HomeMy WebLinkAboutJune 03, 2010 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, June 3, 2010
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 May 20, 2010.
(b)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - Captain Russell Blais and Mark Ostryhon, Talisman Energy, regarding
proposal for Port Burwell harbour.
(b)7:15 p.m. - Harbourfront Committee regarding divestiture, dredging and
Harbourfront initiatives.
(c)7:25 p.m. - John & Shelley Scott regarding Richmond Community Water.
5.INFORMATION ITEMS
(a)Correspondence received from Association of Municipalities of Ontario regarding
"Ontario Government Promotes the Wise Water Use".
File: A01
(b)Correspondence received from Association of Municipalities of Ontario regarding
"Bill 16, Schedule 25, Public Sector Compensation Restraint to Protect Public
Services Act, 2010".
File: A01
(c)Ontario Good Roads Association "Board Brief" dated April 2010.
File: A01
5-16
17-20
21-23
24
25-27
28-29
Page 1 of 118
Council Agenda June 3, 2010
Page
5.INFORMATION ITEMS
(d)Correspondence dated May 6, 2010 from Minister Without Portfolio, Responsible
for Seniors regarding "Senior Achievement Award".
File: A16
(e)Correspondence dated May 28, 2010 from Municipal Property Assessment
Corporation regarding "Settlement with Ontario Public Service Employees Union
Ratified".
File: A16
(f)Correspondence dated May 2010 from Ministry of Aboriginal Affairs regarding
"Violence Against Aboriginal Women",
File: A16
(g)Elgin County Matters newsletter dated May, 2010.
File: A16
(h)Bayham Harbourfront Committee minutes of meeting held May 11, 2010.
File: C06
(i)Correspondence dated May 21, 2010 from The Corporation of the Municipality of
Arranelderslie regarding "Industrial / Commercial Wind Generation Facilities (Wind
Turbines) By-Law 14-10".
File: C10
(j)Correspondence dated May 2010 from Ministry of Citizenship and Immigration
regarding "Ontario Medal For Good Citizenship".
File: M02
(k)Correspondence dated May 26, 2010 from Elgin County OPP regarding various
items.
File: P17
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
(b)Staff Report D2010-15 regarding Mennonite Church in Christ Site Plan Agreement
(By-Law 2007-063).
File: D11
7.ROADS, AGRICULTURE & DRAINAGE
30
31
32-33
34-37
38
39-43
44
45-46
47-58
59-60
Page 2 of 118
Council Agenda June 3, 2010
Page
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report PW2010-07 regarding Replacement Truck - Fire Chief.
File: P16
(b)Staff Report PW2010-08 regarding One Ton Low Boy Truck.
File: F18
(c)Staff Report PW2010-09 regarding Carson Road Bridge Closure.
File: T04
(d)Staff Report PW2010-10 regarding Best Line Road Closure.
File: T09
(e)Staff Report PW2010-11 regarding Information regarding Canada Post Boxes.
File: C13
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Staff Report PW2010-06 regarding Promote Waterfront and Beach.
File: R06
(b)Staff Report FD2010-002 regarding Station #1 (Port Burwell) Replacement.
File: P16
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #8526 to Cheque #8593 inclusive, except Cheques
#8402 totaling $300,956.43 and Payroll Disbursements for the period ending May
16, 2010 totaling $56,419.22.
(b)Staff Report H2010-05 regarding Violence in the Workplace Policy.
File: A09
10.ENVIRONMENT
(a)Staff Report E2010-07 regarding Pickup truck tender results.
File: F18
(b)Staff Report E2010-08 regarding Septage Disposal Fees.
File: E01
11.COMMITTEE OF THE WHOLE
61-62
63-66
67-68
69-70
71-79
80-86
87-88
89-100
101-105
106
107-108
Page 3 of 118
Council Agenda June 3, 2010
Page
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed session minutes of the regular meeting of Council held May 6, 2010.
(c)Confidential item regarding litigation or potential litigation - Bayham v. Csinos
(d)Out of Camera.
12.BY-LAWS
(a)By-Law 2010-053 A By-Law to further amend By-Law 2007-023 to regulate
building construction, demolition, change of use permits, septic systems, sewer
connection permits and inspections.
(b)By-Law 2010-054 A By-Law to authorize the execution of an easement
agreement (Moore)
(c)By-Law 2010-055 A By-Law to authorize the execution of a contract
(Endangered Species Act)
(d)By-Law 2010-056 A By-Law to further amend By-Law 2005-102 (Rates and
Fees)
(e)By-Law 2010-057 A By-Law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
109-110
111-115
116
117
118
Page 4 of 118
COUNCIL MINUTES
THE CORPORÁ.TION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, May 20,2010
7:00 p.m.
7:30 p.m. Public Meeting - Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,May 20,
2010 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor CliffEvanitski,
Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk
Lynda Millard.
Planning Coordinator / Deputy Clerk Margaret Underhill, Chief Building Official / Drainage
Superintendent Bill Knifton and Public Works Manager Gerry LeMay, were in attendance to
present their respective reports. Fire Chief / By-Law Enforcement Officer Gord Roesch was in
attendance for firefighter presentations.
1. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
(a) Presentation of Provincial Firefighter Certification to Captain Chris McQuiggan.
Mayor Acre presented a certificate to Captain Chris McQuiggan in recognition of
obtaining Provincial Firefighter Certification.
(b) Presentation of cheque from Port Burwell firefighters regarding donation to purchase
Ice / Water Rescue Equipment.
Firefrghters Nathan Dawley and Todd McMillan presented a cheque in the amount
of $10,500 to Mayor Acre on behalf of the Port Burwell firefighters to be used to
purchase Ice / Water Rescue Equipment.
2. DISCLOSURE OF PECI'NIARY INTEREST & THE GENERAL NATURE
THEREOF
None.
3. ÄPPROVAL OF'MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held May 6,2010.
20t0-203
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"TIIAT the mÍnutes of the regular meeting held May 6,2010 be approved
as circulated.tt
CARRIED UNANIMOUSLY
Page I of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 5 of 118
Council Minutes
4. DELEGATIONS
}ulay 20,2010
(a) 7:15 p.m. - Paul Vyse representing Port Burwell Optimist Club regarding Tub Daze
arrangements.
Paul Vyse advised that exha portables are necessary to accommodate beer tent
patrons during Tub Daze festivities. He noted that placement within the fenced area
assists in maintaining controlled access for users, particularly in the evening. Mr.
Vyse added that beach users would be welcome to use the portables and that
signage to that affect could be placed.
It was suggested that the Municipal Assistance application requesting specific
assistance be submitted for Council consideration. As well, efforts were encouraged
to maintain good visibilþ between the permanent washrooms and the concession
booth.
(b) 7:45 p.m. - Wanda Hoshal regarding Estherville Cemetery and results of lawsuit
regarding the Csinos property.
Wanda Hoshal advised that the one marker had been repaired and offered to clean
the second. She added that the Cemeteries Branch had advised that the marker
must be placed by the municipality not the volunteers.
Mrs. Hoshal requested the outcome of the pending lawsuit regarding the Csinos
property.
The Adminishator advised that the decision in the case has been reserved.
Mrs. Hoshal questioned cheque payments to Claims Pro and was advised that an
insurance claim had been filed and the payment was made as part of the deductible
by the municipality .
M¡s. Hoshal advised that the anthropology department at McGill Universþ is
interested in utilizing new forensic techniques in regard to deterrnination ofbody
burials in the property adjacent to the Estherville cemetery.
Mrs. Hoshal was requested to keep Council and staffinformed of any progress.
5. INFORMATION ITEMS
(a) Conespondence from The A¡ts and Cookery Bank regarding "Tourism Bootcamp
2010".
File: 401
(b) Correspondence dated May 10, 2010 from County of Elgin regarding "Proposed
Changes to the County Road Maintenance Agreement".
Page2 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 6 of 118
Council Minutes Illday20,2010
File: A16
(c) conespondence dated May 7,2010 from Municipality of Dutton/Dunwich
regarding "Weigh Scales".
File: A.16
(d) Conespondence from Minister Responsible for Seniors regarding "Seniors' Month".
File: 416
(e) Bayham Historical Society minutes of meeting held April 8, 2010'
File: C06
(Ð Museums Bayham minutes of meeting held April 14,2010.
File: C10
(g) Bayham Harbourfront Committee minutes of meeting held April 20,2010.
File: C06
(h) Lake Erie Region Source Protection Committee minutes of meeting held April 1,
2010.
File: E00
20t0-204
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a) through 5(h) be received for information.'r
CARRIED UNANIMOUSLY
6. PLAI\NING. DEVELOPMENT. RECREATION & TOURISM
1. CorresDondence and RePorts
(a) Conespondence from County of Oxford regarding "Application for Ofücial Plan
Amendment.
File: D08
20t0-205
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
.THAT Application for Oflicial Plan Amendment from the County of
Oxford be received;
AND THA,T staff be authorized to provide comment encouraging some
consideration for extension of services outside oxford county
boundaries."
Page 3 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 7 of 118
Council Minutes
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
M;ay20,2010
2010-206
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned in order to hotd a Public Meeeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
1. Public Meetins
7:30 p.m. Moore Rezoning - to change the zoning on a parcel of land from the
Hamlet Residential (HR) Zone to the site-specific Hamlet Residential [HR-s(h)]
Zone tn the Zoning By-law.
t
None.
3. StaffPresentation
(a) staff Report D2010-13 regarding Moore Rezoning - Draft By-law 2579-
20t0.
File: D14
Staff Report D2010-13 was presented by the Planning Co-ordinator. She
advised that no written comments or concenm had been received from the
public. She added that Mr. Roe, agent for the applicant, was in attendance
to address any questions f¡om Council.
4. Public Comments
Mr. Roe advised that a local surveyorprovided a copy of the survey showing an
existing unregistered easement for the subject lands across the former railway line
that existedunder the Railway Act.
5. Council Comments and Ouestions
Councillor Taylor questioned whether there are any changes to existing maps to
which he was advised there are not.
Page 4 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 8 of 118
Council Minutes I|ilay20,2010
Deputy Mayor Evanitski questioned whether there was any difference in
comparison to a similar application for property to the north.
He was advised that the change is to rezone an existing lot where the other property
in question referred to a request to create a new lot.
Councillor Ketchabaw questioned the difference for a private versus a public drive.
He was advised the application is to recognize the existing unregistered easement
with the former railway company prior to municipal ownership.
6. Adiournment
2010-207
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Pubtic Meeting be adjourned at 7:35 p.m."
CARRIED TINANIMOUSLY
7. Disposition of ltem
20t0-208
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2010-13 regarding the Estate of George Stanley Moore
rezoning be received;
AND THAT the zoning of those lands located in Concession I Part Lot 23,be
changed from Hamlet Residential (IIR) to site-specific Hamlet Residential -
Holding [HR-5 (h)] Zone;
AND THAT ZoningBy-law 2579-2010 be presented for enactment."
CARRIED LTNANIMOUSLY
7. ROADS, AGRICULTURE & DRAINAGE
(a) Staff Report DR2010-008 regarding Smith Drain Branch No' 7.
File: E09
2010-209
Moved by Councillor W Casier
Page 5 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 9 of 118
Council Minutes i|lday20,2010
Seconded by Deputy Mayor C Evanitski
"TIIAT StaffReport DR2010-008 regarding smith Drain Branch No. 7 be
received;
AND THAT Council accept the tender for provision of drainage works set
out in the tr'orm of Tender for the Smith Drain Branch No.7, as submitted by
A.G. Hayter Contracting Ltd, in the amount of $39"354.00 (including GST)'
with work to commence on or before ll.{ay 17r 2010 and to be fully completed
on or before June 30, 2010;
AND THAT ByJaw 2010-049 authorizing the execution of contract
documents be presented to Council for enactment."
CARRIED T.JNANIMOUSLY
(b) Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure.
File: T04
2010-210
Moved by Deputy Mayor C Evanits
Seconded by Councillor W Casier
"TIIAT StaffReport PW2010-05 regarding Repairs to carson Bridge
Structure be received;
AI\D THAT By-Law 2010-048, being a bylaw to authorize the execution of
an agreement with Carlington Construction Inc. of Stoney Creek Ontario to
execute repairs to the Carson Road Bridge be presented to Council for
enactment.t'
CARRIED UNANIMOUSLY
(c) Staff Report PR2010-04 regarding Road closure Application - Lots l0 and 11,
Concession 3.
File: T09
Councillor Taylor noted this item did pertain to mapping changes and advised of his
opposition to changes being made without the maps being confirmed correct.
20r0-2ll
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Page 6 of72
Minutes of the regular meeting of Council held May 20, 2010.Page 10 of 118
Council Minutes Illay20,2010
"THAT StaffReport PR2010-04 regarding Road Closure Application - Lots
10 and 11 Concession 3 be received;
AND THAT Bylaw No. 2010-050, being a by-law to stop up, close and
convey part of the road allowance between Lots 10 and 11 in Concession 3
be presented to Council for enactment.
CARRIED
8. PROPERTY. BTIILDING & PROTECTIVE SERVICES
(a) Correspondence dated May 11, 2010 from Ontario Early Years Centre Elgin-
Middlesex-London regarding " Summer Park Program".
File: Cl3
20r0-212
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
*THAT the correspondence dated May 11,2010 submitted by Bev Fellows
on behalf of the Ontario Early years Centre Elgin-Middlesex-London be
received;
AND THAT council supports the request for permission to use green space
at the Straffordville Community Park on Friday mornings from 9:30 a.m. -
11:30 a.m. for the period July 9, 2010 - August 27,2010, subject to proof of
liability insurance coverage, naming the Municipality of Bayham as an
additional insured, in the minimum amount of $2,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
(b) StaffReport P2010-005 regarding Building By-Law Amendment - security
Deposits.
File: P10
20t0-2t3
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report P2010-005 regarding a proposed building by-law
revision be received;
PageT of12
Minutes of the regular meeting of Council held May 20, 2010.Page 11 of 118
Council Minutes l|'lay20,2010
AND THAT Council directs staffto amend the "Building By-Law" to make
provisions for a SecuritY DePosit;
AND THAT a draft byJaw of the "Building By-Law''be prepared for
enactment bY Council."
CARRIED UNANIMOUSLY
g. FINANCE. ADMINISTRATION & PERSOI\NEL
(a) Cheque Register being Cheque #8443 to Cheque #8525 inclusive, totaling
$230,109.6ó and Payroll Disbursements for the period ending May 2,2010 totaling
$51,997.38.
2010-2t4
Moved by DePutY MaYor C Evanitski
Seconded bY Councillor W Casier
"THAT Cheque Register being Cheque #8/,43 to Cheque #8525 inclusive,
totaling $230J09.60 and Payroll Disbursements for the period ending May
2,2010 totaling $51,997.38 be approved."
CARRIED UNANIMOUSLY
(b) StaffReport F2010-04 regarding Council Remuneration & Expenses.
File: F03.03
20r0-2ls
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT StaffReport F2010-04 regarding council Remuneration &
Expenses be received for information."
CARRIED TINANIMOUSLY
(c) Staff Report C2010-06 regarding Potential Medical Centre Partnership.
File: S08
There was discussion regarding partnering with Malahide, Aylmer and Central Elgin
in efforts to supporting expansion of the existing medical facility in Aykner and
enhance doctor recruitment. The Bayham share of associated costs was proposed at
19%.
Page 8 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 12 of 118
Council Minutes llrlay20,2010
2010-216
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
*TIIAT StaffReport C2010-06 regarding Potential Medical Centre
Partnership be received;
AI\D THAT the Municipality of Bayham agree in principle to participate in
a medical centre partnership with the Municipalities of Aylmer, Central
Elgin, and Malahide."
CARRIED UNANIMOUSLY
(d) Correspondence dated April 30, 2010 from JGM Consulting regarding "Closed
Meeting of April 1,2010".
File: 409
2010-217
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
I'THAT correspondence and Report On Complaint dated April30' 2010
from JGM Consulting regarding closed Meeting of April1,2010 be
received for information."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Correspondence from T & D Consulting regarding "Water Infrastructure"
File: C13
Rob and Bob Thompson, owners of the two eight unit properties raised concerns
regarding the proposed costs for water infrastructure renewal. They requested that
assessment for one connection only per property be considered.
20t0-218
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
*THA.T correspondence from Rob Thompson, T&D Consulting regarding
Water Infrastructure be received for information.rr
CARRIED I.JNANIMOUSLY
Page 9 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 13 of 118
Council Minutes l|lday20,2010
(b) Conespondence dated Apid27,2010 from Lake Huron & Elgin Area Primary
Water Supply Systems regarding "Bill 13 - Sustainable Water and Wastewater
Systems Improvement and Maintenance Act, 2010"'
File: E08
2010-219
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Lake Huron & Elgin Area Primary Water
supply systems regarding Bill13 - Sustainable water and wastewater
systems Improvement and Maintenance Actr 2010 be recieved for
information."
CARRIED I.INANIMOUSLY
(c) correspondence received May 12,2010 from spriet Associates regarding
',Muniðipal Class EA Project Notice to Review Agencies Elgin County Road 24
(Dexter Line Relocation Project)".
File: T06
2010-220
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Spriet Associates regarding Municipal Class
EA Project Notice to Review Agencies Elgin county Road 24 @exter Line
Relocation Project) be received for information'"
CARRIED UNANIMOUSLY
(d) Correspondence received from Federation of Canadian Municipalities regarding
"Proposed New Wastewater Regulations".
File: 401
2010-221
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
*THAT correspondence from the Federation of Canadian Municipalities
(FCM) regarding Environment canada's proposed new wastewater
treatment regulations be received;
THAT FCM call on the federal government to work with municipalities,
Page 10 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 14 of 118
Council Minutes N'{.ay20,2010
provinces and territories to develop a cost-shared financing and
implementation plan for these new wastewater regulations, as part of a long-
term national plan to eliminate the municipal infrastructure deficit;
AND THAT FCM call on Environment Canada' as a first step in the
development of a cost-shared funding plan, to commit to work in partnership
with municipalities to establish a thorough and objective estimation of the
front-line costs and trade-ofß of meeting the regulations and to resolve
outstanding technical and implementation issues."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
(b) Closed session minutes of the regular meeting of Council held May 6,2010.
Closed session minutes were deferred to a future meeting.
(c) Out of Camera.
12. BY.LAWS
(a) By-Law 2010-048 A By-Law to authorize the execution of an
agteement (Clarington Construction lnc.)
(b) By-Law 2010-049 A By-Law to authorize the execution of an agreement (A.G
Hayter Contracting Ltd.)
(c) By-Law 2010-050 A By-Law to stop up, close and convey part ofunopened
Road Allowance (Lots 10 & 11, Concession 3)
(d) By-Law 2010-051 A By-Law to further amend By-Law 2010-001 (Appointing
Members to Boards and Committees)
(e) By-Law 2579-2010 A By-Law to further amend By-Law 2456-2003 (Moore)
2010-222
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
" THA,T By-Laws 20 1 0-048, 2010 -0 49, 2 0 I 0-050' 20 10-05 1 and 257 9 -2010
be read a first, second and third time and linally passed."
CARRIED UNANIMOUSLY
Page 1l of12
Minutes of the regular meeting of Council held May 20, 2010.Page 15 of 118
Council Minutes May20,2010
(Ð By-Law 2010-052 A By-Law to confirm all actions of Council
20r0-223
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"That confirming By-law 2010-052 be read a first second and third time and
finally passed."
CARRIED TINANIMOUSLY
13. ADJOURNMENT
(a) Adjoumment
2010-224
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at9z2l p.m."
CARRIED UNANIMOUSLY
MAYOR
Page 12 of 12
Minutes of the regular meeting of Council held May 20, 2010.Page 16 of 118
Port Burwell Harbour(Preliminarv & for discussionsì
Port Ownership and Operational structure
Al Ownership : Non Profit Association
Ferry Operator/F ishermen Ass. /Tal isman E nergy/etc...l b
Bl ManaqemenUOperations board :
I . Representative of each Part-Ow ners-Adm i n istrators
2. General Manager and Employêês = 3 part time
3. Sub Contractors on demand only
lnvestme nts(Pre liminarv)
A) Re-habilitation costs + basic infrastructures : $ 5,000,000 at start up est...
- lnspection of the west dock structure and repair if necessary
- Solidify surface above the treatment plant discharge or re-locate if
necessary
- Raise the dock surface by 1.0 meter and pave (East winds wash)
- lnstallfencing/camera systems to meet GBSA requirements
- Build temporary waiting room, ticket booths, restrooms, etc...
- Clean the river bed to rock bottom depth at the end of dock
- Cleaning of a channel from the end of the west pier leading to deep water
offshore (est... 500 x 125 meters by 6.5 meters)
- This should bring the cleaning of the harbour/channel to a 3 years period
1. The ferry is ready to operate and generate revenues for the harbour
2. Address the river bed inside the 2 piers to depth to be investigated
B) Year maintenance costs : $ 600,000
C) Employees Salaries : $ 200.000
Year Total : $ 800,000 est...
Recuperation of Port Expenses
Budqet : $800,000 year ( Less )
a. Yearly lease of area required by Usersnr
b. Additional payments per Visits or PalCars/Busses/TTs
7:05 p.m. - Captain Russell Blais and Mark Ostryhon, Talisman
Energy, regarding proposal for Port Burwell harbour.
Page 17 of 118
The followinqs are for discussions onlv. between Bavham and
the Port Authoritv/ferrv service.
lmportant : The most important aspect of future developments of the
harbour taken into consideration :
A) Not to repeat Port Stanley inconspicuous development of its lands around
the Harbour.
B) Use Port Stanley as a template as to what to do or not
C) Split commercial (Ferry) with recreational (Tourism)
D) Port Burwell has a second chance to re-develop its waterfront in an
environmentally friendly manner, in all respect with its past and the nearby
population. (Which is not the case with Port Stanley)
West side of the harbour
1. Provincial Park should remain where it is and expanded with more access
to services : electricity, rest Rooms, Park convenient store, access to
beaches and west breakwater/Etc...). At short term, this park will draw US
tourists (RVs/Gamping) and keep them in Port Burwell until more services
(Hotels/Restaurants/lnfrastructures/Etc) are in place. (Otherwise and until
infrastructures are in place, Port Bunrell will only be a pass through for the
tourists on their way to Port Stanley/etc...)
2. ln line with the sewage plant, a parking area should be kept for the
fishermen/visitors wanting to go to a west breakwater catwalk.
3. A strip of land (9 meters wide outside the ferry fenced area ) should be kept
along the full length of the west pier leading up the river for dock
maintenance/tourists/commercial and local population use.
