HomeMy WebLinkAboutJune 04, 2009 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, June 4, 2009
7:00 p.m.
Page
1.CALL TO ORDER
2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a)Minutes of the regular meeting of council held May 21, 2009.
(b)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. John Regan, General Manager, Elgin Community Futures Development
Corporation regarding name change to Elgin Business Resource Centre
and information regarding services
(b)7:15 p.m. Wanda Hoshal regarding Estherville Cemetery
(c)7:30 p.m. Dan Wilson of Watson Economists regarding Item 9(b) PSAB
Compliance Report
5.INFORMATION ITEMS
(a)Copy of Resolution passed May 19, 2009 by the Corporation of the Town of Smiths
Falls regarding "petition to the Province to increase annual grant of library revenue"
File: C10
(b)Copy of resolution passed April 23, 2009 by the City of Ottawa regarding "Ontario
Municipal Board decision".
File: C10
7-19
21-22
23
Page 1 of 303
Council Agenda June 4, 2009
Page
5.INFORMATION ITEMS
(c)Correspondence dated May 20, 26 and 29, 2009 from Association of Municipalities
of Ontario regarding "Province Passes Green Energy Act", "Invitation - Proposed
Enhancements to the Ontario Dam Safety Program", "Canadian Sport Tourism
Alliance Offers Regional Sport Tourism Workshops", Reminder: Labour Mobility
Survey" and "AMO Comments on Long Term Care Homes Act Proposed
Regulations".
File: A01
(d)Correspondence dated May 15, 2009 from Township of South Stormont regarding
"Request for simultaneous dispatch for Emergency Medical Service (EMS) and Fire
Response".
File: C10
(e)Local Authority Services Ltd. newsletter dated May, 2009 "Energy Newsflash".
File A01
(f)Correspondence dated May 20, 2009 from Municipal Employer Pension Centre of
Ontario regarding "Further Update on OMERS Specified Plan Proposals".
File: H02
(g)Correspondence dated May 20, 2009 from Ministry of Culture regarding "Ontario
Modernizing History Through New Technologies".
File: A16
(h)Correspondence dated May 13, 2009 from Information and Privacy Commissioner /
Ontario regarding "2008 Annual Report of the Information and Privacy Commissioner
of Ontario". (full report available upon request)
(i)Correspondence dated May 11, 2009 from Ministry of Natural Resources regarding
"Invitation for Applications for land securement funding".
File: F11
(j)Correspondence dated May 25, 2009 from Town of Caledon regading "Mayors
Support Free Trade When It's Fair Trade".
File: M0
(k)Copy of resolution passed May 22, 2009 by the Greater Toronto Area Countryside
Mayors' Alliance regarding "Free Trade between the United States and Canada".
File: C10
(l)Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P. Scarborough-
Agincourt regarding "Bill C-319 an Act to amend the Moror Vehicle Safety Act
(speed limiters)".
25-31
33
35-40
41
43
45-46
47
49
51-52
53-58
Page 2 of 303
Council Agenda June 4, 2009
Page
5.INFORMATION ITEMS
File" A16
(m)Press Release dated May 29, 2009 from Steve Peters, M.P.P. Elgin-Middlesex-
London regarding "Funding for better buildings, better learning".
File: M07
(n)Correspondence received May 29, 2009 from Danielle Ethier and Josh Sayers
regarding "Southern Ontario's Population of Badgers".
File: A01
(o)Correspondence dated May 25, 2009 from Bradfield's Marina regarding
"Martin/Mooseberger Fast Food Booth".
File: C13
(p)Memorandum from Ontario Property and Environmental Rights Alliance regarding
"Species Habitat Regulations Emerging from Endangered Species Act (ESA) 2007.
File A01
(q)Email correspondence dated June 1, 2009 from Town of Fort Erie regarding
"Community Built Hospital".
File: C13
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2009-20 regarding Road Access and/or Water/Sewer Services
Amended Policy and Permit.
File: A09
(b)Staff Report D2009-17 regarding Draft Permit system for Concession Stands.
File: P09
(c)Staff Report D2009-21 regarding "Agricultural" Land Use Policies.
File: D14
(d)Memorandum dated May 25, 2009 from IBI Group regarding "Green Energy Act
2009 Update".
File: A16
7.ROADS, AGRICULTURE & DRAINAGE
59
61-63
65
67-68
69-70
71-76
77-107
109-111
113-114
Page 3 of 303
Council Agenda June 4, 2009
Page
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit report for the month ending May 31, 2009.
