HomeMy WebLinkAboutOctober 01, 2009 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
October 1, 2009
7:00 p.m.
Page
1.CALL TO ORDER
2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a)Minutes of the regular meeting of council held September 17, 2009.
(b)Added Item(s)
4.DELEGATIONS
(a)7:30 p.m. Matthew Redsell regarding zoning and by-law
(b)7:45 p.m. Wanda Hoshall regarding Estherville Cemetery
5.INFORMATION ITEMS
(a)Correspondence from Local Authority Services Ltd. regarding "Town Hall Sessions
2009-2010".
File: A01
(b)Correspondence dated September 21 and 22, 2009 from Association of
Municipalities of Ontario regarding "AMO Releases Draft Paper: Seeking Joint and
Several Liability Reform" and "Provincial Government Hosting Sessions on
Broadband Funding".
File: A01
(c)Correspondence dated September 18, 2009 from Ministry of the Environment
regarding "agricultural use of non-agricultural source materials as a nutrient".
7-23
25-26
27-28
29-31
33-34
Page 1 of 165
Council Agenda October 1, 2009
Page
5.INFORMATION ITEMS
File: A16
(d)Correspondence dated September 8, 2009 from Minister of Fisheries and Oceans
regarding "muinicipal drain repair and maintenance".
File: A16
(e)Correspondence dated September 15, 2009 from The Ontario Aggregate Resources
Corporation regarding "Licence Fee Disbursement under the Aggregate Resources
Act".
File: D05
(f)Correspondence from Ministry of Agriculture, Food and Rural Affairs regarding
"Proposed Harmonized Sales Tax (HST) Benefits for Ontario's Farmers".
File: A16
(g)Notice from Elgin Business Resource Centre regarding "holding office hours at the
Bayham Municipal Office".
File: A01
(h)Correspondence dated September 16, 2009 from Town of Aylmer regarding "Port
Burwell Harbour - Potential International Ferry Service".
File: A16
(i)Correspondence dated September 22, 2009 from Township of Malahide regarding
"Ferry Service".
File: A16
(j)Correspondence from Clean Farms Ontario regarding "Ontario pesticides, livestock
medicines and used sharps collection program".
File: A16
(k)Otter Valley Chamber of Commerce / Municipality of Bayham Liaison Committee
minutes of meeting held September 8, 2009.
File: C06
(l)Correspondence dated September 18, 2009 from Ontario Municipal Knowledge
Network regarding "OMKN Seeks Your Input to Municipal Website Development
Initiative".
File: A01
35-36
37
39-40
41
43
45
47-48
49-50
51
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Council Agenda October 1, 2009
Page
5.INFORMATION ITEMS
(m)Correspondence dated September 15, 2009 from Long Point Region Conservation
Authority regarding "2008 Annual Report".
File: A16
(n)Correspondence received from Robin Devine regarding "Ontario Provincial Police
100th Anniversary Watch".
File: A01
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2009-38 regarding Phillips Consent Application E55/09.
File: D10.09 PHILLIPS
(b)Staff Report D2009-39 regarding Blondeel Consent Application E58/09.
File: D10.09 BLONDEEL
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report PW2009-18 regarding Winter Control Contracts 2009/2010.
File: L04
(b)Staff Report PW2009-19 regarding Budgetary Update - Capital - 2009.
File: F05
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Correspondence received September 28, 2009 from Port Burwell Home Hardware
requesting permission to place a garbage dumpster in front of the Home Hardware
building for approximately 4 weeks.
File: C13
(b)Correspondence received September 24, 2009 from Otter Valley Chamber of
Commerce regading "parking in Port Burwell".
File: C13/P01
53-56
57-58
59-69
71-82
83-88
89-91
93
95
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Council Agenda October 1, 2009
Page
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(c)Discussion regarding Vessel Based Rescue demonstration.
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #7162 to Cheque #7232 inclusive, except Cheques
#6987 and #7172 totaling $1,376.753.77 and Payroll Disbursements for the period
ending August 9 & 23 and September 20, 2009 totaling $62,174.47, $61,423.19 and
$51,448.18 respectively.
(b)Correspondence dated September 14, 2009 from Union Gas regarding "Ontario
Energy Board application".
File: E06
(c)Staff Memorandum regarding Potential Excavation Works - Glen Erie Line at
Estherville Cemetery Area.
File: S09
(d)Staff Report C2009-23 regarding Coastal Processes Study - SCH Agreement.
File: F05
(e)Staff Report regarding Community Adjustment Fund Letter of Offer.
File: F05
(f)Staff Report regarding Creative Communities Prosperity Fund. (not available at time
of publishing)
10.ENVIRONMENT
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Out of Camera.
97-112
113-120
121
123-124
125-126
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Council Agenda October 1, 2009
Page
12.BY-LAWS
(a)By-Law 2009-113 A By-Law to authorize the execution of a contract (Fisheries
and Oceans Canada)
(b)By-Law 2009-115 A By-law to authorize the execution of an agreement (CAF)
(c)By-Law 2009-114 A By-Law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
127-140
141-163
165
Page 5 of 165
Page 6 of 165
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
September 17r2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 17,2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor
Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle
Kruger and Deputy Clerk Margaret Underhill.
Public Works Manager Gerry LeMay andFire Chief / By-Law Enforcement Offrcer Paul
Groeneveld were in attendance to present their respective reports.
1. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECT'NIARY INTEREST & THE GENERAL NATURE
THEREOF
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA.ITEMS
(a) Minutes of the regular meeting of council held September 3,2009.
2009-454
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TIIAT the minutes of the regular meeting held September 3,2009 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:05 p.m. Doug Lester representing Chamber of Commerce regarding Bayham -
Elgin Business Expo update and invitation and request for use of Municipal sign to
advertise.
Page I of 17
Minutes of the regular meeting of council held September 17,...
Page 7 of 165
Council Minutes September 17,2009
Doug Lester was present and advised Council that the Economic Liason
Committee is working on organizing a Business Expo to be held October 24,2009
from l:00 - 5:00 p.m. at the Straffordville Communþ Centre with26
vendors/exhibitors expected to attend to date. He advised that most attendees are
from Bayham but some are from our borders and it would be appreciated if the
municipal sign could be used to advertise.
2009-455
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council grants permission for the Chamber of Commerce to use
the Municipal sign as requested subject to Municipal needs."
CARRIED UNANIMOUSLY
O) 7:15 p.m. Doug Lester regarding Harbour Committee Update, Request for Council
to budget for ongoing harbour maintenance and to establish a fonnal Municipal
Harbour Committee.
Doug Lester was present also to speak on behalf of the communþ Harbour
Committee. He updated Council on the prop washing that took place September I
- 4,2009. He thanked Council and stafffor the initiative for the works to be
done.
He requested that Council consider ongoing harbour maintenance funds in the 2010
budget. He stated that the group had raised $19,000 and that Council had
committed $20,000 to the cause in 2009. Council members commended the
commiftss and staff on their efforts in getting the prop washing done and at a low
cost.
Mr. Lester noted the request to establish a Municipal Harbour Committee would
include consideration for representation from Council, the Chamber of Commerce,
the communrty and municipal staffwho would address not only emergency
concerns, but harbour and pier esthetics.
2009-456
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
PageZ of 17
Minutes of the regular meeting of council held September 17,...
Page 8 of 165
Council Minutes September 17,2009
"THAT the request for harbour maintenance be referred to 2010 Budget
discussions."
"THAT staff be directed to draft Terms of Reference for a Harbour
Committee for Council consideration.tt
CARRIED UNANIMOUSLY
7:19 p.m. Matthew Redsell regarding rüindmills and Zoning. (Item 8d)
Matthew Redsell was present to provide infonnation regarding windmills and
sustainable lifestyle. He encouraged council to look to the fi,rture & renewable
energy needs
7:35 p.m. Wanda Hoshall regarding Estherville Cemetery
Wanda Hoshal requested to know the status of the Csinos charges to which
Administrator Kruger stated that it is working its way through the court system.
ln response to Ms. Hoshal's inquiry to the Boundaries Act, Adminishator Kruger
responded that he is still waiting for more infonnation.
Council discussed investigating the dowsing of Glen Erie Line road allowance west
of Plank Road as Ms. Hoshal's presentation suggests that a portion of the cemetery
may be within the road allowance. After some discussion it was suggested that
staffcontact the Cemeteries Branch and inform them of the interest in excavating
the road allowance and request their comments.
5. INFORMATION ITEMS
Copy of resolution passed Júy 27,2009 by the Town of Amherstburg regarding
MPAC Evaluation of Solar energy Development".
File: C10
Copy of resolution passed July 13, 2009by the Town of New Tecumseth
regarding "Harmonization of Taxes".
File: C10
Correspondence dated August 12,3I, September 3 and 10 f¡om Association of
Municipalities of Ontario regarding "AMO Welcomes Court Decision on Bank
Tower Assessment", "Survey on Active Transportation Policy in Ontario", "Funding
for Broadband in Rural and Northern Ontario Available" and "Continuous
(c)
(d)
(b)
(a)
(c)
Page 3 of 17
Minutes of the regular meeting of council held September 17,...
Page 9 of 165
Council Minutes September 17,2009
Improvement Fund".
File: A0l
(d) Correspondence dated September 2,2009 from Local Authority Services Ltd.
regarding "New Solar Photovoltaic (PV) Program Now Available to all Ontario
Municipalities".
File: A0l
(e) LAS / MFOA Event Reminder regarding "Municipal Investrnent Basics Seminars".
File: Fl2
(Ð Ontario Good Roads Association Heads Up Alert regarding "Public Review
Period: Accessible Built Envi¡onment Standard".
File: 401
(g) Correspondence dated September 1,2009 from the Canadian Union of Public
Employees Ontario and the Ontario Coalition for Better Child Care regarding
"Child Care Worker &Early Childhood Educator Appreciation Day".
File: 401
(h) Correspondence received September 4, 2009 from Ministry of Agriculture, Food
and Rural Affairs regarding "Premier's Award for Agri-Food Innovation
Excellence".
File: A'16 lM02
(r) Correspondence dated August 24,2009 from Ministry of the Environment
regarding "setback distances for wind turbines".
File: 416
(j) Correspondence dated August 24,2009 from Ministry of Environment regarding
"the Great Lakes - St. Lawrence River Basin Sustainable Water Resources
Agreement".
File: 416
(k) Correspondence dated August 28,2009 from Ministry of Labour regarding
"extending presumptive coverage for volunteer and part-time fuefighters".
File: 416
(l) Museums BaÈam draft minutes of meeting held August 12,2t09.
File: C06
(m) Bayham Historical Society draft minutes of meeting held June 11,2009.
File: C06
(n) Notice of lnformation session being held October 14,2009 at the St. Thomas
Seniors Centre regarding "a collaborative approach to reducing povert¡/".
File: A.04
Page 4 of 17
Minutes of the regular meeting of council held September 17,...
Page 10 of 165
Council Minutes September 17,2009
(o) News Release dated August 15,2009 regarding "Rodney Stafford's 3400 km Ride
For Tori".
File: C13
(p) Correspondence received August 27 ,2009 regarding "Restorative Justice Week
2009".
File: C13
(Ð OPP News Releases dated Aug. 26, Sept. 9 & 11, 2009 regarding various
incidents.
File: P17
G) Conespondence datedAugust 19,2Cf9fromAIM PowerGenregarding "Wind
Turbines".
File: D03
G) Correspondence dated August 26,2009 from Hydro One regarding "Great
Refrigerator Roundup Program".
File: 806
(t) Elgin St. Thomas Public Health Unit newsletter dated Summer 2009 regarding
"Lifestyle Link".
File: M07
(u) Public Sector Group of Funds (the One Funds) Quarterly Update for 2nd Quarter
2009.
File: Fl2
(v) Correspondence dated September 10,2009 from Charles Beer regarding "Update
- Review of the Accessibility of Ontarians with Disabilities Act".
File: Ll l
(w) Elgin County Matters newsletter dated September 2009.
File: A16
(x) Lake Erie Region Source Protection Committee minutes of meeting held August 6,
2009.
File: E00
(V) Copy of conespondence dated August 18, 2009 from Land Use Council to the
Honorable Donna Cansfield regarding "proposed species habitat regulation".
File: 416
(z) Conespondence dated August 27,2009 from Community Schools Alliance
regarding "Community Schools Alliance Resolution".
File: 401
(aa) Conespondence dated September 8,2009 from Lupus Foundation of Ontario
Page 5 of 17
Minutes of the regular meeting of council held September 17,...
Page 11 of 165
Council Minutes September 17,2009
regarding "October is Lupus Awareness Month".
File: 401
(ab) Royal Canadian Legion invitation to Mayor and Members of Council regarding
"Legion Week".
File:Cl3
2009-457
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information itesm 5(a) through 5(ab) be received for information."
CARRIED UNANIMOUSLY
2009-4s8
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TH,A,T correspondence dated August 2712009 from Community Schools
Alliance be received;
WIIEREAS communities across Ontario are concerned with the
Accommodation Review Committee process and the impact this flawed
process has on the socioeconomic fabric of our municipalities;
AND WHEREAS many schools are the hubs of their communities, a better
accomodation review system is needed to address the educational facility
needs of our residents;
AND WHEREAS a system to address the educational facility needs in
Ontario must ensure that school boards and municipal councils partner on
decisions regarding education infrastructure;
AND WHEREAS greater accountability for school board decisions is
needed;
AND WIIEREAS a thorough review of the governance model for
school accomodation decisions must include an opportunity to appeal these
decisions;
AND WHEREAS the accomodation review process should respect and
value the input of students, parents, the community and municipality;
Page 6 of 17
Minutes of the regular meeting of council held September 17,...
Page 12 of 165
Council Minutes September 17,2009
THEREFORE BE IT RESOLVED that the Province of Ontario be
petitioned to implement a "smart moratorium'f on disputed school closings
to provide the opportunity for the Ministry of Education, school boards and
municipalities to work together to develop policies addressing such issues
as planning for declining enrolments, a mutually agreed upon Accomodation
Review Committee process, a review of funding to rural and small
community schools, and transparency and accountability between
municipalities and school boards.r'
CARRIED UNANIMOUSLY
6" PLANNING. DEVELOPMENT. RECREATION & TOURISM
(a) Correspondence dated September 14,2009 and Report from Norfolk County
regarding "Ontario's South Coast Tourism Region".
File:A'16
2009-459
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Correspondence from Norfolk County regarding Ontariors South
Coast Tourism Region be received;
AND THAT the Municipality of Bayham support the establishment of
Ontario's South Coast as an ofTicial Tourism Region within the Province of
Ontario;
AND TIIÁ.T staffbe directed to write the Minister of Tourism expressing
the municipality's desire to participate fully in the Ontariofs South Coast
official tourism region."
CARRIED UNANIMOUSLY
7. ROADS. AGRICULTURE & DRAINAGE
(a) Staff Report PW2009-17 regarding Salt Conhact2009 - 2011.
File: L04
2009-460
Moved by Councillor E Ketchabaw
PageT oflT
Minutes of the regular meeting of council held September 17,...
Page 13 of 165
Council Minutes September 17,2009
Seconded by Councillor W Casier
"THAT StaffReport PW2009-17 regarding Salt Contract 2009-2011 be
received;
AND THAT staffbe authorized to accept the prices received from Sifto
Salt, being $59.55 per metric tonne delivered for 200912010 and $61.40 per
metric tonne delivered lor 201012011 plus applicable taxes and continue the
contract for the next two years."
CARRIED UNANIMOUSLY
(b) StaffMemorandum regarding Glen Erie Line Stabilization Works - Scope and
Observe(s).
File: T04
2009-461
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT StaffMemorandum regarding Glen Erie Line Stabilization Works -
Scope and Observer(s) be received."
CARRIED UNANIMOUSLY
(c) Discussion regarding traffrc concerns and request for Elgin County to install
reduced speed limit signage along Eden Line (County Rd 44) in the Hamlet of
North Hall between Hwy 3 and Culloden Road.
2009-462
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Elgin County be advised of traffic concerns on Eden Line (County
Road ff44) in the Hamlet of North Halt and requested to reduce speed
limits between Highway #3 and Culloden Road."
CARRIED UNANIMOUSLY
8. PROPERTY. BUILDING & PROTECTTVE SERVICES
Page 8 of 17
Minutes of the regular meeting of council held September 17,...
Page 14 of 165
Council Minutes September 17,2009
(a) Building Pennit Report for month ending August 3I,2009.
File: PlO
2009-463
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Building Permit Report for month ending August 31' 2009 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report P2009-027 regarding Open Air Buming By-law.
File: POl
2009-464
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT StaffReport P2009-027 regarding Open Air Burning ByJaw be
received;
AND THÄT staff be directed to issue burn permits for up to a two year
period, and that on all such permits, the applicant be directed to contact the
MOE for any direction regarding acceptable naterials;
FURTIIER that atl enforcement with respect to acceptable materials be
referred to the MOE.rf
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding Eden Community Centre Repairs and Designated
Substances.
File:420
2009-46s
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
'TTHAT StaffMemorandum regarding Eden Community Centre Repairs
and Designated Substances be received for information;
Page 9 of 17
Minutes of the regular meeting of council held September 17,...
Page 15 of 165
Council Minutes Sepember 17,2009
A¡lD THAT staffbe directed to commence with the necessory repairs and
asbestos management plan as outlined in report PR 2009-11.'r
CARRIED I.INANIMOUSLY
(d) Conespondence from Matthew Redsell regarding "Small residential windmills".
File: Cl3
2009-466
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"TIIAT Correspondence from Matthew Redsell be received for
information."
CARRIED UNANIMOUSLY
9. FINA}{CE. ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#7066 to Cheque #716I inclusive, except Cheques
#7054 and#7127 totaling $266,939.85 and Payroll Disbursements for the period
ending Sept. 6, 2009 totaling $44,050.87. Payroll Disbursements for the period
ending Aug. 9 &,23,2009 not available at time of publishing.
2009-467
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
I'THAT Cheque Register being Cheques #7066 to Cheque #7161inclusive,
except Cheques #7054 nd#7127 totaling $266'939.85 and Payroll
I)isbursements for the period ending Sept 6,2009 totaling $44,050.87 be
approved.tt
CARRIED UNANIMOUSLY
(b) StaffReport F2009-38 regarding Water lnfrastructure Project.
File: L04
2009-468
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
Page 10 of 17
Minutes of the regular meeting of council held September 17,...
Page 16 of 165
Council Minutes September 17,2009
I'TIIAT StaffReport F2009-38 regarding Water Infrastructure Project be
received;
AND TIIÁ,T By-law 2009-108, being a bylaw to authorize the execution of
¡ loan agreement between the Municþality of Bayham and Royal Bank of
Canada, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) StaffReport F2009-39 regarding Financial Report to September 10, 2009.
File: F03
2009-469
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT StaffReport F2009-39 regarding Financial Report to september
10, 2009 be received for information.rr
CARRIED UNANIMOUSLY
(d) Correspondence dated September 2,2009 from Rural Ontario Municipal
Association regarding "changing the tenn of offrce ûom four year to two year for
Board of Directors, Chair and Vice-Chairs".
File:404
2009-470
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Correspondence dated September 212009 from Rural Ontario
Municipal Association regarding "changing the term of office from four
year to two year for Board of Directors, Chair and Vice-Chairs be
received;
AND TIIAT the Mayor be directed to approach other rural municipalities
for support."
CARRIED UNANIMOUSLY
Page 11 oflT
Minutes of the regular meeting of council held September 17,...
Page 17 of 165
Council Minutes September 17,2009
(e) Conespondence received August 5,2009 from Jon K¡ohe requesting permission
to hold a wedding ceremony at Memorial Park in Port Burwell September 25,
2010.
File: Cl3
2009-47r
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence received Äugust 5,2009 from Jon Krohe be
received;
AND THAT permission be granted to use the Memorial Park in Port
Burwell on Saturday, September 25,2010 between 2:00 p.m. and 4:00 p.m.
subject to:
. provision of proof of liability insurance coverage naming the
Municipality of Bayham as an additional insured, in the amount of $2
million, and
o clean up and repair of any damage to the park area be the
responsibility of the organizers."
CARRIED UNANIMOUSLY
(0 staffReport F2009-37 regarding Infrastructure Stimulus Fund Agreement.
File:F05
2009-472
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"TIIAT StaffReport F2009-37 regarding Infrastructure Stimulus Fund
Agreement be received;
AND THAT ByJaw 2009-107,being a bylaw to authorize an agreement
between the Municipality of Bayham and Her Majesty the Queen in Right
of Ontario regarding the Infrastructure Stimulus Fund, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
(g) Correspondence dated August 31,2009 from Long Point Region Conservation
Authority regarding "2009 LPRCA Planning and Regulatory user Fees and
Page 12 offi
Minutes of the regular meeting of council held September 17,...
Page 18 of 165
Council Minutes September 17,2009
Pennitting Process".
File:416
2009-473
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TIIAT correspondence dated August 31,2009 frorn Long Point Region
Conservation Authority regarding 2009 LPRCA Planning and Regulatory
User Fees and Permitting Process be received for information."
CARRIED UNANIMOUSLY
(h) Correspondence and invoice from Town of Aylmer regarding "Doors Open East
Elgin".
File:A'04
2009-474
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Town of Aylmer regarding I)oors Open East
Elgin be received for information;
AND THAT the invoice from Town of Aylmer regarding I)oors Open East
Elgin contribution be approved for payment."
CARRIED UNANIMOUSLY
(Ð StaffReport F2009-40 regarding RED and CAF Fund Agreements.
File: F05
2009-475
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
'TTHAT StaffReport F2009-40 regarding RED and CAF Fund Agreements
be received;
AND THAT By-law 2009-109, being a bylaw to authorize an agreement
between the Municipality of Bayham, Otter Valley Chamber of Commerce,
and Her Majesty the Queen in Right of Ontario regarding the Rural
Page 13 of17
Minutes of the regular meeting of council held September 17,...
Page 19 of 165
Council Minutes September 17,2009
Economic Development Fund be presented to Council for enactment;
AND THAT Council confirm its intent to proceed with the Ferry Service
Feasibility and Impact Study and intent to access CAF funding for the
project."
CARRIED UNANIMOUSLY
û) MemorandumC2ù09-l2regarding Marriage Officiant.
File: L04
2009-476
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Memorandum C2009-12 regarding Marriage OfÏiciant be
received;
AND THA,T staffbe directed to take the necessary actions to put the
services of Marriage Officiant in place."
CARRIED UNANIMOUSLY
(k) StaffReport C2009-02lregardingMuseumMission&Vision.
File:401
2009-477
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"TIIAT StaffReport C2009-21regarding Museum Mission & Vision be
received;
AND THAT Council approves the recommendations from the Museums
Bayham Board regarding the Edison Museum of Vienna mission and
vision;
AI\D THAT By-Law 2009-110, being a by-law to further amend By-Law
2006-003, be presented to Council for enactment.rl
CARRIED UNANIMOUSLY
Page 14 of 17
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Page 20 of 165
Council Minutes September 17,2009
0) Request for discussion regarding Thames Valley School Bus issues.
2009-478
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"TIIAT the Municþality of Bayham support the September 15' 2009
resolution of the County of Elgin respecting school bus issues;
AND THAT Southwestern Ontario Student Transportation Services, the
Thames Valtey District School Board, Minister of Education, and MPP
Steve Peters be advised ofthis support."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-479
Moved by Councillor E Ketchabaw
Secondedby Deputy Mayor C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the \ilhole at 9:53 p.m. to discuss:
. labour relations or employee negotiations;
o advice that is subject to solicitor-client privilege, including
communications necessary for that purpose.tt
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 3,2009.
(c) Confidential memo regarding litigation or potential litigation.
(d) Confidential verbal report regarding labour relations.
(e) Out of Camera.
Page 15 of 17
Minutes of the regular meeting of council held September 17,...
Page 21 of 165
Council Minutes September 17,2009
2009-480
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:14 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS .
(a) By-Law 2009-107 A By-Law to authorize the execution of an agreement
(Infrastructure Stimulus Fund)
(b) By-Law 2009-108 A By-Law to authorize the execution of a loan agfeement
(Royal Bank of Canada)
(c) By-law 2009-109 A By-law to authorize the execution of an agreement (Rural
Economic Development Program)
(d) By-Law 2009-110 A By-Law to further amend By-Law 2006-003 (Goverance
and Stucture for the Museums Bayham Board)
2009-48r
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
I'THAT By-Laws 2009-107,2009-108' 2009-109 and 2009-110 be read a
first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2009-111 A By-Law to confirrn all actions of Council
2009-482
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"TIIAT confirming By-Law 2009-111 be read a firsÇ second and third time
and finally passed."
CARRIED UNANIMOUSLY
Page 16 of 17
Minutes of the regular meeting of council held September 17,...
Page 22 of 165
Council Minutes September 17,2009
2009-483
Moved by DePutY MaYor C Evaniski
Secondedby Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 10:15 p'm'"
CARRIED T.JNANIMOUSLY
MAYOR
PagelT ofIT
Minutes of the regular meeting of council held September 17,...
Page 23 of 165
Page 24 of 165
Mat Redsell
P.O. Box 18
Port Bunvell Ontario
NOJ lTO
Sept26,2009
Please copy and dist¡ibute to
LynnAcre, CliffEl'anitski, MarlcTaylor, rùhyne Casie,r, Ed Ketchabaw Kyle Knrger and Paul
Groeneveld.
Presentation to Council October 1,2009
Also sent to Al Spicer; Around about Bay{rarn, Beacon, Aylmer E4press, Sean Hurley and interested
parties etc.
I am incensed and also very concerned atthe lack ofresearch by the council members on the topic of
my windmill installation at the council meeting on Sept 17,2009. The council members, specifically
Mark Taylor, tore into me and then later in the meeting scoffed at my propos¿ls obviously quite
oblivious of the facts as mandated in the Green Energy act by the province.
The councilors did read my material and did not do any basic research before launching this onslaugtrt.
The displayed ignorance and discriminatory views displayed here are precisely why the province has
mandated that the municipalities no longer have the rigbt to require a zoning change for a renewable
energy project Our councilors should be ashamed of their behavior. How can Mark Taylor represent
us and make rationals decisions whe,n he did not resea¡ch the facts read my material and do the
required homework?
I wrote the councilors two years ago (which was obviously neglected) with the basic information that
the municipality should be concemed with buildings codes not zoning issues for the windmill. I
updated it at the last meeting in sept 2009. The mayor and councilors did not want to be confused by
the facts which ifthey had looked are so easy to find on the Internet by any fourfh grader under "green
energy and zoningl'. They would h¿ve been given thousands of responses from lawyers and
government agencies stating that indee.d municipalities do not and will not have the authority to
demand azonrngchange for renewable energy. My leüers where obviously not heeded nor any
research done on this matter and this should be quite an embarrassment the mayor Lynn Acre and
councilors to discover that my talk was indeed right on the money andthey should have been listening
instead of atacking me.
There have been no iszues of any kind with my very successfi¡l windmill installation but no one from
council has bothered to confirrn this. My pilot project was and I quote 'to determine the suitabilþ of
personal windmills being established in urban and more specifically in residential areas ofthe
municipality". I think if you put someone in charge that has the abilities to judge this properly you
would send Bill Knifton downto investigate.
Here was the nrayors chance to show that indeed we could have been atthe forefront of renewable
wind energy but instead the council and mayor has relegated Bayham to an ineffective backwater run
by discriminatory uniformed councilors who are more interested in fairies!
7:30 p.m. Matthew Redsell regarding zoning and by-law
Page 25 of 165
Norv listen carefully and think beforr you respond! onthe issue of Paul
Groenevelds notice of violation given to me is again compietely oblivious ofthe precedents and cases
already rvon in Toronto and Ottawa. Should he not have done his homework?? I even sent him the
material but he chose to disregard any facts and persists on his mission to intimidate and abstain from
any discussion. If he had read the cases I sent him and he rulings he would have rcahzed that indeed by
the charter ofrights you cannot discriminate against me for issues of aesthetics. I am certainly not
opposed to taking suggestions from neighbours on my property and have stated this to Paul in my letter
of July 8,2009 quite some time ago. I even gave Paul a tour vvhich he used just to right dorvn all the
things that he felt where illegal and nothing to do with anything positive nor related to any specific
complaints. I shongly suggest you do some proper research on this issue.
Why is no one listening on Council? Does this not raise the issue ofjust how we can be represented by
councilors who in my case did not read their material, did not do any resea¡ch or act with a vision to
our fl¡t¡re?
I demand an apology from our Council and the mayor for their lack of research and their neglect of
the material I have sent them. A letter of apology and a willingness to t¿lk about these issues would
go a long way to preventing my impending litigation.
MatRedsell
7:30 p.m. Matthew Redsell regarding zoning and by-law
Page 26 of 165
Whether you are municipal staff or an elected official, join us to learn about existing
and new program/service offerings from AMO/LAS. These no-cost sessions are your
chance to learn how to leverage our experience, programs, and leadership
so you can do more for your municipality.
Session Schedule:
9am - 10:15 - Monitor Energy and Plan to Succeed with ¿AS' EMT and Energy
Management Planning Tool
We will introduce our new Energy Planning Tool (EPT) and outline how it will help your organization
meet the regular reporting requirements outlined in the Green Energy Act. We will also demonstrate
our successful Energy Management Tool (EMT) and discuss how this web-based software can help
municipalities of all sizes save money through active monitoring and benchmarking of electricity,
natural gas, and water accounts. The tool can also help municipalities meet corporate environmental
stewardship goals including GHG reductions.
l0:30 - 11:15 - Leveraging the Green Energy Act - IAS Solar Photovoltaìc Project
LAS now offers a tumkey renewable energy project solution to all interested municipalities. Discover
how the installation of solar PV anays on an existing municipal facility can provide a long-term
revenue source for your organization by selling green energy into the Ontario electricity grid. This
program also provides a great opportunity to educate your community about the benefits of
sustainability and green power.
