Paddling club thanks Cobourg for its support

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Brian Powell
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2 In 1999 we first approached Town Council about starting a Dragon Boat Club in Cobourg. Town Council has always been supportive of the CDBCC and endorsed us as we offered recreation programs for residents of Cobourg and Northumberland. Paddling club thanks Cobourg for its support ( 1 By Cecilia r ias, mrth liorthumoerland Today I Thursday, June 28, :39:50 EDT PM Cobourg Dragon Boat and Canoe Club commodore Beth Bellaire and head coach Jeremy Fowile (In blue shirts) presented a plaque of appreciation for all the towns support to (from left) Councillors Larry Sherwin, John Henderson, Mayor Gil Brocanier, Deputy Mayor Stan Frost and Coundllor Donna Todd.

3 In 2008 the Cobourg Dragon Boat Club expanded its mandate to include paddle sports, thus becoming the Cobourg Dragon Boat and Canoe Club. We approached Town Council for a compound to house our new boats. Memo from the Director of Public Worksíeaardinq the Enclosure. pos,ed Dragon Bo -cr,. Moved by Councillor Spooner, seconded by Councillor MacDonald: That Council permit the Cobourg Dragon Club to install, at their expense, with the supervision of Town staff, a boat enclosure as outlined in the site plan; and further that rent will be assessed and charged by Town staff bis.eii on the rant structure used for other structures in the area. (518-08) Carried

4 The success of our paddle sport program for youth and adults continued to grow. As our membership grew, so did our need for a bigger compound. In 2010, with Council's blessing, we expanded our fleet and moved to a new home, a compound we share with the Cobourg Yacht Club. THE CORPORATION OF THE TOWN OF COBOURG BY-LAW NUMBER [ A BY-LAW TO AUTHORIZE EXECUTION OF AN AGREEMENT BETWEEN 1 THE DRAGON BOAT CLUB OF COBOURG, THE COBOURG YACHT CLUB AND THE CORPORATION OF THE TOWN OF COBOURG FOR A STORAGE COMPOUND_ WHEREAS The Municipal Act, 2001, Section 8 provides in part that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority; NOW THEREFORE the Municipal Council of the Corporation of the Town of Cobourg enacts as follows: 1. THAT the Mayor and Municipal Clerk are hereby authorized and instructed to execute on behalf of the Corporation an Agreement with the Dragon Boat Club and the Cobourg Yacht Club to provide a storage area within the Copourg Marina Compound_ READ a first, second and third time and finally passed in Open Council this 10m day of May, 2010.

While we have always been supported by Town Council and appreciate the support given to us for our programs, we feel that we have not been treated fairly in the agreements created by Staff.

5 While we have always been supported by Town Council and appreciate the support given to us for our programs, we feel that we have not been treated fairly in the agreements created by Staff. 0 _, '72F 2111,- Several conditions were placed upon our use of the compound that were not placed on other user groups. As we had a fleet of 30 boats arriving within two weeks, we were told to sign the agreement or we would not be able to put up our fence.

Unknown to us at the time was that there was a Two-Tier Agreement in place, one for the CDBCC and a different agreement for the CYC, for the same shared piece of property.

6 Unknown to us at the time was that there was a Two-Tier Agreement in place, one for the CDBCC and a different agreement for the CYC, for the same shared piece of property. It wasn't until early 2014 that we got a copy of the CYC Shared Compound Agreement, through the Freedom of Information Act, and were able to compare the two agreements. CDBCC Agreement Clauses Pay 1/2 Cost of Boat Racks Cannot use racks until Lift-in (Late April) Land Lease $1.00 per square foot CYC Agreement Clauses Pay /4 Cost of Boat Racks Can leave some masts on racks all year Land Lease $0.50 per square foot J We are charged for 6 months of use, but are restricted to only 5 months that we can access the boat racks, and the area surrounding the racks. We cannot bring the majority of our boats down to the harbour until the last weekend of April, a full month after we start paying our fees.

It was then that we began to research prior Town By-Laws and Minutes to uncover more discrepancies in how we are treated financially compared to other user groups.

7 It was then that we began to research prior Town By-Laws and Minutes to uncover more discrepancies in how we are treated financially compared to other user groups. CDBCC CYC Expanded Compound by 2000 sq. feet Expanded Dinghy Compound by 2000 sq. feet Cost of expansion $2000 per season Cost of expansion $0 per year v Fencing had to conform with other compounds, barb wire top. } No stipulation that fencing needed barb wire }

8 When a new lease agreement came into place with the CYC, the terms and conditions were an extension of their original lease. NOW THEREFORE the Municipal Council of the Corporation of the 'Fawn of Cohnurg enacts as Won: 1. THAT the Mayor and Municipal Clerk are hereby authorized and instructed to execute on behalf of the Coiporation an extension of a lease agreement with The Cobourg Yacht Club for property known as 103 Third Street, Cobourg to extend the term of the original!ease for a turthei term endin,y May 31, READ a first, second and third time and finally passed in Open Council this 17th day of March,2008.