4. To investigate: position of a berthing place Íor75 x 15 meters to be used
by small foreign/lakes passengers ships or major yachts inside the piers
on the ferry side of the harbour. (Gustoms clearances would be obtained at
the ferry facilities) (To investigate : Disturbance of the river flow, costs to
keep the depth of water at 6 meters depth, elc...???)
5. The west side of Chatham St. bordering the Provincial park should be kept
for commercial use (Hotel/Tax free shops/etc...)
6. Lands for the ferry serv¡ce operations :
- Land from the end of the west dock in line with the east side of
Chatham street (allowance of 9 meters strip of land kept along the
river) including Mr. Ron Bradfield Marina and the fishery market.
These facilities would be relocated on the east (Tourism) side of the
harbour.
7:05 p.m. - Captain Russell Blais and Mark Ostryhon, Talisman
Energy, regarding proposal for Port Burwell harbour.
Page 18 of 118
- On a long term, these premises will be used as an exit route
(Through Hurley Lane) for the ferry users avoiding high density
traffic on Ghatham/Bridge streets and this land area would also be
used for welcoming/advertising boards for local sites to visit and
businesses.
- At long term, Chatham Street would be kept for the Provincial Park
tenants, visitors to the west breakwater, service to the Municipal
sewage plant, outgoing ferry Users and the new road along the river
would be an exit for the incoming ferry Users. (Or the other way
around)
- The ferry operational land will have to be fenced to comply with the
lnternational Regulations ISPS. (Federal Gov't paid)
- Mr. Bradfield marina will be addressed later as well as the fish
market and playground. ( East side of the river and I understand that
the local population has already asked to move the playground in
the east beach area )
- A road will be kept going across the ferry land giving access to the 9
meters strip of land along the river west dock and the Town of Port
Burwell east beach, local restaurants and stores via a small lift
bridge across the river. To be used by the camping ground tenants,
ferry tourists, walkers, bicycles, golf carts and light means of
electrical transportation only. (Environmentallv friendlv)
East side of the piers : (This side of the harbour will be Bayham call only)
A) All lands at the bottom of the Hill along the river and on the East Beach
area should be kepUdedicated for tourism attractions : festivals, concerts,
summer commercial use as Souvenirs Shops, marina, fishermen market,
boutiques, concerts, educational purposes, etc...(No residential :
Gondos/etc... should be allowed)
B) Residential/commercial should be kept on top of the Hill in the Village in all
respect with the actual population and the origins of the Village.
C) A marina ( 50 boats or less) should be developed on the east side of the
east pier end. (Concrete boxed filled with sand recuperate from dredging)
(To be investigate later)
D) A service road only should be built linking the West Beach entrance to an
exit on the East end of the Beach.
E) Upper (Up hill) and lower (Docks/Beach area) should be linked by open
stainrvays.
7:05 p.m. - Captain Russell Blais and Mark Ostryhon, Talisman
Energy, regarding proposal for Port Burwell harbour.
Page 19 of 118
Works to be investiqated and Aqenda
01. Study Port Bunrellthe last 50 years bathymetric
02. Raise the ferry docks surface by 4 feet and compact for heavy traffic
03. Remove drain from local sewage system, relocate and renew
04. Fence the ferry High Security Area and install camera systems
05. Re-enforce the west breakwater and install a wooden catwalk
06. Dredge inside the breakwater to 6.f meters
07. Build ferry facilities/ramps/etc...
08. Build access roads and long term parkings areas for walk on passengers.
our facilities and Bavham Authorities will have the last word on ¡ts own
development.
7:05 p.m. - Captain Russell Blais and Mark Ostryhon, Talisman
Energy, regarding proposal for Port Burwell harbour.
Page 20 of 118
My name is Shelley Scott and I am here representing the users of the Richmond
Community Water Inc.
We as a community feel that we are being terorized and abused by the Ministry of the
Environment and as a result the Municipality of Bayham. Our water system has been in
operation for better than 50 years, increasing by the number of users to approximately 51
members. In the past recent years we as ur¡ers have followed the instructions of the
Ministry of the Environment wfüch involved incuning a debt to the Mrmicipalþ of
Bayham of over $35,000. This MinisEy has decided that or¡r water system is not safe and
that we are no longer capable ofmanaging this system ourselves (volunteers) and that the
Muicipality of Bayharn is better qualified to do so at a firther expense to the users. The
people now caring for the operation of this system have no more expertise than the
volunteers who were managing in the past. Courses required for the water management
by the Ministry \ilere completed and passed by 3 volunteer individr¡als who then were
taking care of the operation on behalf of the users. Now, there a¡e Municipal union
employees who are paid at minimum 4 hrs per day to do the sarne job. On average our
volunteers took% hr per day with additional time for routine maintçnance. Where is the
fairness in this for the people of Richmond. We have been instnrcæd by the Municipality
to pay $145. per month to cover these wages as well as what they say are miscellaneor¡s
expenses .t¡re are responsible for with regard to developing an alternate sourc€ so ïve can
bave SAFE drinking water. Each month the municipality is expecting our community to
provide over $7,000. On top of this we still need to repay the $35,000. owed to the
Mmicipality. In these exEemely difficult economic times where ¿¡re we expected 1o get
this additional $145. per month? There are seniors on fixed income, out ofwork families,
single income faurilies,low income individuals and families. Many barely make ends
meet and are on the brink of bankruptcy. This situation is totally unacceptable to us as
residerits of Ontario. We need your help to find a solution to this economic disaster
before the hamlet of Richmond is destroyed. The Municipality says that ifthe water
invoices are not paid by the users, the $145. per month I'vill be added to our land taxes
and if that is not paid they will take ou¡ homes. We acknowledge that our systern is
deficient but this is not the fault of the r¡sers. We have followed the Ministry's
instructions with no indication that they rmderstand or care about or¡r situation. Meetings
with representatives have been a complete waste of tíme because they are not willing to
listen to the plight of our commrmity. There is no money within orr cornmunity to cover
these invoices. It is time for the Municipality to stand up to the Minisqy of the
Environment and demand that the Ministryprovide finances to do whatever is required to
satisff their requirements. Are you ready to fight for your constitue,nts? This is a matter
of doing what is right. You have been elected to representyour community and it is time
you did so.
7:25 p.m. - John & Shelley Scott regarding Richmond Community
Water.
Page 21 of 118
Richmond Communitv Water Subscribers Ouestions
li Why is bottled drinking water not supplied to the residents of Richmond by the
Municipality ?.
The residents of Walkerton didn't pay for the drinking water that was supplied to
them.
2l Why were Building Permits issued for the construction of new homes in Richmond,?
The Municipalþ was aware of the water problems Richmond was facing.
3l Canthe $145 rate be lowered to help ease the hardship on the Residents of Richmond?
4l If it is a Part-Time municipal worker who is testing Richmond Water, why hasn't
Vienna & Port Burwell rates increased? Based on a mwricipal worker testing
Vienna & Richmond.
5/ Why are we paying benefits for a part-time worker?
6/ Is there any kind of resource to help pay for this?
TlIs it possible to have a posting of water testing results made available to the community
via e-mail, website or mailbox posting?
8/ What happens if no water is found that meets MOE standards?
9/ Is finding a nevr source the solution?
The MOE said that there will still be upgrades etc, which the Hamlet of
Richmond can't afford .
l0/ Why is there a 5o/o intercst fee tacked on to the water bills if not paid?
11/ What is the breakdown of hours in April2010 for Richmond Pumphouse ?
121 W}lly were the residents of Richmond not notified about the Drinking water advisory
issued on Mayl4th, before 5:00pm ?
13/ V/ere we not already under a drinking 'Water Advisory ?
l4l Why are we paying $3855.00monthlyforapart-timeemployee ?
15/ Please explain what Sundry is ?
16/ Which Richmond residents are paying $14700. ayear ?
17l Why are'we are paying benefits for a municipal worker when some residents of
Richmond can't afford basic benefits themselves ?
7:25 p.m. - John & Shelley Scott regarding Richmond Community
Water.
Page 22 of 118
18/ Will it ever be possible for Richmond residents to get off this system and drill their
ownwell?
19/ Why ¿ue we paying vehicle maintenance at $330.00 / month?'When a non municipal vehicle has been seen working on this system.
If this is a personal vehicle, are we being billed for it as well , and is this individual being
paid mileage?
20l V/ho was it that set the $145.00 monthly rate ?
The MOE or the Municipality of Bayham? ---- If it was the Municipality, SIIAME ON
THEM for even thinking that the Richmond residents could afford this !!!
2Il Whathappened to the water on Sat. Mray 29th ?
221 Are the people who take care of our system dedicated to this job only ?
If they have additional duties, is the amount we pay to the municipality paid to
them as overtime ?
231 Startec said that they would be in Richmond drilling and putting in test wells to flrnd
a new source of water.
To this date, I haven't seen them. Are they charging us by the day too ?
7:25 p.m. - John & Shelley Scott regarding Richmond Community
Water.
Page 23 of 118
A lf O fi-,'r',:frl,'',i.:t r onrario
5
AMO breaking news- May 18,2010
AO I
Ontario Government Promotes the Wise Water Use
The Ontario Government introduced the Water Opportunities and Water Conseruation Act
today. lf passed, the legislation would help Ontario water technology companies develop and
market their products at home and abroad and encourage Ontarians to use water more
efficiently.
ln addition, the legislation would help municipalities improve the efficiency of infrastructure and
services by:
o Looking for innovative, cost-effective solutions to solve water challenges, including water
conservation;
. Optimizing systems and improving water conservation;
. ldentifying opportunities to demonstrate and implement new and emerging Ontario water
technologies and services; and,
. Moving toward measures and targets to demonstrate progress.
AMO will be examining the legislation to ensure that it is practical, and to foster a partnership
approach to improving water conservation in Ontario.
AMO Contact: Craig Reid, Senior Policy Advisor at creid@amo.on.ca or 416-971-9856 ext. 334
Correspondence received from Association of Municipalities of
Ontario regarding "Ontario Government Promotes the Wise Water
Page 24 of 118
A ll O fi"-", :l;Ï,'*i,i,r o n ta ri o
5
AMO Breaking News - May 18, 2010
A Ò I
B¡ll 16, Schedule 25, Public Secfor Compensation Restraint
to Protect Public Servrces Act, 2010
Status of the Bill
On March 25,2010, the Ontario Government tabled Bill 16, Creating the Foundation for Jobs
and Grovvth Act, 2010. This Act amends or repeals various statutes to give effect to the
initiatives outlined in Ontario's 2010 budget. Schedule 25 of the Bill enacts the Public Secfor
Compensation Restraint to Protect Public Seruices Act, 2010.
The Bill was referred to Standing Committee on Finance and Economic Affairs and has been
amended. The Bill received Third Reading today.
Public Sector Compensation and Municipal Governments:
. This Actfreezes the compensation structures of non-bargaining political and Legislative
Assembly staff, as well as non-bargaining employees in the broader public sector, for a
period of two years, between March 24, 2010 to March 31,2012.
. This Acf DOES NOT apply to:
o Municipalities;
o Local boards, as defined under the Municipal Act, 2001, except for Boards of
Health. (This was an amendment to the Act brought forward by the government at
Standing Committee. See below for additional information);
. Every authority, board, commission, corporation, office or organization of persons,
some or all of whose members, directors or officers are appointed or chosen by or
under the authority of the council of a municipality, except for those specifically
listed in section 3(1) of the Act.
. The Act also DOES NOT apply to public sector employers whose employees collectively
bargain compensation. This includes:
. Trade unions under the Labour Relations Act, 1995;
o An association recognized under the Police Seruices Act;
. The Association as defined in section 1 of lhe Ontario Provincial Police Collective
Bargaining Act, 2006;
o An association recognized under the Part lX of the Fire Protection and Prevention
Act, 1997.
Correspondence received from Association of Municipalities of
Ontario regarding "Bill 16, Schedule 25, Public Sector
Page 25 of 118
. Employees represented by any organization that has collectively bargained with the
employer terms and conditions of employment related to compensation that the
employer has implemented, or employees who are represented by an organization
that has established a framework to collectively bargain terms and conditions of
employment related to compensation with an employer before March 25,2010.
The Act as amended will impact all 36 Boards of Health:
The second reading amendment brings the Act's coverage into play for some of AMO
members. ln tabling the motion to amend the Bill, it was noted by a government member of the
Committee that:
"The particular motion clarifies that the legislation applies to boards of health, which are
75% funded by the province. ..."
Accordingly, Single and Upper-Tier Municipalities are strongly encouraged to undergo a review
of the Act and the Health Protection and Promotion Act in order to carry out a local
assessment of the implications associated with this proposed amendment.
lf it is determined that some or all non-unionized public health employees are covered by the
Acl the following should be considered in establishing a compliance plan:
o The rate of pay of covered employees and the maximum amount of pay within a pay range
cannot be increased before April 2012, Although an employee may continue to progress
through a pay range, their wage grid cannot change.
. Nothing in the Act reduces any rights under lhe Human Rights Code, the Employment
Sfandards Act, 2000 or the Pay Equity Act.
. The specific restraint measures are stated in sections 7 lo 11 of the Act. Section 12
provides that the Act prevails over any provision of a compensation plan.
. Section 13 requires employers to report on compliance with the restraint measures that
apply to these employees. The Province has authority to prescribe the form and manner of
the reporting.
What else a municipality needs to know:
Despite the broad based exemptions from the application of the Acf for any public sector
employers whose employees collectively bargain compensation, the Government stated in its
2010 Budget:
"Going fonryard, the fiscal plan provides no funding for incremental compensation
increases for any future collective agreements.
All existing collective agreements in the public sector will be honoured. As agreements are
renegotiated, the government will work with transfer payment partners and bargaining
agents to seek agreements of at least two years' duration. These agreements should help
manage spending pressures, protect public services that Ontarians rely on and provide no
net increase in compensation."
Correspondence received from Association of Municipalities of
Ontario regarding "Bill 16, Schedule 25, Public Sector
Page 26 of 118
o The Government has also stated in its 2010 Ontario Budget FAQ (on Ministry of Finance
website):
"All employers and employees are expected to do their part, regardless of when the
applicable collective agreement expires. "
o AMO is continuing to seek clarification on a number of matters, both as relates to the
legislation itself and to the commentary about expectations within the broader public
sector. For example, AMO is seeking guidance as to whether the province will support
municipal governments if the municipal government seeks no net increases in
compensation in a collective agreement, and the matter proceeds to interest arbitration.
o The Province has not provided any other direction or guidance in respect of what it means
by "working with Transfer Payment recipients and their bargaining agents".
o lt is expected that employers in the "MUSH" sector will face a number of consequences
arising out of this legislation, including increased union organizing efforts related to
employees affected by the legislation and a potentially reduced ability to attract and retain
employees.
AMO Contact: PatVanini, Executive Director, at pvanini@amo.on.ca or 416-971-9856 ext. 316
Correspondence received from Association of Municipalities of
Ontario regarding "Bill 16, Schedule 25, Public Sector
Page 27 of 118
Ontorio Good Roods Associotion
New!
ie{ flørø lor lhg. Frøneh Vørsi on
New Diree lor for G.S. Anderson
Rood School
Dovid Leckie, Director of Roods ond Troffìc,
City of London ond Post OGRA Presidenl wos
oppoinled by the Boord io ossume the role of
Director for C.S. Anderson Rood School.
Dovid's fìrst term, which hos commenced, will
remoin in effect for three yeors.
This yeor's Guelph Rood School, Moy 3-5, sel on
oll-time record with 823 studenls registered in the
T.J. Mohony ond C.S. Anderson courses.
The Boord of Directors wishes Dovid greot success
in this new oppointment.
One e qll to Dig Progrom
The Policy Committee received o presentotion
from lhe Ministry of Consumer Services regording
the Ontorio One Coll to Dig progrom. This
initiotive hos received tentotive opprovol from
the Province.
"Ontorio One Coll Ltd." or "ON lColl", is o privote
corporotion formed in 1996 to estoblish o coll
centre to receive excovotor locote requests
within the Province of Ontorio ond io notify
the members with underground focilities in the
vicinity of the dig site. To dote 55 municipolities
ond most of the leoding service providers hove
registered for this progrom. Municipolities ore
chorged o one-time $1,000 enrollment fee thol
covers on initiolsetup ond mopping.
After enrolling municipolities ore chorged $1.75
per coll. To leorn more obout this progrom.
interested municipolities ore osked to contocl
Ontorio One Collto Dig.
Contoct informotion hos been mode ovoiloble
on the OGRA websile.
zoto - 20ft 0ø34
Policy lssues i'i7.
Wind Shodow Flicker: The
reviewed o reporl on Wind
Flicker. The issue wos
whenOGRAstoff wos
County osking ¡f OGRA h-(
posilion on sofety
flíckers coused by wind t
requesled thot stoff mee!ì;
lhot the issue be tobled until
meeting. .t;
Unsigned Defoull Speed
Roods: Scott Butler, Mo
Reseorch provided the
with o report regording Àrtuñ
unsigned defoult speed
roods. Municipolilies ore
from OGRA to roise thé
request thot mun
their own defoult li
lhe offected roodwoys :oi
cunent regulotions
Troffic Act. The Boord
meet wíth MTO to discussïhii
long Boords ond Slreel
Roods: The Policy
deoling with long
requesled to gel inv
ofter police
Ontario Good Roads Association "Board Brief" dated April 2010.
File: A01
Page 28 of 118
i.i::a¡, r/ ¡1t i,.l t tirttri
were trovelling of speeds of up to 85 - 90 km
per hour on municipol roods. ln this inslonce. the
cose wos ruled thot long boords ore not vehicles
under The Highwoy Trofftc Act (HTA) ond os such
the chorges were dismissed. OGRA is requesting
lo MTO to consider on omendment to the HTA
or other legislotion to estoblish o Province wide
opprooch lo this issue. ln oddition to OGRA
opprooching MTO, Scolt Buller, OGRA Monoger
of Policy wos interviewed on Tuesdoy, Moy
ìlth by CBC's Ontorio Morning rodio progrom
regording the issue of long boords.
On Moy l3lh, representotives from OGRA met
with offìciols from the Ministry of Tronsportotion
to discuss o number of issues lhot municipolilies
hove been looking lo the province to oddress.
The discussions focused on the use of street luges
ond longboords on municipolroodwoys, shodow
flickers ond exlending municipolíties the righl to
estoblish defoult speed limits without hoving lo
posl signoge.
As informotion is mode ovoiloble, OGRA will
communicole this to our members ond post lo
www.ogro.org
f*rcigrcrmRte Appeler e¡vütìl <Je
{:f euser
Lecomité des politiqueso reçu un exposé du
ministère des Services oux consommoteurs
concernonl le progromme "Appeler ovont
de creuser ". Cette initiotive o reçu I'occord
de principe de lo province. "One Coll Ltd."
ou "ONlColl', est une sociélé privée créée
en 199ó ofìn d'étoblir un centre d'oppels
pour recevoir les demondes d'excovotion
et informer les membres des instollolions
souterroines ò proximité des sites
d'excovotion. À ce jour. 55 municipolités
et lo pluport des principoux fournisseurs de
services se sont inscrits ò ce progromme.
Les frois d'inscription de ì 000 $ pour les
municipolités couvrent lo mise en æuvre
initiole et lo cortogrophie. Une fois inscrites,
les municipolités doivent débourser .|,75
$
por oppel. Les municipolités qui désirent
dovontoge d'informotíon ou sujel de ce
progromme doivent communiquer ovec
"Appeler ovont de creuser". Le site Web
de I'OGRA donne égolement occès ò ce
progromme.
[in vclre ]1ÕÍrì
Le comilé des politiques o exominé un
ro pporl porto nt sur les effets stroboscopiques
des éoliennes. Lo question o élé soulevée
ou début de mors quond le comté de
Middlesex o demondé ò I'OGRA sielle ovoit
pris position concernonl les questions de
sécurité reliées oux effets stroboscopiques
des éoliennes. Le conseil d'odministrotion
o demondé ò son personnel de rencontrer
des ogents du MTO et de déPoser un
ropport lors de lo prochoine réunion du co.
Vitesse limite por défout sons signolisotion
sur les chemins municipoux
Le géront des politiques et de lo
recherche, Scolt Butler, o soumis ou
comité des politiques un ropport relotif ò
lo demonde des municipoliiés de fìxer lo
vitesse limite por défout sur leurs chemins.
Les municipolités demondent I'oppui de
I'OGRA pour discuter ovec le MTO de leur
Ét
Le conseil d'odministrotion vient de nommer le
directeur du service de voirie et de lo circulotion
de lo ville de London et I'oncien président de
I'OGRA, Dovid Leckie, ou poste de directeur de
l'école C.S. Anderson pour une période de trois
ons. Cette onnée, lo session du 3 ou 5 moi de
l'école du chemin Guelph o étobli un nouveou
record ovec 823 étudionts inscrits oux cours des
écoles T.J. Mohony et C.S. Anderson. Le conseil
d'odminislrotion souhoite beoucoup de succès
ò M. Leckie dons ses nouvelles fonctions.
llorâty þr ll,ubþaûûirc
Ontario Good Roads Association "Board Brief" dated April 2010.
File: A01
Page 29 of 118
Chair of Cabinet
lUinister Without
PoÉfolio, Responsible
for Seniors
6rh Floor, Whitney Block
99 Wellesley St W
Toronto (Ontario) M7A1Al
Tel: (416) 325-3628
Fax: (416)314-7421
Président du Conseil
tinistre sans portefeuille
déléguée aux
Affaires des personnes ågées
6" Étage, Éoifice Whitney
99, rue Wellesley Ouest
Toronto (Ontario) M7A1A1Tél: (416) 325-3628
Téléc: (416) 314-7421
[)tb
3445MC-2010-68
May 6, 2010
Dear Friends:
Each year, the Government of Ontario celebrates the accomplishments and contributions
seniors make to communities across Ontarìo. This year, the Senior Achievement Award will
once again highlightthe significantvoluntary and profess¡onal achievements made by
individuals after they have reached the age of 65.
I encourage you to partícipate in the 2010 Seníor Achievement Award Program by nominating a
deserving senior. As Minister Responsible for Seniors, I willjoin the Honourable
David C. Onley, Lieutenant Governor of Ontario, in officially recognizing the award recipients at
a ceremony at Queen's Park this fall.
Onlíne nomination forms and information outlinÍng details of the program, the selection criter¡a
and the procedures followed in the select¡on process are available at:
www. o ntari o. ca/ho n ou rsa n dawa rd s.
The deadline date for nomination is June 1S.
lf you require further information, please contact the Ontario Honours and Awards Secretariat at(416) s14-7526 or 1-877-832-A622.