File: P10
(b)Staff Memorandum regarding Bill 221, Workplace Safety and Insurance Amendment
Act (Presumptions for Firefighters) and correspondence dated April 29, May 5, 6 and
27, 2009 from Town of Ingersoll, Township of Centre Wellington, Township of
Woolwich and Arnott & Dunlop.
File: C10
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheques #6503 to Cheque #6562 inclusive totaling
$116,800.47 and Payroll Disbursements for the period ending May 17, 2009 totaling
$57,433.08.
(b)Staff Report F2009-30 regarding PSAB Compliance Report.
File: F06
(c)Staff Report F2009-28 regarding Customer Service Accessibility Policy.
File: A09
(d)Staff Report F2009-31 regarding Financial Report.
File: F03
(e)Staff Report F2009-29 regarding Community Adjustment Fund Application.
File: F11
(f)Staff Report C2009-11 regarding NRG/Aylmer OEB Hearing - Franchise Agreement.
File: E06
(g)Staff Report PR2009-13 regarding Food Concession RFP - Municipal Beach.
File: D10
(h)Correspondence dated May 25, 2009 from The College of Physicians and Surgeons
of Ontario regarding "Council Award for Outstanding Ontario Physicians".
File: M02
(i)Email correspondence dated May 19, 2009 from Sharon Lechner, CEO, Elgin-St.
Thomas United Way regarding "United Way Kick-Off".
File: A01
115
117-122
123-130
131-156
157-170
171-208
209
211
213-219
221-225
227
Page 4 of 303
Council Agenda June 4, 2009
Page
9.FINANCE, ADMINISTRATION & PERSONNEL
(j)Staff Memorandum regarding Committee - Vienna Library / Former Town Hall,
deferred from May 7, 2009 Council meeting.
File: R02
10.ENVIRONMENT
(a)Staff Report E2009-08 regarding Waste Disposal Agreement - City of Toronto.
File: L04
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Out of Camera.
12.BY-LAWS
(a)By-Law 2009-079 A By-law to Establish Customer Service Policies and
Procedures (Accessibility)
(b)By-Law 2009-080 A by-law to Establish Tangible Capital Asset Policies
(c)By-Law 2009-081 A By-law to authorize the execution of an agreement (Waste
Disposal)
(d)By-Law 2009-082 A By-law to authorize the execution of an agreement (Donnell)
(e)By-Law 2009-083 A By-law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
229
231-261
263
265
267-295
297-301
303
Page 5 of 303
Page 6 of 303
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, Jùf.ry 21,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,May 2I,
2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski,
Councillors Mark Taylor, rilayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk
Lynda Millard,
Planning Coordinator / Deputy Clerk Margaret Underhill and Water'Wastewater Superintendent Ed
Roloson were in attendance to present their respective reports.
1. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & TTIE GENERAL NATURE
THEREOF
None
3. APPROVAL OF MINUTES AND ÄDDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of council held May 7,2009.
It was requested by Councillor Taylor that the May 7th minutes, item 6b, be
amended to ¡ead'Councillor Taylor requested that a letter be sent to Mr. Parker,
Ministry of Transportation of Ontario, London, inviting him and the County of Elgin
to attend a meeting with Council and the letter be copied to Mary Taylor."
Councillor Tayor requested a copy of the letter also be provided to him.
2009-271
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT the minutes of the regular meeting held May 712009, as
amended, be approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2009-272
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 2l of Procedural ByJaw 2002-93,
Staff Memorandum C2009-06 and By-law 2009-078 regarding cemeteries
contract be added to the agenda as items 9(g) and 12 respectively."
Page 1 of13
Minutes of the regular meeting of council held May 21, 2009.
Page 7 of 303
Council Minutes I|v4.ay 21,2009
CARRIED I.JNANIMOUSLY
4. DELEGATIONS
(a) 7:05 p.m. - Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal advised she had received nothing further from the Cemeteries Branch.
She questioned the validity of the Archaeological assessment conducted onlly on the
building fooþrint. She noted support for proceeding with placing a holding
designation on the property as noted in Staff Report C2009-09 to be considered
later in the meeting.