11=15 - l2:00pm - tAS Natural Gas and Electricity Program
More than 160 municipalities take part in the LAS Electricity and Natural Gas Procurement Programs.
This session will provide current members with an update of both programs (including progmm
savings), and will also provide an overview of program benefits and the enrollment process for
municipalities that do not yet participate.
Networking lunch provided!
1:00 - 2:00pm - Municipal lnformation & Data Analysis Sysfem (MIDAS)
Learn about recent uoorade to MIDAS, including the integration of the graphic/reports and mapping
sections, and the incorporation of Microsoft's Virtual Earth into the GIS software. MIDAS is a web-
based query and analysis toolthat converts raw Financial lnformation Return (FlR) data into
meaningful reports, graphic presentations, thematic mapping, and cartographic printing. MIDAS is a
toolthat can benefit all municipalities as it makes municipal benchmarking convenient and fast.
2=00 - 3:00pm - Federal Gas Tax Program Update
This update will advise you of the relevant changes to the Federal Gas Tax funding arrangement for
the period of 2010 to 2014, and will provide an update on the focus and purpose of the program going
forward. Hear about some progressive projects that are helping municipalities undertake solid,
informed infrastructure financial planning.
A"H;
Hall Ses
2OO9.20lO
Correspondence from Local Authority Services Ltd. regarding ...
Page 27 of 165
2009-1 0 Town Hall lnformation/Update Sessions
These sessrons are no-cost but we require pre-registration for all attendees.
Times: 9:00am - 12:(N noon and 1:00pm - 3:00pm - lunch will be provided
Thursday,
October 8, 2009
City of Dryden
Dryden City Hall
30 Van Horne Ave
Dryden P8N 247
(807t223-1147
! n¡¡!pu
REVISED DATE!
Wednesday,
November 4,2009
City of Sault Ste.
Marie
Gity Hall- Council Chambers
99 Foster Drive - Level 3
Sault Ste. Marie P6A 5N1
17051 759-2500
E nlr¡!pu
Friday,
November 20,2009
Town of Bracebridge
Town Hall- Council Chambers
1000 Taylor Court
Bracebridge PlL 1Ro
(7051645-5264
Enu ! Prr¡
Thursday,
January 11,2010
Gity of Klngston
lnvista Centre
1350 Gardiners Road
Kingston K7P 0E6
(613\ s44-4442
Enu !pu
Thursday,
February 4,2010
Municipality of
Southwest Middlesex
Glencoe Arena Auditorium
138 MillSt.
Glencoe NOL 1M0
(5191 287-2015
! eut E Ptr,t
Thursday,
February 11,2010
Town of Grimsby
Elizabeth St. Pumphouse
447 Elizabeth St.
Grimsby L3M 3Kg
t905ì 94$9634
! a¡t¡Epu
Wednesday,
December 9, 2009
Via Webinar Sessfon details will be províded
to regístranús closer fo the date
nnu !pu
REGISTRATION DETAILS:
Name:Title:
Municipality:
Phone:Email:
Please FA)( registration form to AMO/LAS at (416) 971-6191 or
email to Susan at sallardyee@amo.on.ca
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, Ontario, M5H 3Co
416-971-9856 | Toll Free 1-877426-6527
www.amo.on.ca -- Msit the AMO and LAS websites .. www.las.on.ca
Correspondence from Local Authority Services Ltd. regarding ...
Page 28 of 165
MEMBER COMMUNICATION
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Fax: (416) 971-6191
E-mail: amo@amo.on.ca
ALERT No: 09/064
To the attention of the Clerk and Council
September 21,2009
FOR MORE INFORMATION CONTACT:
Matthew Wilson, Sen¡or Policy Advisor
(41 6) 97r -9856 ext 323
l-tr
HJJ
AMO Releases Draft Paper:
Seeking Joint and Several Liability Reform
lssue: A staff working group has prepared a draft paper seeking Joint and Several Liability
Reform.
Background:
Under the Neg/rgence Act, joint and several liability dictates that damages may be recovered
from any of the defendants regardless of their individua! share of the liability. For municipalities,
as a public organization with taxation power and "deep pockets", this means even a finding of
slight or minimal liability can result in responsibility for millions of dollars in damage awards,
especially in cases where other liable parties do not have sufficient assets. Municipalities are
targeted deliberately in some instances because of this reason. lt has resulted in steadily
increasing costs for municipalities, well out of proportion to actual responsibility and led some to
withdraw services to limit liability exposure.
ln support of advocacy on this issue, AMO established the Municipal Liability Reform Working
Group last year. Members of the group made a presentation at the August 2009 AMO Annual
Conference. Today the group presents a draft paper for municipal comment and feedback.
The AMO Board will consider a final version of the paper to be sent to the Attorney General.
Action: In support of efforts on this issue, municipalities are encouraged to provide:
- Examples of where services offered to the public have been cut or reduced as a
result of liability or risk management concerns;
- Examples of judgements awarded against municipalities where joint and several
liability was an issue or where out of court settlements were reached because of it;
and
- Thoughts and comments regarding the paper.
Please provide feedback to Matthew Wilson, Senior Policy Advisor at mwilson@amo.on.ca
by Friday October 16, 2009.
This information is available in the Policy /ssues secfrbn of the AMO website at www.amo.on.ca.
1-1 uun¡c¡par¡îl:ïJäii:."i aHo
Correspondence dated September 21 and 22, 2009 from Associat...
Page 29 of 165
Page 30 of 165
ah{Task Force - Update
omic Development 200 Un¡versity Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856
Fax (416) 971-6191
E-mail: amo@amo.on.ca
F
É
¡.IJJAssuci¡rlion of
580 Bruin Blvd,
Woodstock, Ontario
Telephone number: (519) 537-5586
To the attention of the Clerk,ALERT No: 09/065
September 22,2009Council, and Economic Staff
Provincial Government Hosting Sessions on Broadband Funding
The Ontario Government is hosting three information sessions to provide a general overview
of two recently announcement federal and provincial broadband infrastructure programs.
ln January 2009, lndustry Canada announced a $225 million program to extend broadband
coverage called Broadband Canada: Connecting Rural Canadians. On July 30, 2009, the
Ontario government announced funding of up to $32.75 million to support projects approved
under the federal program. The provincial co-investment will provide up to one-third of total
eligible costs for those projects that also meet Ontario's priorities and objectives.
Eligible applicants include the private sector or consortiums of companies, not-for-profit
organizations, and provincial entities that build and operate broadband infrastructure.
Municipalities are invited to participate in the sessions listed below. This initiative represents
an important opportunity for the continued expansion of broadband access in Ontario.
Contact Heidi Steffen-Petrie at (519) 826-6616 to confirm your attendance at one of the
following sessions:
Monday September 28,1:00 - 4:00 Tuesday September 29,1:00 - 4:00
Quality Hotel and Suites Conference Centre, Highwayman Inn and Conference Centre,
Wednesday September 30, l:00 - 4:00
Web-meeting and Teleconference
URL: http://dioitalontario. na3.acrobat.com/broadbandinfosession/
Teleconference number: (416) 620-9058 or 1-(866) 834-7689, code 9927768#
Additional program information is also available on the following websites:o Building Broadband in Rural and Northern Ontario Program:
http://www.omafra.gov.on.calenglish/rural/bbrno/index. htmo lndustry Canada:
htto://www. ic. gc.caleic/site/7 1 9. nsf/eng/home. Digital Ontario:
http ://www.d iq italontario. mqs. gov.on.cal
The deadline to submit applications is October 23,2009.
201 Woodside Drive,
Orillia, Ontario
Telephone number: (705) 326-7343
Association of
Municipalities of Ontario1-1 ^HO
Correspondence dated September 21 and 22, 2009 from Associat...
Page 31 of 165
Page 32 of 165
Ministry of the Environment Ministère de I'Environnement
zth Flooi 7ò'u étage
135 St. Clair Avenue West
Toronto ON M4V 1P5
Ministry of Agriculture, Food
and Rural Affairs
3d Floor
I Stone Road West
Guelph, ON N1G 4Y2
135 avenue St. Clair ouest
Toronto ON M4V'lP5
Ministère de I'Agriculture, de
I'Alimentation et des Æfaires
rurales
3h" étage
1 Stone Road ouest
Guelph (Ontario) N1G 4Y2
September 18, 2009
Dear Sir or Madam,
The purpose of this letter is to advise you of new rules relating to the management of
nutr¡ents in Ontario. The new rules apply to the agricultural use of non-agricultural
source mater¡als (NASM), which include yard waste, fruit and vegetable peels, food
processing waste, pulp and paper biosolids and sewage biosolids, as a nutr¡ent.
These rules enhance env¡ronmental protection. They build on the current Certificate of
Approval process by ensuring that conditions for land application are now standards
within regulations and focus on the quality of material. They include greater
consideration of the material quality and potential odour generation and will cover all
farms in Ontario where non-agricultural source materialwill be appl¡ed, as opposed to
just large livestock farms.
The requirements will take effect in two stages. Stage I changes will take effect
immediately upon filing of the regulation and consists of general requirements that
establish the framework. The general requ¡rements are needed to transition to the
requirements of the new system for managing NASM which take effect at stage 2
onJanuary 1,2011. Transition periods are also outlined within the regulation to assist
in moving from the current framework of approvals to the new requirements.
The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and Rural
Affairs (OMAFRA) consulted between September 7, 2007 and January 5, 2008 for 120
days on a plain language proposal, and again for an additional 30 days on the draft
regulations, which were based on the plain language vers¡on of the proposal. The
second consultation took place this past summer from June 29, 2009 to July 30, 2009 for
a total of 5 months of public consultation.
The responsibility for overseeing the framework is shared between MOE and OMAFRA.
OMAFRA is responsible for administering, training and certification of plan preparers
and approvals of NASM plans to confirm they meet requ¡rements. MOE will continue to
conduct compliance and enforcement activities under to the Nutrient Management Act,
2002, Environmental Protection Act and Ontario Water Resources Acf. Certificates of
Approval will be required for materials that do not meet the requirements of the General
Nutrient Management Regulation and, where required, for those generating and
transporting NASM under the Environmental Protection Act.
ln addition, there are new rules around the management and treatment of milking centre
washwater and amendments to requirements for on-farm mixed anaerobic digestion
facílities regulated under the NMA and the use of off-farm materials as a co-substrate.
Correspondence dated September 18, 2009 from Ministry of the...
Page 33 of 165
The amendments to anaerobic digestion will increase the quantity of off-farm material
allowed to be received and stored on a daily basis.
For further information on the new framework, including links to the revised regulation,
please visit the Environmental Bill of Rights Registry at: www,ebr.gov.on.ca (EBR #:
010-6515). Note that the revised regulation may only be available through the "Source
Law' link on the government's e-laws website for the time being at: www.e-
laws.qov.on.cal. Consolidation with the existing regulation is in progress.
If you have any additional questions, please contact either Sharon Johnston (OMAFRA)
at (519) 826-3118 or Michelle Whitbread (MOE) at (416) 314-9398.
We look forward to your continued support for Ontario's future efforts to maintain our
commitment to the protection of public health and the environment.
Sincerely,
Originat signed by John Vidan Director of Waste Management Policy Branch, Ministry of
the Environment and Peter Meerueld Director (Acting) of Food Safety and Environmental
Policy Branch, Ministry of Agriculture, Food and RuralAffairs.
Correspondence dated September 18, 2009 from Ministry of the...
Page 34 of 165
5
Minister of
Fisheries and Oceans
Ministre des
Pêches et des Océans
Ottawa, Canada K1A 0E6
sEP 0 I 2009
Mrs. Lynda Millard
Clerk
Municipality of Bayham
P.O. Box 160
Straffordville, Ontario
NOJ 1YO
Atc
Dear Mrs. Millard:
This is in response to your correspondence of April 8, 2009, forwarded to me by the
Prime Minister, concerning municipal drain repair and maintenance. I regret the
delay in responding.
Fisheries and Oceans Canada (DFO) has the mandate to conserve and protect fish
and fish habitat. To fulfill this mandate, the Department administers the habitat
protection provisions of the Frsheries Acf which prohibits, among other things, the
harmful alteration, disruption or destruction (HADD) of fish habitat, unless authorized
by DFO.
The responsibilities given to DFO through these sections of the Fisheries Acf include
the review of projects proposed in and around water. ln Ontario, these project
reviews are carried out in partnership with Conservation Authorities (CAs) that act as
the first point of contact for those submitting proposals for projects that may affect
fish and fish habitat.
Municipal Drainage Superintendents in Ontario submit "Notifications for
Maintenance" of municipal drains, or proposals for works such as installing culverts,
to the local CA. Most of these proposals are reviewed under a Fisheries Acf Class
Authorization process that the Department developed cooperatively with the
agricultural community.
The Class Authorization process for Municipal Drains is a streamlined process to
authorize, under Section 35(2) of the Fisheries Acf, impacts to flsh habitat resulting
from drain maintenance work. This approach allows for drain maintenance to
proceed in accordance with both the Ontario Drainage Act and the federal Fisheries
Act. ln many cases, drain maintenance applications are reviewed and receive the
necessary Fisheries Acf authorization within seven days.
The Ontario Ministry of Natural Resources (OMNR) manages Ontario's fisheries and
therefore has the responsibility for setting in-water work timing window guidelines
necessary to achieve fisheries management objectives. DFO uses OMNR timing
restrictions to set the conditions of Fisheries Acf authorizations that stipulate when
work must be carried out.
...12
Canad'ä
Correspondence dated September 8, 2009 from Minister of Fish...
Page 35 of 165
-2-
Typically, drain maintenance work is permitted during in-water timing restriction
periods (e.9. April 1 to June 15) only when assessments show drains are dry and it
is unlikely that important fish communities will migrate upstream or that young,
newly-hatched fish will move downstream during flow events. Othenryise, in-water
work resulting in a HADD is usually not authorized during this period.
The Department has developed and circulated publications, working directly with
proponents to inform them of mitigation measures to reduce impacts to fish and fish
habitat. ln-water timing restrictions have been communicated within the drain
maintenance community (Drainage Superintendents Association of Ontario, Ontario
Ministry of Agriculture, Food and RuralAffairs and Non-Government Organizations)
leading to drain maintenance work that is usually scheduled around these
restrictions.
ln exceptional circumstances where drain maintenance must be done during a
restricted in-water period, DFO staff assess the site-specific risk of undertaking the
maintenance. Where the risk to spawning, nursery or migratory habitat is low, the
maintenance is permitted.
The Department has offìces in London and Burlington. For the office nearest you,
please consult the DFO website at < http://wtvr.v.dfo-mpo.qc.ca/oceans-
>. lwould
encourage you to contact them for more information on the matters you have raised.
DFO appreciates your concern and is committed to working with municipalities,
contractors, and the agricultural community to carry out works or undertakings in a
manner which sustains healthy and productive aquatic ecosystems, of which drains
are an integral part.
Should you have questions on this issue, please contact Ms. Chantal Larochelle,
District Manager for Ontario Great Lakes Area-Southern District, at 905-639-2935 or
< Chantal. larochelle@dfo-mpo.qc.ca >.
Thank you for taking the time to express your concerns.
Sincerely,
Gail Shea, P.C., M.P.
c.c.: The Honourable Leona Dombrowsky, M.P.P.
Correspondence dated September 8, 2009 from Minister of Fish...
Page 36 of 165
{ï fr Tne OrrnRro Ace RecATE Resounces ConpoRnro¡¡
1001 Gnnrvrpr-lrN Averuue, SurrE 103, Bunlrlcroru, Orutnnro L7L 524
Ter:(905) 319-7424 Flx:(905) 319-7423 Tolr Fnee:(866) 308-6272
DÒ5
www.ToARc.coM
RECEISEPrI ,I,'D
September 75,2009
Attention: Municipal Clerk/Treasurer I Þ
Regarding: Licence Fee Disbursement under the Aggregate Resources Act 6 I t q L>
Enclosed is a cheque that represents payment of your share of the licence fees collected from
aggregate producers within your municipality. The amount of the cheque is based on aggregate
production that took place in 2008. If any outstanding fees were collected from prior years,
your share is included in this cheque as well.
Commencingin200T, the lower tier municipal portion of aggregate licence fees was increased
from $0.04/tonne to $0.06/tonne and the current disbursement is calculated on the revised rate.
For years prior to 2007 the disbursement remains at $0.04/per tonne and/or a portion of any
minimum fees collected.
V/hile the Aggregate Resources Act does not direct how your Municipality spends these funds,
the intent of the fee sharing arrangement was initiated to assist municipalities with road
maintenance and other administrative matters related to the management of local aggregate
resources.
If you have any questions please contact Mr. Rudy Vandewiele, Controller, or myself.
Yours truly,
MUNICIPATIIY OF BAYHAM
David J. Sterrett
President
encl.
Correspondence dated September 15, 2009 from The Ontario Agg...
Page 37 of 165
Page 38 of 165
I proposed Harmonized Sales Tax (HSÐ
Benefits for Ontario's Farmers
The 2009 Ontado Budget included a comprehensive tax
package that would, q¡hen enacted, provide tax cuts for
individuals, families and businesses to stteogtìen the
foundation for job creation ¿nd future economic
gtowth.
StartingJuly 7,2010, Ontado's Retail Sales Tax (RST)
would be converted to a value-added tax structue and
combined with the fedetal Goods and Services Tax
(GST) to cte te
^
siogle, fedetally âdministered
Harmonized Sales Tax (I{SÐ.
It is es ''nated that Ont¿do fatmets u¡ill save about $30
million anaually undet the HST on items that are
currently not exempt from the RST.
Fatmets would continue to pay no tax on the majotity
of inputs pwchased such as feed, seed, fetiTizet, farm
equipment and machinery which are currently point of
sale tax-exempt.
Undet the HST, Ontado's fa-e¡s would no lonçr pay
sales tax on many items such as trucks, þht vans and
parts, furniture, lawnmowets, computers, freezers and
other equipment. This would put Ontario farmers on a
mote level pl"fog freld rvith farmers in others
provinces that have harmonized sales taxes.
The HST would follow tle sa*e rules and structure as
the GST. F¿rmers who are cutrently remitting their
GST paperwotk would continue to do so and continue
to teceive inFut tax credits oû any applicable purchased
¡4¡ inputs.
r-\ \t,'
sEPlEilBER2oo9 t i [\(. .\
WHATIHE HSTWOULD DO FOR O]IITARIO FARM
It{PUTS
A. Most fatm inputs would continue to be zero
tated a¡d would be putchased without paylry
any tax.
Examples: feed, fertilizets, gtein bins and dryets,
seed, fa.- equipment ¿¡¡d n¿çhinsry, livestock
putchases, pesticides, quota and tractots gteatet than
60 hp.
B. Farm inputs that ate cutently ta:<ed with the
RST would be subiect to the HST and also be
elþible fot an offsetting input tax credit.
Examples: pick-up trucks used on the fatm,
computels and office equipment used in the fa.m's
business.
C. Fatm iñnuts that are exempt ftom the RST but
not the GST would be subiect to the single sales
ta:<, and dso be eligible for an input ta:< ctedit.
Examples: coottact wotþ freþht and trucking,
veterinaly fees and drugs, custom 5.srìingr machinery
lease and reotal, hand tools, fuel, oil and grease.
WHAT'S NEW
T]ne 2009 Onte¡io Budget announced temporadly restdcted
input tzx credits (ITCs) for large businesses, but excluded
the farm use ofenetgy.
In addition to tlre temporary ITC exception for energy,
farms with more than $10 million in annual taxable sales
would also not be subject the restrictions for:
o Telecommunication services othe¡ than internet access
or toll-ftee numbers;
¡ Road vehicles weighing less than 3,000 kilograms (and
parts arid certain services) and fuel to powet those
vehicles; and
¡ Food, bevetages and entertainment.
Ministry of Agriculture,
Food and RuralAffairs
Correspondence from Ministry of Agriculture, Food and Rural ...
Page 39 of 165
HST BENEFITS FOR ONTARIO'S FARMERS
. Farmers would experience â net dectease in
the sales tax tÏey pay undet the new ptoposed
HST.
. There would be about $30 million in neu¡
benefi.ts undet the HST.
. Ontario's farmers would no longer pay sales
tax oo many items such as trucks, Iight vans and
patts, frunitute, lawnmowers, computers,
freezers and other equipment.
o On
^ver^ge,
farmets would tealize about $600
annually in new benefits.
. No identification or Purchase Exemption
Certificates tequired at tle time of purchase.
. No extra paperwork; any input tax credits to be
claimsd rÃr'.¡¿ be part of the existi.g GST 61ing.
. Maûy farms would be eligible fot a small
business transition credit of up to $1,000.
Zeto x¡ted farm inputs mean that ptoducets would
pây no tax oû more th¿o $5.6 billioo wo¡th of items.
ADDITIONALTAX REDUCTION MEAS¡URES FOR AtL
ONTARIANS
r 93 per cent of Ontario tâxpayers would teceive a
petsonal income tâx cut.
¡ The coqpotate income tax (CIT) rate for
maaufactuting and ptocessing - which includes
income from farming - would be cut to 10 per
cent from 12 per cent.
¡ The small business CIT rate would be cut to
4.5 pet cent from 5.5 per cent.
o This comptehensive tax package iocludes both
temporâry and petmanent tax telief measwes
letrrling $10.6 billion over tluee yeats.
FREQUENTLY ASKED QUESNONS
a. Vill I have to fill out sepatate tax tetuflrs
when I apply fot GST/HST input ta:< ctedits
for the Z)10 ta:r year?
4,. No, all input tax ctedits would be çl¡imed on the
existi.g GST tetutn.
a. What is the ftequency fot frling e tex letuñn?
A. The filing ftequency for the HST would follow
the current GST ¡ules as dictated by the Canada
Revenue Agency.
a. WiIl I need to ptesent a fatmet ID catd when
making purchases?
A. No, fatmers u¡ill not be tequited to ptovide
identifrcations to purchase goods and services on
a zero rated basis.
ffow do I "ppþ for the small business
transition ctedit?
The details on the small business tr¿nsitioo credit
ate still being developed and u¡ill be shated as
sooo as mote information becomes available.
Will I pay mote ôales tax on my fatm busi¡ess
inputs?
No. Over all, you would pay less tax. Ontado
fatmets would save an estimated $30 million
annually on rew fatm inputs that would no longet
be subject to RST.
For Harmon¡zed Sales Tax enquiries:
a.
Â.
a.
Â.
Toll-free English & French:
Teletypewriter (TTY):
1€00-337-7222
1-800-263-7776
Correspondence from Ministry of Agriculture, Food and Rural ...
Page 40 of 165
l'r!
Elgin Business Resource Centre
will be holding office hours
9am to 4pm at the
Bayham Municipal Office
Straffordville, ON
Friday Oct 23 and Nov 20
Thursday Dec 10
- To counsel businesses and individuals
considering startin g a business with
business plan development
- To discuss loans for business
Call Debra 519 633-7597 to schedule an appointment
Walk-ins welcome as time allows
ELGIN
BUSINESS RESOURCE CENTRE
ß.L A Community Futures Development Corporation
Notice from Elgin Business Resource Centre regarding "holdin...
Page 41 of 165
Page 42 of 165
5
Proud Heritage. Bright Future.
The Corporation of the Town of Aylmer
46 Talbot Street, West, Aylmeç Ontario N5H U7
Offìce: 519-773-3164 Fax 519-765-1446
www.aylmer.ca
nTiixiD
frt¿
MUNICIPALITY OF BAYHAM
September 16 2009
Municipality of Bayham
P.O. Box 160
9344 Plank Road
Straffordville ON NOJ 1Y0
RE: Port Burwell Harbour - Potential lnternational Ferrv Service
At its meeting held on September 14,2009, the Town of Aylmer Council received your
communication dated September 4,2009 about the above noted matter, and resolved:
Resolution No.400-09
Moved by Councillor G. H. Richer and seconded by Councillor J .Vandermeersch:
That the communication dated September 4,2009 received from the
Municipality of Bayham requesting a financial contribution towards the
Feasibility and lmpact Study for the potential international ferry seruice
between Port Burwell and Fairport Harbour, Ohio, be received for
information.
Motion Carried
Yours truly,
Nancie J. lñing, CMO
Clerk, Town of Aylmer
Correspondence dated September 16, 2009 from Town of Aylmer ...
Page 43 of 165
Page 44 of 165
87 John Slreel South,
Aylmer, Ontorio NsH 2C3
Telephone: 5 I 9-773-5344
tox 519-773-5334
www.town sh i p. m o lo h ide. on. co A proud tradition, a brightfuture.
September 22,2009.
Municipality of B ayham,
Box 160,
9344 Plank Road,
Strafforciviiie, Ontario.
NOJ lYO
Dear Sirs:
RE: Ferry Service.
Thank you for your letter of September 4,2009 '
Malahide Township Council referred this matter to budget consideration.
Yours very truly,
TOWNSHIP OF MALAHIDEZæ
R. MILLARD, C.A.O./CLERK
\\malahidets.local\usersfiles$\diana\diana's files\Randy 2009\bayham - ferry service - sept lT doc
RANDATT R. MIILARD
C.A.O./Clerk
susAN E. wltsoN
Treosurer
lreosurer@lownship.molohide.on.co
Correspondence dated September 22, 2009 from Township of Mal...
Page 45 of 165
Page 46 of 165
Why should I participare ¡n the Clean
Farms Ontario collectíon programl
It is important that we all do our part to protect our
farms, our families, our health and the environment.
The safe disposal of obsolete pesticide products helps
protect human health and ensures that our soil and
water remain clean and healthy.
Animals shouid not be treated wìth expired
medications as product stability and potency may be
compromised, Proper disposal of unused animal health
products and used sharps is also impor-tantto help
prevent the potential for ground and surface water
contamination.
The Great Lakes are the laryest fresh water ecosystem
in the world and contain 20 percent of the world's
fresh surface water, Eight million Ontarians depend on
the Great Lal<es fortheir drinking water and the entire
Great Lakes Basin supports 25 percent of Canada's
agricultural production,
The bigger p¡cture
Pesticide collection programs have been run in Canada
by Cropl ile Canada since 1998. More than 270 000
kilograms of obsolete product have been collected
in Ontarìo during two campaigns in ?_001 and 2005,
Nationally, CropLife has safely collected and disposed
of more than 2.5 million kilograms of product.
This year marks the fìrst time that the program has
been expanded to include unused and expired aninral
health producls and used sharps, This is being done
on a trial basis in conjunction with a feasibility study
loolcing at long term, sustainable collection options,
For more information:
AGCare or the Onrar¡o Farm Animal Council:
www.agcare.org or www.ofac.o rg
st9-837-t326
The Ontario Ministry of Agriculture,
Food and Rural Affairs:
Agricultural lnformation Contact Centre
Toll Free: I -877 -424-1300
Local:519-826-4047
ag,info,omafra@ontario.ca
wwwomafra,gov.on.ca
Funding forthis program is provided by CropLife Canada and by
the Ontario Ministry of Agriculture, Food and Rural Affairs through
the Canada-Ontario Agreernent Respectingthe Great Lakes Basin
Ecosystem designed to protect water quaiity in the Gre¿t Lakes,
Clean Farms Ontario is also supported by:
AGCare, Canadian Animal l-lealth lnstitute, CropLife Canada,
Ontario Agri Business Association, Ontario Farm Animal Council,
and Ontario Veterinary l'4edical AssoCìaticn.
Obsolete pest¡c¡des,
livestock medicines and used
sharps collection program
Dispose of your obsolete pesticides,
unused animal health products and
used sharps in a safe, environmentally
respons¡ble mannen
Rt:,ili,ry 'c'sfree!
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What can I drop off at a
collection site?
Collectlon sites will accept obsolete pesticide
products, used sharps (needles, syringes, scalpel
blades) and unused livestock medicines. pesticide
products rnust have a PCP number in order to
be accepted lor disposal. Animal health products
must have a DIN numbeç or the words "vaccine,
bacterin, toxoid, antitoxin, antibody or dìagnostic',
and "Serìal Number", "Ser. No." or "Ser." rather
than the DlN,
What products are not accepted
in the collection?
We will not accept medìcated feed, premise
disinfectants, or pesticides and animal health
products in aerosol conlainers. We also wlll not
accept any household or human use items.
Clean Farms Ontario, October 20 - 22,2009:
Obsolete Pest¡c¡des, livestock medicines and used sharps collection program.
Collection locations
6 R¡br Craig: l-lensall District Co-operatíve
@ Arnprior: M&R Feeds and Farm Supply Ltd.
@ Bethanyr T-hompsons Limited
@ Brodhagen: Hoegy's Êalrn Supply Lid.
@ Courtland: Cargill AgHorizons
@ Dundalk: Huron Bay Co-operative
@ Harriston: North Wellington Co-operative lnc.
@ Kitchenerr GROWMARK lnc. - Distribution Centre
Q Lun."rt".: f4unro Agromart Ltd.
Q Nup.nu", O'Neill's Farrn Supply
@ Joraan Station: Vineland Gr.owers Co-operative Ltd.
(l Thornloe: Co-op Regionale - Tenriskaming Ag Centre
@ Orangeville: Holmes Agro L.td.
@ Thunder Bay: Thunder Bay Co-op Farm Supply
@ TitUury, Cargill Agl-{orizons
@ Vi"nna, Max Underhill's Ëarm Supply Ltd.
How can I bring product in?
Obsolete pesticides and unuseci liveslock
pharmaceuticals can be broughtto a collection
site in their original containers - you do not need
to repackage them for collection. Sharps can be
brought in a special sharps container or in your^
own sealed and secure storage container.
WE WILL NOT ACCEPT LOOSE SHARPS.
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5
Otter Valley Chamber of Commerce/Municipality of Bayham
Liaison Gommittee
Notes of Meeting
held September 8, 2009
Municipal Office, 9344 Plank Road
Straffordvi I le Ontario
Present:
Ouer Valley Chamber of Commerce - Doug Lester, Cheryl Lester
Municipality of Bayham - Lynn Acre, Kyle Kruger
1. Gall to Order:
The meeting was called to order and Chaired by Doug Lester.