Thank you in advance for taking the time to consider a deseruing senior in your community for a
Senior Achievem ent Award nomination
Sincerely,
Gerry Phillips
Minister
Ontario
Correspondence dated May 6, 2010 from Minister Without
Portfolio, Responsible for Seniors regarding "Senior Achievement
Page 30 of 118
r4 tþ
MÈ}NIE¡FAL FFII}PERTY AAEËAÊMENT CGRFORATIÐN
AII Ontario Mr-rnicipal Cormcils
Carl Isenbr:rg
President and Chief Adminísþative Officer
Settlcmentwith Ont¡ris Publlc Service Employees Union (OPSEÐ RûtifícdSubjectr
I would like to rqport that the two-yem settlemerit reûched r¡ith OISEU, which tqnesents
appr-oximately 1,400 MPAC eurployees acr-rss Onhrio, has beeo ofrcÍallyratificd by bqrgeitxirrg
unit employees and MPACns BoatdofDirectors.
If you havs anyquestions, pleæe contact,ArthurAnderson, Director, Mwieipal Relations, at
905 837-6993 or 1 877 635¿6122, cxte¡rsion 6993.
Yours mrl¡
"'Originally signed bt''
Carl Ise.nburg
Çspy Artlu¡c Anderson
{}tllC¡; i'i ¿il¿ F¡'a,-;r.j¿{:i it: ri fl,¡¡;: A'j¡;ì::t,s'-: rìirlr-: i.}il,¡';-¡:
ì-i35; F,¿*¡:rir:!: f'ıÌ'k!re'y Fi{:ke,^¡r-:,,} C;,i-e; '¡: :- }; rli.':
1 Sûi 337 F f ïC ¡: !ìî5 Í_ìíl'l íiiì¿1: i' :Eûil:.jjr ir.,r!::i>é. !,1
,¡ ri,f i::q1::r, r,?;
Correspondence dated May 28, 2010 from Municipal Property
Assessment Corporation regarding "Settlement with Ontario
Page 31 of 118
Deborah Richardson
Assistant Deputy Minister
Aboriginal Relations and Ministry Partnerships
Ministry of Aboriginal Affairs
160 Bloor Street East, 9th Floor
Toronto, ON M7A 2E6
Telephone: (416) 325-0304
Facsimile: (416) 325-1066
Email: deborah. richardson2@ontario.ca
May 2010
5
chtones et partenariats ministériels { F ñnL 'utochtones riers ÞOntarto
age
Toronto, ON M7A 2E6
Téléphone: (416)325-0304
Télécopieur: (416) 325-1066
Courriel : deborah. richardson2@ontario.ca
The Government of Ontario is troubled by the high rate of violence against Aboriginal
women, which in Canada is triple that of non-Aboriginalwomen (Statistics Canada,
2006). We recognize that violence against Aboriginal women is a complex problem and
as such, it ís a priority to collaborate with key partners to provide the necessary services
and assistance to victims of violence and work to prevent violence from starting in the
first place.
ln Novembet 2007, the Ontario Federation of lndian Friendship Centres (OFIFC) and
the Ontario Native Women's Association (ONWA), two key provincial Aboriginal
orcanizations which advocate for the economic and social well-being of Aboriginal
women and families, released A Strategic Framework to End Violence Against
Aborigin al Wome n. The F ramework contains strategic d irections warranting
government action to respond to violence and related issues of unique concern to
Aboriginal women.
The Minister of Aboriginal Affairs and the Minister Responsible for Women's lssues are
leading the government's response to the framework, which sets out recommendations
in key areas of research, legislation, policy, program, education, community
development, leadership and accountability measures. Ontario has endorsed the
overall objectives and multi-faceted approach of the Framework as a useful tool for
planning and priority setting.
The Ministry of Aboriginal Affairs, the Ontario Women's Directorate and many other
ministries are work¡ng in partnership with Aboriginal leaders, organizations and
communities to fínd the most effective ways to prevent and end violence against
Aboriginal women. The enclosed Sfrafegíc Framework to End Violence Against
AboriginalWomen document is informative, revealing, and useful in understanding and
responding to the distinct and complex challenges that Aboriginal women are facing.
Public education is key to raising awareness of violence against Aboriginal women and
to make ending violence against Aboriginal women our mutual priority; we are
distributing free copies of this important document to organizations in the social servÍce
sector, Ontario ministries, and agencies.
t2
Correspondence dated May 2010 from Ministry of Aboriginal
Affairs regarding "Violence Against Aboriginal Women", File: A16
Page 32 of 118
-2-
We would greatly apprecíate your assistance to ensure copies of the Framework are
distributed within your organization, program and service areas, and within communities
across Ontario. Please contact Delaney Waddell at the Ministry of Aboriginal Affairs if
you require addítional copies of this document. Delaney Waddell can be reached by
email at delaney.waddell@ontario.ca.
Thank you for your efforts to distribute this information and to help end violence against
Aboriginal women.
Sincerely,
AÁ"*L&'^¿"a)
Deborah Richardson
Assistant Deputy Minister
Aboriginal Relations and Ministry Partnerships
Enclosure
Correspondence dated May 2010 from Ministry of Aboriginal
Affairs regarding "Violence Against Aboriginal Women", File: A16
Page 33 of 118
El ounty Mattgrs VOL4No1
Sylvia Hofhuis - ln Memoriam
The County of Elgin moums the loss and celebrates
the career of Councillor Sylvia Hoftruis, who died
March 27, zoLo.
Ms. Hofhuis served on Elgin County Council for rz
years over a zr-year period from r99ro to zoro.
She began her Council service in Septembet r99o, as
Deputy Reeve of Port Stanley, completing the term of
P.G. Elliott, who resþed in Iuh r99o. Ms. Hoftruis
went on to serve on Council as DeputyReeve (rggr)
and Reeve $g9z-rgg4) of PortStanley. Sheretumed
to Council as Deputy Mayor (zoo4-zoo6) and Mayor
(zoo7-zoro) of the Municipality of Central Elgin.
In zooS Ms. Hofhuiswas elected as Elgin County
Warden, becoming justthethirdwoman to serve in
that capacity.
Councillor Hoftruis'dedication to public service and
hel warm, engaging, compassionate manner will be
sorely missed by all who knew and admired her.
To u r¡ n g th e Le li sl ative
Assemb/y of Ontario with
Speaker Steve Peters,
February 2OOB
May 2010
r \o
Rece¡v¡ngthe Warden's
regal ¡a from Past-Warden
Lynn Acre, December
2007
County Supports IPM 2OtO
The County of Elgin has made a series of substantial
contributions in suppott of the zoro Inte¡national
Plowing Match to be held in the County
September zt-25,2oro.
The County has provided the zoro IPM Organizing
committee with a $roo,ooo interest-free loan
to cover operating expenses; made an $8o,ooo
forgivable loan to create the temporary position
of IPM Co-Ordinator; and allocated g25o,ooo
towa¡d the creation of the event's signature Elgin
County Exhibit. Numerous County staffwill also be
participating in the event.
The County's Economic Development Department
has distributed zoro IPM promotional materials
at trade shows such as the Toronto International
Motorcycle Show, the London Food andWine Show,
and the Toronto International Farm Show; placed
advertisements in publications such as the zoro
Elg¡n County
Depa rtment
of Human
Resou rces
Harley U¡rderhill, thc
Counfy''s Iong-servir-rg
l)ilector of l-lurnan
Resources, retired
in December, 2oo9,
completing a caleer of
public sc¡'r'icc ertending
more than 20 years.
ll.rlley essentially established the County's lJttrnan
Resourccs Depalttnent u hetl lrc \vas appoilltecl
Pelsonttcl r\dministlator in 1989. Undcr his clirectiorl
the County developcd a compreherlsive pelsonnel
policy nranual .ltcl becalne cottrpli.rut rvith.rll
lelevant laboul lau's ancl r'egulalior-rs. Colleagr-res also
Continued on PaEe 4
Harley Underhill uvith
Warden Bonnie Vowel
Continued on page 3
Elgin County Matters newsletter dated May, 2010. File: A16 Page 34 of 118
Elgrn.Page 2
Elgin Cou nty
Libra ry
Launches
Ch ¡ld ren's
Program ming
I n itiative fo r
Mennonite
Community of
East Elgin
In March, zoro, the Elgin
County Library, in partnershiP
with Mennonite Community
Services, beganayear-
long pilot project to deliver
children s programming and
information about the library
to the Low German-speaking
community of East Elgin.
The project centerPiece
is a weekly radio program
for kids called Check It In!
Check It Out!, broadcast
each Monday evening atZit5
p.m. on radio station CHPD
ro5.9 FM DeBrigj, Aylmer.
Local documentary artist,
poet and educator Julie Berry
is the project manager and
host of the radio program.
Aylmer Library staff member
Mary Wiebe concludes each
program in Low German with
an invitation to the public to
explore resources, services
and programs at particiPating
Elgin County Library branches
in Aylmer, Port Bunvell,
Springfield and Straffordville.
"The show is really fun to
produce,' says Julie Berry.
Motters
¡1 "rht O.r*
w for Kirjs '
ot 105 9 ÞeBrigj
Á\rndoys o1 7:15 PM bcainnìrr3 Âl¡¡¿h 1ã, 20l0
"The children are always so
excited to hear themselves on
the radio." To date, chickens,
goats, cows and coyotes have
also made appearances on
the show. Julie mixes stories,
humour and information to
engage her audience.
The project's central purpose
is to bridge existing cultural,
linguistic and economic
barriers and bring the Elgin
County Library's resources,
programs and services to
the Low German Mennonite
population of East Elgin.
Aylmer Library branch
supervisor Chris Mayhew
notes that "Mennonites make
up zoo/o of the population
in Aylmer, Malahide and
Bayham, so we are looking
forways to connect with
them.' Low German ís a
regional variation of German
commonlyspoken in
Northern Germany and the
Eastern Netherlands, as well
as by immigrant communities
in North and Central America.
Continued on Page 4
May 2010
El in Cou nty's Fi rst
Official Plan
Elgin County Council hasembarked
on a progtam that will develoP the
County's firstever Official Plan, a
poliry document that sets out long-
term goals and objectives for hou¡
a communitywishes to grow and
develop. This long range aPProachwill
set a planning horizon for zo Years
and will address matters of County
importance while providing guidance
for land use planning at the local
municipal level.
Once the County Official Plan is
approved, which is expected inzorz,
Elgin Countywill become the approval
authorþ for local Official Plans,
Subdivision and Condominium Plans.
This responsibility will be delegated
to the County from the Province of
Ontario. Having such approval powers
at the County level will expedite the
approval process and bring decision-
making closer to our local municipal
partners.
Steve Evans was hired in fanuaryas
Planning Manager to oversee and
coordinate the development of the
Elgin County Official Plan. Steve
is dividing his time between Elgin
Countyand
Middlesex
Countywhere
he retains his
position as
the Director
of Planning
and Economic
Development.
I
Steve Evans
Elgin County Matters newsletter dated May, 2010. File: A16 Page 35 of 118
May 2O!O El oulìty Matters Page 3
lnternational
Plowing Match
T'he Elgin Counq'¡\rchivcs has
created and installed an exl-ribit
at the Legislative Asserr-rbly of
Ontario, Queen's Park, Toronto,
featuring Elgin County's role
as host of the In[ernational
Plou ing Match, r94o-loro.
Tl-re exhibit, presented through
the Legislative Assernbly's
Comrnunity Exhibits Program,
\!'as prepared in collaboration
lvith the Archil'es' community
partners, the Elgin Federation
of Agriculture and the Elgin
Couury' Plorvnretr's Association,
and features photographs and
artifacts fr-om the Archives'
collections documenting the
Counq"s role in hosting the
IPM in r94o, 196o and 1985, as
u.ell .ls items contributed by the
Elgin Federation of Agricultut'e
shorvcasing the match to be held
in Elgin County September' :r-:5,
rolo.
Also leatured ale items from
the personal collection of the
Hon. S[eve Peters, Spealier of the
l-egislatii,e Assembly of Ontario
and MPP fol Elgin-Middlesex-
London, who plaised the exhibit
as "an excellent snap shot ofour
past IPM hos[ing successes and a
proud display of what is to come
for the :oro IPM." Tlie exhibit
remains on display on the main
floor of the Legislatire Assembll'
until late Septembe¡ zoro. .,¿ï,t,
Elg¡n County Tourism Strategy Wins EDCO Award
The Economic Developers of
Ontario (EDCO) has once again
recognized Elgin County for its
exemplary tourism süategy.
At the Ontario Economic
D evelopment Awards ceremony
in Toronto in early February,
Elgin County ¡eceived the
Product Dwelopment, Strategic
Plans award for its Tourism
Development Strategy and
Marketing Plan, cleated in
coniunction with the City of
St. Thomas.
This was the second consecutive
year that Elgin has been honoured
by the province's economic
dwelopment professional
association. In zoog EDCO gave
Elgin County two aruards for its
Progressive By Nature brand
and its attraction package under
the categories of Branding and
Publications.
"Elgin County Council and
Economic Development has
recognized the value oftourism as
a stfong economic generatof for
the area and has chosen the Perfect
time to initiate a plan that will see
tourism become avital contributor
to this changing and growing
sector of the economy. This award
recognizes the sound decisions of
County Council and the hard work
of the Economic Development
team," said Warden Bonnie Vowel.
Alan Smith, General Manager,
Economic Development, for
Elgin County, commented: "this
plan provides tremendous value
as a map forthe deræloprnent
of tourism assets and the
implementation of tourism
marketing. We believe this
innovatiræ strategy will ha\æ
signifrcant impact on tourism
attraction lnourarea." I
Continued from pa!,e 7
Lake Erie Travel Guide and the
zoro Visitor's Guide: ExPerience
Elgin Countyand St. Thomas;
disÍibuted to date more than
l5,ooo tourism information cards
and coupon books including
zoro IFM promotional notices;
has partnered with the zoro IPM
Organizing Committee on media
buys (radio and print) to leverage
dollars spent for promotional air
time; and publicized the event
online through its Facebook and
Twitter sites.
The Elgin CountyArchives has
mounted high-profi le exhibits
featurlng Elgin County [PMs r94o-
zoro at the Legislative AssemblY
of Ontario and the IPM Storefront
location in St. Thomas. I
Elgin County Matters newsletter dated May, 2010. File: A16 Page 36 of 118
PaCe 4
Warden's Charity
Golf Tournament
The Elgin County United Way
Special Events Comminee
(ECLIWSEC) is pleased to announce
the znd Annual Warden's Charity
Golf Tournament. All proceeds to
Elgin-St. Thomas United Way.
The eventwill take place at
Ta¡andowah Golfers Club, r5rz5
Putnam Road, Avon, Ontario, inthe
Township of Malahide on Thursday,
June 17, zoro. All are welcome to
register at a cost of üoo per player.
Limited spaces available. Shot gun
tee offro:3o a.m. Final date for
registration is fune r, 2o1o.
Ticket includes rB holes of gol{,
power cart, lunch, pig roast dinner
and prizes. Silent Auction will
also be held during the event.
Sponsorship oppoftunities are
available. To register or for mo¡e
information please contact
ECL/WSEC by phone 5r9-63t-r46o,
ext. +56; fax 5r9-63t-4297; or email
ecuwsec@elgin-counÇ.on.ca.
Withoutyou therewould be noway.
Julie Berry
Photo by JoelBerry
ElgrnCoLlnty Matters May 2010
collection of gentle-read books
is verywell used. The library also
provides access to comPuters that
Mennonite families often do not
have at home.
Project sponsors include the
County of Elgin, Mennonite
Community Services, the Ontario
Ministry of Tou,risrn and Culture,
and the Southern Ontario Library
Service.T
I
Elg¡n County Library
Continued from page 2
The library offers special
collections that help support
the needs of the Mennonite
community. Visual dictionaries and
Fesources for English as a Second
Ianguage (ESL) can improve
language skills. Audiobooks and
videos are also popular resources
for Mennonites as they have an
aural language tradition. For more
advanced reade¡s, the library's
H u ma n Resou rces
Continued from page 1
respectecl t{arlc1' lor his fìn.rttcial
lesponsibility .rnd [r-ug.rlity: it ìs
said ad miri tr¡¡I1' th.rt "he spert I
Count,v nìoney as iI it lt'et'e his orl n."
Ëlgin Countl'Cr\O Mark
IvfcDorrald renrembels I tallcy'
âS cf cotlSUill m.rte pt'ofcssi otl.rl,
successfully confronting all
ch.rllenges, fiorn'R.re Days' to
p.r1' equit,v legisla tiorr, "rt'i th
enthusiasnr and vigor'l
Elgin Cor.rnty Council and staFf
thank Flarlel' fbr his yeals of'
dedicatecl set'vice and lvish hinl
all the best in his rvell-desen,c'd
letirement.
Flarley'has been succecdecl .rs
Directol of Hunr.lt Resources by
Rob Bryce, u,ho brings uo years of
human lesources expelience and
knorvledge fiom bolh tlre plivate
and public sector to the County'.
Rob, a gradu.rte of IVIcMaster
Univ'ersity in FI.rtnilton, spent the
majority oI his career r,t'ith Ford
lvfotor Cornpany as HR directol in
both Canada and the Unitccl States,
inclucliug rnost recelìtly a lhlee-
yeal I{R. le.rclelship role at the St.
'l'houras,Assenrbly Plant.
"Roh blings ertensire erpcricrtce
in l.rboul relations, collective
agree'me nt clet'elopmell t clrld
ad lninistra tion ancl strollg fìll.rtlcial
business sl<ills to the position," saíd
ch i ef .rdmirr is [r'ative of'fi cer' Ñlarli
lVlcDonalcl. "Combined s'ith his
leadelship .ìnd co¡ìlrrtLtnicatiou
sl<ills, hc is a clynamic acldition to
our lean-t."
\\tl'den [Jonnie Vorvel uclcorled
Rob as solneone rt4ro "ttuderstcìllclS
the challenges lacilig the countl'as
rve deal lr ith shrinking tax re\etìLles
rvlrile trying to lnaintain sen'ice to
ouI ratepal'ers."
T
Elgin County Matters newsletter dated May, 2010. File: A16 Page 37 of 118
5
CùLBayham Harbourfront Committee
Meeting Notes
Held at Kristen's Kitchen, Straffordville Ontario
May 11,2010
Present: Doug Lester, Brenda Martin, Ron Bradfield, Ron Flick
Regrets: Ray Talbot, Craig Gregson, Mark Taylor, Heinz Vogelsang
Also Present: Ed Bradfield, Lynn Acre
Due to some confusion regarding the date the meeting room at the Municipal Office was not
available so Chairperson Martin moved the meeting to Kristen's Kitchen at9254 Plank, Rd.,
Straffordville for a brief informal gathering.
Doug Lester reported that he has measured the pier and sent a drawing to Barry V/ade. Barry has
agreed to assist the committee with creating a plan for pier enhancement and choosing benches and
planning their placement. (Barry will attend the June 8 Harbourfront Committee meeting.)
Ed Bradfield will check with Ripco, Tri-Corp, and W.H. Reynolds re cost of benches for the pier
and harbourfront area.
Kyle has been asked to clariff the boundary of Medshire's (Port Burwell Harbour Inc.) land at the
areaîear the pier with the intent to improve municipal access and parking in this area.
Kyle was also going to contact Medshire (Port Burwell Harbour Inc.) re responsibility regarding
growth of brush along the shore with either permission or cooperation on some trimming.
Ed bradfreld reported that the benches on the west boardwalk have been repaired and secured to the
boardwalk.
The Shoreline Study has been completed and presented to Council. It states that removing part of
the armour stone breakwater wall would not help keep the channel clear and that the only way to
keep the channel open is through regular dredging. (The fuIl study will be sent to each committee
member.)
Next Steps:
1. We would like Kyle to write a letter on our behalf updating the Park Manager and MNR of
our committee and its efforts to improve the appearance of the harbourfront. 'We would
encourage the Municipality to request that MNR keep the garbage cleaned up and the grass
trimmed in the area on the west side of the creek. Volunteers would be willing to assist.
2. The Harbourfront Committee will attend the June 3 Council Meeting to update Council on
our progress and to urge Council to initiate divestiture discussions with the federal
government and to begin acquisition talks with Medshire re the Harbour Property.
Next meeting: Tuesday, June 8, 2010 at Municipal Office in Straffordville.
Bayham Harbourfront Committee minutes of meeting held May
11, 2010. File: C06
Page 38 of 118
c ì'-l
From : A. P. Crawford [ma ilto : aeclerk@ bmts.com]
Sent: May 2I,20t0 11:37 AM
To:'A.P. Crawford'
Subject Industrial/Commercial Wind Generation Facilities (Wind Turbines)
TI{E C-ORPORATION OF THE MUNTCIPALITY OF ARRANI.
ELDERSLIE
To: All Municipalities in Ontario
Subject: IndustriaVCommercialWindGenerationFacilities(WindTurbines)
After much consultation, consideration and debate, the Council of the Municipality of
Aran-Elderslie passed By-law No. 14-10 (which amends our Municipal Code) to address
health and safety concerns related to the location and erection of wind generation
facilities (indushial wind turbines) within the Municipality.
Council is not opposed to "green energy" projects per se, however we wish to promote
their use in a responsible manner to benefit, or at least, to do no harm to any individual by
such use.
'We are circulating this by-law to all municipalities in Ontario for your information and
support. A fuIl copy of By-law Bo. 14-10 is attached and amy also be found on our
website at www. arran-elderslie. com under Notices.
Your support of our efforts is much appreciated and any other comments or suggestions
you might have would be most welcome by Council.
Should you have any questions, please contact me.
A.P. Crawford, B.Sc., CMO
Chief Administrative Offrcer/Clerk
Municiality of Arran-Elderslie
1925 Bruce Road 10, Box 70
Chesley, ON NOG 1L0
5t9 363 3039
Attachment
Correspondence dated May 21, 2010 from The Corporation of
the Municipality of Arranelderslie regarding "Industrial /
Page 39 of 118
THE CORPORATION OF THE
MUNICIPALITY OF ARRAN.ELDERSLIE
BY-LA\ry NO. t4 - 10
A Bylaw to Amend the Municipal Code
@ealth Provisions Respecting Locating and
Erecting Wind Generation Facilities)
\YHEREAS it is deemed advisable to amend the Municþal Code to incorporate certain health
and safety provisions with respect to the locating and erecting of wind generation facilities
within the Municþality;
NOW THEREFORE THE COIJNCIL OF THE CORPOR,A.TION OT' TIIE
MI]NICIPALITY OT' ARRAN-ELDERSLIE HERJBY ENACTS AS F'OLLOWS:
l. That "Schedule B Protection to Persons & Property, Building Inspection: Health &
Safety Provisions Respecting Locating & Erecting Wind Generation Fasilities" is hereby
added by the addition of Schedule A to this by-law.