(b) 7:15 p.m. - Brian Hamilton regarding questions for Council
Brian Hamilton, Country Camping, provided his comments on various matters. He
suggested that it would be more appropriate to put gravel on the northern, rather
than the southern section of Woodworth Road. He raised concems with recent
R.I.D.E. checks being held on the long weekend in front of his establishment. He
estimated participation by up to ten offrcers was a waste of taxpayer dollars and
questioned whether there was a vendetta against him.
It was commented that the goal of the R.I.D.E. checks is to make the roads safer.
He reminded Council that visitors to his campgrounds also spend tourism monies
throughout the Municipality. Mr. Hamilton also noted alarge number of signage
locally and asked whether all signage was approved and the permit fees paid.
He was advised that currently permits are only required for signs designated under
the Ontario Building Code in that area.
Mr. Hamilton inquired about process to have an employee dismissed, and thanked
Council for those who have supported him in the past.
(c) 7:25 p.m. - Dennis Deleo regarding Ferry Service
Mr. Deleo spoke on behalf of ferry owner/operator Paul Blais in regard to a service
proposal between Port Burwell and Ashtabula or Conneaut, Ohio, USA. He
suggested that they were shovel ready to provide a ferry service capable ofholding
485 passengers and 86 cars. He commented that this would include a duty-free
shop, create summer jobs, benefit the community through enhanced tourism and the
environment through a reduction of road haffic. He added that sea travel would
save ISYI of the cost compared with land travel and would reduce travel time from
about eleven hours to three hours per crossing.
Following discussion with Council, Mayor Acre suggested the company provide a
detailed business plan package to the Municipality and the Administrator would
arange a meeting with the local MP and MPP.
5. INFORMATION ITEMS
(a) Copy of resolution passed by the City of Cornwall, April 27 ,2009 regarding
Page 2 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 8 of 303
Council Minutes May 2I,2009
"Provincial Harmonized Sales Tax:.
File: ClO
(b) Bayham Historical Society draft minutes of meeting held March 12,2009.
File: C09
(c) Museums Bayham draft minutes of meeting held May 13,2009.
File: C06
(d) Lake Erie Region Source Protection Committee minutes of meeting held April 2,
2009.
File: E00
(e) Correspondence dated May 5, 12, 13 and 15,2009 from Association of
Municipalities of Ontario regarding "AMO Establishes Task Force to Foster Local
Economic Development Opportunities", "Government Amounces Bridge Funding
for 2010 - 20II to Support Ontario's Municipalities and Families in Looming Child
Care Crisis", "Green Energy Act Regulation Posted on EBR for Comment", "AMO
Signs Memorandum of Cooperation with Union of Municipalities of Quebec",
"AMO Continues to Push for Successful Implementation of AODA" and
"Govemment of Canada launched $348.9 million Community Adjustment Fund for
Ontario".
File: ,{01
(Ð Correspondence from Association of Municipalities of Ontario regarding "The
Meetings Series" workshop.
File: A0l
(g) Correspondence dated May 4,2009 from Association of Municipalities of Ontario
regarding "Count Me ln Campaign! and Energy Conservation Week - May 17 -
23,2009".
File: 401
(h) Correspondence received from Minister Responsible for Seniors regarding
"Seniors' Month".
File: A16
(Ð Correspondence dated May 1, 2009 from Minister Responsible for Seniors
regarding "2009 Senior Achievement Award Program".
File: Al6
ú) Correspondence dated May 1, 2009 from Stewardship Ontario regarding "2008
annual report". (complete report available upon request)
File: E07
(k) Correspondence dated Apn|29,2009 from County of Elgin regarding resolution
passed and report "Request to Improve Plank Road - Vienna Hill".
File: C10
0) Correspondence dated May 4,2009 from Ministry of Education regarding
"Bullying: We Can All Help Stop It".
File: 416
Page 3 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 9 of 303
Council Minutes May 2I,2009
(m) Conespondence received May 14,2009 regarding "Bum Survivors Support
Network of Southwestern Ontario".
File: Pl6
(n) Correspondence dated May I 1,2009 from Minister of Industry regarding
"Canada's Economic Action Plan".
File: Al6
(o) Correspondence received May 13, 2009 from Ministry of Citizenship and
Lnmigration regarding "Ontario Medal For Good Citizenship".