2. Review of Minutes
Those in attendance reviewed the minutes of June 9th, 2009. No issues/questions were raised
with the minutes.
3. Business Arising from the Minutes
No items.
4. 2009 Projects/Action ltems Update
a) Business Expo
Those present discussed the Business Expo scheduled for October 24,2009 from lpm to 5 pm.
Doug Lester advised that there were 25 confirmed exhibitors to date, and three sponsors. Elgin
County had sponsored $600, Elgin Business Resource Centre $500, and the Municipality with
waiver of hall rental. Bev Wager and Sean Hurley will be helping with promotional
works/marketing. Mr. Lester further noted that 2 or 3 exhibitors planned to be outside, and
there is room for up to 30 exhibitors inside.
Details for the day include:
¡ SoÍre services/welcome for the exhibitors as well at guests
. social hour for exhibitors at close
. draws throughout the day
. welcome/IvIayor's address mid-afternoon (including greetings from sponsors)
There was further discussion regarding any obvious businesses that may be missing from the
exhibitor list.
b) Information Package
Cheryl Lester circulated a draft. Information Package for review and comment. Several
suggestions \ryere made, including the need to circulate to the County economic development
staff and the Elgin Business Resource Centre.
There was also discussion of the planned printing of a cover folder (for the Business
Information Package and other appropriate material). There was discussion of the number and
costs for various quantities. It was suggested there may be sufficient room in the 2009 Tourism
and Marketing budget for printing.
Otter Valley Chamber of Commerce / Municipality of Bayham Li...
Page 49 of 165
Kyle agreed to obtain pricing for 250 or 500 covers and proceed with a print order so that we
can have these for the October 24 Bayharr-Elgin Business Expo.
Doug will bring the files for material to Leann Walsh so that these can be sent to John Regan
and All Smith for enhancement and vetting.
5. Other ltems
a) Refreshment Vehicles
It was confirmed that Council had adopted a policy for the licensing of mobile refreshment
vehicles. The annual fee currently is $500.
b) International Plowing Match
There was no new information at this time.
c) RED and CAF Funding
Staff advised that funding had been confirmed for the ferry service Feasibility and Impact study
from the RED program(S}%) and CAF program (40%).
d) Beach Maintenance
Those present discussed beach maintenance and some areas to address. Items noted included
the post and rope project, tree trimming, identifuing old washrooms as changerooms, driftwood
to be removed, and recyoling containers. It was suggested there should be a committee of
volunteers for the beach area. It was also noted that there should be consideration for the future
operation of a marina for the harbour area.
e) Grey Gables
Questions were noted regarding assistance to Grey Gables to commence operating.
6. Adjournment
The meeting adjourned.
Next meetins October 13 at 7:00 pm.
Otter Valley Chamber of Commerce / Municipality of Bayham Li...
Page 50 of 165
5
Lvnda Millard
From: communicate@amo.on.caSent: Friday, September 18,2009 2:54PMTo: Lynda MillardSubject: OMKN NEWS (omkn.ca)
TO THE IMMEDTATE ATTENTTON OF THE CLERK, COUNCTL AND OMKN REGISTRANTS
OMKN SEEKS YOUR INPUT TO MUNICIPAL WEBSTTE DEVELOPMENT TNITTATIVE
The OMKN is interested 1n identifying innovation and l-eadership in the development of
municipal websites. In this regard, we are asking for your assistance in finding websites
that are transforming the way that focaf governments do business and that reflect
commitment to government transparency and to continuous improvement in service delivery.
If your municipal websiÈe meets these criteria or if you know of other websites that do,
we would appreciate hearing from you. Pl-ease reply to bmcl-eodGamo.on.ca.
OMKN TO TWITTER AND USE FACEBOOK FOR NOTIFICATION OF NEVü POSTTNGS
The OMKN has opened a new Twitter account to advise website registrants and users of new,
regular postings on "Municipal- Innovation News." The URL is: https://twilLer.com,/OMKN.
Contact:
Bruce Mcleod, OMKN Coordinator, AMO
(416) 971-98s6 (350)
If you have problems opening the attachment(s) please caff AMO at (416) 971'-9856.
PLEASE NOTE
AMO communications wil-l- be broadcast
Recipients of the AMO broadcasts are
municipal staff and elected official-s
to these broadcast lists in order to
our vari-ous broadcast .l-i-sts.
to the municipalityrs administrator and clerk.
free to redistribute the AMO broadcasts to other
as required. We have decided to not add other staff
ensure accuracy and efficiency in the management of
DISCLATMER
These are final- versions of AMO documents. AMO assumes no responsibility
discrepancies that may have been transmitted with the efectronic version'
versi-ons of the documents stand as the officiaf record.
for
The
anyprinted
Correspondence dated September 18, 2009 from Ontario Municip...
Page 51 of 165
Page 52 of 165
Long Point Region Conservation Authority
RR#3, Simcoe, ON N3Y 4K2 . Tel: (519) 428-4623 . Fax: (519) 428-1520
E-mail : conservation @ lprca.on.ca . Web Site: www. lprca.on.ca
MEMO
MUNICIPALITY OF BAYHAMDRre: September 15, 2009
FROn¡: Janice Robertson, Supervisor of Community Relations
Sue¡ecr: 2008 Annual Report
I am pleased to forward a copy of the Long Point Region Conservation Authority's
Annual Report for 2008.
Since the inception of the Big Creek (1948) and Otter Creek (1954) Conservation
Authorities and their amalgamation to form the Long Point Region Conservation
Authority, there have been many notable achievements in natural resources
management. The 2008 Annual Report highlights conservation projects and
activities throughout the year and takes a brief look back at the past sixty years.
I encourage you to look over the enclosed report and contact our office if you have
any questions or comments. lf you require additional copies, please contact me at
519-428-462 3, ext. 227 or com relations@lprca. on. ca.
Sincerely,
&r""*r€^^+Þ^\-'
Janice Robertson
Supervisor of Community Relations
Correspondence dated September 15, 2009 from Long Point Regi...
Page 53 of 165
Celebra
\È-\':.]-<.+'-r:¡<tlÉii::<*a,iq¿ b-åca: ::1 :.. :)!.+1 ;.'?¿7-: t
:-'t l*
Correspondence dated September 15, 2009 from Long Point Regi...
Page 54 of 165
tht ,1ri,.,ilq lcrr.,: i,el-'!il'í 1i¡€ lt¡, ¡tl ('c¡lst:tvttÌiotl ''\Litlio¡ iL\i
n¡'j,,,emer¡tt/,ios it5 qtL)\t¡!)ol:. lt.lt¡,-1 i¡¿¡t't,.¡1 r,15h1¡¡ futtt'; ilrtd iis;nval¡'etne¡ti t','iil't
\./,,ltet proqi0!115 Tcdn_y, iitt' t oitq Pcint Reqicin (-O!)sei \./0t¡oil Attlltot it¡r
set\,'e\ at!)Dt'axirnatel'y 1a)2,aí)() lecPie !1nil (,a¡li 5 o't -!' ¿ú ui ) ,t3 2
sr1ttnre ktlotnett e:s tnclttdirtq the e¡:iit e ivltir¡icilt,titt')t of
Bayh,tnt, 95,t'. of ltiorfolk (.attnt',t, i5+ ci l-!t.tidinctt¡d
Couttty, ;t'.t," of Orford Couttty, t6',. of rhe Cottrtty of
Bront, and to'." cf the l'ovtnsl'tip of Uataniae.*
,/
Correspondence dated September 15, 2009 from Long Point Regi...
Page 55 of 165
Jhe Long Point Region Conservation Authority (LPRCA) has a sixty-year
I reputation as a community-based environmental organization, specializing in
watershed management.
ln 1948, the Big Creek Valley Conservation Authority was formed as the eighth
conservation authority in Ontario, to help address local concerns about soil
conservation, water quality and flood control. A few years later in 1954, a
similar body was established in the neighbouring Otter Creek watershed. The
two authorities were the culmination of years of work by local farmers and
conservationists.
ln r97r these two conservation authorities amalgamated to form the Long Point
Region Conservation Authority. Today, the LPRCA delivers conservat¡on programs
in water quality and flood control, protection of natural areas, environmental
education, tree planting and erosion control and outdoor recreation.
Our Mandate
The Long Point Region Conservation Authority will work with our local
communities and our many other partners, to achieve the conservation,
restoration, development and responsible management of our water, land and
natural habitats through programs that balance human, environmental and
economic needs.
What We Do
The LPRCA fulfills ìts møndate by implementÍng programs that:
. Ensure that the Long Point Region watershed lands and waters are properly
safeguarded, managed and restored;
. Protect, manage and restore watershed woodlands, wetlands and natural
habitats;
. Develop and maintain programs that will protect life and property from natural
hazards such as flooding and erosion; and
. Provide opportunitíes for the public to enjoy, learn from and respect the
watershed's natural and cultural environments.
. ø'{Ð
Correspondence dated September 15, 2009 from Long Point Regi...
Page 56 of 165
Your Worship,
I am providing you with the 100th anniversary Ontario Provincial- Pofice
watch poster j-n case you are not abrare of this limited edition watch
which
is currentJ-y availabl-e. Because of the great response, the campaign
has
been exLended to the end of 2009.
We are presenting this watch through the good auspices of the OPP
Commissioned Officers Association. A portion of the proceeds are being
directed to the OPP Summer Youth Camp.
I would be truly grateful if you coufd share this with other members of
Council, your Police Services Board and the citizens in your community.
It is a fantastic way to show support for the OPP and to help kids in
the community.
Yours truly,
Robin Devine
Time is Ticking
4L6 925 5520
email timeistickingGsympatico. ca
Correspondence received from Robin Devine regarding "Ontario...
Page 57 of 165
and we øre
Descr¡ption
C¡ty:
Poial code
Telephone (Home):
All o.ders must bê received on or before December 31n,2009, Please måke your cert¡fied cheque or money order All Sales Are Final
payãble to T¡me ¡s T¡ck¡ng lnc . wh¡ch w¡ll be process¡n9 the o¡ders on behalf of the Ontar¡o Provinc¡al Police Comm¡ssioned Off¡cers' Associåt¡on
Order forms should be ma¡led to: T¡me ¡s T¡ckin9 ln<, PO Box 66, Postal Station R 2 Lâ¡rd Dr¡ve. Toronto, Ontar¡o, Canada M4G 323
OPP personnel and the¡r fam¡l¡es are exempt from cert¡f¡ed cheque requ¡rement5
postage and handl¡ng w¡th¡n Ontar¡o and Quebec - $8 99 per watch All other provinces - f12 0O Price will be quoted outs¡de of Canada at a reesonable rate
Payment: E v¡sa n Mâslercard D Money order ! ceft¡f¡ed chequê
Card Number
Expiry:_ S¡gnature:E ma
All sales are final. For further information or to place an order, please contact: Time is Ticking lnc , by phone aI 4'16-925-5520
Fax'.416-925 5641 . E-mail: timeisticking@sympâtico.ca . Website: www.timeistick¡ng.ca
Price Each ToÞl
Correspondence received from Robin Devine regarding "Ontario...
Page 58 of 165
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: September 25,2009
FROM: Planning CoordinatorlDeputy Clerk FILE: D10.09 PHILLIPS
SUBJECT: Phillips Consent Application E55/09 NUMBER: D2009-38
Rolls # 8-11200 / 7-003 / 8-l l9
Purpose
To consider consent application 855/09 proposing to create one lot on Calton Line, Hamlet of Calton.
Background
A consent application has been received from the Elgin County Land Division Committee submitted by
C. D. Phillips Limited proposing to create a new lot 4.17 hectare (10.3 acre) in Concession 4 Part Lot 1
on the north side of Calton Line, east of Richmond Road in the Hamlet of Calton. The subject land is
designated "Hamlets" in the Official Plan and zoned Hamlet Residential - Holding IHR (h)] in the
Zoning By-law No. 2456-2003.
Elgin County Land Division Committee will consider the application on October 21,2009.
Staff and Planner Comments
The subject lands are located with the Hamlet of Calton and are intended for residential use. The
parcel is separated from the remainder of the farm by a wooded ravine that is a tributary of the Big
Otter Creek. The Official Plan Review currently proposes these lands to remain "Hamlets" along the
frontage with the rear portion to be re-designated to "Agriculture" due to the limitations on
development by plan of subdivision on unserviced lands.
The proposed consent is in conformity with the current Offrcial Plan and Zoning By-law. The
"holding" provision is intended to restrict any development until details of further development are
finalízed including items such as water testing requirements, septic assessments, grading and drainage
plans. The owner has indicated a desire to further develop the parcel by subdividing to create up to
four (4) additional lots fronting on Calton Line.
Subject to the recommended conditions, staff and the planner have no objection to the proposed
severances.
Attachments
1. Consent Applications E55/09
2. IBI Memo dated September 23,2009
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attactive lifestyle choices.
Staff Report D2009-38 regarding Phillips Consent Application...
Page 59 of 165
Staff Report D2009-38 Phillips Page2
RECOMMENDATION
"THAT Staff Report D2009-38 regarding Consent Application 855/09 Phillips be received;
AND THAT Council recommends to the Elgin County Land Division Committee that severance
application 855/09, submitted by C. D. Phillips, be approved subject to conditions:
1. $500 cash-in-lieu of parkland dedication fee
2. copy of the final survey
Respectfully submitted,
Planning Coordinator/Deputy Clerk
Staff Report D2009-38 regarding Phillips Consent Application...
Page 60 of 165
lBl Group
203-350 Oxford Street West
London ON N6H 1T3 Canada
lel 5194727328
fax 5194729354
To/Attention
From
cc
Subiect
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date
Project No
Steno
September 23,2009
3405465
dd
1.
Memorandum
CD Phillips Ltd - Application for Consent (E55/09) - Calton Line,
Hamlet of Calton
We have completed our revíew of the consent application submitted on behatf of C-D.
Phillips Ltd in support of a proposal to create a 4.'17 (10.3 acre) parcel of land in Part Lot
1, Concession 4, on the north side of Calton Line, east of Richmond Road, in the Hamlet
of Calton. The lands to be severed are designated "Hamlets" in the Official Plan and
zoned Hamlet Residential- holding (HRthl) in Zoning By-law No.2456-2003. The holding
provisions are intended to restrict development of the lands until any such details of
development are finalized.
The subject lands are cunently part of a large inegular-shaped farm parcel approximately
130 hectares (321 acres) in area that extends north and east of the subject lands across
Lots 1-5 in Concession 4. The subject lands are physically separated from the remainder
of this farm parcel by a wooded ravine that is a tributary of the Big Otter Creek. The
subject lands are a characterized as a flat vacant farm field, while the retained lands can
be characterized as a mixture of vacant, inegular-shaped fields and wooded areas.
Surrounding land uses consist of a school to the west, residential lots to the south, and
agricultural fields to the west and north.
Cunently, the subject lands are located within the "Hamlets" designation, with the retained
lands north of the tributary designated 'Agriculture". The Official Plan Review (OPR)
currently being undertaken proposes these lands to remain designated "Hamlets" for
residential purposes along their frontage, with the rear lands to be re{esignated
'Agriculture" for agricultural purposes, recognizing the limítation for new residential lots on
internal roads within Calton. However, this is complicated by the physical separation of
the subject lands from the rest of the retained agricultural lands by the tributary, effectively
making these lands unsuitable for residential growth or as a stand alone agricultural lot.
lBl Group is a group of firms providíng professional services and is affiliated with lBl Group Architects
Staff Report D2009-38 regarding Phillips Consent Application...
Page 61 of 165
lBl Group Memorandum
Municipality of Bayham - September 23,2009
4.As per Section 8.7.3 of the Official Plan, the consent could be granted in conformity with
the existing Official Plan and the provisions of the Zoning By{aw. ln addition, the
proposed land use designation changes as part of the OPR would not make the consent
any less desirable insomuch as the lands are effectively a 'separate" lot at the present
time, given their physical isolation from the remainder of the farm parcel. ldeally, the
severed lands could be merged with the contiguous farm parcel to the east, but there are
no such plans to do so at this tíme.
The cunent holding (h) zoning on the property allows the municipality further input into the
eventual development of the subject lands. And while the proposed consent is not ideal
insomuch as it creates an undersized farm parcel, we have no objection in this instance
given the physical characteristics of the lands, and that the zoning of the property will
allow the municipality to maintain the intent of the OPR re4esignation to allow for future
residentíal development along the frontage of Calton Line, while maintaining the rear
portion of the lands as an agricultural field. Based on our review of the Official Plan
policies and Zoning ByJaw regulations we have no objection to the proposed consent.
5.
7¿r'1
IBIGROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
Staff Report D2009-38 regarding Phillips Consent Application...
Page 62 of 165
ç{@'VAppLrcAtoN FoR "o,ur=*4 M ,*"6 # / 0g
orì
TerephoneNumber nq ßl 971 ç
Name of owneis solicitor or authorized agent 8.n ' ? # ' I" c
Address
Telephone Number
Please specify to whom all communications should be sent:
Owners ( )Solicitor ( )Agent (X)
3. (a) Type and purpose of proposed transaction: (check appropríate space)
conection of title
otherpurpos¿ f ss'"1 tn't Fsî¡lZ S'giT¿e'zs^'f
(b) Name of person(s), if known, to whom land or ínterest in land is to be transfered, leased or
charged:
f¡ n 9il,ll,ls Lt-.bd
(c) lf a lot addition, identiff the lands to which the parcel will be added:
Transfer: creation of a new lot
addition to a lot
easement
AUO
Name of
t1
1.
2.
Other: charge
lease
Address
4. (a) Location of land:
Municipality ßgq H¡rrA Concession No.4
Lot(s) No. îtt€ ( t I Registered Plan No.
Name of Slreet&tîòa /t¿€ Street No.
(b) Are there any easements or restrictive covenants affec{ing the subject land?
Yes ( ) No ( X) lf Yes, describe the easement or covenant and its effect:
5. Description of land intended to be severed: (Accurate Measurements in Mehic)
Frontage lAl.ocl
Existins vse hbvtrcî ftttcotfutFproposed use t/nalaf /)as¿/ez.:î+L
Number and use of buildings and structures (both existing and proposed) on the land to be
severed:
Atorrâ Af Tik< în Ê
6.Description of land intended to be retained: (Accurq[e"lt4ggsurq4-enlg in Metric)ww"*?w;2Frontase '12. L ln oeptn Lþl[ innúJÃä erea 12 d 44
Existing Use frF,,nv-uLT^ld Proposed Use
Number and use of buildings and structures on the land to be retained:
Elãln
Englnærlng Seryic€
¡l5O SuEt Drire
St lhomæ, On NsR 5V1
Phone: 519 631-1460
ww elgin+ounty.on.€
Proeiress¡ve by Nature
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Page 63 of 165
7.
8.
-2-
Number of new lots proposed (not including retained lots)
Type of access for proposed and retained lot (check appropriate space)
TYPE
Provincial Highway
Municipal road, maintained all year
Municipal road, seasonally maintained
Other public road
Right Of Way
Water access
RETAINED LOT
()
()Q
()
()
()
()
lf proposed access is by water, what boat docking and parking facilities are available on the
mainland? (specify)
9. What type of water supply is proposed: (check appropriate space)
TYPE
Publicly owned and operated piped water system
Privately owned and operated individualwell
Privately owned and operated communalwell
Lake or other water body
Other means (speciff)
Ne¿r êî7f/t< Tt'nr
10. What type of sewage disposal is proposed: (check appropriate space)
TYPE PROPOSEDLOT
Publicly owned and operated sanitary sewage
system ( )
Privately owned and operated individual septic
tank (X )
Privately owned and operated communal septic
system
Prûy
Other means (speciñ7)
PROPOSED LOT
()
X)
()
()
RETAINED LOT
()
(x)
()
()
RETAINED LOT
()
(x)
()
()
()
()
13.
Has the subject land ever been the subject of an application for approval of a Plan of
Subdivision or a Gonsent under the Plahning Act? Yes (\) No ( ) Unknown ( )
lf Yes, and known, provide the application file number and the decision made on the application
't4.
11.When will water supply and sewage disposal servicesbe available? ,/Ftnn=e Sozvt ct¡v?
þotsF r+ffi
What is the Existing Official Plan designation(s), if any, of the subject land?
fln¿'tlFT
15. lfthis is a re.submíssion of a previous consent application, describe how it has been
changed from the original application
16. (a) Has the owner previously severed any land from this holding?
Yes (X )No( )
Staff Report D2009-38 regarding Phillips Consent Application...
Page 64 of 165
-3-
(b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner ñoT A// ¿.+arî
Use of parcel
Dateparcelcreated l'lr0
'17. ls the owner, solicitor, or agent applying for additional consents on this holding simuttaneously
w1h this appiication, or consideriñg applying for additional consents in the future?
Yes ( )'No (X)
1g. ls the subject land cunenfly the subject of a proposed official plan or official plan amendment
that has been subrnitted to the Minister for approval?
Yes ()No ÞC)
lf Yes, and known, specify the Ministry file number and status of the application
ls the subject land cunently the subject of an application for a zoning byJaw amendment,
Minísteds zoning order amêndment, minor variance, or approval of a plan of subdivision?
No (X)Yes ()
Yes X)No()
21. ls the subject land within an area designated under any provincial plan or plans?
Yes()No ( l.)
lf yes, does the application conform to or conflict with the applicable provincial plan or plans
SKETCH:
The applícation shall be accompanied by a sketch showing the following:
- the boundaries and dimensíons of the subject land, the part that is to be severed and the
part that is to be retained;
- the boundaries and dimensions of any land owned'by ttie'.oflIJ-e.:ilof the subject land and
that abuts the subject land;
- the distance between the subject land and the nearest township lot line or landmark, such
as a railway crossing or bridge;
- the location of all land prevíously severed from the parcel originally acquired by the cunent
owner of the subject land;
- the approximate location of all natural and artificial features on the subject land and
adjacðnt lands that in the opinion of the applicant may affect the application, such as
buildings, railways, roads, watercourses, draínage ditches, river or stream banks,
wetlands, wooded areas, well and septic tanks;
- the existing use(s) on adjacent lands;
- the location, width and name of any roads within or abuüing the subject land, indicating
whether it is an unopened road allowance, a public travelled road, a private road or a right
ofway;
- if access to the subject land is by water only, the location of the parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
lf Yes, and known, specifiT the appropriate file number and status of the application
ls the applicatíon consistent with policy statements issued under subsection 3(1) 'of the Planning
Act?
Staff Report D2009-38 regarding Phillips Consent Application...
Page 65 of 165
. -4-
23. The Owner/ApplicanUAgent hereby authorizes Land Division Committee members and the
Corporation of the County of Elgin staff to enter onto the subject property for the purpose of
Site inspections with respect to this application.
24. The ApplicanVOwner/Agent hereby consents to disclosure of the information contained in this
Application pursuant to Section 32(b) of B¡ll 49, Chapter 63, S.O. 1989, being an Act to provide
for Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local
Boards.
Dated atthe : 4 of "Ay/n,,.r2./'
tnis 2ls*. day of Auqus#20 Ð?_
AFFIDAVIT OR SWORN DECI.ARATION
twe e t .>./ Aa/c. of the /Jtlunlerpal'A
ot (enþa / E/Sin intheGounty oÍ ElSin
solemnly declare that allthe information contained in this applícation is true, and lM/e make this
solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and
effect as if made under Oath and by virtue of the CA}{ADA EVIDENCE ACT.
DECI-ARED before me atthe
Tor.¿a of
i¡1¡¿ ("ua /i, a* E/.ç 'a
this 2t'/^ daYof âu,l¿'ç k
Signature
20 p7.
A Commissioner, etc.
UDAE ¡ËUmErGnrùSmr.È.
fleiffiffi&Pr6sssas(EtûEl,ffiq,Êffi,
lf this application is signed by an agent or solicitor on behalf of an applicant(s), the owne/s
authorization must accompany the application. lf the applicant is a corporation acting without agent
or soticitor, the application must be signed by an officer of the corporation and the seal, if any, must
be affixed.
It is required that one copy of this application be filed, togetherwith one copy of the sketch described,
with the responsible person, accompanied by a fee of -
$750.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN
An additional fee of $250.00 will be charged for afüxing the consent stamp.
SOLICITOR OR AUTHORIZED AGENT
Staff Report D2009-38 regarding Phillips Consent Application...
Page 66 of 165
APPENDIX'4"
The County of Elgin Land Division Committee requires that, in addition to the'Application for Consenfl, the
following information be completed for all applications:
1. Are there any barns located within 300 metres of the subject of thís application?
YesK) No()
lf the answer is 'YES' are these bams:
i) Now used for livestock? Yes X) No (. )
iD Capable of being used for lívestock? Yes ({) No t .)
NOTE: lf you answered ,,YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW
TO BE GOMPLETED
BYAPPLICANT
AGRICULTURAL GODE OF PRACTIGE FORMULA ONE DATA SHEET TO
CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS
FOR NON'FARM USES ESTABLISHING OR EXPANDING IN CLOSE
PROXIM¡TY TO EXISTING LIVESTOCK BUILDINGS
ln order to calct¡late the minimum distance separatíon, the following information is required for each livestock
facility within 300 metres of the proposed severance and located on a separate lot:
¡10¡¡¡¿ Pou't nlr^,t^_ A;ll ^rÅ TELEeHoNE sgttyc z9p
TOWNSHIp P\, n. af Bo,ll.,o,., lOfPÌ1d l*a- CONC. /
TIL¡-ABLE HECTARES (where livestock facility located) û ¡ o
Type of Livestock Maximum Housing Capacity
Number per Year
Manure System Housing System
check type
Isuto ùemt-
Solid
v
DAIRY0 Cows0 Heifers0 Calves
lre
Stall
Free
Stall
Loose
BEEF0 Cows0 Galves0 Feeders0 400-750 tb.0 400-1100 tb.0 750-1 100 tb.
a5
e5
X Open llot
& Bam
X
Total
Confine-
ment
SWINE0 Sows0 Boars0 Weanlings0 Feeders
POULTRY0 Laying Hens0 Breeder Flock0 Pullets0 Ghicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters
MINK - Fcmales
Caged On Floor
l{ôRsFs
eHtrtrÞ-Pama,QFrrrac
RABBITS
VFÂI ÍÌÀI VtrS
ôTI{FR
MÂNIIRF STôRÂGF:Y
DRY Open Pile Covered Pile XSEMI-SOLID Open Pile Storage with Buck WallsLIQUID Covered Tank Open Earth Sided Pit
Above Ground Uncovered Tank
Below Ground Uncovered Tank
Staff Report D2009-38 regarding Phillips Consent Application...
Page 67 of 165
AUTHORIZATION
(Please see note below)
To: Secretary-Treasurer
Land Division Committee
Corporation of the Gounty of Elgin
Description and Location of Subject Lands:
lM/e, the undersigned, being the registered owner(s) of the above lands hereby authorize
n 'f i r o¡=7 ,:. it ', - '
(Agents Name/Names) (Agents Cityffown of Residence)
(1) make an application on my behalf to the Gounty of Elgin Land Division Gommittee;
(2) appear on my behalf at any hearing(s) of the application; and
(3) provide any information or material required by the Land Division Committee relevant to the
application.
Please Print Names in Block Letters Below Signatures
Dated atthe -/¿ u,, . _ of - A,"/rrk - .
¡nis 2tlA dayof âuJush 20 Ò 7.
C. D ?.1; //,Vs /,, n,'/.o/
Signature of Witness eryl ./a/e,
Se.refc,ry.
s¡glFldtúrê ot owner
Signature of Wtness Signature of Owner
NOTE: This form is only to be used for applications, which are to be signed by someone other than
the owner(s).
to
Signature of Witness
Staff Report D2009-38 regarding Phillips Consent Application...
Page 68 of 165
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Page 70 of 165
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM : Planning Coordinator/Deputy Clerk
SUBJECT: Blondeel Consent Application 858/09
Roll # 34-0 l-000-003-14s00
DATE: September 25,2009
FILE: D10.09 BLONDEEL
NUMBERI D2009-39
Purpose
To consider consent application E58/09 proposing an addition to a lot.
Background
A consent application has been received from the Elgin County Land Division Committee submitted by
Blondeel Nursery Inc. proposing to sever 2.1 hectare (5.16 acres) from the surrounding farm parcel and
add to his existing residential parcel 1 .68 hectare (4.16 acres). The subject lands are located in
Concession 6 STR Part Lot 124, east side Plank Road, north of Jackson Line. The subject land is
designated "Agriculture" in the Official Plan and zoned Agriculture (Al) in the Zoning By-law No.
2456-2003.
The purpose of the consent is to add the2.7 hectare parcel to the rear of the residential lot that was
severed from the farm in 1976 and added to in 2006 to include the underground heating system used by
the residence. The new lot would essentially be 4.1hectares (10 acres) in area and include two farm
buildings making it a hobby farm parcel. The retained lands consist of an office building, greenhouses
and a service building associated with the former Blondeel Nursery.
Elgin County Land Division Committee will consider the application on October 21,2009.
Staff and Planner Comments
The Provincial Policy Statement 2005 and our Official Plan outline policies for the division of
agricultural parcels. The attached planner's memo outlines the criteria for which the owner must have
regard for. In short, not enough justification has been presented to support the expansion of the
existing residential parcel to encompass the additional agricultural lands. The planner states that
making aparcel more suitable for sale is not sufficient planning justification.
Options to consider at this time would be to refuse the application as it does not comply with the
Ofhcial Plan policies or defer the application to afford the applicant opportunity to prepare further
justification for the consent.
Attachments
l. Consent Application E58/09
2. IBI Memo dated April 23,2009
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 71 of 165
Staff Repo rt D2009 -39 Blondeel Page2
RECOMMENDATION
"THAT StaffReport D2009-39 regarding Consent Application 858/09 Blondeel be received;
AND THAT Council defer the application to provide opportunity for the applicant to prepare
and present more detailed planning justifïcation."