2. That Schedule A attached to this by-law shall form part of this by-law.
3. This byJaw shall take effect with final passing.
READ A FIRST AND SECOND TIME THIS 26TH DAY OF APRIL, 2010.
"Ron L. Oswald"
MAYOR
"4.P. Crawford"
CLERK
READ A THIRD TIME AND PASSED THIS IOTH DAY OF MAY, 2010.
"Ron L. Oswald"
MAYOR
"4.P. Crawford"
CLERK
Correspondence dated May 21, 2010 from The Corporation of
the Municipality of Arranelderslie regarding "Industrial /
Page 40 of 118
SCITEDULE A TO
BY-LAWNO.14-10
SCIIEDULE B PROTECTION TO PERSONS & PROPERTY
BUILDING INSPECTION: IIEALTH & SAFETY PROVISIONS RESPECTING
LOCATING & ERECTING \ryIND GENERATION FACILITIES
BEING A BY-LA\ry TO ESTABLISH CERTAIN HEALTH & SAFETY PROVISIONS
FOR THE LOCATING & ERECTION OF'\ryNII) GENERATION FACILITIES
IYHEREAS the fundamental role and duty of all three levels of govemment in Canada-
Federal, Provincial & Municipal-to take all steps necessary to protect the health, safety and
well being of their residents is hereby acknowledged;
AND \ilHEREAS Section 7 of the CANADUN CHARTER OF NGHTS AND FREEDOMS,
Being Part I of the CONSTITWION ACT,1982 provides that:
'LEGALRIGHTS
UFE, UBERTYAND SECURITY OF PERSON.
7. Everyone has the rtght to life, liberty and security of the person and the right not to be
deprived thereof except ín accordance with the principles offundamental justice. " ;
AND \ryHEREAS the said Section 7 of the CANADAN CIARTER OF NGHTS AND
FREEDOMS is a constitutional provision that protects an individual's autonomy and personal
legal rights from actions of the government in Canada with th¡ee types of protection within the
sectioq namely the right to life, liberty, and security of the person.
A¡tD WHEREAS the said Section 7 of the CANADIAN CHARTER OF RIGHTS AND
FREEDOMS provision provides both substantive and procedural rights afforded to anyone
facing an adjudicative process or procedure that affects fundamental rights and freedoms, and
certain substantive standards related to the rule of law that regulate the actions of the state (e.g.,
the rule against unclear or vague laws) such as the locating and erection of wind generation
facilities as vaguely provided for tntre Planning Act of lhe Province of Ontario with no locating
criteria legislated;
A¡ID WHEREAS no legal principle has been demonshated by the Province of Ontario about
which there is sufficient societal consensus that it is fr¡ndamental to the way in which the legal
system should fairly operate that there be no locating sriteria based on the health, safety and well
being of the residents of Ontario, with respect to wind generation facilities, that would identifu
with zufficient precision to yield a manageable standard against which to measure deprivations
of life, liberty or security of the person (R. v. Malmo-Levine. 2003);
A¡lD WHEREAS The "Principles of Fundamental Justicen require that means used to achieve a
societal pulpose or objective must be reasonably necessary and this principle is violated when
the government, in pwsuing a "legitimate objective", uses "meansn that unnecessarily and
disproportionately interfere with an individual's rights (rt v. Heyvood) as is the case with
removing the locating of wind turbines from local planning processes thereby interfering with
normal individual rights respecting local land use planning;
A¡ID WIIEREAS the said Section 7 of the CANADUN CIARTER OF NGHTS AND
FREEDOMS can also be violated by the conduct of a party other than a Canadian government
body (e.g. wind generation companies) with the goverrunent needing only to be a participant or
complicit in the conduct threatening the right, when the violation of the security of the person
with respect to the person's health, safety and well being would be a reasonably foreseeable
consequence ofthe government or otherbody's, actions;
A¡tD }YHEREAS the Section 7 of the CANADAN CHARTER OF NGHTS AND FREEDOMS
right to security ofthe person, consists ofrights to privacy ofthe body and its health and ofthe
right protecting the "psychological integrityu of an individual, that is, the right protects against
significant government-inflicted harm (stress) to the mental state of the individual. (Blencoe v.
B. C. (Iuman Rights Commßsíon), 2000);
Correspondence dated May 21, 2010 from The Corporation of
the Municipality of Arranelderslie regarding "Industrial /
Page 41 of 118
A¡ID \ilHF'REAS Section 92 of the Constitution Act,7982 provides further that the "Exclusive
Powers of Provincial Legislatures" include:
"7. The Establìshment, Maíntenance, and Management of Hospitals, Asylums, CharítÍes,
and Eleemosynary Instítutions in andþr the Province, other than Maríne Hospitals. "
(responsibility for the health ofits residents)
"8. Municipal Institutions ín the Provínce" (including local planning limitations)
" 13. Property and Civil Rights in the Province. " (with a responsibility to protect same)
"14. The Adminìstratìon of Justice in the Provínce, íncludíng the Constintion,
Maintenance, and Organízatíon of Províncial Courß, both of Cívíl and of Criminal
Jurisdiction, and including Procedure in Civil Matters ìn those Courts"
(including upholding Part I being the CANADIAN CI{ARTER OF NGHTS AND
FREEDOMS);
A¡ID WIIEREAS the Government of Canada has established, HEALW CANADA, an Agency
whose mandate is to "protect the Canadian public by researchíng, assessing and collaborating
in the management of the health rßks and safety hazards assocíated with the many consumer
products that Canadians use everyday" and works vñth "all levels of Governmental agencies
and programmes: Industry, Natíonal, regìonal, and ¡nternat¡onal groups and the Canadìan
Public", in pursuit of reducing or eliminating said risks and hazards;
AND \ilHEREAS the Province of Ontario has established THE MIMSTRY OF ENERGY AND
INFRASTRUCTURE which is responsible for promoting the development of an affordable, safe,
reliable, secure and environmentally sustainable energy supply;
AND \ryHEREAS the Province of Ontario has established TIIE MINISTRY OF THE
ENVIRONMENT which is responsible for protecting restoring and enhancing the environment to
auure public health and envi¡onmental quality;
AND WHEREAS the Proyince of Ontario has established T'HE MINISTRY OF NATUR.AL
RESOURCES to sustainably manage the province's natural resources to contribute to the
environmental, social and economic well-being of the people of Ontario;
AND WIIEREAS on February 20,2004, Ontario Premier, Dalton McGuinty stated that: "Tåe
health of Ontaríans is our province's most precious resource. We share a responsibility to
protect ítfrom harm, and carefor ít in times of need';
AND WEEREAS the Province of Ontario, through Section 11, of the Municipal Act, 2001, as
amended, has mandated broad authority that lower-tier municipalities may provide "any semice
or thíng that the municipality consìders necessary or desìrableþr the public, as follows:
ByJaws
(2) A lower-tíer municipalíty and an upper-tier munícipality may pass byJaws,
subject to the rules set out ín subsection (4), respectíng theþllowing matters:...
1. Goyernance structure of the municipality and its local boards.
2. Accountabilíty and transparency of the munícipality and i* operations and of
its local boards and their operations.
3. Financial management of the municipality and íts local boards.
4. Public assets of the munìcipality acquíred for the purpose of exercísíng its
authoríty under this or any other AcL
J. Economíc, socíal and environmental well-being of the municipality.
6. Heølth, salety and well-beíng of persons.
7. Semices and things that the munìcípality ß authorìzed to provide under
subsectíon (1).
8. Protection ofpersons and property, including consumer protection.
Correspondence dated May 21, 2010 from The Corporation of
the Municipality of Arranelderslie regarding "Industrial /
Page 42 of 118
thereby recognizing the lower-tier municipality's need and responsibility to provide for the
health, safety and well-being of is residents;
AND WHEREAS The Corporation of the Municipality of Arran-Elderslie's confidence in the
safety of the locating criteria of WIND GENERATION FACILITIES, as legislated by the
Province of Ontario, is based on the premise that, having done their due diligence with respect to
ensuring the health, safety and well-being of their citizens under The Constitution and the
Charter of Rights and Freedoms, both the federal and provincial govemments are prqlared to
certifr the said facilities for location within the Municþality;
AND WIIER"EAS there is no intention by The Corporation of the Municipality of Arran-
Elderslie to prevent or restrict the "use" ofwind generation facilities ¿rs a source ofrenewable
energy but rather to promote their "use" in a responsible manner to benefit, or at least, do no
harm to any individual by such "use";
AND WHEREAS it is deemed advisable to ensure the continued good health, safety and well-
being of all persons living and/or owning lands within the Corporation of the Municipality of
Arran-Elderslie in a responsible marurer;
NOW TEEREFORE TIIE COI]NCIL OF TIIE CORPORATION OF THE'-
MT]NICIPALITY OF ARRAN-ELDERSLIE HEREBY ENACTS AS FOLLO\ilS :
1. That the Chief Building Official, at his/her discretioq may issue a building permi! in
accordance with the provisions of Ihe Ontaio Building Code, for the construction of any
wínd generationfacìlìty, when the said application is accompanied by all of the following:
a) a certificate issued by HEALTII CANADA conûrming that the proposed type of wind
generation focility lvr,ll benefit, or will not harm, the health, safety and well-being of
any resident of The Corporation of the Municþality of Anan-Elderslie;
b) a certificate issued by the ONTARIO MINISTRY OF ENERGY &
INFRASTRUCTURE confirming that the proposed gpe of wínd generatíon facility
will benefit, or will not harm, the health, safety and well-being of any resident of The
Corporation of the Municipality of Arran-Elderslie;
c) a certificate issued by the ONTARIO MINISTRY OF THE EIñ/IRONMENT
confrrming that the proposed type of wìnd generation focility will benefit, or will not
harm, the health, safety and well-being of any resident of The Corporation of the
Municipality of Anan-Elderslie;
d) a certificate iszued by the ONTARIO MINISTRY OF NATURAL RESOURCES
confirming that the proposed type of wínd generation facility wtll benefit, or will not
harm, the health, safety and well-being of any resident of The Corporation of the
Municipality of Anan-Elderslie;
e) a certificate issued by the ONTARIO MINISTRY OF ABORIGINAL AFFAIRS
confirming that the proponents of the proposed tpe of wind generation facilíty and
the Crown have ca¡ried out satisfactory, meaningful consultation with all the affected
aboriginal groups that is respectful and accommodates their rights as recognized and
affirmed by Section 35 of the Constitution AcI, 1982;"
f) certificates issued by either or both the Saugeen First Nations and Chþewas of
Nawasl¡ as applicable, confirming that the proponents of the proposed type of wínd
generatíon facility have canied out satisfactory, meaningful consultation with them
with respect to the proposed facility.
That before the certificates identified in Section I above are issued, the stated Minishies
must provide original docrmrentation to the satisfaction of the Council of the Municipality
of Anan-Elderslie that the necessary full and complete non-partisan third party,
independent health studies on humans are presented to detemrine safe setbacks and noise
limits.
That this byJaw shall take effect with final passing.J.
Correspondence dated May 21, 2010 from The Corporation of
the Municipality of Arranelderslie regarding "Industrial /
Page 43 of 118
5
Mlnistry ol Cltlzenshlp
and lmmlgratlon
Minister
6h Floor
400 University Avenue
Toronto ON M7A 2Rg
Tel.: (416) 325-6200
Fa* (416) 325-6'195
Mlnlatàre dee Affaires civlques
€t de I'lmmlgratlon
Ministre
6" étage
400, avenue Universig
Toronto ON M7A 2Hg
Té1.: (416) 325-6200
Télec. : (416) 325-6195
rnò2
fl,{ li i\i I û I Fi tÍiT ü Ë riiiTi! il ¡iì
May, 2010
Re: Ontario Medal For Good Gitizenshio
Dear Friends:
I am pleased to let you know that nom¡nations for the Ontario Medal for Good Citizenship
are now being accepted.
Established in 1973, the Ontario Medal for Good Citizenship honours Ontarians who,
through except¡onal, long-term efforts, have made outstanding contributions to life in their
commun¡t¡es.
I am pleased to invite you to participate by nominating a deserving citizen. Recipients will
be presented with their medal by the Lieutenant Governor of Ontario at a special ceremony
at Queen's Park in the Fallof 2010.
Nomination forms are now available on-line by visiting the Ministry of Citizenship and
lmmigration's webs¡te at: htto://www.citizenshio.gov.on.cal. You may submit your
nomination on-l¡ne by choosíng the "Electronic Nomination" option. lf you requ¡re a hard
copy of the form to be sent to you or for any further information, please contact the
Ontario Honours and Awards Secretariat at 416 31 4-7526 ot 1 877 832-8622 or
(TTY) 4'16 327-2391 . Nominations must be received by August 17, 2010.
I encourage you to take the time to nominate a deseruing citizen in your community for an
Ontario Medal for Good Citizenship. The men and women we honour stand as shin¡ng
examples to us all.
Sincerely,
Dr. Eric Hoskins
Minister
Correspondence dated May 2010 from Ministry of Citizenship
and Immigration regarding "Ontario Medal For Good Citizenship".
Page 44 of 118
5
FROM/DE: ELGIN COUNTY OPP DATE:26 May 10
ilrT
OPP WRAP-UP OF VICTORIA DAY LONG WEEKEND
(Elgin Gounty) - lt was a busy weekend for the Elgin County OPP. From Friday 21 May 10 until
MoñOay 24 May 10 Elgin Officers responded to 203 calls for seryice, investigated 13 motor vehicle
collisions resulting in five charges. Police responded to 11 noise complaints and 18 traffic
complaints, the majority were as a result of the large influx of traffic into Port Stanley. Police issued a
total of 16 parking infractions in Port Stanley over the long weekend.
On a provincial scale four people were killed in three separate collisions over the Victoria Day long
weekend on Ontario Provincial Police (OPP) patrolled Highways. There was no boating or ATV
fatalities on the waterways or trails.
"There is no doubt that high visibility and extra enforcement on the roads by the OPP contributes to
greater road safety", said OPP Commissioner Julian Fantino. "There is still a lot of work to do but our
goal during these initiatives is to educate people to reduce the number of deaths and serious injuries
on the roads and make the highways safe for everyone."
The OPP laid 5,737 speeding charges over the May long weekend. In addition, offìcers laid 471
seatbelt charges, 139 impaired driving charges and issued 121warn range suspensions for
registering a warn on the roadside screening device.
Last week, during Canada Road Safety Week in Canada, the OPP laid 181 impaired driving charges
and handed out 165 suspensions for registering a warn on the roadside screening device. The OPP
laid 76 street racing charges against drivers for traveling 50 km/hr or more over the posted speed limit
which included suspending the driver's licence and impounding the vehicle for seven days. ln
addition, 8,008 speeding charges were laid and 818 charges were laid against people for seatbelt
infractions.
Overall, the number of persons killed on OPP patrolled roadways continues to decline and is down
7 .4 per cent over last year (87 in 2010 and 94 in 2009).
CANADA ROAD SAFETY WEEK RESULTS
Regional CTRL NW EAST NE HSD
CANADA ROAD SAFETY WEEK
IMPAIRED CHARGES 38 10 22 30
WEST HSD PROV TOTAL
20 52 9 181
WARN RANGE SUSPENSIONS 39 4 T9 10 39 38 16 165
go-DAYADLS 22 I 15 15 13 30 6 109
FÆL TO YIELD CHARGES 92 4 27 L4 8 97 44 286
CARELESS DRIVING CHARGES 27 2 L7 L2 22 23 3 106
SPEEDING CHARGES 1,858 404 1,116 734 529 L,624 1,743 8,008
RACING CHARGES 14 3 13 3 10 18 15 76
SEATBELT CHARGES T29 20 L27 39 186 L54 163 818
RrDE HOURS 277 160 502 500 188 820 zBL 2,727
VEHICLESCHECKED 23,496 6,02L 35,889 24,989 17,404 62,62L 13,946 184,366
Correspondence dated May 26, 2010 from Elgin County OPP
regarding various items. File: P17
Page 45 of 118
Elgin County OPP Specific Results
lmpaired Charges
Wam Range Susp.
-4
-3
90 Day ADLS - 2
Failto Yield Charges - 5
Careless Driving Charges - 2
Speeding Charges - 64
Seatbelt Charges - 10
Racing Charges - 0
Ride Hours - 31.5
Vehicles Checked - 1954
AYLMER MAN CHARGED IN COLLISION WITH OPP CRU¡SER
(Elgín County) - Officers responding to a 911 call in Malahide Township were involved in a collisíon
with a civilian vehicle at approximately 12:25am on the 22 May 2010. Officers were operating an
unmarked police cruiser traveling east on highway 3 approaching Elm St. entering the Town of
Aylmer when the collision occurred. A 57 year old Aylmer man was operating his 2001 Pontiac
Montana Van northbound on Elk St. and failed to yield to the traffic on the through highway (the police
unit) and was rear ended by the police vehicle. The driver of the police unit suffered minor injuries in
cotlision and as a result of the investigation police have charged the driver of the civilian vehicle with
failing to Yield to traffic on Through Highway.
-30-
.Contact: Constable Troy Carlson
Elgin Gounty OPP Media Relations/Community Services
Phone: 519-631-2920 Ext. 5450
Pager: 1-888-808-7195
Correspondence dated May 26, 2010 from Elgin County OPP
regarding various items. File: P17
Page 46 of 118
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor and Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Moore Easement Agreement
DATE: May 14,2010
FILE: DI5.MOOR
NIIMBER: D2010-14
Purpose
To consider an easement agreement for property owned by the Estate of George Stanley Moore in
Eden.
Background
The municþality has received a request for an easement agreement for access and private servicing for
property owned by the Estate of George Stanley Moore in Eden. The2790 m2 10.69 acre) parcel
located at the east end of Gray Street, located in Concession 8 in Part Lot 23 is an existing parcel
without formalized legal access. The subject land is designated "Hamlets" in the Official Plan and
zoned Hamlet Residential (HR) in theZomngBy-law 2456-2003.
The Otter Valley Utility Corridor owned by the Town of Tillsonburg and the Municþality of Bayham
separates the vacant subject lands from the open municipal road, Gray Street. A residence existed on
the property years ago and was accessed through an unregistered easement across the former rail lands
under the RailwayAct. The owner wishes to formalize the easement.
Staff & Planner Comments
The planner and staffsupport the easement agreement. As joint owner of the utility corridor, the Town
of Tillsonburg also acknowledges the unregistered easement. The Town agrees that a formal easement
agreement to permit the installation and maintenance of private services and driveway access to the
lands is necessary. The Town of Tillsonburg staff have reviewed the draft agreement and are prepared
to sign.
Attachments
1. Request for Easement
2. IBI Memo dated January 20,2010
3. Draft ByJaw 2010-054 with draft Easement Agreement Schedule "A"
RECOMMENDATION
*TIfAT Staff Report D2010-14 regarding an easement agreement with the Estate of George
Stanley Moore be received;
AND THÄ.T By-law 2010-054, being a by-law to authorize the execution of an easement
agreement between the Estate of George Stanley Moore and the Corporations of the Municipatity
of Bayham and the Town of Tillsonburg, be presented to Council for enactment."
nderhill, Planning Coordinator
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 47 of 118
CTVTC PLANNING 5OLUTTON5 TNC.
Urbon & Rurol Lqnd Use Plonning
599 Lorch S'lreet,
Delhi, Ontorio N4B 347
December 15,2009
Mr. Kyle Kruger
Administrator
Municipalþ of Bayham
Box 160
Straffordville, ON NOJ lYO
Dear Kyle:
ti '.{.'1ji*$Í¡i
Subject: Request for Easement- George Stanley Moore Estate - Eden Propefi
I am agent for George Stanley Moore Estate with respect to properly located within the hamlet of Eden
(Roll # 34-01-000-006-24801-0000) on Gray Street, east of former railway line. Mr. Moore owned a 0.69
acre land locked parcel which has been historically been accessed by a private railway crossing since the
line was established in the 1870's. The only access to this property is across the former railway property.
At that time, crossings were given by the railway, however no easements or right of ways were registered
on title. A 1913 copy ofthe railway plan shows the crossing. A house was located on the Moore properly,
but was removed several years ago. The Moore Estate has applied for a zoning byJaw amendment to
permit relief from the required lot frontage.
We respectfully request a legal easement or right of way for the existing crossing. We acknowledge that
we will be responsible for all cost associated with obtaining this document (survey, legal fees, registration
of document).
I trust that this is the information you require at this time.
Copy George Stanley Moore Estate
Dovid F. Roe, M.C.I.P. R.P.P., Principol
Phone 519-582-1174 emoil:dfrf ez@bellnet.ca Fox 519-582-4616
id Roe, MCIP, RPP
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 48 of 118
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 49 of 118
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Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 50 of 118
ì)t-/
lBl Group
203-350 Oxford Street West
London ON NGH 1T3 Canada
lel 5194727328
lax 5194729354
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date
Project No
Steno
January 20,2010
3404-470
dd
Estate of George Stanley Moore - Application for Rezoning - Part Lot
23, Concession 8, Hamlet of Eden (Gray St)
1.We have completed our review of the application to amend Zoning By-law No. 245&2003
of the Municipality of Bayham, submitted on behalf of the Estate of George Stanley Moor
in support of their proposal to rezone an existing landlocked 279O m2 (0.69 acres) portion
of land south of Eden Line and east of Gray Street, in the Hamlet of Eden. The subject
lands are designated "Hamlets" in the Official Plan, and zoned Hamlet Residential (HR) ¡n
Zoning By-law No. 2456-2003.
The subject lands are a triangular shaped parcel of land that is bordered on the west side
by the Otter Valley Utility Corridor (former railway), which separates the lands from the
nearby open municipal road (Gray Street). The corridor is jointly owned by the
Municipality of Bayham and the Town of Tillsonburg and is used for overhead power lines.
The subject lands are currently vacant, but previously housed a dwelling which was
accessed through a legal access under the Railway Act. Surrounding land uses consist
of residential lots within the hamlet to the east, west, and north, and open agricultural
fields to the south outside of the hamlet boundary. The subject lands include mature trees
and hedgerows on all sides.
The applicants are seekíng rezoning to legalize the right-of-way that previously existed
under the Railway Act, but was never placed on the title of the lands. The requested
rezoning is to permit a lot with zero (0.0) metres lot frontage, where 20.0 metres is
required. Requirements for lot frontage in the HR Zone are intended to provide for
suitably sized and shaped residential lots to accommodate both vehicular access and
typical dwelling building footprints. ln addition, they should provide suitable distances for
emergency access and street visibility.