File: M02
(p) Conespondence from Canada Mortgage and Housing Corporation regarding
"Helping Municipalities Build Stronger Communities" along with follow up
comespondence advising of additional Webinar dates.
File: Fl1
(Ð Email correspondence from lnspector Ryal Cox regarding "Elgin County OPP
Grant Awarded - For Speed Sign".
File: T08
(r) Notice dated May 15,2009 from Federation of Canadian Municipalities along with
agenda of 2009 Annual General Meeting to be held hne7,2009.
File: A0l
G) Correspondence dated April 30, 2009 from Ontario Provincial Police regarding
"Frontiers - A Century of Policing".
File: Pl7
(t) Correspondence dated Apnl29,2009 from Town of Ingersoll regarding"BilI22l,
Worþlace Safety and Insurance Amendment Act (Presumptions for Firefighters)".
File: ClO
(u) Copy of resolution passed Aprll2T , 2009 by the Council of the Township of
Centre Wellington regarding "BillzzI the Worþlace Safety and Insurance
Amendment Act 2OO7(Presumptions for Firefighters)".
File: C10
(v) Conespondence dated May 6, 2009 f¡om the Corporation of the Township of
Woolwich regarding "Resolution Requesting Support of an Extension to the
Worþlace Safety and Insurance Amendment Act to Include Coverage for
Volunteer and part-time Fire Fighters".
File: ClO
2009-273
Moved by Councillor W Casier
Seconded by Councillor M Taylor
I'THAT information items 5(a) through 5(v) be received for information."
CARRIED UNANIMOUSLY
Page 4 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 10 of 303
Council Minutes IN.day 21,2009
2009-274
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT items 5 trurv be deferred pending further information on impacts".
CARRIED I.INANIMOUSLY
6. PLANNING DEVELOPMENT. RECREATION & TOURISM
(a) Notification of Special Event from Edison Museum regarding Edison Fest.
File:
2009-27s
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"TIIAT the Request for Special Event NotifÌcation from Edison Museum
be received;
THAT the Council of the Municipality of Bayham approves the request for
permission to use the Memorial Park in Vienna for the Edison Fest to be
held Sautuday June 6,2009 from 8:00 am until 9:00 p.m.;
THÄ.T two additional Jimi Jons and a hand washstand be supplied;
AND TIIAT the Bayham Public Works Manager be directed to provide a
sufficient amount of picnic tables.rf
CARRIED UNANIMOUSLY
(b) Staff Report D2009-18 regarding Offrcial Plan Amendment No. 9 (Hanns)
Approval and Zoning By-law 2563-2008 Third Reading.
File: D09 / D14
2009-276
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT StaffReport D2009-18 regarding Harms OPA No.9 Decision and
ZoningBylaw 2563-2008 be received;
AND THAT ZoningBy-law 2563-2008, being a by-law to further
amend ZoningBylaw 2456-2003 be presented for Third Reading."
Councíllor Taylor noted his opposìtion to decísíons made hased on
assessment møpping not necessarily beìng correct and requested a recorded
vote.
In Favour Ooposed
Mayor Acre Councìllor Tøylor
Councillor Casier
Depaty Møyor Evønitskí
Councíllor Ketchøbøw
Motion Carried on a vote of 4 to I in favour
Page 5 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 11 of 303
Council Minutes May 21,2009
(c) Staff Report D2009-19 regarding Mennonite Church in Cbrist Site Plan Agreement
(By-law 2007-063).
File: Dll
2009-277
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT StaffReport D2009-19 regarding the Mennonite Church in Christ
Site Plan Agreement be received;
AND THAT the completion date of the Mennonite Church in Christ Site
Plan Agreement, as authorized by By-law 2007-063, be extended for a
second time for one year to June 7 r 2010."
CARRIED UNANIMOUSLY
7. ROADS. AGRICULTURE & DRAINAGE
(a) Staff Report PW2009-11 regarding Oversize / Overweight Vehicle Permits.
File: T06
The Administrator reviewed the history of the issue and details of the report. ln
response to questions he confirmed costs for remediation or needed improvements
would be recovered from the applicants on a cost recovery basis.
2009-278
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
|TTHAT StaffReport PW2009-11 regarding Oversize / Overweight Vehicle
Permits be received;
AND TIIAT By-lawNo.2009-072, being a By-law to Regulate the
Movement of Over-dimensional Vehicles on Municipal Roads, be
presented to Council for enactment."