9 Without any discussions with us, our lease changed, new terms and conditions were in place. We recently received a Register Letter from the Marina outlining the changes, even though we were assured there would be no changes / invoice until the present situation was resolved. Dear Executive, I at" writing you with regards to the Property Rental Agreement between The Corporation Of The Town Ot'Cobourg and The Cobourg Dragon Boat Club dated June 7, Item number 5 of this agreement states: 'The Dragon Boat Club shall pay rent of $1.00 per square foot per season ($1,600.00) to the Marina, to be reviewed annually." This agreement was modified by letter dated April 10, This letter granted approval to expand the size of the leased premises conditional upon a the rental fees being prorated based on the square footage of the expanded compound. Please be advised that the rental agreement has been reviewed in accordance with item 5 and the rent is being adjusted in accordance with marina user fee schedule. Effective 2016 the storage compound rent shall be $4, and the storage building rent will be $ The slip rental fee will be charged at the unserviced slip rate of $55.00 per foot based on the L.O.A. of the longest boat. The Club will be permitted to dock a maximum of 3 club owned dragon boats in the rented slip. All other terms and conditions of the rental agreement shall remain the same.

10 We made requests under the Freedom of Information Act. Some of our questions were answered, while we are still waiting for other information. Several of the invoices we asked for are missing or cannot be located. What the Yacht club and Co b ourg Dragon Boat Club pays for the Compound they share from the Town For 2014 CYC pays and CDBC pays 54,412.33, ;:plus IArhat the Yacht Club p ays for the Dingy Comp ound Dingy compound is part of original lease of and and building - 52 per annum What the Yacht club pays for their main building CIC pays 52 per annum to May 31, 2027 :n addition for 2014 CYC will pay 5650 towards '1,7aste co sts as well as 53,400 for their Recip ro cal Wall. Ian D. Davey., BEA CPA CA Treasurer Director of Corporate Services (905) Ext 4201

11 Now that we had some of the financial facts, we approached Town Staff about our concerns. In our first of several meetings, we were given various rationales for the discrepancy of cost for the same piece of land. Town Staff Position Rationale #1 We have more boats than the CYC. CDBCC Position We lease the land, it is up to us how many boats we put in it. Rationale #2 CYC pays reciprocal wall fees and garbage fees Reciprocal wall has nothing to do with the compound, and many years the fees were waived. Garbage fees have nothing to do with the compound. Rational #3 - We should be charged for our dragon boat slip at a rate of the total length of all dragon boats, thus we are getting an in-kind grant. We are using 1 slip, we cannot be charged 3 times for the same space, and again nothing to do with the compound When we asked P. Gauthier why we would be charged for each boat in the slip, but the Yachts with dinghy boats attached to them were not, he stated that "a dinghy is not a boat".

12 During our second meeting on this issue, a new rationale was presented, as our objections to the original three rationales were valid. Town Position Rationale #4 Fee includes dredging, grass cutting etc. CDBCC Position Agreement is for the rental of the land, you cannot add new charges 6 years later. Town dredged the West Harbour Area that summer for us. No dredging happened in the West Harbour Area as the dredger sunk in July and was out for repairs. This is a fourth attempt to try to justify why the CDBCC pays more money for the same compound leased as the CYC. Every time we counter the rationale, a new one is introduced!

13 To Mayor Brocanier and Council Members FROM: Bill Watson, Director of Public Works DATE OF MEETING: November 18, 2013 REPORT TITLE/SUBJECT: Marina Expansion Proposal REPORT DATE: File # This Proposal, submitted by P. Gauthier, and signed by the CEO clearly indicates how the cost of dredging would be recouped. Dredging Requirements In addition to the routine maintenance dredging required to keep Cobourg Harbour navigable some dredging will be required along the west beach area of the harbour. This will be required to provide adequate water depth for the fairway leading to the Phase III docks. This dredging work would be done 7 in 2014 & Approximately 10,000 m3 of sand will need to be removed. The cost of the dredging work will be offset by contract work being done for others. Title: Signing Official: Sign. e Date: Director of Public Works B. Watson Chief Administrative Officer S. Peacock pc,v 4,.,, da_, -,, (Ili

14 The minutes of the Council meeting in 2010 state "an agreement", not two different lease rates / conditions, and stipulate for the "rental of the land", not any of the rationales presented by Town Staff. THEREFORE BE IT RFSCLN,ED thar, thu Cocur.oil!rarrit 7iür 'w. of MIL nanr.o..v weige.-srabu-li pa rct! ut land betwuen the to..0 'unced hoat storaqe pouncis for sto:aqr-; (it! Garnes kayaks by the Dragort ;30at Club in SUmmer arid for s".0q.eg2 of masts by tne rr:-1-jtiourq 'Yacht C:ub v.;iritor; and FURTHER BE IT RESOLVED th;:-.-tt a by-law t'it:t prepared tr.; uutḻ arize trt 6. Mayor and Clerk ft exemite L1* agr,:-9.--!(-1!c:rt cielyrer Llolh CI L' üutii ïinq í dutal;f. including -rent and c)bs.:; fut fencior; iind storage rack as cc in Ui staff ret. Canr:ed We have also asked for a copy of the details outlined in the staff report from which the two different agreements were executed, but have not received it yet.