2.
Memorandum
To/Attention
From
cc
Subject
lBl Group ís a group of firms providing professional services and is âff¡liated with lBl Group Architects
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 51 of 118
\
)
lBl Group Memorandum
Municipalig of Bay'ham - January 20, 2010
4. Section 4.18 of the Zoning By-law states that
1except as here¡nafter proyídd ¡n this By-law, no person shall ercct a
building....and no person shall use any tand....unress the lotor parcel
...abufs or fronts on a publ¡c street or publíc ¡u,ad, and ls maîntaíned
by such authorlty ln such a manneÍ so as to permit its use by
vehÍcular traffic.'
5. As such, an amendment is required to permit a minimum lot frontage of 0.0 metres,
should these lands ever be used or developed. Our analysis of the situation is as follows:
¡ The subjec't lands have been in existence since the 1870's and have had
legal access under the Railway Act likely since this time, and as indicated by
the Plan provided from 1913. ln addition, they have housed a dwelling in the
past. Provided there are no documented incidents with respect to the access
of these lands, we would ascertain that the lands could be used for similar
purposes in the future.
. The subject lands front onto a publicly owned parcel of land (utility conidor)
which separates it from the opened public right-of-way (Gray Street). In
esseneÆ, it is blocked from publíc lands, by other public lands, which allows
for issues related to legal access to be dealt with through the public realm,
without the requirement of a private third party.
. Gray Street provides nearby private driveway access and includes a large
travelled area to accommodate adequate emergency, snow, and garbage
vehicle turnaround.
6. Based on our review of the Official Plan and Zoning Bylaw we have no objection to the
proposed amendment subject to the following:
o That the Municipal road superintendent be satisfied with the adequacy of
Gray Street to accommodate a driveway in its proposed location;
o That the Municipality and the Town of Tillsonburg are satisfied with the legal
easement in terms of its locatíon, width, and conflict with other legal uses of
the utility corridor.
o That the applicants obtain a legal easement to the subject lands through the
Elgin Land Division Committee prior to any rezoning.
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 52 of 118
j)
..J
lBl Group Memorandum
Municipality of Beyham - January 20, 2010
i)
7. We would recommend an easement in favour of the subject lands that is located at a site
deemed adequate to access Gray Street without the need for any improvements, and at a
width of 20 metres to satisff the intent of the HR Zone. ln no case, should the easement
be less than 6 metres, which is considered a minimum suitable width to accommodate
emergency vehicles onto the subject lands.
7¿r1
IBIGROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
J:\34ùt!470 iroore\PTMmoore2o10{1-20.doc\2010{1-22\DD
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 53 of 118
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2010-0s4
A BY-LA\il TO AUTHORIZE THE E)(ECUTION OF AN
EASEMENT AGREEMENT BETWEEN GEORGE
STANLEY MOORE (ESTATE OÐ, THE CORPORATION
OF'THE MTJNICIPALITY OF BAYIIAM AI\D THE
CORPORATION OF THE TOWN OF TILLSONBT]RG
WHEREAS Section I 1 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a
lower tier municþality may pass by-laws respecting public utilities, including sanitary sewage
collection and water servicing.
AND \ilHEREAS Section 8 of the Municipal Act"200l, S.O. 2001, c.25 as amended provides that
a municþalrty has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act.
AND WHEREAS George Stanley Moore (Estate of) is the owner of lands located in Part I-ot23
Concession 8, Hamlet of Eden, Municþality of Bayhaur and for development purposes requires a
formal easement across former rail lands now owned by the Corporations for municþal serr¡ices
and access.
AND \ilHEREAS the Corporation of the Municipality of Bayharn and the Corporation of the
Town of Tillsonburg acknowledge the unregistered easement across the former railway line that
existed under the RailwayAct and so deem it necessary and expedient to execute a formal easement
agreement with George Stanley Moore (Estate of) to permit the installation and maintenance of a
private sanitary sewer connection, private water service and driveway access.
NOW TIIEREFORE THE COT]NCIL OF THE CORPORATION OF THE
MT]NICPALITY OF BAYIIAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and di¡ected to execute the
Easement Agreement with George Stanley Moore (Estate oÐ affixed hereto and forming
part of this By-law as Schedule "A".
READ A FIRsT, sEcoND A}[D TIIIRD TIME AND FINALLY PASSED THIS 3.d DAY
oF JUNE 2010.
MAYOR CLERI(
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 54 of 118
Page I
THIS EASEMENT AGREEMENT made in triplicate this 3'd day of June 2010.
BETWEEN:
GEORGE STAI\LEY MOORE (ESTATE OÐ,
Hereinafter referred to as the "Transferee"
OF THE FIRST PART
-and-
THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM'
ANI)
THE CORPORATION OF THE TOWN OF TILLSONBURG
as represented by its Servants, Agents, Contractors and Consultants
Hereinafter referred to as the "Transferor"
OF THE SECOND PART
WIIEREAS:
1. The Municipality of Bayham and the Town of Tillsonburg, being joint owners, deem it
necessary and expedient to enter into an easement agreement with the Transferee to
permit the installation and maintenance of a private sanitary sewer connection to an
ãpproved Municipal sewer outlet, a private water service connection to an approved
Municipal water main and driveway access over land jointly owned by the Corporations
that is not a street.
NOW TIIEREFORE THIS INDENTTJRE WITNESSETII that in cONSidETAtiON Of thE SUM Of
one dollar ($1.00) of lawful money of Canada now paid by the Transferee to the Transferor, the
Transferor hereby gtants and conveys unto the Transferee, its successors and assigns, the
following rights and easements in perpetuity:
1. the free, unintemrpted and undisturbed right and easement to enter upon and construct,
install, operate, maintain, inspect, reptair, alter, replace and remove a private sanitary
sewer connection, private water connection and driveway acceqs in, upon, along, and
across the lands described as ' : (Patt ? of Registerpd 'Plan)
hereinafter called the "Servient Lands".
2. for the servants, agents, contractors, and workmen of and other persons duly authorized
by the Transferee at all times (subject as may hereinafter be provided) and from time to
time to pass and repass with all machinery material, vehicles, and equipment as may be
necessary along the Servient lands for all purposes necessary or incidental to the exercise
of and for the enjoyment of the rights and easements herein granted.
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 55 of 118
Page2
The aforesaid rights and easements are hereby granted on the following terms and conditions,
which are hereby covented and agreed to by and between the Transferor and the Transferee:
3. upon completion of the construction of the aforesaid works and of any installation,
réplacement, maintenance, inspection, repair, alteration or removal thereof the Transferee
shall forthwith fill in all excavations in and/or on the Servient lands and as far as
practicable restore the surface thereof to the same condition as that in which it was found
prior to the commencement of the work to the Transferor's satisfaction and shall remove
all equipment and rubbish. Any gates, fences, tile drains or other improvonents damaged
by the Transferee shall be restored by the Transferee at its expense as closely as is
reasonablypracticable to their prior condition before such damage.
4. the rights, liberties, privileges and easements herein granted, conveyed and transferred are
declared to be appurtenant to and for the benefit of the property of the Transferee more
particularly described in Schedule "4" hereto attached.
5. the Transferee shall not undertake any works, change any grades, or install any works on
the Servient Lands without the prior written consent of the Transferor.
6. the Transferee shall be responsible for any damage to the propefy of the Transferor
caused directly or indirectly by the acts or omissions of the Transferee or any persons
acting under the authority of the Transferee and the Transferee shall indsmniff and save
harmless the Transferor from all claims of every nature whatsoever and howsoever
arising out the installations, construction, maintenance, operation, and existence of the
works.
7. Notwithstanding any rule of law or equity, all works brought on to, laid on or erected
upon, or buried in or under the Servient Lands by the Transferee shall at all time remain
the property of the Transferee notwithstanding that the same may be annexed or affixed to
the freehold and shall at any time and from time to time be removable in whole or in part
by the Transferee or its successors and assigns, and the Transferee shall retain
responsibility for all maintenance and repair costs'
8. The rights and easements hereby granted are and shall be of the same force and ef[ect to
all intents and purposes as a covenant running with the lands and this grant, including all
the covenants anó conditions herein contained, shall extend to, being binding upon and
enure to the benefit of the heirs, executors, administrators, successors in title and assigns
of the parties hereto respectively, and all covenants herein contained shall be construed to
be several as well as joint, and wherever the singular or masculine is used, it shall be
construed as if the plural or the ferninine or the neuter as the case may be, had been used
where the context or the party or parties hereto so require, and the rest of the sentence
shall be construed as if the grammatical and terminological changes thereby rendered
necessary had been made.
The Transferor Covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee notwithstanding any act of the Transferor.
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 56 of 118
Page 3
And that the Transferee shall have quiet possession of the said rights and easements free from all
encumbrances.
SIGNED, SEALED and DELIVERED this
-
day of
-,2010
In the presence of
Witness George Stanley Moore (Estate of)
BarbaruBalthes
THE CORPORATION OF'THE
MUNICIPALITY OF BAYHAM.
Lynn Acre
Mayor
Lynda Millard
Clerk
THE CORPORATION OF THE TOWI\ OF
TILLSONBURG
Michael Graves
Director of Corporate Services/Clerk
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 57 of 118
Page 4
Schedule ttA'
DESCRIPTION OF LAIIDS
Legal Description: Concession 8 Part Lot 23,Harríetof Eden, Municipality of Bayham,
Countyof Elgin
Assessment Roll # 34-01 -000-006-24801
Staff Report D2010-14 regarding Moore Easement Agreement.
File: D15
Page 58 of 118
TO:
FROM:
SUBJECT:
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
Mayor and Members of Council DATE: May 31, 2010
Margaret Underhill, Planning Coordinator/Deputy Clerk FILE: Dl l.MENN
Mennonite Church in Christ I\UMBER: D2010-15
Site Plan Agreement (By-law 2007-063)
Purpose
ThiJ report is to recommend the extension of the Site Plan Agreement for the Mennonite Church in Christ,
54571Eden Line, Hamlet ofNorth Hall.
Background
In June 2007 the Mennonite Church in Christ entered into a Site Plan Agteement with the Municipality of
Bayham for the development of their property located on Eden Line in the Hamlet of North Hall. The
Mennonite Church in Christ proceeded with the construction of a new church.
Both in May 2008 and June 2009,the Church requested and was granted a one-year extension of the site plan
agreement due to financial difficulties and the inability to finish the church and grounds within the designated
time set out in the original agreement.
StaffComments
The church is once again requesting an extension of one-year citing their on-going membership concerns and
financial constraints. They have made substantial progress on the building construction and are just about to the
point of requesting a final inspection. Their attention will then turn to completing the site plan requirements for
the development of the remainder of the properly.
The Chief Building Official has confirmed that the building permit is still active and recommends the extension
ofthe site plan for another year.
Attachments
L Correspondence dated May 3 1,2010 from the Mennonite Church in Christ
Recommendation
*TIIAT Staff Report D2010-15 regarding the Mennonite Church in Christ Site Plan Agreement be
received;
A¡lD TIIAT the completion date of the Mennonite Church in Christ Site Plan Agreement, as authorized
by ByJaw 2007-063, be extended for a third time for one year to June 7,2011."
Respectfully
Planning Coordinator/Deputy Clerk
Revie ed
Staff Report D2010-15 regarding Mennonite Church in Christ Site
Plan Agreement (By-Law 2007-063). File: D11
Page 59 of 118
Mennon¡te Church in Ch
Know that tJ:e LORD, He is God; It is He who has made us, and not we ourselves;
We are His people and the sheep of His pasture. Ps. 100: 3
For no other foundation can anyone lay than that which is laid, which is Jesus Christ. 1 Cor. 3:11
Date: May 31,2010
To whom it may concem:
I Apologize for not writing sooner to let you know of the progress the Church has made in the last year in completing
the overall Project. Up until now the focus has mainly been on the completion of the Structure itself. The Structure is
now almost complete with the exception of a few minor details.
rù/e will now tum our focus on the Site Plan. The Driveway and part of the Parking lot to the west side of the
driveway beside the Church is done. The grading from the west end of the Chwch all the way around of what used to
be the Nelsons Property to Eden Line is also done and so is the part between the South side of the Church and
Highway # 3.
What is left to be done is part of the Parking lot in front of the Church and the Grading between the Parking lot and
Hamrs Property. 'We also have to put up some Lighting onthe Property and Plant Trees around most of the Propefly.
Now due to the small Group that we are and very limited as to how much we can aflord to give, it is going to take
some time for us to do the remainder of the work that needs to be done.
So on behalf of the Mennonite Church in Christ I kindly ask the Municipalþ of Bayham to consider extending our
contract agreement for another Yea¡ and Hope that we will have it done by then. Thank You very much.
Sincerely: Heinrich Reddecopp
11590 Plank Road,
Eden Onta¡io, NOJ lHO
Tel: (519) 866-3886
Cell # (slg) 617-2729
Staff Report D2010-15 regarding Mennonite Church in Christ Site
Plan Agreement (By-Law 2007-063). File: D11
Page 60 of 118
l
CORPORATION OF THE MT]NICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: June 3, 2010
FROM: Gerry LeMay, Manager Public Works FILE: \ ' \ [,''
SUBJECT: Replacement Truck-Fire Chief NUMBER: PW 2010-07
Purpose
This report is to present recommendations from the Manager of Public Works regarding the purchase
of a vehicle for the Fire Chief due to the condition of our present vehicle.
Background
The Municipality of Bayham presently has a fleet of older vehicles, which are very costly to repair
and place a strain on the budget year after year. Keeping our present vehicle we have assessed a gteat
number of concerns with the truck, which would be extremely costly to repair as opposed to the
purchase of a new or used vehicle, which could facilitate our requirements. The cost to attempt to
repair the vehicle is prohibitive starting with the installation of a new transmission estimated at
$2,500 to $3,000 and giving us no value regarding the vehicle. The list of some major concerns of the
vehicle is great as well as over 400,000 kilometers of use.
Staff Comments
The Manager of Public Works indicates a preference to a several options, which Council may choose
including brand new vehicles, and many excellent used vehicles. The finances would be reached by
using a contingency we have set aside in the event of a major breakdown. Vehicle with a cost of
approximately $ 16,900.00 plus applicable taxes down to $13,500 should fall within our budgetary
and working requirements. We wish to forego the purchase of a reclaimer in the amount of $8,000 as
well as a portion of the budget allocated to general gravel projects/sidewalk repairs would allow for
the purchase of the vehicle. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained
and secure infrastructure)
Attachments
I . Summation of Sample Bid Results(example of cost of a used vehicle)
Strategic Plan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Council direct staff to purchase a vehicle to replace the present 1998 GMC. Manager of
Public Works would recommend the2009 GMC from DeGroote-Hill in the amount of $13,900
Respectfully submitted,
GerryLeMa¡ Manager Public Works
Staff Report PW2010-07 regarding Replacement Truck - Fire
Chief. File: P16
Page 61 of 118
Vehicle Prices
Vehicle Year Cost Dealer
Dodge 4X4 2005 $ 15,300 Cain's Auto Sales
(With this scenario we would give the full size vehicle to the Sewage Treatment
Plant and give their 2008 Ranger to the Fire Chief)
Ford Ranger 2007 $ 13,500 Cain's Auto Sales
Canyon GMC 2004 $ 12,900 DeGroote-Hill
(82,000 Km)
Canyon GMC 2009 $ 13,900 DeGroote- Hill
(8,000 Km)
Ford Ranger 2010 $ 16,900 Stauffer Motors
Staff Report PW2010-07 regarding Replacement Truck - Fire
Chief. File: P16
Page 62 of 118
ì
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: June 3,2010
FROM: Gerry LeMay, Manager Public'Works FILE: f: t t
SUBJECT: One Ton Low BoyTruck NUMBER: P\M 2010-08
Purpose
This report is to present recommendations from the Manager of Public Works regarding the purchase
of a vehicle for the replacement of the one-ton truck, at the Public Works garage, due to the condition
ofour present vehicle.
Background
The Municipality of Bayham presently has a fleet of older vehicles, which are very costly to repair
and place a strain on the budget year after year. Keeping our present vehicle we have assessed a gteat
number of concems with the truck, which would be extremely costly to repair as opposed to the
purchase of a new or used vehicle, which could facilitate our requirements. The cost to attempt to
repair the vehicle is prohibitive. The list of some major concerns of the vehicle is great as well as
uncountable kilometers of use.
Staff Comments
The Manager of Public Works indicates a preference to the option, which Council may choose an
excellent used vehicle. The finances would be reached by using a contingency we have set aside in
the event of a major breakdown. The vehicle has a cost of approximately $ 42,336.00 including
applicable taxes. We wish to use a portion of the budget allocated to general gravel projects/sidewalk
repairs would allow for the purchase of the vehicle. Under the Strategic Priorities Goal #2 (Ensure
reliable, well maintained and secure infrastructure)
Attachments
1. Summation of Sample Bid Results(example of cost of a used vehicle)
Strategic PIan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Council direct staff to purchase a vehicle to replace the present 1993 GMC Flat Bed Truck
from Cain Auto Sales and Service of Bayham. Manager of Public Works would recommend the2007
Chewolet Silverado in the amount of $42,336.00 including applicable taxes.
Respectfully submitted,
Gerry LeMay, Manager Public Works
Staff Report PW2010-08 regarding One Ton Low Boy Truck.
File: F18
Page 63 of 118
Vehicle Prices
Vehicle Year Cost l)ealer
Chev Silverado 2007 $ 381300 Cain Sales and Service
(- $ 500 Trade In)
s 42,336
Staff Report PW2010-08 regarding One Ton Low Boy Truck.
File: F18
Page 64 of 118
*
Staff Report PW2010-08 regarding One Ton Low Boy Truck.
File: F18
Page 65 of 118
Page 1 ofl
Staff Report PW2010-08 regarding One Ton Low Boy Truck.
File: F18
Page 66 of 118
1@ì
CORPORATION OF THE MUNICIPALITY OF BAYHAM
INFORMATION REPORT
TO: Mayor & Members of Council
FROM: GerÐ' LeMay, Manager Public'Works
SIIBJECT: Carson Road Bridge Closure
DATE: June 3,2010
FILE: ( ',1 cai'"
NUMBER: PW 2010-09
Information for Council regarding the request for closure of the Carson Road Bridge to allow for
repairs to the Bridge by Clarington Construction Inc. of Stoney Creek, Ontario.The closure will
encompass approximately three (3) weeks allowing for repairs to the decking of the bridge, extension
of the drains, waterproofing of the deck as well as end treatments on the roadway. The dates of
closure for Carson Road Bridge would be Monday June 14 and finishing on Friday 2. The road
closure will encompass Carson Rd starting at 911 # 57387 on the east side and 911 # 57214 on the
west side. (This will be the closest vehicle will be allowed to the bridge structure.)
With Councils permission the Manager of Public 'Works will advise the emergency vehicles of the
closures as well as placing the closures on the Municipality of Bayham \Mebsite.
Affachments
1. Request from Carlington Construction Inc.
Strategic Plan Goal(s)
l. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Council receives the information from the Manager of Public Works
Respectfully submitted,Reviewed
Gerry LeMa¡ Manager Public iWorks , Administrator
Staff Report PW2010-09 regarding Carson Road Bridge Closure.
File: T04
Page 67 of 118
Page I ofl
Gerry Lemay
From: Robert Coulombe [robert@carlington.ca]
Sent: May 31 ,2010 2:46PM
To: Gerry Lemay
Gc: admin@carlington.ca
Subject: Fwd: Carson bridge
Gerry,
Hope you had a good weekend. Please see attached certificate of insurance as per your request naming
the township as additionally insured.
Also, as per your telephone conversation with Craigearlier today, Carlington would formally request
that the Carson Bridge be closed to motor vehicle traffic as of June 14,2010 for a period of 3 weeks.
They project would likely be completed within 2 weeks but just adding a factor just incase we run into
some inclement weather.
If you have any questions, please do not hesitate to contact us. Have. Good day.
Robert
Robert Coulombe
Carlington Construction Inc.
Sent from my iPhone
Begrn forwarded message:
From: "Martin Havey" <ma.rtrn.havey@sefg.ca>
Date: May 31, 2010 2:40:16 PM EDT
To : <robert@carllngf on. ca>
Subject: Carson bridge
Hi, see attached copy of cert for Carson Bridge project.
3U0sl20l0
Staff Report PW2010-09 regarding Carson Road Bridge Closure.
File: T04
Page 68 of 118
1
CORPORATION OF THE MUNICIPALITY OF BAYHAM
INFORMATION REPORT
TO: Mayor & Members of Council
FROM: Gerry LeMa¡ Manager Public Works
SUBJECT: Best Line Road Closure
DÄTE: June 3,2010
FILE: -f o.ì
NUMBER: PW 2010-t<e
lnformation for Council regarding the request for closure of the Railway Crossings on both Best Line
and Elliott Road by Trillium Railway. Trillium Railway has advised they require a five (5) day
closure of each of the two above mentioned railway crossings in order to carry out repairs to the
crossings allowing for a smoother crossing than is presently felt. The dates of closure for Best Line
would be June 14 and finishing on June 18ú and for Elliott Road the closure would be June 2l$ and
finishing on June 25th.
\Mith Councils permission the Manager of Public Works will advise the emergency vehicles of the
closures as well as placing the closures on the Municipality of Bayham Website.
Attachments
1. Request from Don Ettinger of Trillium Railway
Strategic Plan Goal(s)
1. Goal #2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Council receives the information from the Manager of Public Works
Respectfully submitted,
Gerry LeMay, Manager Public'Works
Staff Report PW2010-10 regarding Best Line Road Closure. File:
T09
Page 69 of 118
Page I ofl
Gerry Lemay
From: Don Ettinger [don.ettinger@trilliumrailway.com]
Sent: May 18, 2010 6:38 AM
To: Gerry Lemay
Cc: Buck Tomlinson
Subject: Best Line Road Closure
Good Morning Gerry,
Thank you for speaking with me last week. To recap our phone conversation, Trillium Railway would like to
rebuild the railroad crossings on Best Line and Elliot Road. A complete road closure for 5 days will be required
for each crossing.
The scope of the work will require us to remove the asphalt and rail from the road and dig down 18 inches
below the base of the rail to the sub ballast. We will then make sure the sub ballast is in good condition and level
before placing new railroad ties and rail in the trench. We will also use steel mudrail instead of the wooden planks
that are currently in place. We will use new ballast to hold the track in place and then asphalt over top of that.
We would like to commence work on Best Line on June 14th and finishing on June 18th. The work on Elliot
Road would start on June 21st and end on June 25th.