CARRIED T]NANIMOUSLY
(b) Staff Report DR2009-006 regarding Emerson Municipal Drain - West Branch
ReApportionment pursuant to Section #65 of the Drainage Act (Nez Farms Limited
Proposed Severance Consent Application)
File: E09
2009-279
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT StaffReport DR2009-006 regarding apportionment of assessments
contained within the Emerson Municipal Drain - West Branch be received;
Page 6 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 12 of 303
Council Minutes I|ll:ay 2I,2009
AND THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due to
Land Severance or Sale" as executed by Nez Farms Limited and Trevor
and Jennifer Fulton is hereby filed and accepted by Council;
AND THAT By-law #2009-076 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll #34-01-000-002-
09450 in the watershed of the Emerson Municipal Drain - West Branch
referred to in Engineer's Report forming part of Bayham Township Bylaw
#1610, be presented to Council for enactment."
CARRIED TINANIMOUSLY
8. PROPERTY. BTIILDING & PROTECTIVE SERVICES
(a) Staff Report PR2009- 11 regarding Road Closure - Lots 118 and 119 - Mitchell
Road.
File: T09
The Administrator presented the report, noting that a request had been received
from Amtelecom for an easement to access the area in the section to be closed.
There were no questions or comments from the public.
Councillor Taylor questioned whether the easement was a cost to taxpayers.
Administrator Kruger noted that the closure is not in effect until registered and that
the easement is a part of the process along with other steps to be taken.
2009-280
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Staff Report PR2009-11 regarding Road Closure - Lots 118 and
119 - Mitchell Road be received;
AND THAT ByJaw No. 2009-073, being a By-law to stop up, close and
convey part of the road allowance between lots 118 and 119, Concession
STR, designated as Part 5 Plan 11R-9059, and Part of the given road in Lot
119, Concession STR, designated as Part 4 Plan 11R-9059 be presented to
Council for enactment.rr
Councillor Taylor noted his opposítìon to decìsíons made based on
assessment mappíng not necessarily being conect ønd requested a recorded
vote.
In Favour Opposed
Møyor Acre Councìllor Taylor
Councíllor Cøsíer
Depuly Møyor Evanítski
Councillor Ketchabøw
Motion Canied on a vote of 4 to I in favour
Page 7 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 13 of 303
Council Minutes l|v4ay 2I,2009
9. FINANCE. ADMINISTRATION & PERSOI\NEL
(a) Cheque Register being Cheques #6413 to Cheque #6502 inclusive, except
Cheques #6486 totaling $147,I77.16 and Payroll Disbursements for the period
ending May 3, 2009 totaling $51,523.66.
2009-281
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Cheque Register being Cheques #6413 to Cheque #6502 inclusive,
except Cheques #6486 totaling 9147,177.16 and Payroll Disbursements for
the period ending May 3, 2009 totaling $51,523.66 be approved."
CARRIED UNANIMOUSLY
(b) StaffReport F2009-27 regarding RInC grant application.
File: Fl1
2009-282
Moved by Councillor M Taylor
Seconded by Councillor C Evanitski
I'THAT Staff ReportF2009-27 regarding RInC application be received;
THAT council endorse the proposed RInC applications;
AND THAT council authorize staff to apply for the replacement of
playground infrastructure at the Straffordville ballpark and the Port Burwell
ballpark"
CARRIED UNANIMOUSLY
(c) Conespondence dated May 1, 2009 from Central Elgin regarding "Amalgamation
of Conservation Authorities".
File:416
Additional correspondence dated Illday 14,2009 from the Cathsh Creek
Conservation Authority in this regard was circulated to Council.
Deputy Mayor Evanitski commented that there are thirty-six CA's in Ontario,
ranging in size and services. He noted that the LPRCA has been active in the Otter
watershed adding that legislation, such as the Endangered Species Act, requires
more CA services without any additional funding. He added that the three CA's,
Catfish, Kettke and Long Point, have been working together on the Source Water
Protection Committee and there is interest in a sit-down discussion as to whether
there are any savings to be had in combined services.
He advised that that LPRCA Board is interested in identiffing the pros and cons of
a potential amalgamation in regard to cost savings and added that, as General
Manager, he has been directed to prepare a Feasibility Study.
