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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 1L 3l rJt D' sãß Ëg 006-¿tö-ol 00¿o -Ob1'O? l3-1. 30 P\e. 00¡ 25, até 61 .9I tú }Ole-OfDl'Ol 25,t8 Ng. llß-tlôfo fts lro3 út-oür*frY) 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 ø5lL1l2ØLØ l-Ø:56 51 9-457-529ø DELÍVERY SAFETY CANÀDA rOs1ço¡Pofunoil 3991¡1¡6¡lt{ÇfQN sT LONOONON N6B3F2 PHONE: 5ls¿8ù1165 FÐ(: sllt {39-9646 RETAIL BUSINESS PAGE øL!ø2 (:-.t^. -t.\ FrEm: Elaine Pullen Farc 519S66.38S4 Page€| I pagePluscoversheet Plone: 51$86ê5521 Re: Approtral Eillail ¡elaine.pullen@canadaPost' ca tr urgÊrt EFor Revlew n Pþasê Gomment EPþasc Repty É Please Resr/Gle Gerry- site locaüon diagram brapprcval SitenumberNsH0o26andNSH002TlocetedonChurchStRichmondoN Regards Elaine Pullen Deli'rery Planning Officer Staff Report PW2010-11 regarding Information regarding Canada Post Boxes. File: C13 Page 72 of 118 Nñ c.¡ñ IJ(5{ TL aatdzHa =Íf¡ _lH{t-- Lrlv. c9(n c\lo Irrto T- I(n Flto r¡ l.[} ö ç-{ ñ. t{¡ñN (D.{lto*l I trY\Ë.(- Rt-*-"öï;::; sr- ?^o"'uu t^or o{c¡'*'Æ.*. srHEEr{ y'i sIPrwtr<( ) EoFl trFIECTTONOFFAêE: sE s sw l{ NTf PAVEBS( ) UERBAL., LETTEBEE NA:tl OtffiNÈ_r @* St*-m-çorl ffi* @m-l !-B-t} ìe+ê+ Fffii¡¡ry-EN€E-l r¡brcÍGO Ú P¡lnlrd m¡í(gt sl ¡llo' ,'Q*ot<td9 Lor (6^".,*1 s >¡ 4.I{, \/ rà C H-.R.c-t-{ ET ATNF ÞIILLEN NO: 6'l+2Bfh1l€É tnAt l8-7¡to S t a f f R e p o r t P W 2 0 1 0 - 1 1 r e g a r d i n g I n f o r m a t i o n r e g a r d i n g C a n a d a P o s t B o x e s . F i l e : C 1 3 P a g e 7 3 o f 1 1 8 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 000009il02 PUMPS 0511212010 I 11,288.70 008526 Cheque Amount - 11,288.70 OOOO27 ACCESS FASTENERS & SUPPLY LTD 0000120016 DRILL SET, SAFEWGLASSES 0412A2010 I 413.26 008527 Cheque Amount - 413.26 OOOO93 BATTLEFIELD EQUIPMENT RENTALS 10235239 TAMPER, PI-ATE GAS O5l13l2O1O I 2,145:87 008528 Gheque Amount - 2,145.87 000220 CJDL 5702 ELTZABETH ST SUBDTMSTON 0511112010 I 111.30 008529 Cheque Amount - 111.30 OOO212 COUNTY OF ELGIN o'tT MINUTES & OMIrS - 2009 0511712010 I 15,548.58 008530 Cheque Amount - 15,548.58 000218 cuPE LOCAL35 April'1O remit UNION DUES o4t30t2010 I 401.63 008531 ChequeAmount- 401.63 @1535 FLOWT\IETRIX TECHNICAL SERVICES 1505 WATER QUALTWANALYZERS 0511312010 I 409.34 008532 ChequeAmount- 409.34 001533 G & L BRAIDED ROPES INC. 6570 MANII-A ROPE 05103120'10 I 367.25 008533 Cheque Amount -367.25 000360 GALLERYl32 225332 DIPLOMA o5t12t2010 I 134.47 008534 Cheque Amount - '134.47 000367 GENERALCHEMICAL 90324042 ALUM SULFATE 0510312010 I 565.82 008535 ChequeAmount- 565.82 OO127O GORD ROESCH shipping expense COD INVOICE FROM UPS OSl19l2O1O I 298.28 008536 Cheque Amount - 298.28 001258 HENNESSYGIBSON HOGAN 52691 LEGAL SERVICES 0413012010 I 3,368.72 008537 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 000657 OMEGACONTRACTORS 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 006249009 PURGE FILES 000856 STREIB TRUCKING LTD Cheque Amount - COURIER SERVICE 0510712010 I Cheque Amount - APRIL 2OIO CLEANING 0,/.13012010 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 001681 THE BAI\¡K OF NOVA SCOTIA 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 OOOO23 AAROCAGGREGATES LTD 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 May62396 - 22001 UTILITIES - STRAF STL OSl18l201O I 1,045.46 008578 May62790 - 07266 UTILITIES - RICHMOND STL 0511812010 I 186.68 008578 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 ITEI{ HOURLY WORKPAYS COURIER FEE t14.rr UN ITS 11 I UNITS t CHARGE 46-OO 56,4L9.?? DEBIT INFORTIATION: 003 OSIOZ 1OI19Z3 C h e q u e R e g i s t e r b e i n g C h e q u e # 8 5 2 6 t o C h e q u e # 8 5 9 3 i n c l u s i v e , e x c e p t C h e q u e s # 8 4 0 2 t o t a l i n g $ 3 0 0 , 9 5 6 . 4 3 a n d P a y r o l l P a g e 1 0 0 o f 1 1 8 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. By-Law 2010-054 A By-Law to authorize the execution of an easement agreement (Moore) Page 112 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, 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. By-Law 2010-054 A By-Law to authorize the execution of an easement agreement (Moore) Page 113 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) 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 By-Law 2010-054 A By-Law to authorize the execution of an easement agreement (Moore) Page 114 of 118 Page 4 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 By-Law 2010-054 A By-Law to authorize the execution of an easement agreement (Moore) Page 115 of 118 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( By-Law 2010-055 A By-Law to authorize the execution of a contract (Endangered Species Act) Page 116 of 118 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 By-Law 2010-056 A By-Law to further amend By-Law 2005- 102 (Rates and Fees) Page 117 of 118 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( By-Law 2010-057 A By-Law to confirm all actions of Council Page 118 of 118