterprise Licence Agreement with ESRI Canada pg. 42 Limited RECOMMENDED: THAT Council receive report PL11-061; and THAT Council pre-approve $38,000 for the 2012 Budget in order to allow the Town to enter into a Local Government Enterprise License Agreement with ESRI Canada Limited; and THAT Council authorize Staff to enter into a sole sourced Small Local Government Enterprise License Agreement (ELA) with ESRI Canada Limited (ESRI) for a three year term. Council Meeting Agenda Tuesday, December 13, 2011 Page 8 of 9 8. Memorandum from Mayor Dawe pg. 46 Re: Communication from Ontario Good Roads Association RECOMMENDED: THAT Council receive the correspondence from the Ontario Good Roads Association for information. 9. Memorandum from Mayor Dawe pg. 50 Re: Communication from the Aurora Historical Society RECOMMENDED: THAT Council receive the correspondence from the Aurora Historical Society for information. 10. Memorandum from Mayor Dawe pg. 52 Re: Communication from The Honourable Jason Kenney, PC, MP Minister of Citizenship, Immigration and Multiculturalism RECOMMENDED: THAT Council receive the correspondence from The Honourable Jason Kenney, PC, MP, Minister of Citizenship, Immigration and Multiculturalism for information. 11. Memorandum from John Leach, Director of Customer and pg. 54 Legislative Services/Town Clerk Re: Correspondence from the Town of East Gwillimbury regarding Resolution to the Association of Municipalities dated December 6, 2011 Re: Commercial Fill Operators RECOMMENDED: THAT Council receive the correspondence from the Town of East Gwillimbury regarding Resolution to the Association of Municipalities dated December 6, 2011 Re: Commercial Fill Operators; and THAT Council provide direction. Council Meeting Agenda Tuesday, December 13, 2011 Page 9 of 9 12. Memorandum from Techa van Leeuwen, Director of Building pg. 56 and By-law Services and Chief Building Official Re: 180 John West Way – Parking Garage Exhaust Fans RECOMMENDED: THAT the memorandum dated December 13, 2011 from the Chief Building Official regarding the parking garage exhaust fans at 180 John West Way be received for information. 13. CAO11-022 – Sale of Municipal Lands – Portion of 15059 pg. 60 Leslie Street RECOMMENDED: THAT report CAO11-022 be received; and THAT By-law Number 5388-11, being a By-law to declare as surplus and sell a portion of the Town’s lands municipally known as 15059 Leslie Street, be enacted. ADDITIONAL ITEMS FOR COUNCIL MEETING Tuesday, December 13, 2011  Replacement page 5* of By-law 5376-11 BEING A BY-LAW to designate a property to be of cultural heritage value or interest (Robert Hughes House – 70 Wellington Street East) (Report HAC11-03 – Council Sept. 27, 2011) * The word “stuccoed” has been removed from the last bullet.  New Item 14 Memorandum from the Director of Infrastructure and Environmental Service Re: Cost benefit of in-house design vs outsourcing Considerations for design Assignment for Industrial Parkway Sidewalks Memo 03-11  New By-law 5392-11 BEING A BY-LAW to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora.  New By-law 5393-11 BEING A BY-LAW to appoint an Animal Control Officer to enforce the Town of Aurora’s Animal control By-laws. By-law Number 5376-11 Page 5 of 5 • the overall one and a half (1%) storey mix -style bungalow with Arts and Crafts Bungalow influence; • moderately pitched roof with end gables and wide eaves; • front facing off -set to the west dormer window; • all window openings on the late 1850's house including the bay window on the west elevation; • centered front door opening; and • full width covered front porch with sloping roof, fascia, and four (4) pillars on cobblestone piers. 100 John West Way, Box 1000, Aurora, ON L4G 6J1 Phone: 905-727-3123 ext. 4371 www.e-aurora.ca MEMORANDUM DATE: December 13, 2011 TO: Mayor, Members of Council and CAO FROM: Ilmar Simanovskis, Director of Infrastructure and Environmental Service RE: Cost benefit of in-house design vs outsourcing Considerations for design Assignment for Industrial Parkway Sidewalks Memo 03-11 RECOMMENDED THAT this memorandum be received for information. DISCUSSION Background: The Town of Aurora’s infrastructure and Environmental Services department delivers about $10M worth of capital projects annual with an additional $25M operating budget which also includes a number of operational projects requiring execution. The Town has used a public/private partnership approach to project deliver for many years as the most cost effective and highest value model for project delivery. This consists of contracting out design services to design consultants, and construction services to contract firms. The staffing levels of the department have been established to support this model with limited in-house capacity to complete the design activity. The key functions the staff provide include: • Scope identification and tender document preparation • Vendor evaluation and selection • Project management • Public consultation, design