Respectfully submitted,
Mãrsarér. Underhill
Planning Coordinator/Deputy Clerk
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 72 of 165
Address
Telephone Number
Name of owne¡'s solicitor or authorized agent
PPLTCAÏoN FoR coNsEl.w'Þ s E /09
ELGIN COUNTY LAND DIVISION COMMITTEE
Fllnndeal N¡ rrqcru lne
8510 Plank Road. RR #1. Straffordville. ON NOJ 1Y0
519-866-3373
Name of Owner
Address
ïelephone Number
David Roe
5QQ I arnh Strcat ñclhi ON NÁR 347
519-54)-1174
Please speciff to whom all communications should be sent:
Owners ( )Solicitor ( )Agent ( x ) signstoowner
(a) Type and purpose ofproposed transaction: (check appropriate space)
Transfer:creation of a new lot Other:
x addition to a lot
easement
other purpose
(b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or
charged:
charge
lease
correct¡on of t¡tle
CO{'ITYOF ELAF',I
(c) lf a lot addition, identify the lands to which the parcel will be added:
Adiacent Pronertv
(a) Location of land:
Municipality Bavham Concession No.
Lot(s) No.124 Registered Plan No. _
Name of Street Plank Road Street No.
(b) Are there any easements or restr¡ct¡ve covenants affect¡ng the subject land?
Yes( )No ( x ) lf Yes, describe the easement or covenant and its effect:
Description of land intended to be severed: (Accurate Measurements in Metric)
Frontage N¡l t^,,0- -¿Zírr^ Depth--l-gz¿rn- Area 2 ôOha
ExistingUse Aoricultural Proposed Use Residential
Number and use of buildings and structures (both existing and proposed) on the land to be
severed:
2 Barns (ao¡ir:lhral slôrâdê hr rildinosì
Description of land intended to be retained: (Accurate Measurements in Metric)
Frontage
Existing Use
798.3m Depth 397.5m Area 36.56hâ
Aoricultural/ former nurserv Proposed Use Ânrin¡ rlfi rral
Number and use of buildings ând structures on the land to be retained:
Office. 2 Barns laoricultural storaoe buildinosl- numerous Dlestic oreenhôuseslto be removed)
Counly of Bg¡¡
Eng¡eorlng Sgrvlces
45OSunæt Orlve
SL lhomæ, 0n NsR 5V1
Phone: 519 631-1460
ww e¡Elllmunty.on.ø
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Page 73 of 165
7. Number ofnew lots proposed (not includingretained lots)
'8. Type ofaccess for proposed and retained lot: (check appropriate space)
If proposed access is by water, what boat docking and parking facilities are available on the mainland? (speciÛ)
-9. What type of water supply is proposed: (check appropriate space)
TYPE
Provincial Highway
Municipal road, maintained all year
Municipal road, seasonally maintained
Other public road
Right Of Way
ìrlVater access
TYPE
Publicly owned and operated piped water system
Privately owned and operated individual well
Privately owned and operated communal well
Lake or other water body
Othe¡ means (speciû)
PROPOSED LOT
()
( )a/a
()
()
()
()
PROPOSEDLOT
()
( )nia
()
()
RETAINED LOT
()
(x )
()
()
()
()
RETAINEDLOT
()
(x)
()
()
10. lVhattype ofsewage disposal is proposed: (check appropriate space)
TYPE PROPOSEDLOT
Publicly owned and operated sanitary sewage
system
Privately ow¡ed and operated individual septic
tank
Privately owned and operated communal septic
system
Privy
Other means (specif,)
I l. \ühen will water supply and sewage disposal services be available?
No seruice-s reorri¡eã nn qeve¡e¡l n¡rcel
()
(/h + l¿n
()
()
t2 What is the Existing Official Plan designation(s), if any, of the subject land?
A øicrrlfir¡al
13.
14.
\ly'hat is the Zoning, ifany, ofthe subject land?
A I nortion nf ¡etained alqo zoned Rrrr¡l Cnmmercíel fRCì
Has the subject land ever been the subject ofan application for approval ofa Plan ofSubdivision or a Consent under
thePlanningAct? Yes(x ) No( ) Unknown( )
If Yes, and known, provide the application file number and the decision made on the application
Fforrse severed i¡ 1976 lnt addition in ?OO6 tô âccômmôdâfe themo he:fing svstem
15. Ifthis application is a re-submission ofa previous consent application, describe how it has been
changed from the original application
16. (a) Has the owner previously severed any land from this holding?
Yes (x )No( )
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 74 of 165
-3-
(b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner
Use of parcel
Date parcelcreated
17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously
with this application, or considering applying for additional consents in the future?
Yes ( ) No (x)
18. ls the subject land currently the subject of a proposed official plan or official plan amendment
that has been submitted to the Minister for approval?
Yes ( ) No (x)
lf Yes, and known, specify the Ministry file number and status of the application
19. ls the subject land currently the subject of an application for a zoning by-law amendment,
Minister's zoning order amendment, minor variance, or approval of a plan of subdivision?
Yes (x) No ( )
lf Yes, and known, speciff the appropriate file number and status of the application
20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning
Act?
Yes (x) No ( )
21. ls the subject land within an area designated under any provincial plan or plans?
Yes()No(x)
lf yes, does the application conform to or conflict with the applicable provincial plan or plans
22. SKETCH:
The application shall be accompanied by a sketch showing the following:
- the boundaries and dimensions of the subject land, the part that is to be severed and the
part that is to be retained;
- the boundaries and dimensions of any land owned by the owner of the subject land and
that abuts the subject land;
- the distance between the subject land and the nearest township lot line or landmark, such
as a railway crossing or bridge;
- the location of all land previously severed from the parcel originally acquired by the current
owner of the subject land;
- the approximate location of all natural and artificial features on the subject land and
adjacent lands that in the opinion of the applicant may affect the application, such as
buildings, railways, roads, watercourses, drainage ditches, river or stream banks,
wetlands, wooded areas, well and septíc tanks;
- the existing use(s) on adjacent lands;
- the location, width and name of any roads within or abutting the subject land, índicating
whether it is an unopened road allowance, a public travelled road, a private road or a right
ofway;
- if access to the subject land is by water only, the location of the parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 75 of 165
23. 'The Owner/ApplicanUAgent hereby authorizes Land Division Committee members and the
' Gorporation of the County of Elgin staff to enter onto the subject property for the purpose of
Site inspections with respect to this application.
24. The ApplicanUOwner/Agent hereby consents to disclosure of the information contained in this
Application pursu.ant to Section 32(b) of Bill 49, Chapter 63, S.O. 1989, being an Act to provide
for Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local
Boards.
Dated at the Municioalitv of Central Elqin
this <"J
of
SIGNATURE OF APPL|CANT(S), SOL|C|TOR OR AUTHORTZED AGENT
AFFIDAVIT OR SWORN DECLARATION
lM/e David Roe of the
in the County of Norfolk
solemnly declare that all the ínformation contained in this application is true, and lAlVe make this
solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and
effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT.
DECLARED before me at the
Municioalitv of CentralEloin
in the
this
Signature
ü'ä$üi:fl fiJ;å,{Ere1'-ls
óì un ccfurtl otebul
whsJanuaY ô,20tt'
lf this applícation is signed by an agent or solicitor on behalf of an applicant(s), the owne/s
authorization must accompany the application. lf the applicant is a corporation acting without agent
or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must
be afüxed.
It is required that one copy of this application be filed, together with one copy of the sketch described,
with the responsible person, accompanied by a fee of -
$500.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN
An additional fee of $200.00 will be charged for affixing the consent stamp.
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 76 of 165
The County of Elgin Land Division Committee requires that, in addition to the ?pplication for Consent', the' following information be completed for all applications:
1. Are there any bams located within 300 metres of the subject of this application?
Yes (x) No ( )
lf the answer is 'YES' are these barns:i) Now used for livestock? Yes ( ) No ( x )iD Capable of being used for livestock? Yes ( ) No ( x )
NOTE: lf you answered "YES" to #1, PLEASE COMPLETE THE DATA SHEET BELOW
BY APPLICANT
ln order to calculate the minimum distance separation, the following information is required for each livestock
facility within 300 metres of the proposed severance and located on a separate lot:
NAME TELEPHONE
coNc.TOWNSHIP LOT
TILLABLE HECTARES (where livestock facility located)
REQUIREMENTS
Type of Livestock Maximum Housing Capacity
Number per Year
Manure Systemid Semi- f
Housing System
check gpe
DAIRY
Q Cows
Q Heifers
0 Calves
Tie Free Loose
Stall r Stall r
Open
&B¿
Total
;bnfin
ment
POULTRY
Q Laying Hens
Q Breeder Flock
Q Pullets
Q Chicken Broilers
Q Turkey Broilers
$ Turkey Hens
$ Turkey Toms
Q Roasters
MINK - Females
HORSES
SHEEP-Rams&Fwes
Caged On Floor
RABBITS
YEAL CALVES
OTHER
MANURE STORAGE:
DRY Open Pile (¡vered I le
SEMI€OLID Open Pile C orage \lh Huc WAS
Lt\alJl|J uovereo I anK upen traßn ùtoeo lJtt
Above Ground Uncovered Tank
Below Ground Uncovered Tank
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 77 of 165
AUTHORIZATION
(Please see note below)
To: Secretary-Treasurer
Land Division Committee
Corporation of the County of Elgin
Description and Location of Subject Lands:
Con .STR I ot 124 Bavham
lM/e, the undersigned, being the registered owner(s) of the above lands hereby authorize
David Roe Norfolk County
to
(Agents Name/Names)(Agents CityÆown of Residence)
(1) make an application on my behalf to the County of Elgin Land Division Committee;
(2) appear on my behalf at any hearing(s) of the application; and
(3) provide any information or material required by the Land Divisíon Committee relevant to the
application.
Please Print Names in Block Letters Below Signatures
Dated at the Municioalitr of
dav of -ç.-r¿--4- 20 Ò q
Signature of Witness Signature of Owner
Signature of Witness Signature of Owner
NOTE: This form is only to be used for applications, which are to be signed by someone other than
the owner(s).
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 78 of 165
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GEOGRAPHIC TOWTISHIP OF BAYHAM
MUNICIPAUTY OF
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COUNTY OF ELGIN
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Staff Report D2009-39 regarding Blondeel Consent Application...
Page 79 of 165
lBl Group
203-350 Oxfod Street West
London ON N6H lT3 Canada
tel 519 4727328
fax 519 47293il
To/Attention
From
oc
Subject
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date April23, 2009
Project No 3405458
Steno dd
1)
2l
Memorandum
Blondeel Proposed Severance - Part Lot 124, Concession STR
(Expansion of Residential Lot)
We have reviewed the severance proposal submitted on behalf of Ziggy Blondeel in support
of his proposal to sever a 2.1 ha. (5.2 aue) agricultural parcel of land from an existing 38.7
hectare (95.6 acre) farm parcel. The subject lands are located in Part Lot 124, Concession
6, on the east side of Plank Road, north of Jackson Líne. The subject lands are designated
'Agriculture" in the Offìcial Plan, and zoned Agricultural (A1) and Rural Commercial (RC) in
Zoning ByJaw No. 245G2003. The purpose of the severance is to convey the 2.1 hectare
parcel to the rear of an adjacent residential lot that was originally severed from the farm
operation in 1976, and added to in 2006 to include underground heating coils that are used
by the dwelling. The proposed new lot would equal approximately 4.1 hectares (10 aøes) in
area and would include two farm buildings that are located on the subject lands.
Justification for the expansion is that the increased size and additionalfarm buildings would
make the lot more marketable as a hobby farm operation. lt being noted that one of the
buildings is suitable to be used as an indoor riding arena for horses as shown on the sketch
provided by the proponent. The proposed new lot would be characterized by the existing
buildíngs at the north end of the lot, and a larç open field extending southwards from the
built-up area of the lot. This arable land portion of the proposed lot would be approximately
2.9 hectares in area, or 7oo/o of the lot area. The general area is characterized by
agriculturalfields in all directions with little wooded coverage. The proposed retained farm
parcel is a larger farm parcel consisting of on office building, two greenhouses, and a service
building associated with a former plant nursery.
3) Section 4.2.1.10 of the Offìcial Plan outfines the policies for the division of agricultural
parcels. The division of large farm parcels into smaller holdings is discouraged and should
only permitted if regard has been had for the following issues. The issues are listed with the
information that should be provided as part of any potential application:
lBl Group is a group of lims providing professional services and is affiliated with lBl Group Architects
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 80 of 165
lBl Group Memorandum
Municípality of Baytnm - April 23, 2009
a)
b)
The need to discourage the unwatrantd fragmentation of farmland. The
application is being pursued solely for the purpose of marketability of the lands for hobby
farm purposes.
The agricultural capability of the land. These lands are cons¡dered 'prime
agricultural lands" within a "prime agrícultural area'. More specifìcally, the soils are
classified as a mixture of Walsingham and Waterin soils which are considered suitable
for common field crop purposes with minimal management practices required to prevent
erosion and compaction.
The type of agríeultural activîty engaged Ín and proposed to be engaged în. The
subject lands were most recently used for fìeld crops. The proposed severed lands will
be marketed as a hobby farm with the arable portion possibly used as pasture and/or for
market garden purposes.
Both the seveted and refaÍned parcels must be sufficîently large enough to permit
flexibílíty for futu¡e changes Ín the type or sîze of the farming operatíon, in order
to mæt changÍng economic conditíons. Such information should be provided for the
proposed severed parcel, at 4.1 hectares. AII types of farming activities will be able to
continue on the large retained lands.
The severed and rctained parcels are both suítable for the type of agrículture
use(s) common in the area and the farm sÎze is appropríate for the Upe of
agrículture operation proposed. No specific details have been provided as to how 4.1
hectares of land is appropriate in this area of the Municipality.
The requîrements of the Planning Acf. The protection of the agricultural resources of
the Province is of provincial interest. There is no proposed removal of land from
agricultural production as part of this proposal.
The mÍnÍmum farm parcel síze as established in the Zoning ByJaw. The minimum
lot area of the Agricultural (A1) Zone is 20 hectares. The proposed retained lands would
meet this regulation, while the proposed severed lands would be conveyed to a parcel of
land that is zoned Rural Residential (RR) Zone. Justification has not been provided.
The Mínîmum Dístance Separatíon Formula L Any proposal to convert the existing
buildings for livestock use that requires a building permit would require completion of
MDS I calculations. However, there are no current proposals, only interest by the
current owner to market the lands as a hobby farm.
c)
d)
e)
s)
h)
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 81 of 165
lBl Group Memorandum
Municipality of Bayham - Aptil 23,2009
4)
5)
Based on the aforementioned rev¡ew, any appl¡cat¡on to sever the lands must be
accompan¡ed by a planning report which addresses the issues outlined above. There is
insufficient information to support the expansion of the existing residential parcel to
erìcompass the additional lands. As in our previous memorandum (May 13, 2005),
disassembling the parcel to make it more suitable for sale is not suffìcient planning
justification.
Based on the information submifted, we could not support the severance of the subject lands
as presented with this proposal. We would encourage the landowner to consider this
request upon consultation with potential buyers of the property to understand exact
intentions. Such information will allow the Municipality to make a more informed decision
regarding the appropriate area to consider for consent purposes, and appropriate
regulations for any rezoning that may be required.
7¿11
IBIGROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
Staff Report D2009-39 regarding Blondeel Consent Application...
Page 82 of 165
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: October I,2009
FROM: Gerry LeMay, Manager Public V/orks FILE: t- ., , ' i '
SUBJECT: Winter Control Contracts 200912010 NUMBER: PW 2009-18
Purpose
This initiate Winter Control contracts lor 20091 2010 Winter Season.
Background
The Municipality last requested tenders for winter control for the 200512006 season, and based on
bids received, awarded contracts for various service areas.
The initial contracts provided for a renewal for the 200612007 season, and they were subsequently
extended to 200712008. Pricing through this period remained as per the original tender, and only a
couple of minor changes were made to the service areas ( a couple of new sidewalk locations were
added by the Municipality).
All current contractors have been contacted and all have confirmed they are available for renewal of
the contracts.
The price differentiation from the preceding year is very minimal as you may note most contractors
stayed with the preceding years pricing.
Staff Comments
The Manager of Public Works indicates at the 2005 tender process drew very few contractors and
fortunately this time we did not have to approach contractors to take certain streets we feel very
fortunate. As a point of interest the cost approximately for snow removal would be $ 150 per hour as
I note council had queried the costs in 2008. Fuel costs have stabilized which provides Council with
some very positive pricing for Winter Control. Under the Strategic Priorities Goal #2 (Ensure
reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the
priorities with this By-Law ensure a standard system for the Municipal roadways.
Attachments
l. Summation of Bid Results
Strategic Plan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT staff be authorized to confirm contract arrangements for winter control services for the 20091
2010 season as outlined in Attachment#2 to report 2009-18.
LeMay, Manager Public Works
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 83 of 165
Contractors Proposed Rate Summary -2009'2010
Contractor Service Area Proposed Rate Rate 08/09
09/10
Laemers Trucking Port Burwell Streets $ 60 per hour $ 60 per hour
Straffordville Streets
Vienna Streets
Underhill Farms Ltd Port Burwell Parking Lots $ 65 per hour $ 60 per hour
Straffordville Parking Lots
Vienna Parking Lots
Thomas V/ilson Port Burwell Sidewalks $ 45 per hour $ 45 per hour
And Facilities
Straffordville Sidewalks
Vienna Sidewalks
Straffordville Facilities
Vienna Facilities
Sprouls Lawn Maint Richmond Streets $ 65 per hour $ 65 per hour
Eden Streets
Eden Facilities
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 84 of 165
Recommended Service Area and Contractors -2009-2010
Port Burwell Streets
Contractor - Laemers Trucking ($ 60.00 per hour)
* Fay Street* Libbye Street* Libbye Avenue* Burwell Street* Tennyson Street* Southey Street* Cowper Sheet* Homer Street* Addison Street
+ Hwley Street* Howard Street* William Street* Newton Street* Hannah Street* Waterloo Street* Pitt Street* Brock Street
* Erieus Street
x Strachan Street* Shakespeare Street* Milton Street* Bodsworth Lane* Victorian Street ( Pitt to
Wellington)* Elizabeth Street* McCord Lane
Port Burwell Parkins Lots
Contractor- Underhill Farms Ltd ($ 65.00 perhour)
* Sewage Treatment Plant Lot * Pump Stations ( Brock and Union)
* Marine Museum Lot * Library Parking
* Firehall Parking
Port Burwell Sidewalks and Facilities
Contractor - Thomas Wilson ($ 45.00 per hour)
Marine Museum - Sidewalk ( Robinson)
Parkette - Sidewalks @rieus and Pitt)
Basketball Court - Sidewalks ( Erieus)
Library - Sidewalks (Erieus and Piu) and Entrances
Gazebo -Sidewalks(Erieus)
Communþ Policing Offrce - Sidewalks (Wellington and Erieus) and Entrances
Port Burwell Fire Hall - Sidewalk and Entrances
Other Sidewalks- Bridge Street south side
- Robinson Street West side ( Bridge to Wellington)
- Wellington Street North side ( Robinson to Victoria)
- Erieus Street West side ( Wellington to Pitt)
- Victoria Street West side ( Wellington to Robinson)
- Wellington Street South side ( Victoria to Elizabeth)
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 85 of 165
Contractor - Laemers Trucking ( $ 60.00 perhour)
* Arthur Street* Main Street* Hesch Street* Vy'ardwalk* Donnelly Drive* First Street* Second Street* Third Street* Fourth Street* Fifth Street
* Old Chapel Street
* Duke Street
* Elgin Street
* Short Street
* West Street
* East Street
* CPR Laneway
* Garnham Street
* Alward Street
* Garner Road ( Heritage to Wardwaþ
* Medical Centre
* Pump Station # 5
- Heritage Line ( Old Chapel to Sandytown)
- Sidewalk ( Plank )
- Sidewalk ( Plank )
- Sidewalks ( Plank and Heritage)
- East side Plank Road ( Third Street to 9008 Plank)
- Northwest corner Plank Road and Heritage Line
- North side Heritage Line ( Plank to East Street)
- South side Heritage Line ( Plank to Old Chapel)
Straffordville Parkins Lots
Contractor- Underhill Farms Ltd ( $ 65.00 per hour)
* Municipal Offrce/Library/ Pump Station # 2
* Community Centre
* Firehall
Straffordville Sidewalks
Contractor - Thomas Wilson ( $ 45.00 per hour)
Communþ Centre Sidewalk
Medical Centre
Offrce/Library/Pump Station # 2
Parkette
Other sidewalks
Straffordville Facilities
Contractor - Thomas \ililson ( $ 45.00 per hour)
* Community Centre Entrances/Sidewalks* Medical Centre Entrances* Municipal Offrce Entrances* Library Entrances and Sidewalksx Straffordville Firehall Entrances
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 86 of 165
Vienna Streets
Contractor - Laemers Trucking ( S 60.00 per hour)
* Edison Street* Queen Street* Chesûrut Street* Ann Streetx Fulton Street* Pearl Streetx Front Streetx Chapel Street* r9Valnut Street
Vienna Sidewalks
* Community Centre* Library* Museum
x King Street* Centre Street* Union Street* Pine Street* Snow Street* Oak Street* Elm Street* North Street
Contractor -Thomas Wilson ( $ 45.00 per hour0
x Plank Road - north/ west side from nofh bridge to south bridge
Vienna Parking Lots
Contractor - Underhill Farms Ltd ($ 65.00 per hour)
* Community Centre * Pump Station # 6* Library Parking
Vienna Facilities
Contractor - Thomas 'Wilson ( $ 45.00 per hour)
- Entrances
- Entrances
- Sidewalk ( Fulton)
Entrances ( as required )
Richmond Streets
Contractor - Sprouls Lawn Maintenance ( $ 65.00 per hour)
* Church Street* John Street* Richmond Road* James Street* Hoover Valley Road
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 87 of 165
Eden Streets
Contractor- Sprouls Lawn Maintenance ( $ 65.00 per hour )
x Gray Street* Travis Street
Eden Facilities
Contractor - Sprouls Lawn Maintenance ( $ 65.00 per hour)
* Eden and Area Community Centre - Sidewalks ( Eden Line )* Mailboxes - Sidewalks ( Eden Line and
Plank ) and Pick up area* Pump Station #1 - Entrance
Staff Report PW2009-18 regarding Winter Control Contracts 20...
Page 88 of 165
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: October 1,2009
FROM: Gerry LeMay, Manager Public Works FILE:
SUBJECT: Budgetary Update -Capital- 2009 NUMBER: PW 2009-19
Purpose
This report will advise Council of the financial shape we expect to be complete the year 2009 on.
Background
The Municipality passed budget in early 2009 with many projects for the Public Works Department
to delve into. Several projects will not be completed this season due to the lack of time. Many
projects \ryere completed and an exceptional amount of praise came through the ratepayers advising
that projects were completed and were done on time and on budget.
The Public Works Department spent a great deal of time checking culverts, repairing areas which
were in need of attention and experimenting with new materials in order to make our work and
dollars go further. Many of the projects which were placed on the shelf for the past several years have
been completed and many which were shelved are planned to be completed later this year or into
2010.
Staff Comments
The Manager of Public Works projects we will have a net surplus of approximately $ 12,000 from
capital projects and approximately $ 100,000 to be placed into the 2010 budget to complete certain
projects subject to 2010 budget discussions.
Attachments
1. Summation of Capital Budget Status
Strategic Plan Goal(s)
l. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT report PW 2009-19 be received for information.
Respectfully submitted,
, Manager Public Works
Staff Report PW2009-19 regarding Budgetary Update - Capital ...
Page 89 of 165
Projected Gapital
Expenditures 2009
Equipment
Trench Box
Pickup Truck
Sweeper
Tractor Mower
Hot Patcher
Budget
$3,333
$30,000
$16,000
$70,000
$25,000
Present $
$0
$16,800
$21,708
$89,478
$0
$0
$5,000
$5,000
$0
$3,061
$2,007
$o
$6,629
$102,296
$24,647
$31,043
Projected $
$2,317
$16,800
$21,708
$89,478
$25,000
$20,000
$5,000
$5,ooo
$0
$30,000
$25,000
$25,000
$6,629
$32,000
$50,000
$130,000
$55,000
$31,043
Asphalt
Projects
Eden/Schafer
Alward St
Green Line
Jackson Line
Milton Street
Gravel
Projects
Tollgate
Murray
Somers
OwlGage
Tar and Chip
Resurface
Bogus Road
Best Line
New Tar and
Ghip
MitchellRd
Tollgate
Light Line
$30,000
$25,000
$30,000
$30,000
$ 30,000
$50,000
$30,000
$30,000
$0
$32,000
$50,000
$90,000
$60,000
$10,000
$0
$o
Comment
Surplus $ 1000
Surplus $ 13, 200
Deficit $ 5,708
Deficit $ 19,478
Used to offset Tractor costs
Surplus $ 14,014
Surplus $ 5,000
Surplus $ 5,000
$ 25,000 into 2010 budget
$ 25,000 into 2010 budget
$ 30,000 into 2010 budget
as area will be excavated for
water reconstruction
Surplus $ 10,000
Carry Over $ 80,000
$ 20,000 into 2010 budget
$ 5,000 SurPlus
$ 5,000 Surplus
Deficit $ 6,629 Pipe Collapse
Surplus $ 3,371
Carry Over $ 20,000
Even
Even
No surplus or deficit
Deficit $ 40,000
Surplus $ 5,000
Deficit $ 21,043
Deficit $ 56,043
Staff Report PW2009-19 regarding Budgetary Update - Capital ...
Page 90 of 165
Staff Report PW2009-19 regarding Budgetary Update - Capital ...
Page 91 of 165
Page 92 of 165
Port Burwell Home Hardware
39 Robinson Street, Port Burwell, Ontario N0J 1T0
T 5"t9 8741800 F 51 9 874 1 801
Ri3 iJ,TiD
MUNICIPALITY OF BAYHAM
Council of Bayham TownshiP
Thank-you for your time in advance to review my following request. First I'm the new
owner ót port Burwell Home Hardware my name is John Snook. I have not been able
yet to meet everyone on council but I hope to do so in due time.
I would like to ask permission to be able to sit a garbage dumpster for. approx 4 weeks
.
either on the side walk or roadway in front of the Port Burwell Home Hardware. I would
ask this as we are planning on removing the wet and moldy carpet_and drywallfrom the.
basement that was an apa'rtment before I took over. Once I get this space cleaned up I
wóulfl be using it for stoiage for the stor urred already at the
store in the palt S weeks iô make room people have asked
for. I would ask councilto please grant . r so I may co.ntuine.-
to grow the business and nelp groú the community and surrounding area also I hope. lf
*e-g"n supply the communlty with more products they want they are able to continue to
put money back in to the local economy and not outside the area.
Again thank you for taking time in considering my request. Please respond asap so I
may contuine with the growth of the business'
Thank you
////
John Snook
Port Burwell Home Hardware
Owner
Port Burwell Home Hardware
39 Robinson St
Port Burwell, Ontario
NOJ 1TO
P-519-874-1800
F-519-874-1801
Locally Owned and OPerated
www. homeha rdware.ca
Correspondence received September 28, 2009 from Port Burwell...
Page 93 of 165
Page 94 of 165
Òo
Lynn Acre,
Mayor,
Municipality of Bayham
MUNIC,PAtIiy OF B/i yHAM
9344Plar/r.Road, Box 160
Straffordville ON NOJ 1Y0
Dear Lynn,
During the weekends and special events
parking has become an issue in Port Burwell.
ïhe lack of street side parking has been
increased as the building at l8 Wellington is
developed. Such congestion is unsightly and
could be dangerous.
Please encourate council to consider
purchasing a lot that could be used or paving
some of the boulevards between the street
and sidewalk as this one at the corner of
Wellington and Erius Streets.
The other related issue is signage. Our street signs
are so faded many cannot be read them. This leads
to confusion for visitors and could delay
ambulances or emergency vehicles. The lack of
signage at the top of the hill leading to the
turnaround on Robinson at the east beach gives no
warning to large trucks and trailers that this is not
accessible for larger vehicles. A green P sign leading
visitors to the Museum parking lot would be very
helpful.
We ask you to bring these issues before council so that action can be taken to ensure readable and
helpful signage and adequate parking in Port Burwell.
Doug Lester,
President, OVCC
. ç: Kyle Kruger,
[/Admln¡stratot
frEcE
SEP2¿
OVCC, Box 36, Port Burwell, ON NOJ 1T0 o (519) 874-4477 ¡ www.ottervalleychamber.com
Correspondence received September 24, 2009 from Otter Valley...