As I am relatively new to this position and I am not 100% certain on the road closure procedures that the
Municipality of Bayham has. Any guidance you could give would be greatly appreciated. lf you have any
questions or concerns, please feel free to contact me at (905) 321-3388.
Regards,
Don Ettinger
Operations Manager
Trillium Railway
/rl s4/^L-fe""T
1810s12010
Staff Report PW2010-10 regarding Best Line Road Closure. File:
T09
Page 70 of 118
1
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Gerry LeMay, Manager Public Works
SUBJECT: Information regarding Canada Post Boxes
DATE: June 3,2010
FILE: í \ l
NUMBER: PW 2010-t¡
Purpose
This report will advise Council of the new location of the Canada Post boxes in the Village of
Richmond.
Background
The citizens of Richmond have advised Canada Post of their concerns regarding the present position
of the mailboxes presently on the corner of Heritage Line and Richmond Road. The present location
creates dangerous situation with parking on the sidewalk causing a visibility obstruction. Canada
Post, which did not solve the present dilemma" suggested several locations but we feel the location
finally chosen is the most viable and allows safe means of gaining the mail for the residents. Canada
Post has submitted a plan showing the proposed location along with a Generic I.egal Agreernent
allowing CanadaPost to place the mailboxes on Municipal property.
The Public'Works Department spent a great deal of time with Canada Post to find aî area which
would best serve the citizens of Richmond and give a safe means of procuring the their mail.
Staff Comments
The Manager of Public'Works indicates the present location does not allow for vehicles to get offthe
traveled portion of the roadway without causing concern to pedestrians or also causing a visibility
obstruction for traffic. As mentioned the proposed location allows for light during the evening hours,
a sidewalk approach for pedestrians and a viable area for vehicles to pull safely from the traveled
portion of the roadway. Under the Strategic Priorities Goal #4 (Ensure reliable, well maintained and
secure infrastructure) .
Affachments
1. Generic LegalAgreement
2. Diagram of Proposed Mailbox Location
Strategic PIan Goal(s)
l. Goal #4 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT Staff Memorandum 2010-06 be received.
Respectfully submitt
' vt
LeMay, Man er Public'Works
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 71 of 118
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Regards
Elaine Pullen
Deli'rery Planning Officer
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 72 of 118
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AND
FEDERATION OF CANADIAN MUNICIPALITIES
Generic Legal Agreement
THIS AGREEMENT made in triplicate this day of 20
BETWEEN
(Hereinafter called the "Municipality')
OF THE FIRST PART;
CANADA POST CORPORATION
(Hereinafter called "Canada Post")
OF THE SECOND PART;
\ilHEREAS pursuant to the Canada Post Corporqtíon lcl, R.S.C. 1985, c. C-10, Canada
Post was established as Agent of Her Majesty to, inter alia" establish and operate a postal service
for the collection, transmission and delivery of mail and to provide such products and services as
are, in the opinion of Canada Post, necessary or incidental to such postal service;
AND WHEREAS the Mail Receptacles Regulations, made pursuant to the Canada Post
Corporation Act with the approval of the Governor in Council, authorize Canada Post to install,
erect or relocate, or cause to be installed, erected or relocated in any public roadway, any
recqltacle or device to be used for the collection, delivery or storage of mail;
AND WHEREAS Canada Post desires to install, erect and relocate, when necessary such
receptacles or devices, commonly referred to as "Community Mailboxes", at specific convenient
locations on public roadways within the Municipality, title to which is vested in the
Municipality;
AND \ilHEREAS the title to the public roadways is vested in the Municipality;
AND WHEREAS the Parties hereto desire to enter into an Agreement governing
Community Mailbox site selection, liability, maintenance, repair, replacement, removal and
relocation;
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 74 of 118
2
NOW THEREFORE THIS AGREEMENT WINESSETII that the Municipality and
Canada Post, each in consideration of the execution of this Agreement by the other, mutually
agree as follows:
1. In this Agreement:
(a) "Council" shall mean the Council of The Corporation of the
;
Municipality of
(b) "Municþal Offrcial" shall mean the
[title of Municþal Official]
(c) "MunicipaliS'shall mean The Corporation of
(d) "Roadway'' shall include public road allowances, highways, streets, lanes, walkways,
sidewalks, and boulevards within the jurisdiction of the Municipality;
(e) "Utility'' shall include flist all utilities currently in road allowance] or such other
public or private utility companies permitted by the Municipality to use the roadway.
2. Subject to the terms and conditions herein contained, Canada Post shall:
(a) install, erect and relocate, when it deerns necessary, Community Mailboxes only at specific
locations on roadways within the Municipality, the suitability of which sites having been
established in accordance with Canada Post's location criteria and subsequently reviewed
and approved by the Municþal Offrcial (which review will be expeditious and which
approval shall not unreasonably be withheld) in accordance with the details which are
attached hereto as Schedule "4", which Schedule shall form part of the Agreement;
(b) at its expense, satisfactorily maintain such Community Mailboxes, including concrete slabs
and access pads, landscaping and Community Mailbox sites and including, without
limitation, general upkeep and litter control on a regular basis;
(c) provide, at its own expense, for snow clearing of the areas adjacent to the Community
Mailboxes to provide access thereto during the winter for the public; provided, however,
that no snow shall be placed on any traveled portion of the roadway or sidewalk by Canada
Post or its contractor;
(d) indemniff and save harmless the Municipality from and against all claims for injury or
damage by whomsoever made, brought or prosecuted, in any manner based upon, arising
out of or in any way attributable to the construction, installation, maintenance or use of the
CommunityMailboxes, except those arising out of the negligence of the Municipality;
(e) assume all loss, injury or damage and risk of loss, injury or damage to any works of the
Municipality or that of any public utility which may be in, on, over or under the roadwa¡
at the location of the Community Mailboxes, arising out of the construction, maintenance
or repair of the said Community Mailboxes, except for that arising out of negligence of the
Municipality or any public utility.
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 75 of 118
3.
J
Should the Municipal Official not approve the suitability of any site for the installation,
erection or relocation of Community Mailboxes or should the Municipal Official, in future,
desire that any Community Mailbox erected or installed by Canada Post upon a roadway
pursuant to the terms of this Agreement, be relocated, the Municipal Official shall
immediately so notifr Canada Post in writing and such notice shall set forth the reasons for
such disapproval or desire for relocation. Forthwith upon receipt of such notice, Canada Post
and the Municþal Official shall work together in good faith to expeditiously resolve the
Municipality's concerns and objectives in this regard and, if required, select an alternative
location meeting the approval of the Parties as herein provided. Upon removal of any
Community Mailbox from the roadwa¡ Canada Post shall satisfactorily restore the affected
portion of the roadway to a standard equivalent to the condition of the roadways in its
vicinity, and upon failure of Canada Post to restore the aflected portion of the roadway, the
Municipality, upon advance notice in writing to Canada Post, may do so at the expense of
Canada Post which undertakes and agrees to pay to the Municipality such expenses
(including supervisory and clerical worþ on demand.
Canada Post may al any time, at its sole discretion and for any reason, gtve notice in writing
to the Municipal Ofñcial of its intention to remove any or all of the Community Mailboxes
from the roadways. Upon removal of any or all Community Mailboxes from the roadways,
Canada Post shall satisfactorily restore the affected portion of the roadways to a standard
equivalent to the condition of the roadways in its vicini$, andupon failure of Canada Post to
restore the affected portion of the roadways, the Municipality, upon advance notice in writing
to Canada Post, may do so at the expense of Canada Post which undertakes and agrees to pay
to the Municipality such expenses (including supervisory and clerical worþ on demand. All
notices in writing referred to herein shall be conclusively deemed to have been received three
(3) days after the date of mailing.
Canada Post acknowledges and agrees that the Municipality is the owner of and has
jurisdiction over the roadways within the Municipality aflected by this Agreement and that
the Municipality reserves the right to use the roadway at or on which a Community Mailbox
is located for the purposes of constructing and maintaining therein sewers, water mains,
electric light and power conduits and cables, telephone conduits, gas lines and all other
services and appliances, whether existing or placed therein in the future, and whether under
its control or the control of a public utility or other govemment authority.
If, in the event of an emergency, it becomes necessary for Canada Post to do work on, across
or along any roadways without consultation with the Municipal Official, then Canada Post
shall, as soon as reasonably possible, provide the Municipal Official with details of the
emergency and the work done in response thereto. In such emergency sifuations, Canada
Post shall expeditiously restore the roadway to a condition as near as reasonably possible to
the condition it was prior to the start of any such work. Upon failure of Canada Post to so
restore the roadway, then the Municipality may do so and charge the cost of doing so back to
Canada Post. Restoration includes but is not limited to any required repair to the roadway
concemed by reason of any settlement of the original restoration work by Canada Post.
If, in the event of an emergency, it becomes necessary for the Municþality or other utility to
work at any location of a Community Mailbox without the permission of Canada Post, the
Municipality shall, as soon as reasonably possible or within 24 hours notice to the
4.
5.
6.
7.
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 76 of 118
8.
4
Municipality by the utility, provide Canada Post with details of the emergency and the work
done in response thereto. In such situations the Municipality or the utilit¡ as the case may
be, shall temporarily relocate and anchor any such Community Mailbox in as close proximity
to its original site as reasonably possible, having regard to the temporary nature of the
relocation to facilitate its continued use in a reasonable and safe manner. The Municipality
or the utility, as the case may be, shall expeditiously restore the Community Mailbox location
to a condition as near reasonablypossible to the condition prior to the start of any such work.
Canada Post shall, at its own cost and expense, cause any and all liens or privileges registered
pursuant to applicable laws relating to construction liens or privileges on municþal property
for labour, services or material allege.d to have been fumished or to have been charged by or
for Canada Post or anyone on its behalf on the roadways or any improvements or facilities
therein or thereon, to be paid, satisfied, released, cancelled and vacated within thirty (30)
days after the Municipality shall have sent to Canada Post written notice by prepaid post of
any claim for such lien or privilege. Provided, however, that in the event of a bona fide
dispute by Canada Post of the validity or correctness of any claim for any such lien or
privilege, Canada Post shall not be bound by the foregoing but shall be entitled to defend
against the same in any proceedings brought in respect thereof after first paþg into court the
amount claimed and such costs as the court may direct and registering all such documents as
may be necessary to discharge such lien or privilege, or providing such other security in
respect of such claim as will result in the discharge of such lien or privilege. In respect to
such liens or privileges, Canada Post in addition hereby covenants and agrees to indemniff
and keep indemnifie.d the Municipality of all liability or judgments arising out of any liens or
privileges registered as a result of the construction of a Community Mailbox and its related
facilities by Canada Post, its contractors, subcontractors, material suppliers and workers.
Any notice required to be given to the Municipality hereunder shall be sufficiently given
personally or delivered or sent by prepaid priority courier addressed to:
and any such notice, if mailed, shall be deemed to have been received by the Municipality on
the second business day after the date on which it shall have been so mailed.
Any notice required to be given to Canada Post hereunder shall be suffrciently given
personally or delivered or sent byprepaid courier addressed to:
CANADA POST CORPORATION
Manager - Delivery Planning
300 Wellington St.
London ON N6B 3P2
and any such notice, if mailed, shall be deemed to have been received by Canada Post on the
second business day after the date on which it shall have been so mailed.
9.
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 77 of 118
5
10. This Agreement incorporates all the terms and conditions goveming the installation, erection
and relocation of Community Mailboxes on roadways within the Municipahty and there is no
representation or collateral agreement affecting this Agreement other than as expressed
herein in writing.
11. This Agreement may not be assigned or transferred by either party without the prior written
consent of the other parly.
12. This Agreement shall be binding upon the Parties hereto, their successors and assigns.
IN \üITNESS WHEREOF the Parties have caused their respective corporate seals to be hereto
affixed as attested by the hands of their respective proper officers in that behalf the day of the
year first above written.
THE CORPORATION OF THE
Per:
Per:
CANADA POST CORPORATION
Per:
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 78 of 118
6
SCHEDULE "A"
STANDARDS AND GUIDELINES
FOR THE INSTALLATION OF COMMTJNITY MAILBOXES
Staff Report PW2010-11 regarding Information regarding Canada
Post Boxes. File: C13
Page 79 of 118
<ló
CORPORATION OF THE MI]NICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Gerry LeMa¡ Manager Public'Works
SUBJECT: Promote'Waterfront and Beach
DATE: }l4.ay20,2010
FILE: R ob
NUMBER: PW 2010-06
Purpose
This report is to outline some of the ideas from the Manager of Public Works regarding promoting
the beach and the Waterfront, within the Municþality of Bayham.
Background
Council has discussed a desire to promote Bayham's Waterfront and the beach amenities. Several
ideas have risen to the top including a Family Day where several large inflatable game rentals are
rented and placed on the beach to promote the family atmosphere. The Manager of Public'Works has
contacted the Ontario Beach Volleyball Association have our beach used for either junior trials or
part of the beach volleþall circuit. Several bands have been contacted in hopes of having some
music on the beach or a disc jockey to bring in some residence outside of Bayham to demonstrate the
beautiful area we live in.
Staff Comments
The Manager of Public Works has spoken with local businesses in order to promote their business as
well as not adding a burden on the taxpayer the local business would buy adverting in order to allow
bands, the inflatable slides or kids play structures. Under the Strategic Priorities Goal #6 (Provide
and encourage attractive lifestyle choices) subsection 3 we have meet this parameter of the priorities
by promoting Bayham's waterfront and beach amenities. Manager of Public Works is waiting for
several people to return calls and contact the Manager regarding their part in promoting the beach
amenities. Perhaps in the future a week long concert may be a means of promoting the beach
amenities.
Attachments
1. Advertisement of the Beach Inflatable to be rented
Strategic PIan Goal(s)
1. Goal #6 - Provide and encourage attractive lifestyle choices.
Recommendation
THAT Council accepts this report for information.
Respectfully submitted,
eMay, Manager Public Works
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 80 of 118
-Checkers-INFLATABLE GAME RIDES BOUNCERS MISSISSAUGA ONTARIO- P... Page I of 2
May 14 2010 Checker's fnflatable Party & Event Games Rent
20 years!!
lnflatable Preh¡stc
Adventure
Rental Price - $995
30'x 24'x 78'
All Rentals
Testin'¡onia ls
Cata log u e
Event Tips
' About Us
Contact Us
Downloads
http : //www. checkersfu nfactory. com/_prehistoricadv.php3 14105120r0
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 81 of 118
-Checkers-INFLATABLE GAME RIDES BOUNCERS MISSISSAUGA ONTARIO- P... Page2 of 2
Enter through the ancient dinosaur bone yard. Climb up the roc
the volcano. Once you reach the top slide down one of the tv
bottom friendly dinosaurs will greet you. You can ride them, ro,
climb to the top and do it all over again
Have a question about any of our inflatable party rentals... email us or cal
potential customers!l
Email us!
Toronto: 416-893-3866
Burlington : 905-526-87 42
Hamilton: 905-526-87 42
Milton: 905-337-9145
Niagara Falls: 289-932-1 502
Barrie: 705481-1075 Bramptc
Cambridge: 519-220-0399 Guelph:
Kitchener: 519-342-3595 London:
Mississauga: 905-337-9145 Montrea
Oakville: 905-337-9145 Ottawa:
St Catharines: 289479-5045
Toll-Free Phone: 1 477 -937 -3683 | Toll-Free Fax: 1 -877 -510
Email : fu n@checkersfunfactory.com
Delivery of this item is available to the following cities, although some minimr
apply. If you do not see your city please call to inquire: Acton, Ajax, Aurora, E
Brampton, Brantford, Burlington, Cambridge, East York, Etobicoke, Georgeto
Hearst, Kingston, Kitchener, London, Malton, Markham, Milton, Mississauga,
Falls, North York, Oakville, Orangeville, Oshawa, Ottawa, Paris, Pickering, Pc
Richmond Hill, St. Catherines, St. Thomas, Scarborough, Stoney Creek, Stratfi
Toronto, Vaughan, Waterloo,'Windsor, Whitby, V/oodbridge, Woodstock, Uxl
Hearst, Ontario
http : //www. checkersfunfactory. com/_prehistoricadv.php3 r4/0s12010
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 82 of 118
BOUNCY CASTLE RENTALS MISSISSAUGA
May 14 2010
Pagel of 2
Checker's Entertainment is Celebrating 20 Years of Inflatable Event Gan
Rentals!
Dragon Castle 5-in'
Rental Price- $ 695
20'x 20'x 78'
This unit has it all! A bounce play area, climbing ladder, ¿
basketball hoop and an obstacle challenge!
All in 1 piece! Plenty of activities to keep them busy
Have a question about any of our inflatable rentals... email us or call us - wc
potential customers! ! EmaiL us-l
All Rentals
Testinronials
Cata log ue
Event Tips
About Us
Contact Us
Downloads
http ://www. checkersfunfactory. com/_DRAGONsinl .php3 t4/05120t0
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 83 of 118
BOUNCY CASTLE RENTALS MISSISSAUGA Page2 of2
Toronto: 416-893-3866
Burlington : 905-526-87 42
Hamilton: 905-5263742
Milton: 905-337-9145
Niagara Falls: 289-932-1502
Barrie: 705481-1075 BramPton: 90r
Cambridge: 519-220-0399 Guelph: 519-2
Kitchener: 51 9-342-3595 London: 51 9{
Mississauga: 905-337-9145 Montreal: 514'
Oakville: 905-337-9145 Ottawa:613-2
St Gatharines: 289-479-5045
Toll-Free Phone: 1 -877 -937 -36S3 | Toll'Free Fax: 1 €77-51 0-0329
E mai I : fu-n @checke[sfu nfaolqry, com
Delivery of this item is available to the following cities, although some minimt
restrictions may apply. If you do not see your city please call to inquire: Acton
Barrie, Bellville, Bolton, Brampton, Brantford, Burlington, Carnbridge, East Y
Georgetown, Gueþ, Hamilton, Hearst, Kingston, Kitchener, London, Malton.
Milton, Mississauga, New Market, Niagara Falls, North York, Oakville, Orane
Ottawa, Paris, Pickering, Port Dover, Port Hope, Richmond Hill, St. Catheriner
Scarborough, Stoney Creek, Stratford, Sudbury, Timmons, Toronto, Vaughan,
Windsor, Whitby, Woodbridge, Woodstock, Uxbridge and all the way to Hear¡
http ://www. checkersfunfactory.com/_DRAcoN5inl .php3 1410512010
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 84 of 118
ruMPY CASTLE KITCHENER-CHECKERS ENTERTAINMENT-I 877 WE RENT F... Page 1 of 2
Checker's Inflatable Rentals Toronto is Celebrating 20 Years of Inflatabl
Party Supply Rentals! ! !
$4e5
$3e5
May 14 2010
Testimonia ls
Catalog ue
Event Tips
About Us
Star Walk
Rental Price:
22'x 24'
78'x 79'
Our most popular rental item
No Ontario festival is fun without this bouncer.
Have a question about any of our inflatable jumpy castle rentals... email us
love talking to potential customers!!
Email us!
Co ntact Us
Dswnloads
Toronto: 41 6-893-3866
B url ington : 905-526-87 42
Hamilton: 905-526-87 42
Barrie: 705-481-1075
Cambridge: 51 9-220-0399
Kitchener: 51 9-342-3595
Brampton: 90r
Guelph:519-2
London: 519-(
http ://www. checkersfunfactory. com/_StarWalk.php3 l4l0sl20t0
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 85 of 118
ruMPY CASTLE KITCHENER-CHECKERS ENTERTAINMENT-I877 WE RENT F... Page2 o12
Milton: 905-337-9145 Mississauga: 905-337-9145 Montreal: 514'
Niagara Falls: 289-932-1502 Oakville: 905-337-9145 Ottawa: 613-2
St Gatharines: 289479-5045
Tolt-Free Phone: 'l-877-937-3683 | Toll'Free Fax: 1€77-510-0329
Emai I : fun@checkersfu nfactory.com
Delivery of this item is available to the following cities, although some minimr
restrictions may apply. If you do not see your city please call to inquire: Acton
Barrie, Bellville, Bolton, Brampton, Brantford, Burlington, Carnbridge, East Y
Georgetown, Gueþ, Hamilton, Hearst, Kingston, Kitchener, London, Malton'
Milton, Mississauga, New Market, Niagara Falls, North York, Oakville, Orang
Ottawa, Paris, Pickering, Port Dover, Port Hope, Richmond Hill, St. Catherinel
Scarborough, Stoney Creek, Stratford, Sudbury, Timmons, Toronto, Vaughan,
\Mindsor, Whitby, V/oodbridge, rWoodstock, Uxbridge and all the way to Heart
http : //www. checkersfunfactory. com/_StarWalk.php3 14105120t0
Staff Report PW2010-06 regarding Promote Waterfront and
Beach. File: R06
Page 86 of 118
?
TO: Mayor & Members of Council
FROM: Gord Roesch - Fire Chief
SUBJECT: Station #1 (Port Burwell) Replacement
DATE: June 3,2010
FILE: P lþ
NUMBERz FD2O10-002
Purpose
This report is to provide Council recommendations for moving forward with the
replacement of the Bayham Fire Station #1 - Port Burwell.
Background
Peter Corfield and Associates completed a Master Fire Plan and that plan was
submitted to council on April 1sth, 2010. One of the recommendations in the Master
Fire Plan was to replace the current fire station in Port Burwell. A committee was
established and several meetings have taken place. This report is a summary of the
committee recommendations.
Staff Gomments
The committee agrees with the Master Fire Plan report and recommends the new fire
station be located at 55461 Nova Scotia Line. This location will need to be re-zoned to
institutional.
The committee considered a multi-use facility (library) and concluded that the location
at Nova Scotia Line was not well suited for a library. The current library location is ideal
and central in Port Burwell. lf council still wants to consider this option, the engineer
can include a library option with costing in the drawings.
The committee has reviewed numerous fire station designs. We have determined that
the fire station should have the following features:
Two (2) Offices
One (1) Training Room at least 30' x 30' with storage closets
One (1) Kitchen
Two (2) Washrooms with Shower Facilities
One (1) Laundry Room complete with Washer-Extractor
One (1
One (1
One (1
One (1) Storage Room for Firefighting Equipment
One (1) Storage Room for PPE
One (1) Bunker Gear Racking Area
Three (3) Apparatus Bays
Unfinished Second Floor Area
Hose / Training Tower
Workshop
SCBA Compressor Room complete with Fill Station
Staff Report FD2010-002 regarding Station #1 (Port Burwell)
Replacement. File: P16
Page 87 of 118
It is estimated that the fire station would be between 6,500 and 7000 square feet and
would cost an estimated $1.00 to $1.20 per square foot. That translates to the cost of
the fire station ranging between $650,000 and $840,000. The largest unknown factor is
the amount of site work that is required. The actual costs will be much clearer once the
engineering work is completed.