review, quality control, requirements review • Financial management of the projects • Field inspections and contractor coordination/supervision for contract compliance • Dispute resolution/ public relations • Records management and drawing archiving The current model has staff directing outsourced resources to deliver our needs without having to staff a full in-house design team. The current model permits some flexibility to in- house design where taking on such work does not negatively impact overall program delivery objectives. Page 2 S:\Public Works\Records\C10 Reports to Council\C10-ADM-089 Reports to Council General File\2011\Memo 03-11 Sidewalk Design Industrial Parkway.doc Discussion: The department manages on average 50 projects a year including fleet procurement, facility renovations/ expansions, roads, underground services, and storm management facilities. This is accomplished through a diverse team of engineering, technical and operating staff. The key roles are performed by the engineering and technical staff who also carry other duties such as support for development review and subdivision build out, internal program support and service delivery, inter-municipal and regional programs, studies, support to other departments, and client services. On average, project deliver represents up to 40 percent of the groups efforts with peaks occurring during the summer months. The decision to perform design work in-house is based on the value of using staff time for design vs time spent overseeing outsourced projects and performing all other responsibilities. When staff commit effort to detailed design work, they are invariably unable to oversee other parts of the program effectively resulting in risk of delays in other projects. To balance this, staff are selective in in-house design projects based on importance, urgency, complexity and size. Projects that are designed in house are typically of small scale requiring limited staff commitment (1-2 weeks) and that can be accomplished over a longer period of time. This is not an effective approach to project delivery but provides for some small efficiency when time permits. For a project such as the proposed Industrial Parkway sidewalks, the level of effort would be in the order of 1,000 manhours to prepare the documents/drawings for the 5 km length of the road and sidewalks on both sides. In addition, the services of a survey firm would still be required at a cost of $35,000. The contracted design proposal of $94,961 includes these costs and is based on an expected project construction cost of $900,000 which could be constructed in stages based on budget availability. If done in-house, this would require a seven month commitment of one full time position to complete this project. Costs to do this work in house include: • Staff costs (whether deferring other works or hiring a new person) $50,000 • Specialized design service for retaining walls (estimate) $25,000 • Survey costs $35,000 • Printing costs $4,000 As a comparison, staff undertook the in-house design of six small sections of sidewalk gaps in relatively straight forward areas resulting in a simple design package for approximately 1.2 km of road sections at an expected tender value of $200,000. This work was completed throughout the year resulting in 6 weeks (200 hours) of cumulative effort. This was available resource capacity in 2011 that was directed towards in-house design activity. To increase in-house design capacity, additional resources would be required which can be achieved if desired. Page 3 S:\Public Works\Records\C10 Reports to Council\C10-ADM-089 Reports to Council General File\2011\Memo 03-11 Sidewalk Design Industrial Parkway.doc Conclusions A review of previous in-house vs outsourcing studies conducted for public sector services also generally concluded that outsourcing is the preferred method of delivery for a number of reasons outlined below. Often, cost is not the overriding factor. Some studies suggest that depending on the type of work, it may be more cost effective in the long run to provide the service in-house. However, the savings were not significant when identified and more often in-house was higher in cost when all aspects were considered. Other factors such as workload, and expediency also take precedence when factoring overall service delivery. The follow factors are provided for additional consideration: Town policy is towards outsourcing: The town has followed a policy of outsourcing much of its design and construction activity as an effective way of delivering hard services at the greatest value. Because this has been the long standing approach, capacity is limited to only being able to effectively deliver small straightforward projects in-house. Staffing Capacity: The town is staffed to provide design/construction leadership through overseeing design and construction activity and not to actively participate in these activities. The value to the organization is