Page 95 of 165
Page 96 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 09/18/2009
OOOO31 ADT SECURITY SERVICES CANADA
39638940 A|-ARM SYSTEM - MARINE MUSEU 0911512009 t 420.00 007162
39638941 A|-ARM SYSTEM - LTGHTHOUSE 09/1512009 I 393.12 007162
Cheque Amount - 813.12
OOOO52 AMTELECOM COMMUNICATIONS
Sep 0060257907 INTERNET - OFFICE 09/0'l/2009 I 85.00 007163
Sep 0060341982 INTERNET - EDISON MUSEUM 09/01/2009 I 48.25 007163
Sep 0060408229 INTERNET - MARINE MUSEUM 09/01/2009 I 48.25 007163
sep 0060493387 INTERNET- GARAGE O9lO1l2OO9 I 28.30 007163
Sep 5198665521 MONTHLYTELEPHONE 09/01/2009 I 1,227.59 007163
Sep 5198744054 TELEPHONE - INTERP CENTRE 09/01/2009 I 69.88 007163
Cheque Amount - 'l ,507.27
OOOO75 AYLMEREXPRESS
0000147889 SALE OF LAND 0812812009 I 198.45 007164
Cheque Amount - 198.45
OOO141 CAIN'S AUTO SALES & SERVICE
vehicle purcfrase USED VEHICLE PURCHASE 09/09/2009 I 16,456.19 007165
Cheque Amount - 16,456.19
OOO1OO CORPORATE EXPRESS
23376637 BINDER, MOUSE, ENVELOPES 09fi4/2009 t 193.24 007166
23381545 sÏcKY NOTES O9l14l20F9 I 69.90 007166
Cheque Amount - 263.14
OOO212 COUNTY OF ELGIN
2009413 CULVERT REPATRS - RCHMD ROA 04/09/2009 I 2,529.21 007',167
2oo9{13' REVERSE CHQ-TO BE |NVO|CED O4lO9l2W9 c -2,529.21 007167
lNoooo16318 3RDQUARTERLE\ r 08h2J2009 I 605,631.00 007167
tN000016923 SEPT'09 pOLtCE SERVTCES 09/09/2009 I 56,530.41 007167
Cheque Amount - 662,161.41
001432 CULLIGAN
1093335015 UNIT RENTAL 09/01/2009 I 26.20 æ7168
Cheque Amount - 26.20
OOO245 DAYTRIPPING
4067 SEPT - OCT ADVERTISING 0910712009 I 182.70 007169
Cheque Amount - 182.70
000260 DON HORTON
29æ28 PLUMBING, SUMP PUMP 0911512009 I 426.46 007170
09/18/2009 9:044M
OO1026 DR. C. L. LEATHERDALE
Cheque Amount -426.46
Page 1
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 97 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09/18/2009
u4
OOO282 ED BRADFIELD
snow scfrool
JULY'09 COLT.ABORATION FEE 0911412009
Cheque Amount -
EXPENSES. SNOWSCHOOL 09/r512009 I
Cheque Amount -
OOO283 EDMATTHEWSCARPENTRY
01016,I WORKS DEPT BLDG REPAIRS O9I14I2OO9 I
Cheque Amount -
OOO338 FIRE SAFETY DISTRIBUTION CTR
tN1l2008 BROCHURES. STICKERS, HAIS 09/01/2009 I
Cheque Amount -
000367 GENERALCHEMICAL
90262419 ALUM SULFATE
001538 GROUND EFFECTS I.ANDSCAPE & DESIGN
0812912009 I
Cheque Amount -
CEMETERY MAINTENANCE 08t31t2009 I
Cheque Amount -
000416 HETEK SOLUTIONS INC
1NV029769 MOBILE CALIBRATION 08t2812009 I
Cheque Amount -
OOÙ427 HYDRO ONE NETWORKS INC
Sep ffi240-14793 UTILITIES - GAR/AGE
Sep 06571-44066 UTILITIES - METER CHAMBER
Sep 3579543000 UTILITIES - PUMP#6
Sep 5037G20077 UTILITIES - VIENNA LIBRARY
Sep 6277ù20225 UTILITIES - VIEN MEM PARK
Sep 6885G12275 UTILITIES - PB WORKS GARAGE
Sept 01181-23005 UTILITIES - INFO CENTRE
Sept 1265G91004 UTILITIES - PUMP#{!
Sept 18850-12458 UTILITÍES - PB LIBRARY
Sept 2525G12302 UTILITIES - PB OPP OFFICE
Sept 3485301007 UTILITIES - BEACH WSHRMS
Sept 4385G12451 UTILITIES - PB CENTENNIAL PARK
Sept 5025G'12458 UTILITIES - MARINE MUSEUM
Sept 5M5G12330 UTILITIES - BOAT I-AUNCH
Sept7525ù12272 UTILITIES - PB LIGHTHOUSE
Sept 8777G200'12 UTILITIES - EDISON MUSEUM
Sept 9385G12278 UTILITIES - PB FIREHALL
sept 93850-9'1019 UTILITIES - PUMP#7
09/18/2009 9:04AM
800.00 007171
800.00
288.31 007172
288.3'l
29,291.89 007173
29,291.89
1,257.U N7174
1,257.U
552.43 007175
270
552.43
2,121.00 007176
2,121.@
129.95
09/09/2009
09l0/'12æ9
09/08/2009
09/08/2009
09/08/2009
09/08/2009
09t0212009
09lo3l200s
09/03/2009
09/03/2009
09/03/2009
09/03/2009
09/03/2009
09/03/2009
09/03/2009
09t02t2009
09/03/2009
09/03/2009
129.95
714.48 007178
42.66 007178
560.68 æ7178
7.06 007178
150.86 007178
66.49 007178
16.04 007178
133.71 007178
185.66 007178
25.10 007178
276.90 007178
1U.04 007178
194.41 007178
53.69 007178
46.97 007178
303.89 007178
184.90 007178
68.32 007178
@7177
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 98 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 09/18/2009
Cheque Amount - 3,165.86
OO1558 JOE JOHNSON EQUIPMENT INC.
0632022 RENTAL OF MULTT USE TR CTOR 0911012009 I 2,825.00 007179
Cheque Amount - 2,825.00
001413 JOHAN PENNER
045 REFUND SECUR|TY HOLDBACK 09/15/2009 I 500.00 007180
ChequeAmount- 500.00
000,185 JUST PIPE & FITTING lNC.
012æ1-2 P|PE, COUPLERS, FTLTERS 08111,12009 I 1,622.07 007181
0127892 \ /RAP COUPLER 0811312009 I 47.74 007181
013072-2 S|LT FENCE STAKES 0812412009 I 53.59 007181
Cheque Amount - 1,723.40
OOO51O KLASSEN AUTO PARTS
1-35291 FLASHER, TARP STRAPS 0810112009 I 20.81 007182
1-36246 SPARK PLUGS, FILTER 08n42009 I 141.49 007182
l-36731 TOì /ELS O8l20l2æ9 I 41.27 007182
09/18/2009 9:044M
OOO513 KOOLEN ELECTRIC
14909
.t4910
l49l 1
Cheque Amount - 203.57
REPI-ACE LIGHT - STRAFF 09/08/2009 I 210.53 007183
LTGHT & PHOTO CELL - RTCHMONÍ 09/08/2009 I 377.39 007183
STREETLTGHTS - PT BURWELL 09/08/2009 I 729.61 007183
000556 LONG'S TRUCKING
010876 cHtPPtNG
Cheque Amount - 1,317.53
09/08/2009 I 1,569.75 007184
Cheque Amount - 1,569.75
001591 MARKFEHRINSTALLERS
materials ROOFING - STRAFF LIBRARY 0811712009 I 6,867.25 007185
Cheque Amount - 6,867.25
001592 MIKE ABELL ELECTRIC INC.
0573 |NCREASE SERVTCE - LTGHTHOUS O8t28t2009 I 945.00 007186
ChequeAmount- 945.00
001593 MIKE SCRUTON MARINE
0519 PROP WASHING 09/09/2009 I 10,500.00 007187
Cheque Arnount- 10,500.00
00061O MINISTER OF FINANCE
conference MUNICIPAL TREASURER'S FORUIv Ogl14l2009 I 55.00 007188
ChequeAmount- 55.00
Page 3
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 99 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09/18/2009
000694 PAULGROENEVELD
meal expense IMS 200 / IMS 910 COURSE Ogllll2ÛOg I 45.89 007189
Cheque Amount - 45.89
000706 PITNEY BOWES
49772670499't COMPREHENSIVE SERVICE 09t0412009 I 574.',16 007190
Cheque Amount - 574.16
OOOT1O PORT BURWELL HOME HARDWARE
108299 SOAP, TOWELS, TTSSUES 06læ12009 I 110.71 00719'l
Cheque Amount - 110.71
OOO743 RBC ROYAL BANK
Sep 45160500009il176 FRAMES OBll4l2OOg I 8.31 007192
Sep4516 050000954'176 CAMCORDER O8l14l200g I 335.42 007192
Sep451605000095 4176 FUELS SAFETY ON-LINE 08/182009 I 183.75 007192
conference DEERHURST RESORT 0A20l2OOg I 196.90 007192
Cheque Amount - 724.38
OOO77O RODGER MARTIN
#8 Aug'09 AUGUST'O9 K-9 CONTROL 0813'112009 I 1,522.50 007193
Cheque Amount - 1,522.50
OOO838 ST. THOMAS TIMES JOURML
60122740',t TALBOT TRATL OF YARD SALES 0A1912æ9 I 103.95 007194
Cheque Amount - 103.95
001482 SUN MEDIA CORPORATION
x112358æ SALE OF LAND 0812612009 I 255.3'1 007195
ChequeArnount- 255.31
OO1OO2 TILLSONBURG FIRE & SAFETY EQUIPMENT
12333 RECHARGE EXTTNGUTSHERS 0812412009 I 85.65 007196
ChequeAmount- 85.65
OO1O53 WALMSLEY BROS. LTD
4126 ASPHALTSALES 0813112009 I 13,361.ø 007197
Cheque Amount- 13,361.64
000966 WEBER'SWELDING& MFG
13693 REPAIR BEACH RAKE 0911412009 t 22.58 007198
Cheque Amount - 22.58
OO1O59 WILLIAM KNIFTON
training expenses EXPENSES 0911112009 I 301.00 007199
ChequeArnount- 301.00
09/18/2009 9:044M
Cheque Run Total - 763,256.29
Page 4
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 100 of 165
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 101 of 165
2009.07.22 6.3 9050
sept'09 levy SCHOOL LEVY
000206 CONSEIL SCOI.AIRE PUBLIC DU
sept'09 levy SCHOOL LE\ff
OOO552 LONDON DISTRICT CATHOL]C
Sept'09 levy SCHOOL LE\AI
OOO879 THAMES VALLEY DISTRICT SCHOOL
Sept'09 levy SCHOOL LE\A/
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque'Register - 09/21 /2009
0912112009
1,756.00
Cheque Amount -
0912112009 I
1,756.00
547.00
Cheque Arnount-
0912112009 I
547.00
38,916.00
Cheque Amount-
o9n1l200,9 I
38,916.00
295,444.@
Cheque Amount-
Cheque Run Total -336.663.00
000205 coNsElL scol-AIRE DE DlsTRlcT
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 102 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Posting Summary Trace: 010025 Report Date: 09/25/2009
0912512009 2:12PM
Accounts Payable Voided Gheque
Fiscal Year: 2009
PostedBy: SANDRA
Posting Pd.: 9 Posting Date: 09/25/2009
0141@'1030 General bank
01-010G.1950 Accounts PayableTrade
CDIST cfieque not received - reissue
CDIST cfieque not received - reissue
Vold Chq:6987
RODGER MARTIN
Void Chq:6987
RODGER MARTIN
Total Debits
Total Credits
Net Posting
2,152.50
-2,152.50
2,152.50
-2.152.50
0.00
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 103 of 165
2009.07.22 6.3 9050 Ogl22l2OOg l0:414MMUNICIPAL¡TY OF BAYHAM
General Ledger
Posting Summary Trace: 009995 Report Date=0912212009
Accounts Payable Voided Gheque
FiscalYear: 2009
PostedBy: SANDRA
Posting Pd.: 9 Posting Date: 0912212009
014'10G1030 General bank
01410G.1950 Accounts PayableTrade
GDIST should be food allowance only
CDIST should be food allowance only
Void Chq:7172
ED BRADFIELD
Void Chq:7172
ED BRADFIELD
Total Debits
Total Credits
Net Posting
2æ.31
-288.31
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 104 of 165
2009.07.22 6.3 9050
@0282 ED BRADFIELD
ergenses - sdþd
snow scñool
snow school expenses
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 09l22n00g
Ogl22l200g 1l:084M
SNOW SCHOOL FOOD EXPENSE
EXPENSES - SNOW SCHOOL
REVERSE EXPENSE CHEQUE
o9n4r2w9 I
09/'t52009 I
09t141200/9 C
25.00 007205
2æ.31 007205
-2æ.31 007205
Cheque funount-
Cheque Run Total -25.00
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 105 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - Ogl24l200g
OOO1OT BILL KNIGHT CONSTRUCTION LTD
ditdr deaning CLEAN DITCH, INSTALL SPILLWAY Ogl19l20f,9 I 955.50 007206
0912412009 2:25PM
000220 CJDL
5328
5336
53/.2
ChequeAmount- 955.50
WATER SYSTEM RENEWAL 0911112009 t 4,124.30 007207
SEPTAGE RECETMNG STATION 09/1112009 I 5,011.02 007207
ELTZABETH STREET SUBD|V|SION 09t16t2009 I 1,803.11 007207
Cheque Amount - 10,938.43
OOO2OO CODE 4 FIRE & RESCUE INC
109615 SERVTCECONTRACT 09/08/2009 I 630.00 007208
ChequeAmount- 630.00
001573 COVER-ALL BUILDING SYSTEMS
tNV0000000002104 CoVERALLSTRUoTURE 0912112009 I 31,623.58 007209
Cheque Amount - 31,623.58
0@255 DEREHAM FORGE
29988 TAGS ENGRAVED 0911412009 I 33.90 007210
Cheque Amount - 33.90
@1596 DIRECT EQUIPMENT LTD.
il250 TRENCH BOX 09/18/2009 I 6,949.50 007211
Cheque Amount - 6,949.50
001594 ENVIROCAN WASTEWATER
08-4190 SEPTAGE RECE|V|NG SYSTEM O9n1nOO9 I 19fJ,721.40 007212
Cheque Amount - 190,721.40
OOO316 EQUIPMENT CENTRE SIMCOE LTD
f052232 ROLLER 09/18/2009 | 259.90 007213
ChequeAmount- 259.90
OOO334 FASTENALCANADA
oNTrs28924 SUPPLTES 09/08i2009 I 7.06 007214
Cheque Amount - 7.06
OO0/.27 HYDRO ONE NETWORKS INC
Sep 08160{8880 UTILITIES - STRAF LIBRARY ogllll2oos 1 217.06 00721s
Sep 1266G62007 UTILITIES - MED BLDG 0911112009 I 26.59 007215
Sep 1577$68016 UTILITIES - PUMP#5 OgllOl2OOg I 314.04 007215
Sep 2526G09578 UTILITIES - OFFICE O9l11l2OOg I 319.39 007215
Sep 2539GO7266 UTILITIES - VIENNA STL 0911712009 I 559.41 007215
Sep 25390-55002 UTILITIES - PB STL HVW 19 OgllTl2OOg I 1,649.85 007215
Sep 50221{5009 UTILITIES - SEWER P|áNT 0911712009 I 3,939.98 007215
Sep 53993-93004 UTILITIES - PUMPPÍ Ogll'll209g I 50.54 007215
Page 1
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 106 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- Ogl24l201g
0911712009
o9l't712009
09t1112009
09t1112009
0911712009
ogt11t2009
09t1112009
ogt17t20F9
0912412009 2:25PM
Sep 6239G22001
Sep 6279G07266
Sep 6886G080'15
Sep 73394€1003
Sep 81590-07297
Sep 8659G87008
Sep 87640-15034
Sep 8779GO7295
10062et35
100627006
105756
106196
106267
106/'07
107752
107763
108338
108339
109092
r09097
109105
109159
109637
UTILITIES - STRAF STL
UTILITIES - RICHMOND STL
UTILITIES - STRAF FIREHALL
UTILITIES - PUMP#3
UTILITIES - EDEN STREETLIGHTS
UTILITIES -PUMP#2
uTtLrTtES - S.C.C.
UTILITIES. CORINTH STL
1,037.36 007215
185.20 007215
13.82 007215
75.16 007215
552.91 007215
221.26 007215
1,098.55 007215
232.11 007215
OOO5I8 IOVIK KOPY PRINTING
24647 INSPECTION STICKERS
000569 M&LSUPPLY
oæ0115127
0æ572 MANULIFE FINANCIAL
BATTERY PACKASSEMBLY
Cheque Amount -
o9t2112009 I
10,493.23
't63.85 007216
Cheque Arnount -
o9t02t2009 I
163.85
't03.18 oo7217
007219
Cheque Amount -103.18
3,727.12 007218
6,012.29 007218
09/18/2009
09t1812009
Cheque Amount -
000669 ONTARIO MUNICIPAL WATER ASSOC
education day EDUCATION DAY ost24f20o,9 I
Cheque Amount -
000694 PAULGROENEVELD
MLEO MLEO CONFERENCE EXPENSES O9I17I2OO9 I
Cheque Amount -
OOO71O PORTBURWELL HOME HARDWARE
OCTOBER'æ REMIT
OCTOBER'09 REMIT
GAS CYLINDER
SEAL, PUMP
VARSOL
COUPLINGS
DRILL BIT. BUSHING. COUPLINGS
MENDER KIT
CHAIN, SCREWS, HOOKS
CHAIN
BUSHINGS, CALCULATORS
BUSHINGS, COUPLERS
HOSE CLAMPS
SCREWDRI\ÆR SET
FITTING
9,739.41
73.50
73.50
66.57 @7220
ost26noo9 r
o6toa2009 r
06/03/2009 r
0610512009 I
06t2312009 r
06/30/2009 I
06/30/2009 I
06/30/2009 c
07t08t2009 I
07t08t2009 I
07t0912009 I
o7t0912009 I
0711412009 I
66.57
27.10 00722'l
16.93 007221
9.01 007221
19.19 007221
56.18 007221
5.64 007221
87.66 00722',1
-74.25 007221
40.60 007221
15.03 007221
7.05 007221
4.U 007221
2.25 007221
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 107 of 165
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0912412009
110206 UN|ON 0712212009 I 11.28 007221
111155 BATTERTES 0811112009 I 29.43 007221
111175 LIGHT 08fiA2009 I 3.38 Ñ7221
111193 SUMPPUMP,ADAPTER 08112/2009 I 148.34 007221
sku 325265'f COUPLING OBn4f2009 I 6.20 007221
ChequeAmount- 415.86
000660 RELIANCE HOME COMFOR
Sep0055148374214837WATERHEATERRENTAL 0911412009 I 33.04 007222
Cheque Amount - 33.04
001595 SETPOINT TECHNOLOGIES
3083538 ELECTRIC ACTUATOR 091cø.12009 I 3,875.90 007223
Cheque Amount - 3,875.90
OOO829 SPECTRUM COMMUNICATIONS LTD
0000502768 HOLIDAYFEE-CIVIC 09/15/2009 I 10.50 007224
0000503050 ANSWERING SERVICE 0911512009 I U.70 007224
0000503290 3 MoNTHS RENTAL 0911512009 I 57.63 007224
Cheque Amount -152.83
001482 SUN MEDIA CORPORATION
X1N36764 SALEOFLAND
X11237865 SALE OF I.AND
Cheque Amount - 510.62
OO1OO2 TILLSONBURG FIRE & SAFETY EQUIPMENT
12410 CYLINDERS 0813112009 I 90.45 007226
12419 RECHARGE CYLINDER O9l10l2æ9 I 44.24 007226
Cheque Amount - 134.69
001598 TOMMAHOOD
daim WNDSHIELD DAÀIAGE 09l22l200g I 333.35 007227
ChequeAmount- 333.35
001597 TOWN OF MINTO
regisbation CIVIL MARRIAGES TRAINING 09l23l2ÛOg I 189.00 007228
Cheque Amount - '189.00
000926 TROWASSOCIATES INC.
990424160 ENVTRONMENTAL ASSESSMENT 091142009 I 1,606.50 007229
Cheque Amount - '1,606.50
OOO935 UNION GAS LIMITED
Sep 273-2106196-9754 UTILITIES - EC.C.
Sep 273-21062434725 UTILITIES - PUMP#I
o9loa2@9 I 255.31 007225
09/09/2009 I 255.31 007225
0911712009 I 20.30 007230
09t1712009 I 19.59 007230
0912412009 2:25PM
Cheque Amount -39.89
Page 3
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 108 of 165
2009.07.22 6.3 9050
3/.'1403
u14U
3/.1554
341675
u1782
3418r0
3r'.1824
3r''1870
u't873
3r'.2047
342093
3/,2124
3/.2216
3/,2220
u2273
OOO99O ZAFSTREEAND I-AWN SERVICE
00@1370
00001371
@01385
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0912412009
GARBAGE BAGS
TAPE MEASURE
GLO\ÆS, STAKES
PLUG, CLEAI.¡OUT ADAPTER
TAPE, PAINT KIT, ROLLERS
FEMALEADPATERS
POSTS
HAÌ.IDRAIL BRACKETS
GARBAGE BAGS
STAKES, POSTS
POSTS
WASPTRAF
DECK SCREWS, WOOD ADHESI\Æ O8t24nO09 I
G¿AR/ABüqGE BAGS
ADHESIVE FORWOOD
Cheque Amount -
0912412009 2:25PM
o8tul2009 I
08/05/2009 I
o810il2009 I
08|/10¿2009 I
o8112t2009 ¡
oa2nwg I
08/13/2009 I
oa14t200€ I
o8l14f2æ9 !
o8l19l2@9 I
o8t20t2009 I
o8l20næ9 I
æt'24t2009 I
o8n5l20æ I
33.89 @7231
29.37 @723'l
24.96 007231
12.18 AO7231
199.69 007231
6.76 007231
896.40 @7231
6.76 007231
33.89 007231
180.92 007231
694.64 @7231
7.67 007231
46.2f @7231
33.89 007231
20.3',t 007231
TREE REMOVAL - PI.AI\¡K LINE 09/152009 I
TREEREMOVAL-BALLPARKSTR 09/15Í2009 I
TREE REMOVAL 0912012009 |
Cheque Amount -
Cheque Run Total -
2,227.æ
1.958.25 @7232
55',t.25 407232
1,260.00 007232
3,769.50
276,M7.79
OOO953 VIENNAHOME CENTER LTD
Page
Cheque Register being Cheque #7162 to Cheque #7232 inclusive...
Page 109 of 165
sORI{ I{UNICIPALITY OF BAYHAI{
TOT PACKETS - 2
CURRENT
FEDL IAX 9,525. I O
NR TAX
PROV TAX
EI CoNT L,728.54
QPIP
cAN PEN 4,435.70
QC PEN
QC l{SF
ON EHT I, 185.79
HB HET
NL HAPSET
T0T STATS t6,673.t3
CHEQUES
DEPoSITS 45,308.72
US DEPS
DED DEPS 50. OO
T0T NPAY 45,358.72
RRSP
RTI
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORT
COI{PANY TOTALS
ADJUST - CR CURRENT TOTAL
9,525.r0
L ,72A.54
4 ,435.70
I , rE3.79
L6 ,673 . L3
4É,308.72
50.00
(t5 ,358.72
62,05I.85
r55. 83
6.79
62,L74.47
SERVICE CHARGES
RUN: AUG lt 2009 N0: A
PAGE:1915
GST REG: I00057415 RTo004
COIIPANY PAGE: 3
DEEIT DATE: AUc 12, 2009
DATE 0F PAY: AUc 14, 2009
ADJUST-DR YTD ADJUST
ITEI{
PAYROLL RUNS
YTD TOTAL
L54,373.77 FEDL TAX
NR TAX
PROV TAX
3I,4I8.85 EI CONT
QPIP78,643.66 CAN PEN
QC PEN
QC HSF
L7 ,A93.77 0N EHT
XB I{ET
NL HAPSET
282,330.05 TOT STATS
56,607 .50 CHEQUES
644,427 .24 DEPoSTTS
US DEPS
85O.OO DED DEPS
7OL,A84.74 TOT NPAY
RRSP
RT¡
984,2L4.79 TOT PAYROL
2,465.97 SERV CHRc
I25.50 cST
PST
9A6,804.06 GRAND TOT
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
62,031 .85
155.83
6.79
62 , L74 .47
ITEI{ UNITS
SALARIED WORKPAYS 2L
PAY ADVICE FOLD 43
TOTAL S./C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS
CHARGE
55.39
9.46
ANALYSIS OF
ITEI{
HOURLY I¡ORKPAYS
COURIER FEE
135.85
UNITS
22
I
CHARGE
54.98
12.00
UNITS
I
CHARGE
46 .00
62'L74.47 DEBIT INFORIIATI0N: 003 05102 101I923
C
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TOT PACKETS - 2
CURRENT
FEDL TAX 9,246.47
NR TAX
PROV TAX
EI CONT L,5I2,L9
QPIP
cAN PEN 5,938.92
QC PEN
QC HSF
0N Et{T r,I77.85
IIB HET
NL HAPSET
T0T STATS 15,875.41
CHEQUES
DEPOSITS 45,551 .68
US DEPS
DED DEPS 50. OO
TOT NPAY 45,40L.68
RRSP
RTI
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
ITEH
R.0.E, FoRHS
PAYROLL RUNS
6L,277 .09
I59. t4
6,96
61 ,423 , L9
UNITS
I
t
TOTAL S,/C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORTCOIlPANY TOTALS
ADJ UST - CR CURRENT TOTAL
9 ,246.47
I ,512. l9
5, 958 . 92
I,I77.85
L5,875.4L
45,351 .68
50.00
45 ,40L . 68
61,277 ,09
139. t4
6.96
6I ,423 . t9
SERVICE CHARGES
RUN: AUG 25 2Oo9 N0: A
PAGE:1458
cST REG: 1000574I5 RTO004
CoI{PANY PAGE: 3
DEBIT DATE: AUG 26, 2009
DATE OF PAY: AUc 28, 2009
ADJUST -DR
CHARGE
I .50
46 .00
ANALYSIS OF
ITEI{
SALARIED l.¡0RKPAYS
PAY ADVICE FOLD
139.14
UNITS
2L
44
YTD ADJUST
CHARGE ITEI{
55.39 HOURLY I{ORKPAYS
9.68 COURIER FEE
YTD TOTAL
L63,620,24 FEDL TAX
NR TAX
PROV TAX
32,93I .04 EI CONT
QPIP82,582.58 CAN PEN
QC PEN
QC HSF
19,07t .60 0N EHT
I{B I{ET
NL HAPSET
29A,205.46 T0T STATS
56,607 .50 CHEQUES
689,77A.92 DEPOSITS
US DEPS
9OO. OO DED DEPS
747 ,2A6.42 T0T NPAY
RRSP
RTI
1,045,49t.88 T0T PAYRoL
2,605,IL SERV CHRG
130,26 GST
PST
L,O48,227.25 CRAND T0T
UNITS
23
I
CHARGE
36 ,57
12.00
6L'423.19 DEBIT INFOR]{ATI0N: 005 05102 1OII923
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8OR!I }TUNICIPALITY OF BAYHAII
TOT PACKETS -
CURRENT
FEDL TAX 8,892.80
NR TAX
PROV TAX
EI CoNT 948-21
QPIP
cAN PEN 2,567 -46
QC PEN
QC HSF
ON EHT I,OO2.2T
ì{B HET
NL HAPSET
T0T STATS 15,410.68
CHEQUES
DEPOSITS 57,709.58
US DEPS
DED DEPS 50. OO
TOT NPAY 37,759.58
RRSP
RTI
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORT
CO}IPANY TOTALS
ADJUST -CR CURRENT TOTAL
8,892.80
I , I 02.5I
2,567 .46
L,OO2.2L
13,564.98
37 ,709.58
50.00
37,759.58
5L,324.56
117.75
5.89
5r ,448. I8
SERVICE CHARGES
RUN: SEP 22 2OO9 NO: A
PAGE: I2I4
GST REG: 100057413 RTO004
COI{PANY PAGE: 5
DEBIT DATE: SEP 25, 2009
DATE 0F PAY: SEP 25, 2009
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
5L,L70.26
I17.7s
5.89
5l ,293 . 88
2
ADJUST-DR
r54 - 30
I54.30
r54.30
I54.30
CHARGE
35.59
7.26
ANALYSIS OF
ITEI{
HoURLY i¡¡ORKPAYS
COURIER FEE
I 17.73
UNITS
L2
I
CHARGE
I9. OE
12.00
UNITS
I
CHARGE
46 .00
YTD ADJUST
ITEI{
PAYROLL RUNS
YTD TOTAL
LgL,643.43 FEDL TAX
NR TAX
PROV TAX
35,454.O4 EI CONT
qPIP
88,501.54 CAN PEN
QC PEN
QC HSF
2L,220.74 0N EHT
I{B HET
NL HAPSET
326,819.55 TOT STATS
56,607 .50 CHEQUES
77L,489.37 DEP0SITS
US DEPS
I, OOO. OO DED DEPS
829,096.87 T0T NPAY
RRSP
RTI
L,L55,9L6.42 TOf PAYROL
2,873.67 SERV CHRG
L43.69 GST
PST
I,I58,933.78 GRAND TOT
ITEI{ UNITS
SALARIED I¡TORKPAYS 2L
PAY ADVICE FOLD 53
TOTAL S,/C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS 5t '448. l8 DEBIT INFORI{ATION: 003 05I02 1011925
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Spectra Energy Company
September 14,2009
VIA COURIER
TO: ALL Clerks of Municipalíties
Union Gas filed an application with the Ontario Energy Board on September 3,2009 for
an order or orders approving or fixingjust and reasonable rates and other charges for rhe
sale, distribution, transmission and storage of gas as of January I,2010.
Enclosed is a copy of the application, as well as a copy of the Notice of Application
issued by the Ontario Energy Board on September 10, 2009 under Docket No.
EB-2009-0275.
Manager, Regulatory Applications
Encl.
Correspondence dated September 14, 2009 from Union Gas regar...
Page 113 of 165
Filed: 2009-09-03
EB-2009-0275
ONTARIO ENERGY BOARD
IN THE MATTER OF the Ontario Energy Board
Act, 1998, S.O. 1998, c.l5 (Sched. B);
AND IN THE MATTER OF an Application by
Union Gas Limited, pursuant to section 36(1) of the
Ontario Energy Board Act, 1998, for an order or
orders approving or fixing just and reasonable rates
and other charges for the sale, distribution,
transmission and storage of gas as of January l,
2010.
APPLICATION
L Union Gas Limited ("Union") is a business corporation incorporated under the laws of the
province of Ontario, with its head office in the Municipality of Chatham-Kent.
2. Union conducts both an integrated natural gas utility business that combines the operations
of dístributing, transmitting and storing natural gas, and a non-utility storage business.