Page 8 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 14 of 303
Council Minutes I|lday 21,2009
Deputy Mayor Evanitski did not vote on this item.
2009-283
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT the correspondence from The Municipality of Central Elgin
regarding Amalgamation of Conservation Authorities be received;
AND THAT Council express support to LPRCA to discuss the potential of
Authority amalgamations."
CARRIED
(d) StaffReport C2009-010 regarding Cemetery updates.
File: C12 / S09
2009-284
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT StaffReport C2009-010 regarding Cemeteries be received;
TIIAT By-Law 2009-074, being a bylaw to amend appointments By-Law
2009-006, be presented to Council for enactment;
AND THAT By-Law 2009-075, being a Bylaw to confirm and adopt specific
names for certain Municipal Cemeteries, be presented to Council for
enactment.tt
CARRIED I-INANIMOUSLY
(e) StaffReport C2009-09 regarding Old Port Bu¡well (Estherville) Cemetery.
File: S09
Staffwas directed to make a further attempt through the MPP to get a
representative from the Cemetery Regulations Unit to attend to address the
Estherville concenm.
2009-285
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"TIIAT Staff Report C2009-09 regarding Old Port Burwell (Estherville)
Cemetery be received;
AND THAT Council request activities through Provincial authorities (ie:
Minister of Small Business and Consumer Services, MPP)."
CARRIED UNANIMOUSLY
(Ð Correspondence dated May 8, 2009 from Germain & Theresa Blondin advising
they will no longer be running the concession stand on the East Beach.
Page 9 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 15 of 303
Council Minutes tr{ay21,2009
File: Cl3
2009-286
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT correspondence dated May 8,2009 from Germain & Theresa
Blondin regarding termination of the contract for the operation of a
concession stand on the East Beach be received;
AND THAT Council agrees to the termination of the Concession services
and directs that a By-law be prepared to repeal By-law 2009-018
authorizing the renewal of the agreement for Council support at the next
Council meeting."
CARRIED TINANIMOUSLY
(g) Staff Memorandum C2009-06 regarding Cemeteries Contract.
2009-287
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THÄT the price quotes submitted by Len Froese for cemetery care
services be approved;
AND THAT By-Law 2009-078, being a bylaw to authorize the execution of
an agreement between the Municipality of Bayham and Ground Effects
Landscape & Design for the provision of additional cemetery care seryices,
and to repeal By-law 2009-069, be presented to Council for enactment."
CARRIED UNANIMOUSLY
10. EIYVIRONMENT
(a) Quarterþ Report for the Bayham Water Dishibution System and call ins for period
ending March 31,2009.
File: E08
2009-288
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THÄT Quarterly Report for the Bayham Water Distribution System and
call ins for period ending March 31r2009 be received / for information."
CARRIED I-INANIMOUSLY
(b) Quarterþ Report for the Bayham Small Municipal Non-Residential Wells for the
period ending March 31,2009.
File: E08
Water/TVastewater Superintendent Ed Roloson, advised that the Health Unit has
Page 10 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 16 of 303
Council Minutes lIlay 21,2009
rolled out a program for the Small Municipal Non-Residential Wells and will be
hiring a person for the new position, in the fall.
2009-289
Moved by Councillor C Evanitski
Seconded by Councillor M Taylor
TTTHAT Quarterly Report for the Bayham Small Municipal Non-
Residential Wells for the period ending March 31,2009 be received / for
information.tt
CARRIED I.JNANIMOUSLY
(c) Wastewater Treaftnent Plant Quarterly Compliance Report and call ins for the
period ending March 31,2009.
File:E08
2009-290
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
THAT Wastewater Treatment Plant Quarterly Compliance Report and call
ins for the period ending March 31,2009 be received / for information."
CARRIED LTNANIMOUSLY
11. COMMITTEE OF THE WHOLE
Deputy Mayor Evanitski requested a Closed Session regarding a personal matter.
(a) In Camera.
2009-29r
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the \ilhole at9:44 p.m. to discuss:
o p€rsonal matters about an identifiable individual, including municipal
or local board employees."
CARRIED UNANIMOUSLY
Confidential Item regarding a personal matter.
Out of Camera.
2009-292
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
(b)
(c)
Page 11 of13
Minutes of the regular meeting of council held May 21, 2009.
Page 17 of 303
Council Minutes Nday 21,2009
TTTHAT the Committee of the Whole do now rise from the "In Camera"
session at 9:55 p.m."