Project Funding
lncluding 2010 reserve transfers into the Port Burwell station replacement reserve fund,
we currently have $165,000. The remaining estimated $485,000 to $675,000 would
need to be financed over the next ten (10) years.
Options
1. Design and Build / Request for Purchase
a. Staff would develop a floor plan and details
b. The RFP package would be advertised
c. Site plan to be developed separately at our additional cost
d. Engineering cost paid by developer and engineer works for the developer
2. Hire an Engineering Firm
a. Engineer works for the Municipality of Bayham and inspects work prior to
payments being made to the contractor
b. Site plan included in the price
c. Engineer knows our target budget and designs building to fit that budget
d. We can estimate engineering fee's to be approximately $30,000 to
$35,000.
Attachments
None
Recommendations
1. That council direct staff to move forward and hire an engineering firm to
represent the municipality with the direction to replace the Port Burwell Fire
Station on the property known as 55461 Nova Scotia Line. The costs for the
engineer shall be paid from the current reserve funds. The target cost of the
project shall not exceed $840,000.
Respectfully submitted,
Fire Chief
Staff Report FD2010-002 regarding Station #1 (Port Burwell)
Replacement. File: P16
Page 88 of 118
2009j1.27 6.3 9050
OOOOI9 A.J. STONE COMPANY LTD
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OOOO27 ACCESS FASTENERS & SUPPLY LTD
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OO127O GORD ROESCH
shipping expense COD INVOICE FROM UPS OSl19l2O1O I 298.28 008536
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001258 HENNESSYGIBSON HOGAN
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MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512012010
0512012010 3:02PM
OOO427 HYDRO ONE NETWORKS INC
Cheque Amount - 3,368.72
Page 1
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 89 of 118
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512012010
0512012010 3:02PM
May0646o - 08880 UTlLlTlEs - sTRiqF LIBRARY ost11t2o1o I 197.s4 oo8s3g
Mavl26@ - ô2007 urlltrtEs - MED BLDG ost11t2o1o I zi.3g oo8s3g
Mav15773 - 68016 urlLlrlEs - PUMP#S ost11t2o1o I 388.71 oo853s
Mav25260 - 09578 urlLlrlEs - oFFtcE ost11l2o1o I 41o.is oogs38
Mav68860 - 08015 urlLlrlEs - srRAF F|RE ost't1l2o1o I 239.17 oo8s3s
Mav86590 - 87008 urlLlrlEs - PUMP#2 ost11t2o1o I 296.2a oo8s38
Mav87ô40 - 15034 urlLllEs - s.c.c. ost11t2o1o _ l 1,900.27 ooB53B
Cheque Amount - 2,833.45
000506 KIM HUSTED SURVEYING LTD
Job 1G8965 suRVEy - OHESTNUT sr ost12t2o1o I 1,7s6.2s oo8s3g
Cheque Amount - 1,756.25
OOO513 KOOLEN ELECTRIC
15696 LIGHTS 05112t2010 I 63.76 008t40
ChequeAmount- 63.26
OOO552 LONDON DISTRICT CATHOLIC
o17 oMtrs & MTNUTES - 2oO9 o5t17t2o1o I 506.93 008541
ChequeAmount- 506.93
001433 MICROCAD COMPUTER CORPORATION
1000008396 APC BACKUPS 0511212010 I 793.38 008s42
ChequeAmount- 293.3e
001679 MII(AEL DEVOST
remiburse credit cREDtT oN WATERAccr oslosl2olo I 2oo.oo oo8g3
ChequeAmount- 200.00
000623 MUNICIPALITY OF BAYHAM
petty cash - edison MUSEUM FLOAT
petty cash - marine MUSEUM FLOAT
Cheque Amount - 100.00
001680 OCEANID WATER RESCUE CRAFT
11259 |NFI-ATABLE RESCUE CRAFT o5to7r201o r 4,161.09 008545
Cheque Amount - 4,161.09
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4640942 VIENNA WATER RENEWAL PROGT o5to4t2o10 I 103,998.86 008546
Cheque Amount - 103,998.86
000658 oMERS
04100 Apr'10 APRIL'10 REMTT
000670 ONTARIO MUSEUM ASSOCIATION
2010 membership 2010 MEMBERSHTP
04t30t2010 I 11,251.32 008547
Cheque Amount - 11 ,291.32
05t18t2010 I 100.00 008s48
05t18t2010 I 50.00 008544
0511812010 I 50.00 008s44
Page 2
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 90 of 118
000685 PATWATTERS
footwear WORKBOOTS
001677 PETER CORFIELD & ASSOCIATES
fire master plan
2009.11.27 6.3 9050
7712
7776
7805
3569
3570
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512012010
Cheque Amount -
0512012010 I
Cheque Amount -
0410112010
04t21t2010
04130120'to
I
I
I
0511112010 I
Cheque Amount -
0511412010 I
Cheque Amount -
o4t30t2010
04t30t2010
Cheque Amount -
0s/05/20r0
0510512010
05105t2010
0510512010
I
I
I
I
05120120't0 3:02PM
008s49
100.00
200.00
200.00
'10,845.00 008550
OOO7O4 PETERSPLUMBING
877 REPATR TOTLETS - S.C.C.
OOO71O PORT BURWELL HOME HARDWARE
FEE FOR FIRE MASTER PI.AN O5I1OI2O1O I
Cheque Amount -
05110t2010 I
Cheque Amount -
10,845.00
68.25 008551
008552
008552
008552
008553
008557
008557
SNAP ON KNIFE
BATTERIES
OIL, RAKES
BRIDGE WASHING
BRIDGE WASHING
68.25
4.51
53.16
28.81
æ0727 PUROI-ATOR COURIER LTD
408486890
OOO737 RAMONA PEIDL
237379
237380
237381
000660 RELIANCE HOME COMFORT
006631 0304721 01 SMay UNIT RENTAL
OO12O5 SHRED-IT
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Cheque Amount -
COURIER SERVICE 0510712010 I
Cheque Amount -
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v.c.c. CLEANING - APRTL 2010 04t30t2010
s.c.c. CLEAN|NG - ApRrL 2010 0ø,t30t2010
Cheque Amount -
86.48
54.66
54.66
940.00 008554
559.00 00859
950.00 008554
2,449.0O
28.88 008555
28.88
78.75 008556
78.75
6,375.60
4,250.40
001418 TELUS
016242498020t234901 4 MOB| LE H tGH SPEED
016242498020/6366069 CELL PHONE - B KNTFTON
016242498020t67 807 58 MOBTLE HtcH SPEED
o16242498020t6781743 MOBf LE HtcH SpEED
10,626.00
41.76 008558
27.U 008558
41.76 008558
41.76 008558
Page
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 91 of 118
2009.11.27 6.3 9050 MUNICIPALIry OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - O5l20f2O1O
Cheque Amount -
OOO879 THAMES VALLEY DISTRICT SCHOOL
o't7 BALq¡{CE OF 2OO9 ADJUSTMENTS O5I17I2O1O I
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mtg#123303{REIMBURSE TAX PAYMENT
OO1OO2 TILLSONBURG FIRE & SAFETY EOUIPMENT
13931
OOO935 UNION GAS LIMITED
Ma{27I210619C9754
May273-21062434725
RECHARGE EXTINGUISHER
000986 WORKPLACE SAFETY & INSUR,ANCE
Cheque Amount-
04t30t2010 I1625314 Apr'l0 APRIL 2O1O REMIT
Cheque Amount -
Cheque Run Total -
0512012010 3:02PM
't52.92
1,754.62
Cheque Amount -
05t1712010 I
1,75r'.62
518.00 008560
Cheque Amount -
05/0612010 I
s18.00
28.20 @8561
008563
UTILITIES. E.C.C.
UTILITIES - PUMP#1
28.20
135.50 008562
19.95 008562
155.45
r,798.99
1,798.99
189,703.46
Page
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 92 of 118
2009.11.27 6.3 9050
000623 MUNICIPALITY OF BAYHAÀI
May'10 petty cash PETTY CASH
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - OSl2Ol20'lO
05t20t20't0 I
Cheque Amount -
Cheque Run Total -
180.86
't80.86
Page
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 93 of 118
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM 0512012010 3:58PM
Accounts Payable
Royal Bank
Cheque Register - O5l20l2O1O
OOf599 STEVEADAMS
road scfrool ROAD SCHOOL EXPENSES OS|2OI2O10 I 660.00 008565
ChequeAmount- 660.00
Cheque Run Total - 660.00
Page 1
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 94 of 118
2009.1'1.27 6.3 9050
209833
210490
SUPPLIES
SUPPLIES
001060 1025276 oNTAR|O tNC
53832 KEYS o5t07t2010 I 50.85 008566
ChequeAmount- 50.85
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J061241 CRUSHED STONE 04t30t2010 I 1,110.56 008567
Cheque Amount - 1,110.56
001229 AYLMER & AREA CHAMBER
956 ANNUAL MEMBERSHTP 05t11t2010 I 175.38 008568
Cheque Amount - 175.38
OOOO75 AYLMEREXPRESS
0000153638 MUSEUM BROCHURES 05t13t2010 I ',1,681.44 008569
Cheque Amount - 1,æ1.44
0O127'I BRENDA GIBBONS
F2O10421 REIMBURSEMENT. EXAM FEES O5I25I2O1O I 89.25 OO857O
Cheque Amount - 89.25
OOO175 CEDAR SIGNS
18278 SIGNS 0511812010 I 95.65 008571
Gheque Amount - 95.65
001682 CHUCK DAV|S
625 WALLPAPER, CE|L|NG pApER 05t15t2010 I 2,166.70 008572
Cheque Amount - 2,166.70
OOO212 COUNTY OF ELGIN
tN000022838 POLTCE SERVTCES MAY2010 05t13t2010 I 59,570.46 008573
tN000022838' 2009 POLTCE SERVTCES REBATE 05t13t2010 C -17,798.71 008573
Cheque Amount - 41 ,771.75
OOO25O DEL-BAC SALES LIMITED
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512712010
0512712010 11:29AM
04t27t2010 I 446.36 008574
0511912010 I 135.51 008574
Cheque Arnount - 581.87
OOO348 FRAMPTON MAILING SYSTEMS
27119 tNK JET CARTRTDGE 05t14t2010 I 277.98 008575
Cheque Amount - 277.98
OOO357 G& K SERVICES CANADA INC
1518552602 FLOOR MATS, SHOP TOWELS 05t13t2010 I 178.94 008576
Cheque Amount - 178.94
OOO991 HORVATHAUTOPARTS
200459 DRTLLBTTS 05t13t2010 I 36.11 008577
Page 'l
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 95 of 118
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512712010
Cheque Amount - 36.11
OOO427 HYDRO ONE NETWORKS INC
May2539O - 07266 UTILITIES - VIENNA STL 0511812010 I 563.79 008578
May25390 - 55002 UTILITIES - PB STL HvU/ 19 05118120't0 I 1,661.54 008578
May50221- 05009 UTILITIES - TREATMENT PIANT 0511912010 I 5,032.24 008578
May53993 - 93004 UTILITIES - PUMPá¿4 0511212010 I 50.88 008578
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May73394 - 81003 UTILITIES - PUMP#3 OS|I2|2O1O I 66.11 008578
May81590 -07297 UTILITIES-EDEN STL OSl18l2O1O I 557.13 008578
May8779O 47295 UTILITIES - CORINTH STL OSl18l2O1O I 233.98 008578
Cheque Amount - 9,397.81
ooo217 |B|GROUP
227674 CONSULTING FEES 04'12312010 I 2,728.58 008579
Cheque Amount - 2,728.58
000508 KIRWN & OATMAT¡ EXCAVATING LTD
FLOAT EXCAVATOR 03t17t2010 I 924.00 008580
Cheque Amount - 924.00
OOO5IO KLASSEN AUTO PARTS
l-55701 PLUG KtT 05t14t2010 I 20.93 008581
Cheque Amount - 20.93
OOO517 KROWN RUSTCONTROL
5783 POVVERKLEENSOAP 05114t2010 I 66.67 008582
ChequeAmount- 66.67
000560 LOVERS ATWORK OFFICE FURNITURE
124164 DESKEXTENSTON-TABLE 0511112010 I 305.09 008583
124174 UPR|GHT SHELVTNG UN|T 05111t2010 I 266.30 008583
Cheque Amount -571.39
OOO572 MANULIFE FINANCIAL
100683576 JUNE'10 REMTT
100683665 JUNE'10 REMTT
OOO573 MARC'S GAS BAR & VARIETY
BEER CUPS 04t1712010 I 8.79 008585
Cheque Amount -8.79
000633 NATURAL RESOURCE GAS LIMITED
MayE12378-01 UTILITIES - FIREHALL
MayE14212-01 UTILITIES - MED BLDG
0512712010 l1:294M
7541
26
0511412010 I 4,974.50 008584
0511412010 I 4,108.94 008584
Cheque Amount - 9,083.¿14
05119t2010 I 237.21 008586
05t19t2010 I 77.98 008586
Page 2
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 96 of 118
2009.11.27 6.3 9050 MUNICIPALITY OF BAYHAM 0512112010 11:294M
Accounts Payable
Royal Bank
Cheque Register- 0512712010
MayE223804'l UTILITIES - PUMP#S
MayE242o041 UTILITIES - S.C.C.
MayE4540741 UTILITIES - OFFICE
MayE454090l UTILITIES - PUMP#2
MayE45410{1 UTILITIES - LIBRARY
MayE5160G01 UTILITIES - GARAGE
05t19t2010 I 14.37 008586
05t19t2010 I 17s.5s 008586
0511912010 I 107.64 008586
05119120't0 I 13.59 008586
0511912010 I 13.45 008586
0s/19/2010 I 174.08 008586
ChequeAmount- 738.05
APRIL 2010 K-9 CONTROL 0ø't30t20'to I 't,102.50 008591
Cheque Amount- 813.87
000657 OMEGACONTRACTORS
4570945 PORT BURWELL WATER RENEWA 05t10t2010 I 37,205.65 008587
Cheque Amount- 37,205.65
OOOTIO PORT BURWELL HOME HARDWARE
7913 PHONE 05t21t20'to I 33.90 008s88
Cheque Amount - 33.90
OOO727 PUROLATOR COURIER LTD
408560145 COURTER SERVTCE 05t14t2010 I 23.15 008589
Cheque Amount - 23.15
OOO743 RBCROYALBANK
4516 0500009541l9MayAMCTO -BILL 168 O5lO4l2O10 I 231.00 008590
May45l6 0500009541194MCTO RECERTIFICATION Ø.12312010 I '157.50 008590
May45160500 00954119WASTEWATER CONFERENCE O4l28l2O1O I 236.25 008590
May451605000095 4119OGRA - ACCOMMODATION OSlO3l2OlO I 113.30 008590
OOO77O RODGER MARTIN
#4',10
ChequeAmount- 1,102.50
OOO829 SPECTRUM COMMUNÍCATIONS LTD
0000603279 HOLTDAY FEE - GOOD FRTDAY 05t15t2010 I 10.50 008592
0000603524 ANSWERING SERVICE 05t15t2010 I U.70 008592
Cheque Amount - 95.20
OOO947 VANDENBRINK FARM EQUIPMENT INC
P1573'14 GREASE 05t12t2010 I 41.70 008593
Cheque Amount - 41.70
Cheque Run Total - 111,072.11
Page 3
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 97 of 118
2009.11.27 6.3 9050 MUNICIPALITYOF BAYHAM 0512712010 4:08PM
General Ledger
Posting Summary Trace: 012049 Report Date:0512712010
Accounts Payable Voided Gheque
Fiscal Year: 2010
Posted By: SANDRA
Posting Pd.: 5 Postins Date: 0512712010
01410G1030 Generalbank
0l{100-1950 Accounts PayableTrade
CDIST cheque mísplaced - stop pymnt
CDIST cf¡eque miçlaced - stop pymnt
llff,@iq:8402:'
STE\ÆADAMS
Void Cþ:8402
STEVEADAMS
Total Debits
Total Credits
Net Posting
660.00
s60.00
0.00
Page
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 98 of 118
2009.1',t.27 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Posting Summary Trace: 012050 Report Date:0512712010
OSl27l2O1O 4:08PM
Accounts Payable Voided lnvoice
Fiscal Year: 2010
PostedBy: SANDRA
Posting Pd.: 5 Posting Date: 0512712010
01{100-1950 Accounb Payable Trade
01-251G5340 Conferences&Semínars
PURCH TOTAL VOIDED PAYABLES
PURCH cfteque miçlaced -stop pymnt
Void lnr¿ T.J. Mahon
STEVEADAMS
Void lnr¿ T.J. Mahon
STEVEADAMS
Total Debits
Total Credits
Net Posting
Cheque Register being Cheque #8526 to Cheque #8593 inclusive,
except Cheques #8402 totaling $300,956.43 and Payroll
Page 99 of 118
SORI{ IIUNICIPALTTY OF BAYHAII
TOT PACKETS - 2
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORT
COHPANY TOTALS
ADJ USf - CR CURRENT TOTAL
lo,965.22
2 ,245.59
5,506.98
L,L74.9A
19 ,932.77
36,366.63
36,366.63
86,299 .40
II4.1I
5.7L
56,4t9.22
SERVICE CI{ARGES
RUN: llAY t8 2010 N0: A
PAGE: I029
GST REG: 100057415 RTO004
COHPANY PAGE: 5
DEBIT DATE: llAY 19,20I0
DATE 0F PAY: l,lAY 2I, 2010
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPIP
CAN PEN
QC PEN
QC HSF
ON EHT
I.IB HET
NL I{APSET
TOT STATS
CHEQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
CURRENT
8,467 .8s
r ,891 .9r
4,553.94
9A3.9?
!5,897.60
36 ,366 .63
36,366.63
52,264.23
II4.II
5.7L
52,384.06
ADJ UST. DR
2,497 .39
593.68
953.04
I9I.06
4,035.t7
4,055.I7
4r035.I7
YTD ADJUST
CHARGE ITE]I
L7.49 PAYROLL RUNS
12.00
YTD TOTAL
86,56T.55 FEDL TAX
NR TAX
PROV TAX
IA,3?7 .46 EI CoNT
QPIP44,462.LA CAN PEN
QC PEN
QC HSF
9 ,593.24 0N EHT
I'IB HET
NL HAPSET
L58,944.43 TOT STATS
CHEQUES
337 ,699.95 DEPOSITS
US DEPS
50. OO DED DEPS
337 ,749.95 T0T NPAY
RRSP
RTI
496.694.s8 T0T PAYRoL
L,465.44 SERV CHRG
73.2A cST
PST
498,255.10 GRAND T0T
ITEH UNITS
SALARIED T{ORKPAYS 20
PAY ADVICE FOLD 5I
TOTAL S,/C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS
CHARGE
51. E0
6.82
ANALYSIS OF
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HOURLY WORKPAYS
COURIER FEE
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: February 24,2010
FROM: Kyle Kruger, Administrator FILE: H
SUBJECT: Violence in the Worþlace Policy NUMBER: H2010-05
Purpose
To establish a Violence in the Worþlace Policy for the Municipality of Bayham pursuant to Bill
1 68.
Background
The Province of Ontario has amended the Occupational Health and Safety Act with the passage
of Bill 168, which comes into force June 15, 2010. The amendments impose significant
obligations on virtually all Ontario Employers with respect to workplace violence, domestic
violence, and worþlace harassment.
Employers are required to develop a framework that will include policies and programs to help
prevent worþlace violence and harassment, provide protection to employees from domestic
abuse in the worþlace, and allow employees to remove themselves from harmful situations.
Staff Comments
The primary purpose of the Occupational Health and Safety Act is to protect workers from
hazards in the workplace, including hazards involving worþlace violence. All employers have a
general duty under the OHSA to take every reasonable precaution in a given situation to protect
their workers.
The definitions of worþlace violence and harassment are broad enough to capture violence or
harassment directed toward a worker at a worþlace from any person, including customers,
clients, co-workers, friends, current or former family members, and strangers.
The amendments include:
. New definitions of worþlace violence and worþlace harassment
. A requirement for employers to prepare policies on worþlace violence and harassment and
develop and maintain programs to implement them
. A requirement for employers to assess the risks of worþlace violence based on the nature
and of the worþlace and type or conditions of work, and develop measures and procedures to
control them
. A right for workers to refuse work if they believe they arc at risk of physical injuy due to
possible worþlace violence
. A requirement for employers who are aware of the potential for domestic violence in a
worþlace to take reasonable precautions to protect the workers who are at risk of physical
injury
. A requirement for employers and supervisors to alert certain workers of the risk of worþlace
violence from persons with a history of violent behaviour. Employers and supervisors must
provide workers who may encounter such persons at work with as much information,
including personal information, as needed to protect workers from physical injury
. A requirement for the worþlace's Joint Health and Safety Committee and others to be
notified if a worker is disabled or needs medical attention due to worþlace violence.
Staff Report H2010-05 regarding Violence in the Workplace
Policy. File: A09
Page 101 of 118
Health and Safety inspectors from the Ministry of Labour will enforce the new worþlace
violence and harassment provisions of the OHSA. The amendments do not affect the work of
police, who will continue to deal with violent individuals and matters under the Criminal Code.
V/orþlace assessments and training will form part of the ongoing programs pursuant to the
legislation.
Attachments
1. Proposed Violence in the Worþlace Policy and Program
Strategic Plan Goal(s):
Goal#4 - Be dedicated to service excellence
Recommendation
That the Violence in the Worþlace Policy as presented in Report H2010-05 be adopted by
Council.
Staff Report H2010-05 regarding Violence in the Workplace
Policy. File: A09
Page 102 of 118
Municipality of Bayham
Violence in the Workplace Policy and Program
Effective Date - June 3,2010
Scope
This policy applies to all Municipal employees (including but not limited to full-time, part-time,
students, volunteers, contractors, consultants) and elected officials. This policy applies to all
employees and agents/representatives of The Municipality of Bayham while in the worþlace,
during Municipal travel, or during any work-related and/or social functions. The workplace
includes all on-site locations, buildings and facilities, including parking areas, all Municipality
property, and off-site locations where employees engage in Municipality-related activities rising
out of the course of his or her employment.
Purpose
. to maintain a working environment that is free from worþlace violence;
. to alert all employees that the Municipality will not tolerate worþlace violence;
. to reduce the potential for worþlace violence before an incident occurs; and
. to establish a mechanism for receiving such complaints, as well as a process for dealing with
them.