3. Union was an applicant in a proceeding before the Board for an order of the Board
approving or fixing a multi-year incentive rate ("1R") mechanism to determine rates for
the regulated distribution, transmission and storage of natural gas. The Board assigned
EB-2007-0606 to Union's application.
4. Union filed a Settlement Agreement with the Board on January 3, 2008, and an Addendum
to the Settlement Agreement on January 14,2008 (collectively "Settlement"). The Board
accepted the Settlement on January 17 ,2008 and issued additional decisions on this
application on March I I and July 31, 2008 dealing with the treatment of customer
additions, tax changes and risk management under IR.
Correspondence dated September 14, 2009 from Union Gas regar...
Page 114 of 165
5
Page2 -
The approved Settlement established a multi-year incentive ratemaking framework for
calendar years 2008 to 2012 inclusive, The framework includes a price cap index (PCI)
that is structured as PCI : I - X + Z +Y + AU, where I is the inflation factor, X is the
productivity factor, Z represents certain non-routine adjustments, Y represents certain
predetermined pass-throughs and AU is an adjustment for changes in average use of gas.
The IR mechanism approved for Union contemplates the filing by Union of an application
for Z factor adjustments, structural rate design changes or the pricing of new regulated
services in a time frame that will enable these issues to be resolved in sufficient time to be
reflected prospectively in the next year's rates. This requires the filing of a draft Rate
Order with supporting documentation which reflects the impact of the PCI pricing formula
(Y factors, Z factors, fixed monthly charge changes, and AU factor) so that a final Rate
Order will be issued for implementation by January l, 2010.
Union hereby applies to the Board, pursuant to section 36 of the Act and pursuant to the
annual rate-setting process underlying the IR mechanism in the approved Settlement, for
an order or orders approving or fixingjust and reasonable rates and other charges for the
sale, distribution, transmission and storage of gas effective January l, 2010.
Union further applies to the Board for all necessary orders and directions concerning pre-
hearing and hearing procedures for the determination of this application,
This application is supported by written evidence that will be filed with the Board and may
be amended from time to time as circumstances may require.
The persons affected by this application are the customers.resident or located in the
municipalities, police villages and Indian reserves served by Union, together with those to
whom Union sells gas, or on whose behalf Union distrìbutes, transmits or stores gas. lt is
impractical to set out in this application the names and addresses of such persons because
they are too numerous.
The address of service for Union is:
6.
7.
8.
9.
10.
ll.
Correspondence dated September 14, 2009 from Union Gas regar...
Page 115 of 165
Union Gas Limited
P.O. Box 2001
50 Keil Drive North
Chatham, Ontario
N7M 5MI
Attention:
Telephone:
Fax:
- Page 3
I
Chris Ripley
Manager, Regulatory Applications
(st9) 436-s416
(srg) 436-4641
-and-
Attention:
Telephone:
Fax:
DATED September 03, 2009.
Torys
Suite 3000, Maritime Life Tower
P.O. Box 270
Toronto Dominion Centre
Toronto, Ontario
M5K IN2
Michael A. Penny
(416) 86s-7s26
(416) 865-7380
Suite 3000, Maritime Life Tower
P.O, Box 270
Toronto Dominion Centre
Toronto, Ontario
M5K IN2
Attention: Michael A. Penny
Telephone: Ø16) 865-7 526
Fax: (416) 865-7380
ION GAS LIM
Correspondence dated September 14, 2009 from Union Gas regar...
Page 116 of 165
Ontario Energy
Board
Commission de l'Énergie
de I'Ontario
EB-2009-0275
NOTICE OF APPLICATION
UNION GAS LIMITED
RATES FOR 2O1O
Union Gas Limited ("Union") filed an Application on September 3, 2009 with the Ontario
Energy Board (the "Board") under section 36 of the Ontario Energy Board Act, 1998,
S.O. c.15, Sched. B, as amended, for an order or orders approving or fixing just and
reasonable rates and other charges for the sale, distribution, transmission and storage
of natural gas, effective January 1,2010. The Board's decision on this Application may
have an effect on all of Union's customers.
Union's application is pursuant to the annual rate setting incentive regulation
mechanism approved by the Board in the EB-2007-0606 proceeding.
Union has proposed a change to its delivery rates. lf approved by the Board, the total
bill impact for a typical Southern or Northern or Eastern Operations residential customer
consuming 2,600 m3 per year would amount to $9.00 - $10.00 per year.
This proceeding will not deal with the commodity cost of natural gas. Any changes to
the commodity cost of natural gas for customers that purchase gas directly from Union
are addressed through the Quarterly Rate Adjustment Mechanism.
Copies of the Application and the supporting written evidence are available for
inspection at the Board's office and Union's office at the addresses listed below.
Correspondence dated September 14, 2009 from Union Gas regar...
Page 117 of 165
Ontario Energy Board
Participation
You may participate in this proceeding in one of three ways:
1. You may send the Board a letter of comment. Your letter must be received by the
Board no later than 30 days from the publication or service date of this notice.
2. You may request observer status in order to receive documents issued by the Board
in the proceeding. Your request must be made by letter received by the Board no
later than 10 days from the publication date of this notice.
3. You may request intervenor status if you wish to actively participate in the
proceeding. Your request must be made by letter of intervention received no later
than 10 days from the publication date of this notice. Your letter of intervention must
include a description of how you are, or may be, affected by the proceeding; and if
you represent a group, a description of the group and its membership. The Board
may choose to hold a written or an oral hearing. The Board will not hold a written
hearing if a party satisfies the Board that there is good reason for holding an oral
hearing. Your letter of intervention should indicate your preference for a written or
oral hearing, and the reasons for that preference. The Board may order costs in this
proceeding. You must indicate in your letter of intervention whether you expect to
seek costs from Union and the grounds for your eligibility for costs.
4. You must provide a copy of your letter of intervention to the Board with a copy to
Union at the following address:
Union Gas Limited
P.O. Box 2001
50 Keil Drive North
Chatham ON N7M 5M1
Attn: Chris Ripley Manager
Reg ulatory Appl ications
Tel: 519-436-5476
Fax: 519-436-4641
2
Correspondence dated September 14, 2009 from Union Gas regar...
Page 118 of 165
Ontario Energy Board
Need More lnformation?
Further information on how to participate may be obtained by visiting the Board's Web
site at www.oeb.qov.on.ca or by calling our Consumer Relations Centre at 1-877-632-
2727.
How to Contact Us
ln responding to this notice please reference Board file number EB-2009-0275. lt is
also important that you provide your name and postal address and, if available,
an e-mail address, All communications should be directed to the attention of the Board
Secretary at the address below, and be received no later than 4:45 p.m. on the required
date.
lf you already have a user lD, please submit your intervention request through the
Board's web portal at www,errr.oeb.gov.on.ca. Additionally, two paper copies are
required. lf you do not have a user lD, please visit the Board's website under e-filings
and fill out a user lD password request. For instructions on how to submit and naming
conventions please refer to the RESS Document Guidelines found at
www.oeb.gov.on.ca, e-Filing Services. The Board also accepts interventions by e-mail,
at the address below, and again, two additional paper copies are required.
For your convenience, the Board accepts letters of comment by either post or e-mail.
Our e-mail address is Boardsec@oeb.qov.on.ca Please include the file reference
numbers in the subject line of your e-mail.
Ontario Energy Board
P.O. Box 2319
2300 Yonge Street, 27th Floor
Toronto ON M4P 1E4
Attn: Kirsten Walli
Board SecretaryTel: 1-888-632-6273 (Toll free)
Fax: 416-440-7656
Correspondence dated September 14, 2009 from Union Gas regar...
Page 119 of 165
Ontario Energy Board
-4-
IF YOU DO NOT FILE A LETTER STATING YOUR WISH TO PARTICIPATE IN THIS
PROCEEDING, THE BOARD MAY PROCEED WITHOUT YOUR PARTICIPATION
AND YOU WILL NOT BE ENTITLED TO FURTHER NOTICE OF THE PROCEEDING.
Ge document est disponible en frança¡s.
DATED at Toronto, September 10, 2009
ONTARIO ENERGY BOARD
Original Signed By
Kirsten Walli
Board Secretary
Correspondence dated September 14, 2009 from Union Gas regar...
Page 120 of 165
CORPORATION OF THE MUNICTPALITY OF BAYHAM
STAFF MEMORAI\DT]M
TO: Mayor & Members of Council DATE: September 28,2009
FROM: Kyle Kruger, Administrator FILE:
SUBJECT: Potential Excavation Works - Glen Erie Line at Estherville Cemetery Area
At its September 17th meeting, Council had discussions regarding the possibility of excavations on the
Glen Erie Line road allowance to investigate the potential of burials in that area. It was requested that
staff obtain further information regarding legal requirements and discuss the matter with the Cemeteries
Branch.
Staff contacted the Cemeteries Registrar, and would summarize the discussion as follows:
. Under the Heritage Act, it is an offence to disturb and archeological site
. If a person hnds human remains, then any activity would need to stop, and the burial site provisions of
the Cemeteries Act would activate
. It is strongly suggested that any investigation include retaining a licenced archeologist, as the work
would need someone who can properly identifr grave shafts etc. This would also ensure that no
remains are disturbed and avoid any possible issues in that regard.
The Cemeteries Act provides (in part) that:
. No person shall disturb or order the disturbance of a burial site or artifacts associated with the human
remains except,
(a) on instruction by the coroner; or
(b) pursuant to a site disposition agreement.
. Any person discovering or having knowledge of a burial site shall immediately notiff the police or
coroner
. The Registrar may order the owner of land on which a burial site is discovered to cause an
investigation to be made to determine the origin of the site
. Section 68 (first bullet above) does not apply to a person investigating the nature or origin of the site
who is disturbing the site in the course of the investigation
. A person conducting an investigation shall do so with the minimum disturbance to the site that is
reasonable in the circumstances
Staff Memorandum regarding Potential Excavation Works - Glen...
Page 121 of 165
Page 122 of 165
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Coastal Processes Study - SCH Agreement
DATE: September 28, 2009
FILE: F05
NUMBERI C2009-23
Purpose
This report is to recommend the execution of a contract with Fisheries and Oceans Canada regarding
the proposed Coastal Processes Study.
Background
At its September 3rd,2009 meeting, Council approved proceeding to retain Shoreplan Engineering
Limited to carry out a Coastal Processes (siltation) study, subject to cost sharing on a 50/50 basis with
Small Craft Harbours. SCH has now provided a contract required for such funding.
Staff Comments
SCH process is for the Municipality to contract with them to carry out the works specified, and
invoice for the costs when completed. Therefore, the Municipality will then separately contract with
Shoreplan to carry out the project.
Staff have reviewed the contract, and note that all responsibility/liability is to the taken on by the
contractor (municipality). With that note however, staff do not see any major concerns. A draft by-
law is attached to this report for Council consideration to approve the contract.
Attachments
Draft By-law No. 2009-113, to authorize the execution of a contract with Fisheries and Oceans
Canadaregarding a Coastal Processes Study.
Strateeic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal #3 - Create a positive business atmosphere
Recommendation
THAT By-Law No. 2009-113, being a by-law to authorize the execution of a contract with Fisheries
and Oceans Canada regarding a Coastal Processes Study, be presented to Council for enactment.
Re
ministrator
Staff Report C2009-23 regarding Coastal Processes Study - SC...
Page 123 of 165
THE CORPORATION OF THE
MUMCIPALITY OF BAYHAM
BY-LAW NO.2009-113
A BY-LA\ry TO AUTHORIZE THE EXECUTION
OF A CONTRACT WITH FISHERIES AI\D OCEANS CANADA
REGARDING A COASTAL PROCESSES STUDY
WHEREAS the Municipality of Bayham submitted a request for funding to Fisheries and
Oceans Canada (Small Craft Harbours) to carry out a coastal processes study;
AI\D WHEREAS the Municipality has received confirmation that Fisheries and Oceans Canada
is prepared to participate on a 50/50 cost-shared basis for such study to a maximum of
$12.862.50;
AI\D WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into a contract agreement with Fisheries and Oceans Canada to carry out such project;
TIIEREF'ORE TTTE COTJNCIL OF THE CORPORATION OF'THE MTJ¡ICIPALITY
OF'BAYHAM ENACTS AS F'OLLOWS:
1. THAT the Mayor and Administrator be and are hereby authorized and directed to
execute the contract attached hereto as Schedule "4" and forming part of this by-law
between the Municipality of Bayham and Fisheries and Oceans Canada regarding a
Coastal Processes Study.
2. THAT this byJaw shall come into full force and effect upon final passing.
READ A FIRST, SECOND AI\D THIRD TIME AND FINALLY PASSED THIS l't DAY
OF OCTOBER 2009.
MAYOR CLERK
Staff Report C2009-23 regarding Coastal Processes Study - SC...
Page 124 of 165
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: CAF Fund Agreement
DATE: September 29, 2009
FILE: F05
NUMBERz F2009-41
Purpose
This report is to recommend the execution of an agreement with the Government of Canada, Minister of
Industry, under the Community Adjustment (CAF) Fund regarding the Ferry Service Feasibility and
Impact Study.
Background
As outlined in Report F2009-40, the Municipality has been successful obtaining funding for a Ferry
Service Feasibility and Impact Study under the provincial RED program ($115,000) and the federal
Community Adjustment fund ($92,000). As a condition to receiving the CAF funds, an Agreement
between the Municipality and the federal govemment is required.
Staff Comments
Staff received the required agreement from the Federal Economic Development Agency for Southern
Ontario late in the day September 28th. Staff have reviewed the agreement, and do not see any major
concerns. A draft by-law is attached to this report for Council consideration to approve the agreement.
Attachments
, Draft By-law No. 2009-109, to approve an agreement with the Her Majesty the Queen in Right of
Canada, as represented by the Minister of Industry (CAF Funding).
Strateeic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal #3 - Create a positive business atmosphere
Recommendation
THAT By-Law No. 2009-115, being a by-law to authorize an agreement between the Municipality of
Bayham and Her Majesty the Queen in Right of Canada as represented by the Minister of Industry
regarding the Community Adjustment Fund be presented to Council for enactment.
Staff Report regarding Community Adjustment Fund Letter of O...
Page 125 of 165
THE CORPORATION OF THE
MUNICIPALITY OF' BAYHAM
BY-LA\ry NO.2009-rr5
A BY-LA\ry TO AUTHORIZE THE EXECUTION
OF A¡[ AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF INDUSTRY
REGARDING THE COMMTJNITY ADJUSTMENT FT]ND
\ilHEREAS the Municipality of Bayham submitted application for funding to the Community
Adjustment Fund;
AND WHEREAS the Municipality has received confirmation of funding suppof under the
program for the International Ferry Service Feasibility and Impact Study project subject to the
completion of the necessary Agreement;
AI\D WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into the said Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF'TIIE MTJNICIPALITY
OF BAYIIAM ENACTS AS FOLLOWS:
1. THÄ.T the Mayor and Clerk be and they are hereby authorized and directed to execute
the Agreement atüached hereto as Schedule "A" and formingpart of this by-law between
the Municipalrty of Bayham and Her Majesty the Queen in Right of Canada as
represented by the Minister of Industry for the provision of funding under the
Community Adjustment Fund for an International Ferry Service Feasibilþ and Impact
Study.
2. THAT this byJaw shall come into full force and effect upon final passing.
READ A FIRST, SEcoND AND THIRD TIME A¡ID FINALLY PASSED THIS l't DAY
OF OCTOBER 2009.
MAYOR CLERK
Staff Report regarding Community Adjustment Fund Letter of O...
Page 126 of 165
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2009-113
A BY-LA\ry TO AUTHORIZE THE EXECUTION
OF A CONTRÄ.CT WITH FISHERIES AND OCEANS CANADA
REGARDING A COASTAL PROCESSES STUDY
WHEREAS the Municipality of Bayham submitted a request for funding to Fisheries and
Oceans Canada (Small Craft Harbours) to carry out a coastal processes study;
AND \ryHEREAS the Municipality has received confirmation that Fisheries and Oceans Canada
is prepared to participate on a 50150 cost-shared basis for such study to a maximum of
$12.862.50;
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into a contract agreement with Fisheries and Oceans Canadato carry out such project;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MTJNICIPALITY
OF BAYHAM ENACTS AS FOLLO\üS:
1. THAT the Mayor and Administrator be and are hereby authorized and directed to
execute the contract attached hereto as Schedule "4" and forming part of this by-law
between the Municipality of Bayham and Fisheries and Oceans Canada regarding a
Coastal Processes Study.
2, THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS l.t DAY
OF OCTOBER 2009.
MAYOR CLERK
By-Law 2009-113 A By-Law to authorize the execution of a...
Page 127 of 165
I*I E:J"åîandoceans
PURCHASE ORDER COMMANDE D'ACHAT
This Purchase Order is made as ofthe contract award date below between Her Cette commande d'achal esl fa¡te en datê de I'attribulion du conlral ci-dessous
Maiesty the Queen in Right of Canada (hereinafter referred to as "Her Maiesty") entre Sa Majesté la Reine du chef du Canada (ci-après appelée "Sa Majeslé")
repiesented by the Minisler of Fisheries and Oceans (hereinafter referred to as représentée par le ministre des Péáes et Océans (ci-après appelé "Péches el
"Fisheries and Oceans Canada") and the Vendor (as named herein). Océans Canada") êl lê Fournisseur (lel qu'indiqué dans les présentes).
Pêches et Océans
Canada
VENDOR - FOURNISSEUR
MUNICIPALIW OF BAYHAM
P.O. BOX 160
9344 PLANK BOAD
STRAFFORDVILLE, ON NOJ lYO
Canada
TEL. # (519)866-5521 FAX. # (519 866-s4)866-3884
ISSIJED BY - PRÉPARÉE PAR
REGIONAL DIRECTOR SCH
CENTRAL & AFITIC
P.O. BOX 85120 3027 HARVESTEH ROAD
BUHLINGTOM ON
L7R 4K3
BECKER, KAREN
905 639-2749
This numb€r must appeil on invo¡ces, B/1, packing l¡sts, æÍespondence and oulsidâ
containsrs.
Ce numéro do¡t apparaîtro sur lês laclures, læ connaissements, lâs lisles d'emballage, la
corr€spondance êt ' l'oxt¡rieur des cont€nants
Order No.F2930-090020
Rel. No.
Rev. No.
No. de la riv. 0
Contract Award Date
Date d'attribution du contrat 14-SEP-09
Address Enquiries to - Adresser toute demande '
MACDIARMID, MICHAEL
905 639-6682
SHIP TO - EXPÉDIER À: F2930 BILLTO - FACTURER A: F2930
REGIONAL DIRECTOR SCH
CENTRAL & ARTIC
P.O. BOX 85120 3027 HARVESTER ROAD
BURLINGTOM ON L7B 4K3
Canada
REGIONAL DIRECTOR SCH
CENTRAL & ARTIC
P.O. BOX 85120 3027 HARVESTEH HOAD
BURLINGTON, ON L7R 4K3
Canada
Depaftmental Financial Codes - Code financier ministiriel
4830 0-6 1 0- 1 20-06s0-44766-6
Fre¡ght Terms - Modalités pour les frais de transpot't
FOB - FAB PST -TVP - Exemption
11708174G PST Exemption Number/l\
GST- IPS
HST. TVH
EXTHA
Financial Limitation - Limite financière
12250.00 CAD
Canad'ä Continued/suite....
By-Law 2009-113 A By-Law to authorize the execution of a...
Page 128 of 165
PURCHASE ORDER
(Continuation Sheet)
The Vendor agrees to provide to Fisheries and Oceans Canada the goods or
services identified al the specif¡ed prices and in accordance with all terms and
conditions of this Purchase Order
COMMANDED'ACHAT
(Suite)
Le Fournisseur accepte dê fournir' Pêches el Océans Canada les biens ou
services idenÌifiés dans les présenles en conformité avec les prix spécifiés et avec
les modalilés de cette commande d' achat.
P.O. No. - No. de commande
Rel. No. - No. de Ia ver.
Rev. No. - No. de la rév.
Item No.
No. d' art,
Description Del¡very Date
Date de l¡vraison
Quantity
Quantité
Uof
UdeD
Unit Price
Pr¡x unitaire
Exlended Cosl
Coût Pr¡vu
I 715057005 COASTAL PROCESSES STUDY 12,250.00 EA 1.00 12,250.00
(PORT BURWELL)
SHIP TO QUANTIW
EXP. A QUANTITE
F2930 12,250.00 31-MAR-10
Cont¡nued/ Suite....
By-Law 2009-113 A By-Law to authorize the execution of a...
Page 129 of 165
PURCHASE ORDER
(Continuation Sheet)
The following documents form pañ of this Purchase
order
Executed on behalf of the Vendor and on behalf of the
Minister of Fisheries and Oceans by their duly authorized
officers.
Cont¡nued/ Su¡te....
COMMANDED'ACHAT
(Suite)
Les documents ci-joints font partie intigrante de cette
commande d' achat.
Signé au nom du Fournisseur et au nom du ministre des
Pêches et des Océans par leurs mandataires dÛment
autorisés.
General Conditions (Minor Works)
9MALL CRAFT HARBOURS (SCH) tS ?REqARED TO qART\C\PATE ON A 50/50 COST-SHARED BASIS W|TH
THE MIJNICIPALITY OF BAYHAM IN A COASTAL PROCESSES STUDY TO AN UPSET LIMIT OF 612,250.00 (PLUS
GSr)
P.O No. - No. de commande
F2930-090020
Rel. No. - No. de la ver.
Rev. No. - No. de la rév.
FOR THE VENDOR - POUR LE FOURNISSEUR
Signature Position Title - Titre du poste Date
Pr¡nt or Type - Caractères d' Ìmprimerie ou dactylographier
S¡gnature Position T¡tle - T¡tre du poste Date
Print or Type - Caractères d' imprimerie ou dactylographier
FOR THE MINISTER. POUR LE MINISTRE
Signature Position Title - Titre du poste Date
Pr¡nt or Type - Caractères d' imprimerie ou dactylograph¡er
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GENERAL CONDITIONS
MINOR WORKS
Definition of Terms
In the Contract:
,1 "Engineer", means such person as may be designated by the Minister and includes a
person specifically authorized by the Engineer to perform any ofthe Engineer's functions
under the Contract. For this Contract, the Engineer is:
.2 "'Work " includes the whole of the works, materials, matters and things to be done,
furnished and performed by the Contractor under the Contract.
Assignment. Subcontracting and Novation
This contract may not be assigned without the written consent of the Minister, and neither the whole
nor any part of the work may be subcontracted by the Contractor without the consent of the
Engineer, Every subcontract shall incorporate all the terms and conditions of this Contract which
can reasonably be applied thereto.
Any assignment by the Minister of Her Majesty's interest in the Contract shall include the novation
of the Minister's assignee as a party to the Contract, The Contractor shall be obligated to accept the
novation of any such assignee and shall have no right to approve or disapprove the novation of such
assignee on any basis whatsoever. The pafies agree to promptly execute and deliver all such
agreements and other instruments as may be reasonably required to give effect to any novation
contemplated by this Article.
Members of The House of Commons
As required by the Parliament of Canada Act, it is an express condition of the Contract that no
member of the House of Commons shall be admitted to any share or part of the Contract or to any
benef,rt arising therefrom.
Indemnification
The Contractor shall indemnify and save Her Majesty harmless from and against all claims,
demands, losses, costs, damages, actions, suits, or proceedings by whomever made, brought or
prosecuted and in any marmer based upon, arising out of, related to, occasioned by or attributable
to the activities of the Contractor, the Contractor's servants, agents, subcontractors and sub-
subcontractors in performing the work including an infringement of a patent of invention or any
other kind of intellectual property.
Property of Her Majestv
The Contractor shall be responsible for any loss of or damage, excluding reasonable wear and tear,
to any propefty of Her Majesty arising out of the performance of the work whether or not such loss
arises from causes beyond the Contractor's control. Such property shall only be used by the
Contractor as may be directed by the Engineer and the Contractor shall, at any time when
requested to do so, account to the Engineer for the use of such property.
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6 Permits and By-Laws
6.1 The Contractor shall comply with all laws and regulations, relating to the work, whether
federal, provincial or municipal, as if the work was being constructed for a person other
than Her Majesty, and shall pay for all permits, taxes and certificates required in respect
of the execution of the work.
6.2 The Contractor shall comply with all provincial and federal legislation, regulations and
policies affecting conditions of work and wage rates, as also health and safety of workers.
Health and Safety
The Contractor shall complain with health and safety regulatory requirements, and provide to his
employees all prescribed safety materials, equipment, devices and clothing for the works to be
done ; he shalt also ensure that each of his employees is familiar with and uses in the prescribed
circumstances and manner all prescribed safety materials, equipment, devices and clothing
required. The Contractor shall ensure that all sub-contractors do likewise.
Canadian Labour and Materials
Insofar as is practicable the Contractor shall employ and use only Canadian labour and materials in
the execution of the work, employ local labour with a reasonable proportion of persons who have
been on active service with the armed forces of Canada and have been houourably discharged
therefrom, and utilize the services of the Canada Employment Centres in the recruitment of such
labour.
Publicity
The Contractor will neither permit any public ceremony in connection with the work without the
prior consent of the Minister, nor erect or permit the erection of any sign or advertising in
connection with the work without the approval of the Engineer.
Materials. Eguipment. etc. to become Property of Her Majesty
All materials and plant used or provided for the work shall be the property of Her Majesty, shall
not be removed from the site of the work and shall be used only for the purpose of the work, until
the Engineer shall certify that they are, if not incorporated in the work, no longer required for the
purpose of the work. The Contractor shall be liable for all loss or damage to material or plant that
is the property of Her Majesty by virtue of this Article,
Contractor' s Superintendent and Workers
The Contractor will, until the work has been completed, keep a competent superintendent at the
work site during working hours unless otherwise authorized by the Engineer. The Superintendent
must be acceptable to the Engineer and have the authority to receive on behalf of the Contractor
any order or communication in respect of the Contract. Any superintendent and worker not
acceptable to the Engineer because of incompetency, improper conduct or security risk will be
removed from the site of the work and replaced forthwith.
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t2 Cooperation with other Contractors
The Contractor will co-operate fully with other contractors or workers sent onto the site of the
work by the Engineer. If the sending onto the work of other contractors and workers could not
have been reasonably foreseen by the Contractor when entering into the Contract, and if, in the
opinion of the Engineer, the Contractor has incurred additional expense by such action, and if the
Contractor has given written notice of claim within thirty days of such action, Her Majesty will pay
the cost of such additional expense to the Contractor calculated in accordance with A¡ticle 21.
Claims Against and Obligations of the Contractor or Subcontractor
,1 The Contractor shall ensure that all lawful obligations of and lawful claims against the
Contractor arising out of the execution of the work are discharged and satisfied, at least as
often as this Contract requires Her Majesty to discharge Her obligations to the Contractor.
The Contractor shall supply the Engineer with a Statutory Declaration deposing to the
existence and condition of such claims and obligations when called upon to do so.
.2 Her Majesty may, in order to discharge lawful obligations of and lawful claims against the
Contractor or a subcontractor arising out of the execution of the work, pay any amount,
which is due and payable to the Contractor under the Contract and from a çonversion or a
negotiation of the security referred to in Article 19 hereof, if any, directly to the obligees
of and the claimants against the Contractor or the subcontractor.
Engineer's Rights and Obligations
The Engineer shall:
.1 Have access to the work at all times during its execution and the Contractor will provide
the Engineer with full information and assistance so that the Engineer may ensure that the
work is executed in accordance with the Contract.
Decide any question as to whether anything has been done as required by the Contract or
as to what the Contractor is required by the Contract to do, including questions as to the
acceptability of, the quality or quantity of any labour, plant or material used in the
execution of the work, and the timing and scheduling of the various phases of the work.
Have the right to order additional work, dispense with, or change the whole or any part of
the work provided for in the plans and specifications. The Engineer shall decide whether
anything done or not done as a result of directions given under this Aficle has increased
or decreased the cost of the work to the Contractor and the amount payable under the
Contract to the Contractor will be increased or decreased according by an amount
calculated in accordance with Article 21 hereof.
The Contractor shall comply with any decision or direction of the Engineer given under this
Article,
15. Delay. Non-compliance or Default by the Contractor
If the Contractor delays in the commencement, execution or completion of the work, fails to
comply with a direction or decision of the Engineer properly given, or is in default in any other
manner under the Contract, the Engineer may do such things as the Engineer deems necessary to
correct the Contractor's default. The Contractor will reimburse Her Majesty for all costs, expenses
and damage incurred or sustained by Her Majesty, by reason of the Contractor's default, or in
correcting the default. In addition to the aforementioned remedies in this A¡ticle, the Minister
may, if the default continues for six (6) days after notice in writing of default has been given to the
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Contractor by the Engineer, take all or any part of the work out of the Contractor's hands and may
employ such means as seen fit by the Minister to complete the work.
Changes in Soil Conditions. Delay bv Her Majesty
.l No extra payment will be made to the Contractor for any extra expense, loss or damage
for any reason unless the Engineer shall certify that such extra expense, loss or damage is
directly attributable to:
.1 a substantial difference between the soil conditions at the site of the work
indicated by the plans and specifications or a reasonable assumption of fact
based thereon made by the Contractor, and the actual soil conditions found there;
.2 neglect or delay by Her Majesty occurring after the date of Contract in providing
any information or doing any act which is required expressly by the Contract or
by usage of the trade;
.3 and the Contractor have within 10 days of encountering such soil conditions or
of the commencement of such neglect or delay, given written notice to the
Engineer of a claim for such extra expense, loss or damage. The amount of any
extra payment to be made under this Article will be calculated in accordance
with Article 21.
.2 If in the opinion of the Engineer any difference in soil conditions referred to in A¡licle
.1.1 hereto results in a saving of expenditure to the Contractor the amount of such saving
shall be paid to Her Majesty by the Contractor.