15 Not only were we subjected to Two-tiered financial and lease agreements, we feel we have been, and continue to be subjected to bias by Town Staff. Several demands and conditions been presented to us by the Marina Manager over the years, including access times, repairs, inventory requirements. Since we presented our objection to the Marina Expansion Plan, several new "issues" developed. o After 15 years we were refused use of the public washrooms outside of staffed hours and our integrity and honesty was questioned. An dated May states that staff "are adamant the CDBCC was never given the access code by staff." We have documents to the contrary. We finally received the access code again for the washrooms on May 26, However, we were falsely accused of vandalizing the washrooms on May 22, of having the access code all along. Again our integrity and honesty were openly questioned. We are still waiting for the written apology promised to us for this unfounded accusation.

16 We have been told that since we are subsidized for our slip we would not get the code as we do not have the same privileges as the full paying marina users. We should be paying three times the season rate as we have three boats. The policy of the marina is that subsidized users are not allowed the code to access the marina. I have asked for the policy, but to date have not received it. A letter of reprimand sent to us for an "Photography Incident", before the facts were discovered to show to the contrary. An Dated July 31st, 2014 stating "it appeared that the use of the compound may not be in compliance with the agreed terms of use. Then a refusal to discuss the issue with us.

17 Many of these issues have been solved through intervention by the Elected Town Councillors and we truly appreciation the work you have done on our behalf. The time you take to make sure that all taxpayers are treated with respect and fairness is commendable. Thank you! The purpose of our presentation tonight was to give you some background to shed light on how we feel that we have been treated unfairly in financial and land lease agreements, as well as a perceived bias against us. This bias seems to have escalated since we gave strong opposition to the Proposed Marina Expansion. We have searched the Minutes and By-Laws from 1970 onward, as well as several s to support our position on these unfortunate issues. These are the financial issues that we feel need to be addressed:

CDBCC CYC 2010 $1,808.00 5800.00 Therefore, as the going rate based on CYC Rent is $825.00, then the CDBCC has overpaid by 2011 $1,808.00 5800.00 At that rate the CDBCC has a credit of 1/.

18 CDBCC CYC 2010 $1, Therefore, as the going rate based on CYC Rent is $825.00, then the CDBCC has overpaid by 2011 $1, At that rate the CDBCC has a credit of 1/.63489/ years! 2012 $4, $4, As the CYC had their lease extended to May , and CDBCC has paid in advance for 17 years, then their 2014 $4, contract should also be extended to May , at which time both parties would be in discussion for new leases. $18,5/3./9 $4, (by law , March 17, 2008) Note: CDBCC LxpiniLaic Lornpuund in appr ox:rnately Land Use Charges went up approximately $2000 per season CV( Expanded their cornound in and use fee increased by $0. Present Lease.s fo 52 per year. Therefore, CDR( expanded and use should be ;;( Memo from the Director of Public Works reoarding the proposed Dragon Boat Enclosure. Moved by Councillor Spooner. seconded by Councillor MacDonald: ''That Council permit the Cobourg Dragon Club to install, at their expense, with the supervision of Town staff, a boat enclosure as outlined in the site plan; and further that rent will be assessed and charged by Town staff based on the rent structure used for other structures in the area (518-08) Carried

19 Since 1999 the Cobourg Dragon Boat and Canoe Club has had a history of directly supporting the Community. Over $500,000 has been raised through the United Way Challenge the Dragon Event. These dollars have benefited countless programs in both Cobourg and Northumberland. Our padding program has provided the residents of Cobourg with additional recreational choices in Town, adding to the health and wellness of the community and promoting Cobourg as "The feel good town" Our Dragon Boat and Youth athletes have been ambassadors for Cobourg throughout the Province and across Canada.

20 We are asking the present Council to rectify the financial errors that were created in our agreement and that "overpayment of previous fees occurred" be factored into our new fees, as committed in the document cited below. 1. The review of methodology for establishing fees will be a public process that will fully engage all users including the canoeing and boating community; 2. No 2015 fees will be invoiced until this process is complete and new fees approved by Council; 3. If overpayment of previous fees occurred for any user, adjustments will be factored into the new fees. In summary, we have clearly heard your concerns and are committed to establishing fees that are seen to be fair and equitable to all using a process that will allow input from all users. Mayor Gil Brocanier Stephen Peacock, P.Eng., CAO Thank-you for granting us the time tonight to present our concerns.

Cobourg Dragon Boat and Canoe Club

Cobourg Dragon Boat and Canoe Club In 1999 we first approached Town Council about starting a Dragon Boat Club in Cobourg. Town Council has always been supportive of the CDBCC and endorsed us as we offered