CARRIED I.INANIMOUSLY
12. BY-LAWS
(a) By-Law 2563-2008 A By-Law to further amend Zonng
By-Law 2456-2003 (Harms)
Third Reading only
(b) By-Law 2009-072 A By-Law to regulate the movement of
over-dimensional vehicles on municipal roads
(c) By-Law 2009-073 A By-Law to stop up , close and
convey part of the road allowance (Ens)
(d) By-Law 2009-074 A By-Law to amend By-Law 2009-006 (Boards and
Committees Members)
(e) By-law 2009-075 A By-Law to adopt specific names for certain municipal
cemeteries
(Ð By-Law 2009-076 A By-Law to further amend By-Law 1610 (Emerson
Municipal Drain - West Brancþ
(g) Added By-Law 2009-078 A By-Law to Authorize an Agreement with Ground
Effects & Landscape & Design (added cemeteries)
2009-293
Moved by Councillor C Evanitski
Seconded by Councillor M Taylor
'TTHAT By-Laws 2563-2008, 2009-072, 2009-073, 2009-07 4, 2009-07 5,
2009-076 and 2009-078 be read a lirst, second and third time and finally
passed.tt
CARRIED IJNANIMOUSLY
(h) By-Law 2009-077 A By-Law to confinn all actions of Council
2009-294
Moved by Councillor M Taylor
Seconded by Councillor C Evanitski
"THAT confirming By-Law 2009-077 be read a first, second and third time
and finally passed."
CARRIED IINANIMOUSLY
Page 12 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 18 of 303
Council Minutes
13. ADJOURNMENT
(a) Adjournment
2009-29s
Moved by Councillor C Evanitski
Seconded by Councillor E Ketchabaw
MAYOR
IN'{ay 21,2009
|'THAT the Council meeting be adjourned at 10:00 p.m.'l
CARRIED UNANIMOUSL
Page 13 of 13
Minutes of the regular meeting of council held May 21, 2009.
Page 19 of 303
Page 20 of 303
Lt a
May 22,2009
To: All Ontario Municipalities
At their meeting of May 1gth, 2009, the Council of the Corporation of the Town of Smiths
Falls passed the following resolution that we would like circulated to all municipalities
requesting their support on this important issue:
WHEREAS public libraries have a strong role in literacy, innovation, community and
prosperity in municipalities;
AND WHEREAS the Ministry of Culture is currently updating its policies related to
suppoding public libraries as they wish to ensure that policies position public libraries
for the future;
AND WHEREAS the role of learning in Ontario's future knowledge-based economy
grows, the informal learning sysfems of public libraries will be even more impoñant.
AND WHEREAS the library of the future will need to respond to a new social,
technological and economic environment.
AND WHEREAS municipalities are incurring the majority of cosfs associated with
d e I iveri ng I i brary progra m m i ng.
AND WHEREAS ff¡ose same municipalities bear the majority of fhe cosfs to build and
mai ntain library facil itie s.
AND WHEREAS the province has decreased its annual grants since 1985 from 15%
of annual revenue to 4% of annual revenue which continues fo threaten the future of
these engines of cultural and economic development.
NOW THEREFORE BE lT RESOLVED THAT the Council of the Corporation of the
Town of Smiths Falls petitions that the Province increase its annual grants to 15% of
library revenue.
AND FURTHER THAT a copy of the motion be forwarded to the Premier of Ontario,
the Honourable Aileen Carroll Minister of Culture, MPP Randy Hillier, the Ontario
Library Service and the Association of Municipalities of Ontario for circulation.
Resolution #: 200945-1 72
lf you require further information please do not hesitate to contact me.
Yours very truly,
,(,/ ,// t4fá;-r,¡J"çd
Kerry Costello
Town Clerk
cc: Hon. Dalton McGuinty, Premier of Ontario
Honourable Aileen Carroll Minister of Culture
MPP Randy Hillier
Ontario Library Service
Box 695, 77 Bechvith St. N., Smiths Falls, Ontario K7A4T6
Phone: 613-283-4124 Fax: 613-2834764 Website: www.smithsfalls.ca
Copy of Resolution passed May 19, 2009 by the Corporation of...