Protesting Engineer's Decision
The Contractor may, within ten (10) days after receiving communication of any decision or
direction of the Engineer, give written notice to the Engineer that the decision or direction is
accepted under protest. The giving of a protest by the Contractor shall not relieve the Contractor
from complying with the decision or direction that is the subject of the protest. Any compliance by
the Contractor with the decision or direction that was protested shall not be construed as an
admission by the Contractor of the correctness of that decision or direction, or prevent the
Contractor from taking whatever action the Contractor considers appropriate in the circumstances.
If Her Majesty determines that the Contractor's protest if justihed, Her Majesty will pay to the
Contractor the cost, calculated according to Article 21, of anything that the Contractor was
required to do, as a result of the decision or direction, beyond what the Contract correctly
understood would have required.
Suspension or Termination of the Contract
.1 The Minister may upon notice in writing to the Contractor suspends or terminates the
Contract at any time. The Contractor will comply with such notice immediately.
.2 If the Minister suspends the work for thiny (30) days or less the Contractor must
complete the work when called upon to do so. The Contractor is entitled to be paid the
extra cost, calculated in accordance with Article 27, of aty labour, plant and material
necessarily incurred by the Contractor as a result of the suspension. If the Minister
suspends the work for a period in excess of thirty (30) days, the Contractor may request
the Minister to terminate the work under Article ,4 hereof.
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.3 If the Minister terminates the Contract or takes the work out of the Contractor's hands
because of default by the Contractor, the insolvency of or the commission of an act of
bankruptcy by the Contractor, the abandonment of work by the Contractor or the
assignment of the contract by the Contractor without the consent of the Minister, the
obligation of Her Majesty to make payments to the Contractor shall cease and no further
payments shall be made to the Contractor unless the Engineer shall certify that no
financial prejudice will result to Her Majesty from such further payments. Termination
under this Article shall not relieve the Contractor of any legal or contractual obligations
other than the physical completion of the work. In such circumstances the Engineer may
complete or have the work completed as the Engineer sees fit and all costs and damages
incurred by Her Majesty due to the non-completion of the work by the Contractor shall be
payable by the Contractor to Her Majesty.
.4 If the Minister terminates the work other than in accordance with Article .3 hereof Her
Majesty will pay to the Contractor an amount calculated in accordance with Atticle 20
hereof subject to any additions or deductions otherwise provided by the General
Conditions or Labour Conditions less any payments made pursuant to Article 26.3 hereof .
In no event, however, shall such amount be greater than the amount which would have
been payable to the Contractor had the Contract been completed.
Security Deposit
If the work is taken out of the Contractor's hands pursuant to article 18,3, or the Contract is
terminated pursuant to article 18, or the Contractor is in breach ofor in default under the Contract,
Her Majesty may convert the security deposit, if any, to Her own use. If Her Majesty converts the
contract security, the amount realized shall be deemed to be an amount due from Her Majesty to
the Contractor under the Contract, Any balance of this amount that remains after payment of all
losses, damage and claims of Her Majesty and others shall be paid by Her Majesty to the
Contractor if, in the opinion of the Engineer, it is not required for the purposes of the Contract,
Where a Labour and Material Payment Bond is provided as part of the contract security, the
Contractor shall post a copy of the Bond on the work site.
No Additional Payments
The amount payable to the Contractor under this Contract will not be increased or decreased by
reason of any increase or decrease in the cost ofthe work brought about by an increase or decrease
in the cost of labour, plant, material or any wage adjustment arising pursuant to the Labour
Conditions. The amount payable to the Contractor under this Contract shall be increased or
decreased in the event of a change in a tax imposed under the Excise Act, the Excise Tax Act, the
Od Age Securiry AcL the Customs Act, the Customs Tariff or any provincial sales tax legislation
imposing a retail sales tax on the purchase of tangible personal property incorporated into Real
Property, if the change is made public after the date of the submission of the tender, applies to
material, and affects the cost to the Contractor of that material.
Determination of Costs
For the purposes of Articles 72,74.3,76,77 ard 18.4, the amount payable to the Contractor shall,
subject to the provisions of Article 27.2.2hercof, be based on the unit prices, if any, set out in the
unit price table. If such unit prices are not applicable the Engineer and the Contractor may
mutually agree on the amount payable. Failing such agreement the amount payable shall be the
reasonable and proper expenses paid or legally payable by the Contractor directly attributable to
the work plus l07o ofsuch expenses to cover overhead, including finance and interest charges, and
profit, as certiñed by the Engineer.
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23.
Records to be Kept
The Contractor shall for a period of two years from the date of the Final Certificate of Completion,
or until the expiration of such other period of time as the Minister may direct, maintain and keep
full records, vouchers, other writings and information in respect of his estimates and actual cost of
the work and shall make them available for copy, audit or inspection by any persons acting on
behalf of the Minister.
Extension of Time
The Engineer may, on the application of the Contractor made before the day fixed for the
completion of the work, extend the time for the completion of the work. Whether or not the
Engineer grants an extension, the Contractor shall, except to the extent that the Engineer is of the
opinion that the need for an extension was due to causes beyond the control ofthe Contractor, pay
to Her Majesty:
.l an amount equal to Departmental inspection costs relating to the work incurred after the
original completion date and;
.2 compensation for any loss or damage resulting to Her Majesty from failure by the
Contractor to complete the work by the original completion date, including the cost
incurred by Her Majesty as a result of the inability to use the completed work for the
period of the delay.
Cleaning of Work
The Contractor will upon completion of the work, clear and clean the work and its site to the
satisfaction of and in accordance with any directions of the Engineer,
Engineer' s Certif,rcates
On the day that the work has been completed and the Contractor has complied with the Contract
and all orders and directions pursuant thereto to the satisfaction ofthe Engineer, the Engineer will
issue to the Contractor a Final Certificate of Completion. In the case of a unit price Contract, the
Engineer will at the same time issue a Final Certificate of Measurement setting out the flnal
quantities used or employed in respect of the classes and units set out in the Unit Price Table and
any subsequent amendments thereto, such certif,rcate to be binding upon the Contractor and Her
Majesty.
Rectification of Defects
The Contractor will, upon notice from the Engineer and within such time as specif,red in said
notice, rectify at the Contractor's own expense any defect or fault, however caused, which appears
in the work within twelve (12) months of the date of the Final Certihcate of Completion.
Payment
.1 Her Majesty will pay and the Contractor will accept as full consideration for the work
performed and executed an amount by which the total financial limitation referred to in
the Contract together with the aggregate of the amounts payable by Her Majesty under
Articles 12, 14.3, 76.1, 17 and 20 exceed the aggregate of any payments by Her Majesty
under Article 72 and indemnification and amounts payable to or costs and damages
incurred by Her Majesty under Articles 4, 5, 10, 14.3,15,16.2, 18.3,20 et23.
25.
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2 ln the case of a unit price Contract:
.1 The total financial limitation referred to in the Contract will be deemed to be the
amount computed by totalling the products of the prices set out in the Unit Price
Table, as amended pursuant to Article 21 .2.2, if applicable, and the actual
quantities of such units as set out in the Engineer's Final Certificate of
Measurement, subject to any adjustment provided for in A¡ticle 27.2'2.
.2 The Engineer and the Contractor may by agreement in writing add to the
aforesaid Unit Price Table other classes of labour, etc,, units of measure,
estimated quantities and prices per unit, and may if the actual quantities as set
out in the aforesaid Final Certificate of Measurement exceed or fall short of the
estimated quantities in respect of any item(s) shown in the aforesaid unit price
table by more than 75Vo amend the unit prices shown in the unit price table for
such items, provided that in the event the actual quantities exceed the estimated
quantities by more than l57o the aforementioned amendment to the unit prices
shall apply only to the actual quantities in excess of I75Vo of the estimated
quantities. Where the Engineer and the Contractor fail to agree on the amount of
any adjustment as contemplated by this Article, the revised or new prices per
unit shall be determined in accordance with Article 20.
.3 If the amount of the Contract excess $5,000.00, the Contractor shall be entitled to
receive progress payments upon submitting Progress Claims which must be
approved by Progress Reports issued by the Engineer at monthly intervals. The
amount to be paid to the Contractor for a progress payment shall be 90Vo of rhe
value of the work certihed by the Engineer in the Progress Report as having been
completed since the date of the immediately preceeding Progress Claim, if any.
When a Labour and Material Payment Bond has been fumished under the
Contract the amount to be paid under this Article shall be 95Vo of the value
cefihed by the Engineer,
.4 Not later than 30 days after receipt by the Engineer of the Progress Claim and if
the Contractor has made and delivered to the Engineer his Statutory Declaration
pursuant to Article 12, the amount of the Progress Claim, subject to Artic'le 27 .3,
shall become due and payable.
.5 Not later than 60 days after the issue by the Engineer of the Final Certificate of
Completion there shall become due and payable to the Contractor the amount
described in Article 27.1 less the aggregate of the amounts, if any, paid pursuant
to A¡ticle 27,3.
.6 Notwithstanding Articles 27.3,27.4 and 27.5, no payments shall be due or
payable to the Contractor if he has failed to supply any Statutory Declaration
pursuant to Article 13, surety bond or security deposit as specified in the
Contract.
.7 A payment by Her Majesty pursuant to this Article shall not be construed as
evidence that the work is satisfactory or in accordance with the Contract.
.8 In this Article,
.1 An amount is "due and payable" when it is due and payable by Her
Majesty according to Aficles 27.4 and 27.5. An amount is overdue
when it is unpaid on the first day following the day upon which it is due
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and payable. "Date of Payment" means the date of the negotiable
instrument drawn by the Receiver General for Canada and given for
payment of an amount due and payable plus an allowance for mailing
time to the Contractor's address in accordance with Canada Post offrcial
service standards. "Bank Rate" means the average Bank of Canada
discount rate for the previous month.
.2 Delay in making a payment by Her Majesty under this Article shall not
be deemed to be a breach of the Contract. However, subject to Article
26.6, 1f payment of any Progress Claim under Article 26.3 is not made,
Her Majesty will pay interest, upon demand of the Contractor, on any
amount that is overdue from the day such amount became overdue.
.3 Interest shall only be paid when Her Majesry is responsible for the delay
in paying the Contractor.
.9 Her Majesty may set-off against any amount payable or debt due by Her Majesty
under this Contract the amount of any debt due to Her Majesty under this
Contract or any other Contract between the Contractor and Her Majesty.
Pavment by Her Majesty
28.1 In the case of a progress payment other than the final payment, within thirty (30) days
following the date of a duly completed progress claim, or
28.2 In the case of a f,rnal payment, or where the Contract specif,res payment upon completion,
within thirty (30) days following the date on which a duly completed final progress claim
or invoice are received according to the terms of the Contract, or within thirty (3) days
following the date on which the work is completed, whichever is the later.
28.3 If Her Majesty has any objection to the form of the progress claim or invoice, within
fifteen (15) days of its receipt, she shall notify the Contractor of the nature of the
objection, "Form of the claim or invoice" means a claim or invoice which contains or is
accompanied by such substantiating documentation as Her Majesty requires. Failure by
Her Majesty to act within fifteen (15) days only result in the date specified in Articles
27.l and27.2 to apply for the sole purpose of calculating interest on overdue accounts.
Certification - Contingency Fees
The Contractor certifies that it has not directly or indirectly paid or agreed to pay and covenants
that it will not directly or indirectly pay a contingency fee for the solicitation, negotiation or
obtaining of this Contract to any person other than an employee acting in the normal course of the
employee's duties.
All accounts and records pertaining to payments of fees or other compensation for the solicitation,
obtaining or negotiation of the Contract shall be subject to the Accounts and Audit provisions of
the Contract.
If the Contractor certifîes falsely under this section or is in default of the obligations contained
therein, the Minister may either terminate this Contract for default provisions of the Contract or
recover from the Contractor by way of reduction to the Contract price or otherwise the full amount
of the contingency fee.
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In this Article:
" contingency fee " means any payment or other compensation that is contingent upon or is
calculated upon the basis of a degree of success in soliciting or obtaining a Government Contract
or negotiating the whole or any part of its terms;
" employee " means a person with whom the Contractor has an employer/employee relationship;
" person " includes an individual or group of individuals, a colporation, a partnership, an
organization and an association and, without restricting the generality of the foregoing, includes
any individual who is required to f,rle a retum with the registrar pursuant to section 5 of the
Lobbyist Registration Acl R.S. 1985 c, 44 (4th Supplement) as the same may be amended from
time to time.
Lump Sum Payment - Work Force Reduction Programs
It is a term ofthe contract that:
The Contractor has declared to the Departmental Representative whether the Contractor has '
received a lump sum payment made pursuant to any work force reduction program, including but
not limited to the Vy'ork Force Adjustment Directive, the Early Departure Incentive Program, the
Early Retirement Incentive Program or the Executive Employment Transition Program, which has
been implemented to reduce the public service;
The Contractor has informed the Departmental Representative of the terms and conditions of that
worKorce reduction program, pursuant to which the Contractor was made a lump sum payment,
including the termination date, the amount of the lump sum payment and the rate of pay on which
the lump sum payment was based, and
The Contractor has informed the Departmental Representative of any exemption in respect of the
abatement of a contract fee received by the Contractor under the Early Departure Incentive
Program Order or paragraph 4 of Policy Notice 1995-8, of July 28, 1995 which reads
For contracting, whether contracts are awarded competitively or non-competitively, the
contractor cannot receive, in total, fees in excess of $5,000.00 (including GST), whether
applicable to one or more contracts, during the lump sum payment period. That is, the
contract fee otherwise payable for any contract awarded to an affected former public
servant must be abated in total, once the $5,000.00 limit has been reached, (during the
number of weeks remaining) in the contractor's lump sum payment period. Reasonable
overhead expenses such as travel costs are excluded from the $5,000.00 limit, but
because of the sensitivity of these contracts, these costs should be strictly controlled.
Departments and agencies must obtain Treasury Board approval for all contract situations
where affected former public servants might receive fees totalling more than $5,000.00
during their lump sum payment period.
Conflict of Interest and Post-Employment Code
It is a term of this Contract that no individual, for whom the post-employment provisions of the
or the Conflict of
Interest and Post-Employment Code for the Public Service apply, shall derive a direct benefit from
this Contract unless that individual is in compliance with the applicable post-employment
provisions.
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It is a term of this Contract that during the term of the Contract any persons engaged in the course
of carrying out this Contract shall conduct themselves in compliance with the principles in the
Conflict of Interest and Post-Employment Code for Public Off,rce Holders which are the same as
those in the Conflict of Interest and Post-Employment Code for the Public Service. with the
addition that decisions shall be made in the public interest and with regard to the merits of each
case.
Should an interest be acquired during the life ofthe Contract that would cause a conflict ofinterest
or seem to cause a departure from the principles, the Contractor shall declare it immediately to the
Departmental Representative.
International S anctions
1. Persons and companies in Canada are bound by economic sanctions imposed by Canada by
regulations passed pursuant to the United Nations Act, R.S.C. 1985, c. U-2, the Special
Economic Measures Act, S.C. 1992, c. 17, or the Export and Import Permits Act, R.S.C. 1985,
c. E-19. As a result, the Government of Canada cannot accept delivery of goods or services
that originate, either directly or indirectly, from the countries subject to economic sanctions. At
the time of contract award, the following regulations implement economic sanctions can be
found at: http://www.dfait-maeci. gc.caltrade/sanctions-e.asp.
2. It is a condition of the Contract that the Contractor shall not supply any goods or services to
the Government of Canada that are subject to economic sanctions.
3, Ii during the performance of the Contract, the addition of a country to the list of sanctioned
countries or the addition of a good or service to the list of sanctioned goods or services cause
an impossibility of performance of the Contract by the Contractor, the situation will be treated
by the parties as an excusable delay. The Contractor shall forthwith inform the Minister of the
situation and the procedures applicable shall then apply.
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THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY,LAW NO. 2009-115
A BY.LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF INDUSTRY
REGARDING THE COMMUNITY ADJUSTMENT FUND
WHEREAS the Municipality of Bayham submitted application for funding to the Community
Adjustment Fund;
AND \ilIIEREAS the Municipality has received confirmation of funding support under the
program for the International Ferry Service Feasibility and Impact Study project subject to the
completion of the necessary Agreement;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into the said Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Agreement attached hereto as Schedule "4" and formin g part of this by-law between
the Municipality of Bayham and Her Majesty the Queen in Right of Canada as
represented by the Minister of Industry for the provision of funding under the
Community Adjustment Fund for an International Ferry Service Feasibility and Impact
Study.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS l.t DAY
OF OCTOBER 2009.
MAYOR CLERK
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1.1
Project Number: 845-505 156
Mr. Kyle Kruger
Administrator
The Corporation of the Municipality of Bayham
P.O. Box 160,9344 Plank Road
Straffordville, ON NOJ 1Y0
Dear Mr. Kruger:
Re: The Corporation of the Municipality of Bayham
In response to your application dated June 12,2009, Her Majesty the Queen in Right of
Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister")
hereby offers to make a contribution under the Community Adjustment Fund ("CAF") to
The Corporation of the Municipaliry of Bayham (the "Recipient") (the Recipient and the
Minister collectively referred to as the "Parties" or individually as the "Party") for the
purposes ofthe project described in Annex I (the "Project"), upon the following terms and
conditions:
The Agreement
This Agreement including Annex 1 - The Project - Statement of Work, Annex la -
Environmental Mitigation Measures, Annex 2 - News Release Summary, Annex 3 -
Costing Memorandum, Annex 4 (as provided for in subsection 7.1), Annex 5- Monthly
Report, and Annex 6 - Monthly Employment Report upon being duly executed by the
Recipient and the Minister, constitutes the entire agreement between the Parties pertaining
to the matters contemplated hereby (the "Agreement") and supersedes all prior
agreements, documents, undertakings and negotiations, whether oral or written of the
Parties, related to its subject matter.
1.2 Duration of Agreement. This Agreement comes into force on the Date of Acceptance
and will terminate:(a) twelve (12) months after the earlier of:
i) the completion of the Project to the satisfaction of the Minister; or
ii) the Completion Date.
O) upon the date on which all amounts due by the Recipient to Her Majesty under this
Agreement, have been paid in full,
whichever is the L..tter, unless terminated earlier in accordance with the terms of this
Agreement.
Date of Acceptance. The date of acceptance shall be the date the duplicate copy of this
offer, duly executed by the Recipient, is received by the Minister (the "Date of
Acceptance").
Survival. Notwithstanding the provisions of subsection 1.2 above, the rights and
obligations of the Parties set forth in the following sections, shall survive the expiry or
early termination of this Agreement, and shall remain in full force and effect:
Section 4 - Other Government Financial Support
Section 6 - Monitoring, Audit and Evaluation
Section 11 - Indemnification and Limitation of Liability
Section 12 - Default and Remedies
Section 14 - Project Assets
Section 16 - General
Subsection 16.11 - Dispute Resolution
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The survival period shall lapse six (6) years after the expiry or early termination of this
Agreement.
1.5 Precedence. In the event of, and only to the extent of, any conflict or inconsistency
between the part of the Agreement that precedes the signatures of the Parties, and the
annexes that follow, the part of this Agreement that precedes the signatures of the Parties
shall apply. The order of precedence amongst the annexes of this Agreement will be:
Annex I - Statement of Work
Annex la - Environmental Assessment Act
Annex 3 - Costing Memorandum
Annex 2 - News Release Summary
Annex 4 - Recipient representation documents per subsection 7. I
Annex5-MonthlyReport
Annex 6 - Monthly Employment Indicator Report
1.6 Headings. The headings used in this Agreement are inserted for convenience of reference
only and shall not affect its interpretation.
2.0 The Proiect
2.1 The Project commencement date is August 27,2009 (the "Commencement Date") and the
Recipient shall insure that the project is completed to the Minister's satisfaction no later
than March 3 1, 201 0 ("Completion Date")
3.0 The Contribution
3.1 The Minister will make a non-repayable Contribution (the "Contribution") to the Recipient
in respect of the Project in an amount not exceeding the lesser ot
(a) 39.57% of the eligible and supported costs outlined in Annex I (the "Eligible and
Supported Costs") of$232,500 ofthe Project incurred and paid, and
(b) $92'000
3.2 The Minister shall not contribute to any Eligible and Supported Costs incurred prior to
June 12,2009 and laterthanMarch 31,2010.
In no circumstances shall the Minister contribute to costs incurred after March 31, 2010.
The Minister shall not consider any requests to extend this project and any underspending
cannot be carried forward to the next fiscal year.
3.3 Notwithstanding3.2, in no event will the Minister pay more than ten percett (10%) of the
Contribution as set out under 3.1 towards Eligible and Supported Costs incurred by the
Recipient prior to the Commencement Date.
3.4 The Minister shall not contribute to any Eligible and Supported Costs incurred by the
Recipient that could cause the Contribution noted in subsection 3.1 above to exceed
$92,000 in the fiscal year ending March 3 I, 2010.
3.5 The Recipient shall use the Contribution solely and exclusively to support the Eligible and
Supported Costs ofthe Project as detailed in Annex 1 and shall carry out the Project in a
diligent and professional manner, using qualified personnel.
3.6 The Recipient shall be responsible for all costs of the Project, including cost ovemrns, if
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Other Government Financial Sunport
The Recipient hereby confirms that for the purposes of this Project, the following
federal, provincial, municipal or local government assistance, including tax credits, has
been requested or received:
Federal $000
Provincial $115,000
Municipal $5,750
The Recipient shall promptly inform the Minister in writing in the event additional other
government financial support has been requested or received during the term of this
Agreement, and acknowledges and agrees that an adjustment to the amount of the
Contribution and a request for repayment of part or all of the amounts paid to the Recipient
may be made as a result thereof. The amount of repayment requested will constitute a debt
due to Her Majesty and will be recovered as such from the Recipient.
In no instance will the total Canadian govemment funding towards the Eligible and
Supported Costs being supported under this Agreement be allowed to exceed one hundred
percent (100%) of the Eligible and Supported Costs under this Agreement.
Claims and Pavments
The Recipient shall maintain accounting records that account for the Contribution paid to
the Recipient and related Project costs in respect of this Agreement separate and distinct
from any other funding.
Claims Procedures. The Recipient shall submit claims for reimbursement of Eligible and
Supported Costs incurred, not more frequently than monthly and not less frequently than
quarterly, in a form satisfactory to the Minister. Each claim will include the following
information:
(a) an itemized summary of Eligible and Supported Costs incurred;
O) for each expense being claimed, a copy of the invoice rendered to the Recipient (or
if no invoice is available, the contract vendor's name and contact information, the
date(s) that goods and services were provided, and the date the contract vendor was
paid), if required by the Minister;
(c) a brief explanation of the claim;
(d) the most current Monthly Report (Annex 5), as outlined in Section 6.1;
(e) identification of any deferred payment amounts;
(Ð a certification ofthe claim by an officer ofthe Recipient or other person satisfactory
to the Minister, confrrming the accuracy of the claim and all supporting information
provided; and
(g) any other documentation in support of the claim as may be required by the Minister.
Advance Payments.
(a) Where the Minister is satisfied and has determined that the Recipient's cash flow
requirements justify the need for an advance against the Eligible and Supported Costs
payable under this Agreement, the Minister may, at his sole discretion, pay to the
Recipient advances based on submitted cash flow requirements for Eligible and
Supported Costs to be paid during Fiscal Year2009-10 up to 25 % ofthe annual
Contribution as specified under provision 3. I a) with subsequent advances provided upon
receipt ofsatisfactory reporting on progress and spending to date and the following
procedures:
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The Recipient shall submit to the Minister's satisfaction, a forecast cash flow
requirements to be incurred during the first advance period along with any
documentation that the Minister may reasonably request.
The Recipient shall account for the use of any advances within one hundred and
twenty (120) days ofthe beginning ofthe advance period.
Should subsequent advances be requested, the Minister may make additional
advances provided that the Recipient shall follow the same process as outlined
under i) and ii) above and has supplied the following information to the Minister's
satisfaction:
(1) A statement of the Eligible and Supported Costs incurred during the
previous advance period, or any other advance period, certihed by a financial
ofñcer or other representative ofthe Recipient; and
Ø Submitted at least six (6) weeks before the start of the next advance.
iv) If the amount of the advance exceeds the amount of Eligible and Supported Costs
incurred during the previous advance period, the Minister shall deduct the excess
amount and any interest earned from any other payment under this Agreement.
Final Claim Procedures.
(a) In addition to the requirements set out in subsection 5.2 Claims Procedures, the
Recipient's final claim pertaining to the final reimbursement of any Eligible and
Supported Costs previously claimed or not; and/or the reconciliation of any
outstanding advances, shall be signed by an authorized ofhcer of the Recipient, or
such other representative of the Recipient satisfactory to the Minister, and
accompanied by the following, in a form satisfactory to the Minister in scope and
detail:
(D a final itemized statement of all Eligible and Supported Costs incurred and
paid by the Recipient;
(ii) a final statement of total Project costs;
(iii) the final Monthly Employment Report as outlined in section 6.3;
(iv) a statement of the total govemment assistance (federal, provincial and
municipal assistance) towards the eligible costs supported in the Agreement
received or requested;
(v) a final report on the Project in the form provided at or in a form similar to
Annex 5;
(vi) an attestation confirming the Recipient's compliance with the terms and
conditions of the Agreement; and
(vii) an attestation confirming that it is the final claim for payment and as such, it
includes all final Eligible and Supported Costs submitted for payment.
(b) The Recipient shall submit the final claim for reimbursement of Eligible and
Supported Costs to the satisfaction of the Minister no later than three (3) months
after the Completion Date but in any event no later than June 30, 2010. The
Minister shall have no obligation to pay any claims submitted after this date.
Payment Procedures.
(a) The Minister shall review and approve the documentation submitted by the
Recipient following the receipt of the Recipient's claim, or will notify the Recipient
of any deficiency in the documentation submitted which deficiency the Recipient
shall immediately take action to address and rectifr.
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(b) Subject to the maximum Contribution amounts set forth in subsections 3.1 and 3.4
and all other conditions in this Agreement, the Minister shall pay to the Recipient
the Minister's portion of the Eligible and Supported Costs set forth in the
Recipient's claim in accordance with the Minister's customary Payment practices'
(c) The Minister may request at any time that the Recipient provides satisfactory
evidence to demonstrate that all Eligible and Supported Costs claimed have been
paid.
(d) The Minister may require that any claim submitted for payment of the Contribution
be certified by the Recipient's extemal auditor or by an auditor approved by the
Minister.
Holdbacks. Notwithstanding any other provision of this Agreement, the Minister may, at
the Minister's sole discretion, withhold up to ten percent (10%) of the Contribution amount
until:
(a) the Project is completed to the satisfaction of the Minister;
O) the final report has been submitted to the satisfaction of the Minister;
(c) audits, where required by the Minister have been completed to the satisfaction of the
Minister; and
(d) the Minister has approved the final claim described in subsection 5.4.
Overpayment or non-entitlement. Where for any reason the Recipient is not entitled to
all or part of the Contribution or the amount paid to the Recipient exceeds the amount to
which the Recipient is entitled, the Contribution or the amount in excess, as the case may
be, shall constitute a debt due to Her Majesty and shall be recovered as such from the
Recipient. The Recipient shall repay the Minister promptly and in any case no later than
thirty (30) calendar days from the date of the Minister's notice, the amount of the
Contribution disbursed or the amount of the overpayment, as the case may be, together
with interest in accordance with the Interest and Adminisnative Charges Regulations, itt
effect on the due date, plus three percent (3%) compounded monthly on overdue balances
payable, from the date of the notice, until payment is received by the Minister.
Sharing Ratios. If the Minister makes individual payments that represent higher sharing
ratios than those authorized for the total Contribution, in no event shall the overall sharing
ratio calculated on the total Eligible and Supported Costs of the Project exceed the
maximum authorized sharing ratios as provided in subsection 3.1 a).
Monitoring. Audit and Evaluation
Monthly Report. The Recipient shall submit to the Minister monthly progress reports and
a final report, ("Monthly Report") substantially in the form of Annex 5 hereto, as provided
in section 5.2, satisfactory to the Minister in scope and detail. These reports shall include,
for capital projects only, a pictorial record of the progress, dated and time stamped,
available in electronic format. A Report of a particular month must be submitted by the
tenth (l0th) day of the following month.
The Monthly Report referred to in subsection 6.1 shall contain information sufücient to
allow the Minister to assess the progress of the Project (e.g. work completed to date).
Upon request of the Minister and at no cost to him, the Recipient will promptly
elaborate upon any Monthly Report submitted.
Monthly Employment Report. The Recipient shall submit a Monthly Employment
Report in the form of Annex 6, satisfactory to the Minister in scope and detail.
The Recipient shall submit the Monthly Employment Reports of a particular month by the
tenth (10'h) day of the following month.
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6.0
6.1
6.2
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The Minister may request that the Recipient submit to the Minister a copy of the
Recipient's financial statements, within one hundred and twenty (120) calendar days of the
Recipient's fiscal year end or within such longer period as may be authorized by the
Minister.
The Recipient shall provide to the Minister a copy of any report or publication produced as
a result of this Agreement, whether interim or final, as soon as the same becomes
available.
The Recipient shall for the term of this Agreement and for a period of six (6) years after
the expiry or early termination of this Agreement, at its own expense:
(a) preserve and make available for audit and examination by the Minister's
representatives, proper books, accounts and records of the costs of the Project,
wherever such books, and records may be located, and permit any authorized
representative ofthe Minister to conduct such independent audits and evaluations as
the Minister in his discretion may require;
(b) permit any authorized representatives of the Minister reasonable access to the
Recipient's premises and documents to inspect and assess the progress and results of
the Project;
(c) supply promptly, on request, such other data in respect of the Project and their
results as the Minister may require for purposes of this Agreement and for statistical
purposes.