Definition
Tlte Occupational Health and Safety Act defines worþlace violence as:
. The exercise of physical force by a person against a worker, in a worþlace, that causes or could
cause physical injury to the worker;. An attempt to exercise physical force against a worker, in a worþlace, that could cause
physical injury to the worker;
. A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise
physical force against the worker, in a worþlace, that could cause physical inju.y to the
worker.
Forms of Workplace Violence
1) Violence by Strangers
. Usually enters the place of work on the pretense of being a customer.
. Normally commits robbery or other violent act.
2) Violence by Customers/Clients
. May be an expected or unexpected situation.
3) Violence by Co-workers
. Could include; current employee and manager, former employee and manager, a
prospective employee, and may occur inside or outside the worþlace.
4) Violence by Personal Relations
. This includes spouse, partner, relative, or friend and usually occurs when a personal
dispute occurs with the worker and enters the worþlace to harass, threaten, injure, or
kill the employee.
Staff Report H2010-05 regarding Violence in the Workplace
Policy. File: A09
Page 103 of 118
Any employee experiencing violence outside of the worþlace (ie. domestic violence) that may
create a risk of danger to themselves or others in the worþlace is encouraged to report such
violence so that the Municipality can take reasonable preventive steps.
Behaviours Constituting Workplace Violence
Such threats or acts include, but are not limited to:
. Harming or threatening to harm any employee or guest;
. Damaging or threatening to damage property or the property of any employee or guest;
. Possessing a dangerous weapon or incendiary device on properfy without prior authorizatíon;
. Engaging in stalking behaviour of any employee.
Responsibilities of Managers and Supervisors
. Assess risks of violence at The Municipality of Bayham;
. Promote a non-violence worþlace;. Provide employees with information and instruction regarding the worþlace policy and
program with respect to worþlace violence including appropriate steps to be taken and
investigation procedures;
. Take every reasonable precaution for the protection of the worker;
. Inform employees of potential risk situations;
. Ensure employees understand who to contact regarding concems about the policy or when to
report an incident;
. Model behaviour, which helps support a positive work environment;
. Ensure the worþlace is free from violence;
. Respond to complaints brought to their attention.
. Respect the confidentiality and sensitivity of such issues;
. Document all information and investigation results;
. Request that Administration conduct an investigation into allegations of violent situations;
. If witnessing elements of a poisoned work environment, take action.
Responsibilities of Employees
. Compliance with this policy is the responsibility of all employees;
. Employees must avoid any behaviour or conduct that could reasonably be interpreted as a
violation of this policy;
. Employees must maintain a work environment free from violence, and/or intimidation;
. Call 911 if the situation warrants it and you find a peer or yourself in immediate danger.
Process for Making Violence-Related Complaints
If employees have witnessed or experienced conduct which they believe to be inconsistent with
this policy, they have a responsibility to:
. Call 911 if the situation warrants it and you find a peer or yourself in immediate danger.
. Make the behaviour/actions known to your department Manager and/or Administrator
immediately.. A written record of the action/behaviour should be provided to the department Manager
and/or the Administrator including the dates, times, nature of the action/behaviour, and
witnesses (if any).
Nothing in this policy prevents an individual's right to file a complaint with the Ministry of
Labour should they feel the situation warrants such action.
Staff Report H2010-05 regarding Violence in the Workplace
Policy. File: A09
Page 104 of 118
Removal of a Person from the Workplace
Any person who makes substantial threats, exhibits threatening behaviour, or engages in violent
acts against employees, visitors, guests, or other individuals while on Municipality of Bayham
property shall be removed from the premises as quickly as safety permits, and shall remain off
the premises pending the outcome of an investigation.
Employees are not to remove individuals from the premises. Assistance must be requested from
the Police.
Investigation Process
. All reported threats or incidents will be considered serious and will be investigated promptly
with appropriate action by the appropriate Supervisor and/or Administrator.
. An Incident Report should be filled out and submitted to the Manager and Administrator for
review.
. All those directly involved and witnesses will be spoken with.
. Notes/statements will be prepared during each interview, reviewed by the person(s) being
interviewed and signed for accuracy.
. Records or other documents relevant to the incident being investigated (this may include
safety reports, incident reports, work schedules, injury reports, complaints and observation
notes and may involve taking pictures of the scene) will be reviewed and kept by the
Administrator.
. A review of relevant collective agreement, employment contract language or organizational
policies/procedures will be prepared by the Administrator.
. A final summary/report of the investigation will be kept by the Administrator.
Corrective Action
Any employee found to have engaged in conduct that violates this policy will be subject to
discipline, up to and including termination of employment. Because allegations of acts of
violence are very serious, frivolous complaints found to have been made for improper purposes
will result in disciplinary action being taken against the complainant.
Confïdentiality
Employees should feel secure in knowing that their concerns will be handled discreetly and
sensitively to the extent practicable and appropriate under the circumstances.
As such, employee issues will usually remain between the employee, his or her Manager, and
Administrator. On occasion, however, an investigation may require consulting with another
employee, Supervisor, or Manager, in order to ensure an appropriate resolution. In such cases, the
employee will be consulted prior to involving others.
Reprisals
This policy strictly prohibits reprisals against an employee because he or she has brought forward
a concern or has provided information regarding a concern under this policy. Any employee who
commits or threatens reprisal against another employee for following this, or any Municipal
policy in good faith, may be subject to discipline, up to and including dismissal for cause.
Staff Report H2010-05 regarding Violence in the Workplace
Policy. File: A09
Page 105 of 118
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Water/Wastewater Superintendent
SUBJECT: Pickup truck tender results
DATE: May27,2010
FILE: EOl
NUMBERz 82010-07
Purpose
This report is to bring forward information related to pickup truck tender results.
Background
The Municipality has recently completed a truck tendering process for a new 4x4 regular cab, long
box pickup truck for the water and wastewater department. The approved budget amount for the
vehicle was $34,000.
Staff Comments
Staff received three tenders for the said vehicle. The results are as follows;
2. DeGroote-Hill GMC --- 2010 GMC 4x4 :527,313.23 ( taxes included )
1998 Chevrclet 4x4 trade-in :$500.00
3. Blue Star Ford --- 2010 Ford 4x4: $26,781.00 ( taxes included )
1998 Chevrolet 4x4 trade-in :$500.00
4. Cain's Auto Sales & Service --- 2011 Dodge 4x4: $26,845.77 ( taxes included )
1 998 Chevrolet 4x4 trade-in :$575.00
A 2010 Dodge 4x4 is not available to meet the Bayham specifications. Staff recommends
ordering the 2011 from Cain's Auto Sales and Service and applies the $575.00 trade-in to the
total price. This truck will be delivered the first week of August.
Stratesic Plan Goal
Goal #1- Practice responsible financial management.
Recommendation
That Staff Report 2010-??? be received for information and that staff be directed to purchase a20ll
Dodge 4x4 pickup truck as tendered from Cain's Auto Sales and Service for a total of $26,845.77
andtrade-inof $575.00 fora 1998 Chevrolet4x4 (Bayhamtruck#15-98 ).
Respectfully submitted,
Ed Roloson
Water/Wastewater Superintendent
Staff Report E2010-07 regarding Pickup truck tender results. File:
F18
Page 106 of 118
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Water/Wastewater Superintendent
SUBJECT: Septage Disposal Fees
DATE: May 26,2010
FILE: E01
NUMBER: E2010-08
Purpose
This report is to bring forward information related to septage disposal fees.
Background
The Municipality has recently completed testing and commissioning of their septage receiving
station located at the wastewater treatment plant. This facility will provide septage haulers a local
safe disposal site that is intended to serve Bayham residents only.
Staff Comments
The estimated volume of septage to be received at this facility is 1,830m3lyear. The estimated
operations and maintenance of this process includes hydro, treatment and lab testing chemicals,
equipment and building maintenance, screenings disposal, and operator wages. Staff has contacted
the neighboring municipalities with a similar operation and has found varying disposal fees. The
City of London charges $37.401m3 ( $170.00/1000ga1 ) and Norfolk County charges $14.371m3
($65.3211000ga1 ) for Norfolk residents only. Staff recommends a rate of $13.50/m3
( $61.3611000ga1 ) and suggest that the operating expenses be reviewed over a six-month period and
adjusted at that time if necessary.
Attachments
1. Draft By-Law No. 2010-056, to amend By-lawNo. 26-102 Imposing Rates and Fees
Strateeic Plan Goal
Goal #1- Practice responsible financial management.
Goal#2 - Ensure reliable, well-maintained and secure infrastructure.
Goal #4 - Be dedicated to service excellence.
Goal#7 - Promote excellence in environmental stewardship.
Recommendation
That Staff Report 2010-08 be received for information and that Draft By-Law No. 2010-056, to
amend By-law No. 2005-102 Imposing Rates and Fees to include septage disposal fees, be presented
to Council for enactment.
Respectfully submitted,
Ed Roloson
Water/Wastewater Superintendent
Staff Report E2010-08 regarding Septage Disposal Fees. File:
E01
Page 107 of 118
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2010-056
BEING A BY.LA\il TO AMEND BY.LA\il 2OOS.IO2IMPOSING
RATES AND FEES
WHEREAS the Municipal Act S.O. 2001, Chap. M.25 as amended provides that the Council
of a local Municipality may by byJaw, impose specific rates and fees to be charged for
municipal services.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by By-
law 2005-102 adopt a schedule of rates and fees for municipal services;
AND WHEREAS the Council of the Municipality of Bayham now deems it expedient to
further amend By-law 2005-102 to include fees for its septage receiving facility;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary to further amend the schedule of rates and fees for such services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the following fees be added to Schedule"A" of By-Law 2005-102:
Septage Receiving Facility - Disposal Fee $13.50 per cubic metre
2. AND THAT in all other respects By-law 2005-102, as amended, be hereby confirmed.
READ FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED this 3'd day of
June,2010.
MAYOR CLERK
Staff Report E2010-08 regarding Septage Disposal Fees. File:
E01
Page 108 of 118
TIIE CORPORATION OF TIIE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2010453
A By-law to amend By-Law No. 2ü)7-023 as amended, being a by-law to
regulate building construction, demolition, change of use perrnits, septic
systems, sewer connection permits and inspections.
\ryIIEREAS Section 7 of the Building Code Act, 1992 empowers municipal Councils to pass by-
laws respecting construction, demolition and change of use permits and inspections.
AND WIIEREAS the Council of the Municipality of Bayham passed By-law No. 2007-023,
being a byJaw to regulate building construction, demolition, change of use permits, septic
systems, sewer connection permits and inspections April 5,2W .
AND WIIEREAS the Council of the Municipality of Bayham deems it necessary and expedient
to further amend By-law No. 2007-023.
TTIEREF'ORE TTIE COT]NCIL OF THE CORPORATION OF'THE MT]NICIPALITY OF
BAYIIAM ENACTS AS F'OLLOWS.
1. That Section 6 of By-Law No. 2æ7-023, as amended, be and the same is hereby
repealed, and replaced with the following:
6. FEES
6.1 Fees for a required permit shall be set out in Schedule "4" to this by-law and
are due and payable upon submission of an application for a permit.
6.1.1 Fees payable in respect of an application for a change of use permit
under Subsection 10(1) of the Act are based on a flat rate of
$75.00 as set out in Schedule "4".
6.I.2 Occupancy Permits - shall be issued at the discretion of the Chief
Building Offrcial.
6.2 Where the fees are based on the cost or valuation of the proposed work
regulated by the permit, including the cost of all material, labour,
equipment, overhead and professional and related services.
By-Law 2010-053 A By-Law to further amend By-Law 2007-
023 to regulate building construction, demolition, change of use
Page 109 of 118
By-Law 2010-053
6.3 The Chief Building Offrcial may place valuation on the cost of the work and
the applicant shall pay the prescribed fee before the issuance of the permit.
6.4 The permit fee may be recovered if the project is abandoned with a refund as
set out in Schedule'B"
6.5 A refundable security deposit in the amount of $1500.00 shall be paid to the
Municipality of Bayham at the time of building permit application. The
deposit is to assure total completion of work required under the permit taken.
The deposit will be held without interest until final inspection; the permit is
closed and then will be returned in full. The security deposit will be
required for building permits to construction of all dwelling units, all
engineered buildings and to any building with an estimated construction
value of $100,000 or more.
2. This By-Law shall come into force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AI\D F.INALLY PASSED THIS 3Td DAY
OF JT.JIYE 2OIO.
MAYOR CLERK
-2-
By-Law 2010-053 A By-Law to further amend By-Law 2007-
023 to regulate building construction, demolition, change of use
Page 110 of 118
THE CORPORATION OF THE
MT]NICIPALITY OF BAYIIAM
BY-LAW NO. 2010-054
A BY-LAW TO AUTIIORIZE THE EXECUTION OF AN
EASEMENT AGREEMENT BET\ilEEN GEORGE
STANLEY MOORE (ESTATE OÐ, THE CORPORATTON
OF THE MUNICIPALITY OF BAYIIAM AND THE
CORPORATION OF THE TOWN OF TILLSONBURG
\ilHEREAS Section I I of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass byJaws respecting public utilities, including sanitary sewage
collection and water servicing.
AND WIIEREAS Section 8 of the Municþal Act,200l, S.O. 2001, c.25 as amended provides that
a municipalrty has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act.
AND \ilIIEREAS George Stanley Moore (Estate of) is the owner of lands located in Part Lot23
Concession 8, Harnlet of Eden, Municipality of Bayham and for development purposes requires a
formal easement across former rail lands now owned by the Corporations for municipal services
and access.
AND WHEREAS the Corporation of the Municlpahty of Bayham and the Corporation of the
Town of Tillsonburg acknowledge the unregistered easement across the former railway line that
existed under the Railway Act and so deem it necessary and expedient to execute a formal easement
agreement with George Stanley Moore (Estate of¡ to permit the installation and maintenance of a
private sanitary sewer connection, private water service and driveway access.
NOW THEREFORE TIIE COI]NCIL OF THE CORPORATION OF TIIE
MT]NICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Easement Agreement with George Stanley Moore (Estate of) affixed hereto and forming
part of this By-law as Schedule "A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3.d DAY
oF JUNE 2010.
MAYOR CLERK
By-Law 2010-054 A By-Law to authorize the execution of an
easement agreement (Moore)
Page 111 of 118
Page I
THIS EASEMENT AGREEMENT made in triplicate this 3'd day of June 2010.
BETWEEN:
GEORGE STANLEY MOORE (ESTATE OÐ,
Hereinafter referred to as the "Transferee"
OF THE FIRST PART
-and-
THE CORPORATION OF TIIE MT]NICIPALITY OF BAYIIAM,
AND
THE CORPORATION OF THE TO\ilN OF TILLSONBURG
as represented by its Servants, Agents, Contractors and Consultants
Hereinafter referred to as the "Transferor"
OF THE SECOND PART
WIIEREAS:
1. The Municipality of Bayham and the Town of Tillsonburg, being joint owners, deem it
necessary and expedient to enter into an easement agreement with the Transferee to
permit the installation and maintenance of a private sanitary sewer connection to an
approved Municipal sewer outlet, a private water service connection to an approved
Municipal water main and driveway access over land jointly owned by the Corporations
that is not a street.
NOW THEREFORE THIS INDENTURE WITNESSETII that in consideration of the sum of
one dollar ($ t.OO¡ of lawful money of Canada now paid by the Transferee to the Transferor, the
Transferor hereby grants and conveys unto the Transferee, its successors and assigns, the
following rights and easements in perpetuity:
1. the free, unintemrpted and undisturbed right and easement to enter upon and construct,
install, operate, maintain, inspect, repair, alter, replace and remove a private sanitary
sewer connection, private water connection and drive-way access in, upon, along, and
across the lands described as . (Part ? of Registered PlanJ
hereinafter called the "Servient Lands".
2. for the servants, agents, contractors, and workmen of and other persons duly authorized
by the Transferee at all times (subject as may hereinafter be provided) and from time to
time to pass and repass with all machinery material, vehicles, and equipment as may be
necessary along the Servient lands for all purposes necessary or incidental to the exercise
of and for the enjoyment of the rights and easements herein granted.
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The aforesaid rights and easements are hereby granted on the following terms and conditions,
which are hereby covented and agreed to by and between the Transferor and the Transferee:
3. upon completion of the construction of the aforesaid works and of any installation,
replacement, maintenance, inspection, repair, alteration or removal thereof, the Transferee
shall forthwith fill in all excavations in and/or on the Servient lands and as far as
practicable restore the surface thereof to the same condition as that in which it was found
prior to the commencement of the work to the Transferor's satisfaction and shall remove
all equipment and rubbish. Any gates, fences, tile drains or other improvements damaged
by the Transferee shall be restored by the Transferee at its expense as closely as is
reasonably practicable to their prior condition before such damage.
4. the rights, liberties, privileges and easernents herein granted, conveyed and transferred are
declared to be appurtenant to and for the benefit of the property of the Transferee more
particularly described in Schedul e " N' hereto attached.
5. the Transferee shall not undertake any works, change any grades, or install any works on
the Servient Lands without the prior written consent of the Transferor.
6. the Transferee shall be responsible for any damage to the property of the Transferor
caused directly or indirectly by the acts or omissions of the Transferee or any persons
acting under the authority of the Transferee and the Transferee shall indemniff and save
harmless the Transferor from all claims of every nature whatsoever and howsoever
arising out the installations, construction, maintenance, operation, and existence of the
works.
Notwithstanding any rule of law or equity, all works brought on to, laid on or erected
upon, or buried in or under the Servient Lands by the Transferee shall at all time remain
the property of the Transferee notwithstanding that the same maybe annexed or affixed to
the freehold and shall at any time and from time to time be removable in whole or in part
by the Transferee or its successors and assigns, and the Transferee shall retain
responsibility for all maintenance and repair costs.
The rights and easements hereby granted are and shall be of the same force and effect to
all intents and purposes as a covenant running with the lands and this grant, including all
the covenants and conditions herein contained, shall extend to, being binding upon and
enure to the benefit of the heirs, executors, administrators, successors in title and assigns
of the parties hereto respectively, and all covenants herein contained shall be construed to
be several as well as joint, and wherever the singular or masculine is used, it shall be
construed as if the plural or the feminine or the neuter as the case may be, had been used
where the context or the party or parties hereto so require, and the rest of the sentence
shall be construed as if the grammatical and terminological changes thereby rendered
necessary had been made.
The Transferor Covenants with the Transferee that it has the right to convey the said rights and
easements to the Transferee notwithstanding any act of the Transferor.
7.
8.
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And that the Transferee shall have quiet possession of the said rights and easements free from all
encumbrances.
SIGNED, SEALED and DELIVERED this
-
day of
-,2010
In the presence of
Witness George Stanley Moore (Estate of)
Barbara Balthes
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM.
Lynn Acre
Mayor
Lynda Millard
Clerk
THE CORPORATION OF THE TOWN OF
TILLSONBURG
Michael Graves
Director of Corporate Services/Clerk
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Schedule ttAtt
DESCRIPTION OF'LAI\DS
I-egalDescription: Concession 8 Part Lot 23, Hamlet of Eden, Municþality of Bayham,
County of Elgin
Assessment Roll # 34-01 -000-006-24801
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easement agreement (Moore)
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THE CORPORATION OF TIIE
MTJNICIPALITY OF BAYHAM
BY-LÄW NO. 2010-0ss
A BY.LA\il TO AUTHORIZE THE EXECUTION
OF A CONTRACT BET\ilEEN THE MUNICPALITY OF BAYHAM
AND
HER MAJESTY TIIE QUEEN IN RIGIIT OF ONTARIO
AS REPRESENTED BY THE MINISTER OF NATTJRAL RESOURCES
CTHE "MINISTER")
T]NDER SECTION 23 OF O. REG 242108 MADE T]NDER
THE ENDANGERED SPECTES ACT,2007
WIIEREAS Section 23 of O.Reg242l08 made under The Endangered Species Act,2007 ,
permits municipalities that have municipal drains to enter into an exemption agreement for
putposes of constructing, improving, maintaining or repairing Drainage Works with The
Minister of Natural Resources;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an Endangered Species Act exemption agreement with the Minister of Natural
Resources for such municipal drainage works;
THEREFORE THE COUNCIL OF TIIE CORPORATION OF THE MT]NICIPALITY
OF BAYIIÄM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
contract attached hereto as Schedule "A" and formingpart of this byJaw between the
Municþality of Bayham and The Minister of Natural Resources (the "Minister"
regarding Section 23 of O.Reg242l08 made under The Endangered Species Act,2007.
2. THAT this byJaw shall come into full force and effect upon final passing.
RE,AD A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 3Ð DAY
oF JUNE 2010.
MAYOR CLERI(
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contract (Endangered Species Act)
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THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW 2010-056
BEING A BY.LAW TO AMEND BY.LAW 2OO5.1O2IMPOSING
RATES AND X'EES
WHEREAS the Municipal Act S.O. 2001, Chap. M.25 as amended provides that the Council
of a local Municipalþ may by byJaw, impose specific rates and fees to be charged for
municipal services.
AI\D WHEREAS the Council of the Corporation of the Municipality of Bayham did by By-
law 2005-102 adopt a schedule of rates and fees for municipal services;
AND WHEREAS the Council of the Municipality of Bayham now deems it expedient to
further amend By-law 2005-102 to include fees for its septage receiving facility;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary to further amend the schedule of rates and fees for such services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS F'OLLO\ilS:
1. THAT the following fees be added to Schedule "4" of By-Law 2005-102:
Septage Receiving Facility - Disposal Fee $13.50 per cubic metre
2. AND THAT in all other respects By-law 2005-102, as amended, be hereby confirmed'
READ FIRST, SECOND, AND THIRD TIME AI\D FINALLY PASSED this 3'd day of
June,2010.
MAYOR CLERK
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102 (Rates and Fees)
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THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2010-057
A BY-LA\il TO CONFIRM ALL ACTIONS OF
THE COI]NCIL OF THE CORPORATION OF
THE MTJNICIPALITY OF BAYHAM FOR THE
REGULAR MEETING HELD JUNE 3,2010
WHEREAS under Section 5 (1) of the Municipal Act,200l S.O. 2001, Chapter 2Í,thepowers
of a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Ac!200l, the powers of Council are to
be exercised by by-law;
AND WHEREAS 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 THE COI]NCIL OF THE CORPORATION OF THE MT]NICIPALITY
OF BAYIIAM ENACTS AS FOLLOWS:
1. THA.T the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recortmendation and each motion and resolution passed and other
action by the Council at the regular meeting held June 3,2010 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this byJaw.
2. THAT the Mayor and Clerk of the Corporation of the Municipality 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 affrxing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 3'd day of June,
20t0.
MAYOR CLERI(
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