delivered by creating superior project management skills in conjunction with technical knowledge. This allows the town to leverage consulting and construction resources only when and as needed resulting in best overall value. When project size and complexity allow for in-house design activities, these opportunities are taken only after considering factors such as resource availability, risk, timing, and overall cost/benefit to the entire project portfolio. Saving money on one project by doing it in-house can impact an entire capital program as staff attention is removed from other design/construction assignments which can increase risks and costs to overall delivery of the program. Scheduling Considerations: The 2011 program portfolio currently has 53 capital projects requiring supervision, management and technical input in the areas of fleet, facilities, roads, underground infrastructure, and stormwater management. These projects are directly managed by primarily 10 staff who oversee the development of requirements, oversight of deliverables, adherence to specifications and delivery of the final project along with all the required approvals, records and warranties. Delivering this amount of work results in a near continuous tendering and engagement process of outside resources as projects move through the various stages of completion. To interrupt this process by creating internally delivered projects beyond resource capacity does have a direct impact on the delivery of the portfolio. Page 4 S:\Public Works\Records\C10 Reports to Council\C10-ADM-089 Reports to Council General File\2011\Memo 03-11 Sidewalk Design Industrial Parkway.doc Specialization of services: Outsourcing allows the Town to access specialized services only as needed compared to retaining full time staff with these skills. The benefit to outsourcing for specialized services is the access to knowledge, as these persons are able to focus only on these areas of expertise. The Town does not have a large enough or diverse enough project base to warrant staffing for all the specialized areas required. Simple skills such as AutoCAD and specification writing also benefit from outsourcing as staff do not have enough opportunity to hone these skills to the proficiency of outsourced firms who perform these tasks daily. Even when doing in-house designs, outsourcing of services such as survey work, geotechnical investigations, testing, and reproduction work is still required to complete the project. Risk Management: Outsourcing allows for better risk management enabling the town to transfer design and construction risks more effectively. In-house design requires review and internal quality control which demands further staff time in the project. Also, certain design aspects require engineering review which increase risk should issue arise. Outsourcing transfers a large part of these types of risks. Improved design quality and innovation: The competitive market dictates that future success is contingent on past performance. Speed, accuracy, innovation and project support provided by an outsourced supplier is driven by market conditions and the need to deliver a satisfactory product. Long term cost benefits: On study in 2008 estimated that an in-house design team would cost 14% more based on the base staff cost comparators for public agencies vs private companies. This is assuming that the design team has sufficient continuous workload. In our case, there is not sufficient design work to warrant building full time in-house design capacity which would suggest outsourced savings would be even greater. Yours sincerely, Ilmar Simanovskis Director of Infrastructure and Environmental Services References: 1) Comparing in-house Staff and Consultant Costs for Highway design and Construction (July 15, 2011) Page 5 S:\Public Works\Records\C10 Reports to Council\C10-ADM-089 Reports to Council General File\2011\Memo 03-11 Sidewalk Design Industrial Parkway.doc http://www.dot.ca.gov/newtech/researchreports/preliminary_investigations/docs/cons ultant_vs_staff_cost_preliminary_investigation_7-15-11.pdf 2) In-House vs Outsourced Design NYDOT Engineering Design Costs- Polytechnic Institute of NYU (October 30, 2008) http://www.acecny.org/PDF/PolyStudyFinal.pdf 3) State DOT outsourcing and private sector utilization NCHRP Syntheses 313 http://books.google.ca/books?id=fAXdtfLM3vIC&pg=PA21&lpg=PA21&dq=in+house +vs+outsourcing+engineering+design&source=bl&ots=9dryrDyTXD&sig=Eiv2OJsdk WTVAyWUwIzXCiH9LNc&hl=en&ei=23PmTrS_MqL30gHT3aWYCg&sa=X&oi=book _result&ct=result&resnum=3&ved=0CEwQ6AEwAjgK#v=onepage&q=in%20house% 20vs%20outsourcing%20engineering%20design&f=false THE CORPORATION OF THE TOWN OF AURORA By-law Number 5392-11 BEING A. BY-LAW to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora. WHEREAS subsection 15(1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, authorizes a municipal council to appoint persons to enforce the by-laws of the municipality; AND WHEREAS persons