The Minister shall have the right, at his own expense, and as and when he determines
necessary, to perform audits of the Recipient's books, accounts, records, financial
statements and claims for reimbursement of Eligible and Supported Costs, and the
Recipient's administrative, financial and claim certifïcation processes and procedures, for
the purposes of verifying the costs of the Project, validating claims forreimbursement of
Eligible and Supported Costs, ensuring compliance with the terms of this Agreement, and
confirming amounts repayable to the Minister under the provisions of this Agreement.
Any audits performed hereunder will be carried out by auditors selected by the Minister,
which may include any of the following: Department of Industry officials, an independent
auditing hrm, and the Recipient's extemal auditors. The Minister will provide the
Recipient with a description of the scope and criteria of the audit and the expected time
frames for completion of the audit and public release of the related reports.
Auditor General of Canada. The Recipient acknowledges that the Auditor General of
Canada may, at the Auditor General's cost, after consultation with the Recipient, conduct
an inquiry under the authority of subsection 7 .l(l) of the Auditor General Act in relation to
any funding agreement (as defined in subsection a2.(\ of the Financial Administration
Act) with respect to the use of funds received.
For purposes of any such inquiry undertaken by the Auditor General, the Recipient shall
provide, upon request and in a timely manner, to the Auditor General or anyone acting on
behalf of the Auditor General:
(a) all records held by the Recipient, or by agents or contractors of the Recipient
relating to this Agreement and the use of the Contribution; and
(b) such further information and explanations as the Auditor General, or anyone acting
on behalf of the Auditor General, may request relating to this Agreement and/or the
Contribution.
ReDresentations
The Recipient represents, waffants and covenants that:
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(a) it is a Municipally Created Organization and is in good standing under the laws of
Ontario, and has the power and authority to carry on its business, to hold its properly
and to enter into this Agreement and it has the power and authority, and has met all
legal requirements, necessary to carry on business, hold property, and to enter into,
deliver and perform this Agreement. The Recipient warrants that it shall remain as
such for the duration of this Agreement;
(b) the execution, delivery and performance of this Agreement have been duly and
validly authorized by the necessary corporate actions of the Recipient and when
executed and delivered by the Recipient, this Agreement constitutes a legal, valid
and binding obligation of the Recipient enforceable in accordance with its terms.
The relevant by-laws and resolution that authorize the same are attached to this
Agreement by the Recipient as Annex 4.
(c) it has acquired general liability insurance and properly damage insurance, evidence
of which must be included with the first Monthly Report, that is consistent with the
level of risk exposure associated with the Project, as described in the Annex I -
Project Statement of Work and will maintain such from the Commencement Date to
the Project Completion Date.
(d) the signatories to this Agreement, on behalf of the Recipient, have been duly
authorized to execute and deliver this Agreement;
(e) this Agreement constitutes a legally binding obligation of the Recipient, enforceable
against it in accordance with its terms, subject as to enforcement of remedies to
applicable bankruptcy, insolvency, reorganization and other laws affecting generally
the enforcement of the rights of creditors and subject to a court's discretionary
authority with respect to the granting of a decree ordering specific performance or
other equitable remedies;
(Ð the execution and delivery of this Agreement and the performance by the Recipient
of its obligations hereunder will not, with or without the giving of notice or the
passage of time or both:
i. violate the provisions of the Recipient's by-laws, any other corporate
governance document subscribed to by the Recipient or any resolution of the
Recipient;
ii. violate any judgment, decree, order or award of any court, govemment agency,
regulatory authority or arbitrator; or
iii. conflict with or result in the breach or termination of any material term or
provision of, or constitute a default under, or cause any acceleration under, any
license, permit, concession, franchise, indenture, mortgage, lease, equipment
lease, contract, permit, deed of trust or any other instrument or agreement by
which it is bound.
(g) there are no actions, suits, investigations or other proceedings pending or, to the
knowledge ofthe Recipient, threatened and there is no order,judgment or decree of
any court or govemmental agency which could materially and adversely affect the
Recipient's ability to carry out the activities contemplated by this Agreement.
Federal Visibilitv Requirements
The Recipient agrees that its name, the amount of the Contribution and a description of the
general nature of the activities supported under this Agreement may be made publicly
available by the Minister.
In order to þromote the support received from the Govemment of Canada, and to raise
awareness of the CAF as part of Canada's Economic Action Plan (EAP), the Recipient
agrees to the following requirements, to be implemented at the discretion of the Minister:
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(a) Coordinate and participate in a public announcement of the Agreement by the
Minister or his designated representatives in the form of an event and/or news
release as provided by the Minister. The Recipient shall maintain the conhdentiality
of this Agreement until such public announcement;
(b) Prominently display at the Project site in a manner prescribed by the Minister,
promotional material or signage to be provided by the Minister, communicating the
nature of the funded activities and/or the involvement of the Govemment of Canada;
(c) Invite the Minister or his designated representatives to public/media events related
to achievements or initiatives taken by the Recipient and acknowledge the role of
the Government of Canada on these occasions;
(d) Follow the Government of Canada protocol, as provided by the Minister, during
public/media events involving the Recipient;
(e) Vy'hen providing information on the products and services funded in whole or in part
by this Agreement (including f,rnancial assistance for an enterprise or organization),
specify that the financial assistance is made possible through a contribution from the
Government of Canada; and
(Ð Include the appropriate Govemment of Canada wordmark in all publications and
advertising describing or promoting the products and services funded in whole or in
part by this Agreement, includìng, but not limited to, electronic media (web,
television, video), and print media (signs, print advertising, brochures, magazines,
maps, posters).
The Minister may, by notice in writing given to the Recipient, require that recognition of
the support provided by the Minister not be made in any public communication of the
Recipient.
9.0 Ofïìcial Laneuases
9.1 The Recipient in completing the Project will not be providing services to or
communicating with members of an official languages minoriry community. Should there
be a change in circumstances such that the Recipient will be providing services to and
communicating with an official languages minority community, the Recipient agrees to
comply with the requirements of the Official Languages Act, from that date forward.
10.0 Environmental and Other Reouirements
10.1 The Minister has determined that no assessment of the Project is required under the
Canadian Environmental Assessment Act.
10.2 The Recipient shall comply with all federal, provincial, territorial, municipal and other
applicable laws governing the Recipient or the Project, or both, including but not limited
to, stafutes, regulations, bylaws, rules, ordinances and decrees. This includes legal
requirements and regulations relating to environmental protection.
10.3 The Recipient will provide the Minister with reasonable access to any Project site for the
purpose of ensuring that the terms and conditions of any environmental approval are met,
and that any required mitigation measures, monitoring or program follow up have been
carried out to the satisfaction of the Minister.
10.4 If a change that would trigger a re-assessment of the Project under the Canadian
Environmental Assessment lcl is proposed for, or made to, the Project, the Parties agree
that despite any other provision in this Agreement, the Minister's obligations under this
Agreement will be suspended until a federal environmental assessment is completed and
the updated mitigation measures being implemented as the case may be, are unlikely to
result in any significant adverse environmental effects.
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10.5 Aboriginal consultation. The Recipient acknowledges that the Minister's obligation to
pay the Contribution is conditional upon Her Majesty satisfying any obligation that Her
Majesty may have to consult with or to accommodate any Aboriginal groups that may be
affected by the terms of this Agreement.
11.0 Indemnifrcation and Limitation of Liabilitv
l1.l The Recipient shall at all times indemnify and save harmless the Minister, his officials,
employees and agents, from and against all claims and demands, losses, costs, damages,
actions, suits or other proceedings (including, without limitation, those relating to injury to
persons, damage to or loss or destruction of property, economic loss or infringement of
rights) by whomsoever brought or prosecuted, or threatened to be brought or prosecuted,
in any manner based upon, caused by, or arising directly or indirectly from:
(a) the Project, its operation, conduct or any other aspect thereof;
(b) the performance or non performance of this Agreement, or the breach or failure to
comply with any term, condition, representation or warranty of this Agreement, by
the Recipient, its officers, employees and agents, or by a third party or its officers,
employees, or agents; or,
(c) any omission or other wilful or negligent act or delay of the Recipient or third parly
and their respective employees, officers, or agents,
except to the extent to which such claims and demands, losses, costs, damages,
actions, suits, or other proceedings relate to the wilful or negligent act or omission of
an official, employee, or agent of the Minister in the performance of his or her
duties.
ll.2 The Minister shall have no liability under this Agreement except for payments of the
Contribution in accordance with the provisions of this Agreement. Without limiting the
foregoing, the Minister shall not be liable for any direct, indirect, special or consequential
damages, or damages for loss ofrevenues or profits ofthe Recipient.
12.0 Default and Remedies
12.1 Event of Default. The Minister may declare that an event of default has occurred if:
(a) the Project is not completed to the Minister's satisfaction by March 3 l, 2010;
(b) the Recipient makes a materially false or misleading statement conceming support
by the Minister in any internal and./or public communication, other than in good
faith;
(c) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the
benefit of any stafute from time to time in force relating to bankrupt or insolvent
debtors;
(d) the Recipient has made an order or passed a resolution for the winding up of the
Recipient, or the Recipient is dissolved;
(e) the Recipient has, in the opinion of the Minister, ceased to operate or has sold all or
substantially all its assets;
(Ð the Project is carried out at locations other than those mentioned in the Statement of
Work;
(g) the Recipient has submitted false or misleading information, or has made a false or
misleading representation to the Minister or in this Agreement;
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(h) the Recipient has not, in the opinion of the Minister, met or satisfied a term or
condition of this Agreement;
(i) the Recipient is not eligible or is otherwise not entitled to the Contribution; and/or,
ú) the Recipient has not complied with the audit and evaluation requirements specified
in this Agreement.
12.2 Notice and Rectification Period. The Minister may make a declaration of default by
providing w¡itten notice to the Recipient of the condition or event which, in the Minister's
opinion, constitutes an event of default under subsection 1 2. l. Except in the circumstances
described in subsections (c) and (d) of section 12.1, the Minister may, in his discretion,
advise the Recipient ofthe condition or event, and allow the Recipient a period offifteen
(15) calendar days, or such other time as the Minister may in his sole discretion decide, to
correct the condition or event complained of, or to demonstrate to the satisfaction of the
Minister that it has taken the necessary steps to correct the condition, failing which the
Minister may immediately declare that an event of default has occurred. Notification by
the Recipient of rectification shall be made in writing within the period of fifteen (15)
calendar days or such other time as the Minister decided.
12.3 Remedies. If the Minister declares that an event of default has occurred, the Minister may
immediately exercise any one or more of the following remedies:
(a) terminate any obligation by the Minister to make any payment under this
Agreement, including any obligation to pay an amount owing prior to such
termination;
(b) suspend any obligation by the Minister to make any payment under this Agreement,
including any obligation to pay an amount owing prior to such suspension;
(c) require the Recipient to repay forthwith to the Minister all or part of the
Contribution; and
(d) exercise any other remedy available to the Minister at law.
13.0 Ng.lEse
13.1 Any notice, information or document required under this Agreement shall be effectively
given if delivered or sent by letter or facsimile þostage or other charges prepaid). Any
notice that is delivered shall be deemed to have been received on delivery; any notice sent
by facsimile shall be deemed to have been received one (l) working day afterbeing sent,
any notice that is mailed shall be deemed to have been received eight (8) calendar days
after being mailed.
13.2 Any notice or correspondence to the Minister shall be addressed to:
Federal Economic Development Agency for Southern Ontario
151 Yonge Street
Toronto, ON M5C 2W7
Attention : Community Adjustment Fund
or to such other address as is designated by the Minister in writing.
13.3 Any notice or correspondence to the Recipient shall be sent to the address indicated on the
face ofthe present Agreement.
13.4 Each of the Parties may change the address which they have stipulated in this Agreement
by notifying in writing the other party of the new address, and such change shall be
deemed to take effect fifteen (1 5) calendar days after receipt of such notice.
14.0 Proiect Assets
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(a) The Recipient shall retain title to, and ownership of, the capital assets, the cost of
which has been contributed to by the Minister under this Agreement (the "Project
Assets") for a minimum of six (6) years after the expiry or early termination of this
Agreement, and shall not dispose of the same for a period of six (6) years after the
expiry or early termination of this Agreement, without the prior written
authorization of the Minister. As a condition of such consent, the Minister may
require the Recipient to repay the Minister the whole or any part of the Contribution
paid to the Recipient hereunder;
(b) The Recipient shall acquire and maintain on the Project Assets for a minimum of six
(6) years after the expiry or early termination of this Agreement, property damage
insurance that is consistent with the level of risk exposure associated with the
Project.
15.0 Miscellaneous
15.1 The Recipient represents and warrants that no member of the House of Commons and
Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit
arising from it, that are not otherwise available to the general public.
l5.2 The Recipient confirms that no current or former public servant or public office holder to
whom the Values and Ethics Code for the Public Service or the Conflict of Interest Act
applies shall derive direct benefit from the Agreement, including any employment,
payments or gifts, unless the provision or receipt of such benefits is in compliance with
such codes and legislation. Where the Recipient employs or has a major shareholder who
is either a current or former (in the last twelve (12) months) public office holder or public
servant in the federal government, the Recipient shall demonstrate compliance with these
codes and legislation.
15.3 The Recipient represents and warrants that:
(a) any person who, for consideration, directly or indirectly, communicated with or
arranged a meeting with a public office holder, in respect of any aspect of this
Agreement, prior to the execution of the Agreement, was in compliance with all
requirements of the Lobbyinglcl, as amended from time to time;
(b) any person who, for consideration, directly or indirectly, during the term of this
Agreement and in respect of any aspect of this Agreement, communicates with or
arranges a meeting with a public office holder, will be in compliance with all
requirements of the Lobbying Act;
(c) at all relevant times it has been, is and will continue to remain in compliance with
the Lobbying Act;
(d) it has not, nor has any person on its behalf, paid or provided or agreed to pay or
provide, to any person, directly or indirectly, a commission, contingency fee or any
other consideration (whether monetary or otherwise) that is dependant upon the
execution of the Agreement or the person arranging a meeting with a public ofhce
holder; and
(e) it will not, during the term of this Agreement, pay or provide or agree to pay or
provide to any person, directly or indirectly, a commission, contingency fee or any
other consideration (whether monetary or otherwise) that is dependant upon the
person arranging a meeting with any official or employee of Her Majesty.
15.4 The Recipient acknowledges that the representations and warranties in this section are
fundamental terms of this Agreement. In the event of breach of these, the Minister may
exe¡cise the remedies provided under subsection 12.3.
16.0 General
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16.1 Any amount owed to the Minister under this Agreement shall constitute a debt due to Her
Majesty and shall be recoverable as such. The Recipient agrees to make payment of any
such debt forthwith on demand.
16.2 Debts due to Her Majesty will accrue interest in accordance with the Interest and
Administralive Charges Regulations, in effect on the due date, plus three percent (3o/o) per
atrnum compounded monthly on overdue balances payable, from the date on which the
payment is due, until payment in full is received by the Minister. Any such amount is a
debt due to Her Majesty and is recoverable as such.
16.3 Any debt due to Her Majesty by the Recipient may be offset against any amounts payable
by Her Majesty to the Recipient. The Minister may set off against the Contribution, any
amounts owed by the Recipient to Her Majesty under legislation or contribution
agreements and the Recipient shall declare to the Minister all amounts outstanding in that
regard when making any claim under this Agreement.
16.4 Neither this Agreement nor any part thereof shall be assigned by the Recipient without the
prior written consent of the Minister.
16.5 Payment by the Minister of amounts due under this Agreement shall be conditional on
there being a legislated appropriation for the frscal year of the Government in which the
payment is due. The Minister shall have the right to terminate or reduce the Contribution
in the event that the amount of the appropriation is reduced or denied by Parliament. In
the event that any portion of the Contribution has been paid to the Recipient and the
legislated appropriation for the fiscal year of the Govemment in which such payment is
made is not obtained, the Minister shall have the right to recover the amount so paid from
the Recipient.
16.6 This Agreement is binding upon the Recipient, its successors and permitted assigns.
16.7 Subject to the Access to Inþrmation Act (Canada), to the Library and Archives AcT of
Canada, to section 8.0 of this Agreement and to Annex 2, the Parties shall keep
confidential and shall not disclose the contents of this Agreement or the transactions
contemplated hereby without the consent of all Parties.
16.8 Notwithstanding subsection 16.7, the Recipient waives any confidentiality rights to the
extent such rights would impede Her Majesty from fulfilling its notification obligations to
the World Trade Organization under Article 25 of the Agreement on Subsidies and
Countervailing Measures.
16.9 This Agreement shall be subject to and construed in accordance with the laws of Canada
and of Ontario.
16.l0ln the event that the Minister is prevented from disbursing the full amount of the
Contribution toward Eligible and Supported Costs incurred prior to March 31,2010, the
Parties agree to review the effects of such a shortfall in the Contribution on the
implementation of the Agreement and to adjust, as appropriate, the mutual obligations
specihed therein.
16.ll If a dispute arises concerning the application or interpretation of this Agreement, the
Parties shall attempt to resolve the matter through good faith negotiation, and may, if
necessary and the Parties consent in writing, resolve the matter through mediation or by
arbitration by a mutually acceptable mediator or arbitration in accordance with the
Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act
(Canada), and all regulations made pursuant to that Act.
16.12 No amendment to this Agreement shall be effective unless it is made in writing and signed
by the Parties hereto.
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16.13No provision of this Agreement or action by the Parties will establish or be deemed to
establish any partnership,joint venture, principal-agent or employer-employee relationship
in any way, or for any purpose, between the Minister and the Recipient, or between the
Minister and a third party. Nothing in this Agreement shall be construed as authorizing
either Party, or any third party, to contract for, incur any obligation on behalf of, or act as
agent for a Party to this Agreement.
16.144ny tolerance or indulgence demonstrated by one Party to the other, or any partial or
limited exercise ofrights conferred on a Party, shall not constitute a waiver ofrights, and
unless expressly waived in writing both Parties shall be entitled to exercise any right and
to seek any remedy available under this Agreement or otherwise at law. Either Party may,
by notice in writing, waive any of its rights under this Agreement.
I 6. I 5 Title to any intellectual property created solely by the Recipient as part of or in respect of
the Project will vest with the Recipient or will be determined by applicable Canadian law,
provided that the Minister shall be given the right to the use of any of such intellectual
property (e.g. brochures, awareness, packages, etc.) for any governmental purposes.
16.16411 reports and other information that the Minister collects, manages or has a right to
receive or produce in accordance with this Agreement, or that the Recipient collects,
creates, manages and shares with the Ministeq shall be deemed to be "Canada
Information". The Minister shall have the right, subject to the provisions of the Access to
Information Acl, to release to the public, table before Parliament, or publish by any means,
any Canada Information, including such excerpts or summaries of the Canada Information
as he may, from time to time, decide to make.
16.17 Competitive process. The Recipient shall acquire and manage all equipment, services
and supplies required for the Project through a transparent, competitive process that
ensures the best value for funds expended. Municipalities must follow their established
procurement protocol as directed by the Municipal Act. All other Recipients must ensure
that for equipment, services and supplies, the estimated cost of which exceeds $25,000.00,
the Recipient shall obtain at least three written quotes, copies of which will be provided to
the Minister. A contract for these must be awarded to the lowest qualified bidder or,
where the bid price is not the sole specified selection criterion, the highest ranked bidder.
16.18 No conflict of interest. The Recipient and its consultants and any of their respective
advisors, partners, directors, officers, employees, agents and volunteers shall not engage in
any activity or provide any services where such activity of the provision of such services
creates a conflict of interest (actually or potentially in the sole opinion of the Minister)
with the provision of services under this Agreement. For greater certainty, and without
limiting the generality of the foregoing, a conflict of interest includes a situation where
anyone associated with the Recipient is able to benefit financially from the Project or
where such a person owns or has an interest in an organization that is canlng out work
related to the Project.
t6.l9Disclose potential conflict of interest. The Recipient shall disclose to the Minister
without delay any actual or potential situation that may be reasonably interpreted as either
a conflict ofinterest or a potential conflict ofinterest.
This offer is open for acceptance for 30 days from the date that appears on its face after
which time it will become null and void.
If further information is required, please contact Alex Weeks at (416) 973-803 I .
Yours truly,
David Elgie, Director
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,A.nnex 1
Recipient:
THE PROJECT - STATEMENT OF WORK
COMMTJNITY ADJUSTMENT FUND
The Corporation of the Municipality of Bayham
ProjectNumber: 845-505156
Project Location: Municipality of Bayham, Ontario
Timing:Project commencement date is August 27, 2009 and project to be
completed on or before March 3 I , 2010.
Purpose/Obiectives/Activities of the Project
The project will help the Community determine whether there is a need for the ferry
service between Port Burwell (Bayham) and Fairport (Ohio).
Forecast that, if the service was available, what would be the projected volume of traffrc
and value of the transported goods. To study the savings in terms of time, fuel costs,
labour costs, and overall efficiencies that would support a commercial ferry service.
The deliverable will be a report providing statistical background information, input from
the transportation industry, and an evaluation to determine the market success of
commercial ferry service. It will provide a recommendation to proceed to Phase 2 of the
Srudy. Phase 2 will involve analysis of how such service will impact the community.
Expected Results ofthe Project
Phase I deliverable will be a report providing statistical background information, input
from the transportation industry and an evaluation to determine the market success of
commercial ferry service. It will provide a recommendation to proceed with Phase 2 of the
Study. Phase 2 will provide an evaluation of impacts and recommend fuhre steps.
Phase I is expected to be complete by December 2009, and Phase 2 March 2010. These
estimates are subject to delails in proposals to be received.
Key ActivitieslDeliverables for Timetable:
Phase I
. Background Research;
. Meetings with industry stakeholders;
. Analysis and Evaluation of findings;
. Prepare a Draft Background Report;
. Circulate Draft Report and present findings to the Steering Committee and Council;
. Revise and Prepare a Final Repod submitted to the Steering Committee;
. Council and Partner Adoption ofReport.
Phase 2
. Prepare a Background Report;
. Draft Report for Circulation and Discussion with Stakeholders;
. Complete a public meeting;
. Rehne the Report and Finalize Recommendations;
. Prepare Implementation Strategy;
. Presentation to Council;
. Public Meeting on the final report;
. Adoption ofthe Final Report by Stakeholders.
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Project Cost and Financing:
Please Note:
l) Eligible and Supported Costs include the amount offederal goods and services
tax (GST), net of any refund or eligible credits due from the Canada Revenue
Agency
2) The Recipient shall not redirect fundlng between cost categories, without
written consent of the Minister
le and Supported Costs $92,000
$115,000
$0
$5,7s0
$19,7s0
Construction
Equipmørt
Professional Fees
Materials and Supplies
Eligible and $232,500
$o
Costs
gible Costs
otal Project Costs $232,500 Total Financing $232,500
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Annex 2
NEWS RELEASE SUMMARY
COMMT]NITY ADJUSTMENT FUND
Project Number: 845-505 1 56
Name & Address of Recipient:Recipient Contact:
The Corporation of the Municipality of Bayham Kyle Kmger, Administrator
P.O. Box 160,9344 Plank Road
Straffordville, ON NOJ 1Y0
Ph: (519) 866-552r
Project Location:
Municipality of Bayham
Project Type:
study
Supported Sector: Strategic Objective:
Professional, Scientific and Technical Services Community Economic Infrastructure
Project Description:
To undertake studies to determine the market feasibility of a ferry service from Bayham to
Fairport Harbour Ohio. The project consists of a market demand study and an impact
study.
(Authorized Assistance)
$92,000
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1.0
tl
Annex 3
COSTING MEMORANDUM
COMMT]NITY ADJUSTMENT FUND
General Conditions
Costs are Eligible and Supported Costs for the purposes of this Agreement only if they are,
in the opinion of the Minister,
(a) directly related to the intent ofthe Project,
(b) reasonable,
(c) appear in Annex I - The Project - Statement of Work,
(d) incurred in respect of activities which are incremental to the usual activities of the
Recipient,
(e) incurred between June 12, 2009 and March 31, 2010,
(Ð incurred before March 3 I , 201 0, and
(g) notwithstanding l.l(e), in no event will the Minister pay more than ten percent
(10%) of the Contribution as set out under 3.1 towards Eligible and Supported Costs
incurred by the Recipient prior to the Commencement Date.
Costs incurred by way of the exercise of an option to purchase or hire are eligible only if
the exercise ofthe option is at the sole discretion ofthe Recipient and the option has been
exercised between June 12, 2009 and March 3 1, 201 0.
Except as outlined in subsection 2.3 of this Annex, the costs of all goods and services
acquired from an entity which, in the opinion of the Minister, is not at arm's length from
the Recipient, shall be valued at the cost which, in the opinion of the Minister, represents
the fair market value of such goods or sewices, which cost shall not include any mark up
for profit or return on investment.
Elieible Costs
Where consistent with the approved Eligible and Supported Costs, as defined in Annex I -
The Project - Statement of Work, the following criteria will be used in determining
eligibility ofcosts:
Travel Costs - Prime Transportation
Eligible and Supported travel costs of travel are those which are deemed necessary to the
performance of the Project. To be eligible, travel costs must be clearly documented as to
the purpose of each trip. Travel expenses, at economy rates, shall be charged as at actual
costs, but only to the extent that they are considered reasonable by the Minister.
Necessary return airfare, train fare or bus fare at economy rates for participating personnel.
Where a personal automobile is to be used, kilometre (mileage) allowance will be based on
current Treasury Board of Canada Travel Directives. Eligible and Supported Costs shall
be limited to the cost that would have been incurred and paid had normal public
transportation at economy rates been used.
Actual costs at the destination will be allowed for food, accommodation and surface
transportation (i.e., taxis, etc.). Meal rates will be based on curent Treasury Board of
Canada Travel Directives. Please note receipts are required for all items except meals.
Entertainment (hospitality) costs are not eligible.
t2
t3
2.0
2.1
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2.2
23
Audit of Project Costs
If expressly approved in writing by the Minister, Eligible and Supported Costs may
include the cost ofprofessional accountants certifying the accuracy ofany costs claimed.
Consultants
The direct costs ofstudies and/or services carried out by a private contractor or consultant
are eligible.
Where a particular contractor or consultant has been specified in the Agreement, and the
Recipient wishes to proceed with the Project using another contractor or consultant, prior
consultation with the Project officer is advised to ensure eligibility.
The Minister shall not contribute to the cost of the services of any consultant that is not, in
the opinion of the Minister, at arm's length from the Recipient.
Calculation of Direct Labour
The Recipient may claim only that time worked directly on the Project and excludes
indirect time, non-project related time, holidays, vacation, paid sickness, etc. Paid
overtime, where considered reasonable in the opinion of the Minister, may be claimed.
Time off in lieu of payment is not eligible. Time claimed will normally be expressed in
hours.
The payroll rate is the actual gross pay rute for each employee (normal periodic
remuneration before deductions). The payroll rate excludes all premiums (e.g. overtime),
shift differentials and any reimbursement or benefit conferred in lieu of salaries or wages
except as noted in the last paragraph.
Fringe benefits (CPP, EI, holidays, and vacations, etc.) of up to an allowance not
exceeding twenty percent (20%) of direct labour may be claimed (supporting
documentation not required).
Goods & Service Tax (GST)
Eligible and Supported Costs include the amount of federal goods and services tax,
(GST), net of any refund or eligible credits due from the Canada Revenue Agency.
In order to have the GST approved as an eligible cost on future claims, the Recipient may
be required to provide documentation verifying the organization's status under GST
legislation.
Inelisible Costs
For greater certainty, any costs not specihcally described as Eligible and Supported Costs
in accordance with section 2.0, shall be ineligible for inclusion in the Eligible and
Supported Costs. By way of example only, ineligible costs include the following:
(a) costs ofland or vehicle purchase;
(b) refinancing;
(c) costs ofintangible assets such as goodwill, whether capitalized or expensed;
(d) depreciation or amortization expenses;
(e) interest on invested capital, bonds, debentures, or mortgages;
2.4
2.5
3.0
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Annex 5
Using the "Purpose/Objectives/Activities of the Project" and "Expected Results of the Project"
sections of Annex l, the Recipient will report monthly to the Minister on the progress of the
Project, including a percentage of completion for each sub-section within Annex L
MONTHLY REPORT
Rennrf fnr fhe Mnnth nf
Recipient: The Corporation of the Municipality of Bayham
ProjectNumber: 845-505156
Project Location: Municipality of Bayham
Purpose/Results:
Action Required Percent Complete
Please answer the following with each report
l. Are all aspects of the project actìvity on schedule?
Yes No unsure
2. Will the Project be complete by March 31,2010?
3. Are all aspects ofspending on schedule?
4. Is there a revised cost forecast?
5. Would a meeting with a CAF Representative be
beneficial now?
A)
B)
c)
D)
E)
F)
G)
DateSignature
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Annex 6
Recipient: The Corporation of the Municipality of Bayham
ProjectNumber: 845-505156
Monfhlv Emnlovment Renort for the Month of
Job Creation
(A) Within Recipient
(B) Job Contractors
Name of Sub-Contractor Companies
1)
2)
3)
4)
5)
Signature
subtotal (A)
Cumulative Person months
Subtotal (B)
Total Person months (A + B)
Cumulative Total Person months
Date
Person months
Person months
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THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2009-114
A BY-LAW TO CONFIRM ALL ACTIONS OF
TIIE COTJNCIL OF THE CORPORATION OF
THE MTINICIPALITY OF BAYHAM FOR THE
REGULAR MEETING HELD OCTOBER I,2OO9
WIIEREAS under Section 5 (1) of the MunicþalAct,2001 S.O. 2001, Chapter 25,the powers
of a municipal corporation are to be exercised by the Council of the municþality;
AND WHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to
be exercisedbybylaw;
AND WIIEREAS the Council of the Corporation of the Municþality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by byJaw.
THEREFORE TIIE COT]NCIL OF THE CORPORATION OF TIIE MTJNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held Octob er 1,2009 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. TIIAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND TIIIRD TIME and finally passed this l'tday of October
2009.
MAYOR CLERK
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