appointed to enforce the by-laws of a municipallty shall be called municipal law enforcement officers; AND WHEREAS pursuant to subsection 15(2) of the Police Services Act, R,S.0.1990, c. P.15, as amended, municipal law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; AND WHEREAS the Building Code Act, 1992, SA. 1992, c. 23, as amended, provides that the council of a municipality may pass by-laws prescribing standards for the maintenance and occupancy of property, and may assign to officers the responsibility of administering and enforcing by-laws passed under section 15.1 of that Act; AND WHEREAS subsection 1(3) of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, provides that a minister of the Crown may designate in writing any person or class of persons as a provincial offences officer for the purposes of all or any class of offences; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town") deems it desirable to appoint certain employees as Municipal Law Enforcement Officers and certain employees as Property Standards Officers; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT those persons listed on Schedule "'K to this By-law be and are appointed as Municipal Law Enforcement Officers for the Town. 2. THAT the employees appointed as Municipal Law Enforcement officers are designated by the Town to act as Provincial Offences Officers in aecordanoewith any specific orgeneral directive of the Solicitor General for Ontario in effect from time to time relating to the power of municipal employees to act as Provincial Offences Officers. 3. THAT those persons listed on Schedule "B" to this By-law be and are appointed as Property Standards Officers for the Town. 4. THAT the Town Clerk of the Town is hereby authorized to issue a certificate of appointment bearing his/her signature or facsimile thereof to the. Officers appointed by this By-law. 5. THAT this By-law shall come into full force and effect on the date of final passage hereof. By-law Number 539241 Page 2 of 4 READ A FIRST AND SECOND TIME THIS 131" DAY OF DECEMBER, 2011. READ A THIRD TIME AND FINALLY PASSED THIS 13"h DAY OF DECEMBER, 2011. GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK Appratledss to Farm B X gdServkcs s�arrae W �- msre:..�x..�� L,� By-law Number 5392-11 SCHEDULE "A" TO BY-LAW NUMBER 5392-11 Municipal Law Enforcement Officers — Town of Aurora Dave Marshall, Parking Control.Officer Eric Schafranek, By-law Enforciment/Licensing Officer Page 3 of 4 By4aw Number 8392-11 SCHEDULE "B" TO BY-LAW NUMBER 6392-11 Property Standards Officers — Town of Aurora Eric Schafranek, By-law Enforcement/Licensing Officer Page 4 of 4 THE CORPORATION OF THE TOWN OF AURORA By law Humber 5393-11 BEING A BY-LAW to. appoint an Animal Control Officerto enforce the Fawn of Aurora's Animal Control By-laws. WHEREAS subsection 15(1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, authorizes a municipal council to appoint persons to enforce the by-laws of the municipality; AND WHEREAS persons appointed to enforce the by-laws of a municipality shall be called municipal law enforcement officers; AND WHEREAS pursuant to subsection 15(2) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, municipal law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; AND WHEREAS pursuant to subsection 1(3) of the Provincial Offences Act, R.S.O. 1990, c, P.33, as amended, a minister of the Crown may designate in writing any person or class of persons as a provincial offences officerfor the purposes of all or any class of offences; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town"} deems it desirable to appoint a municipal law enforcement officerto enforce the animal control by-laws of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT all employees at the Ontario Society for the Prevention of Cruelty to Animals (hereinafter the "OSPGA") designated from time to time by the OSPCA as an "Animal Control Officer" or an "Agent" are hereby appointed as Municipal Law Enforcement Officers to enforce any By-laws of the Town relating to animal control, including, but not limited to, By-law Number 4749-05.P and By-law Number 4747-05.P. 2. THAT the persons herein appoNed as Municipal Law Enforcement Officers are designated by the Town to act as Provincial Offences Officers in accordance with any speck or general directive of the Solicitor General for Ontario in effect from time to time. 3. THAT the Town Clerk of the Town is hereby authorized to issue a Certificate of Appointment, bearing his signature ors facsimile thereof, to the Municipal Law Enforcement Officers appointed by this By-law. 4. THAT By-law Number 5327-11 be and is hereby repealed, 5. THATthe provisions of this By-law shall come into full force and effect on the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 13'h DAY OF DECEMBER, 2011. READ A THIRD TIME AND FINALLY PASSED THIS 13°h DAY OF DECEMBER, 2011. Amrow4as to form rm yplc�rvlrces mars DP t. 9OF>FREY DAWE, MAYOR J014N b. LEACH, TOWN CLERK