Page 21 of 303
DISCIAIMER
This materíal ís provided under conlract as a paid seruíce by the orþinatíng organÞation and does not
necessarily reflect the uiew or positions of the Assoctàtion of Municþalities of Onlario (AMO), its subsidíary
companies, offìcers, directors or agents.
Box 695, 77 Beckwith St. N., Smiths Falls, Ontario K7A4T6
Phone: 613-2834124 Fax: 613-2834764 Website: www.smithsfalls.ca
Copy of Resolution passed May 19, 2009 by the Corporation of...
Page 22 of 303
The Council of the City of Ottawa, at its meeting of 22 April2009, adopted the following resolution:
MOTION NO.6sl28
Moved by Councillor G. Brooks
Seconded by Councillor D. Deans
\ryHEREAS the decision of the Ontario Municipal Board approving the application by Minto Communities Inc. to amend the
Secondary Ofücial Plan for the village of Manotick was released on April 23,2009;
A¡lD WIIEREAS the decision gave very liffle consideration to the amendments to the Planning Act that were Íntended to
strengthen the ability of municipalÍties to govern development;
A¡tD WHEREÄ$ it is the view of the Council of Ottawa that this decision is contrary to the vision for Manotick as expressed in
the Officiat PIan of the City of Ottawa, including the Manotick Secondary Plan, and this decision does not give proper
consÍderation to the provisions of the Pløz ning Act, especially the amendments ín Bill 51;
AND \ilHEREAS many municipalities in Ontario have expressed grave concern over the lack of regard had by the Ontario
Municipal Board to the decisions of the democratically elected Councils;
THF.REFORE BE IT RESOLVED TH.AT, due to the failure of the Ontario Municipal Board to give proper consideration to
the amendments to the Planning Act strengthening the role of municipal councils, the City Clerk and Solicitor be authorized to
seek leave to appeal the decision of the Ontario Municipal Board respecting the application by Minto Communities Inc. to
amend the Secondary Official Plan for the village of Manotick;
AND BE IT FURTHER RESOLVED THAT the City seek the involvement of and funding by the Association of Municipalities
of Ontario and other municipalities in its application for leave to appeal.
city of ottawa ville d'ottawa
I l0 l¿urier Avenue I 10, avenue lzurier
Ottawa, ON Ottawa, ON
Klp lJl KIP lJl
Attention: Dawn rilhelan, Council Coordinator Attention : Dawn Whelan, Coordonnahice de conseil
Telephone: 580-2424,8xt.2183'l Tél : 613-580-2424'poste2l837
Facsimile: 580-9609 Courriel: dawn'whelan@ottawa'ca
E-mail: dawn.whelan@ottawa.ca
À sa réunion du 22 avnl2009, le Conseil municipal d'Ottawa a approuvé la recommandation suivante :
MOTION N" 65/28
Motion du conseiller G. Brooks
Appuyee par la conseillère D. Deans
ATTENDU QUE ta décision de la Commission des affaires municipales de I'Ontario d'approuver la demande faite par Minto
Communities Inc. en vue de modifier le Plan officiel secondaire du village de Manotick a été rendue le 23 awil 2009;
ATTENDU QIJE cette décision a très peu tenu compte des modifications à la Loi sur I'aménagement du terrítoire destinées à
renforcer la capacité des municipalités à régir leur aménagement;
ATTENDU QUE le Conseil municipal d'Ottawa est d'avis que cette décision est contraire à la vision d'avenir pour Manotick
exprimée dans le Plan officiel de la Ville d'Ottawa, y compris le Plan secondaire de Manoticþ et que cette décision ne tient pas
wãiment compte des dispositions de Ia Loi sur l'øménagement du territoìre, particulièrement les modifications du projet de loi
51;
Ä.TTENDU QIJE de nombreuses municÍpalités de I'Ontario ont exprimé leur vÍve préoccupation face au manque de
considération accordé par la Commission des affaires municipales de l'Ontario pour les décisions rendues par des conseils élus
démocratiquement;
pAR CONSÉQUENT, IL EST nÉSOf,U QUE, étant donné le manque de considération accordé par la Commission des affaires
municípales de I'Ontario pour les modifications de la Loi sur l'aménagemer.t du terr¡toíre, qui renforcent le rôle des conseils
municiþaux, le greffier municipal et le chef du contentieux soient autorisés à demander l'autorisation dten appeler de la
décision de la Commission des affaires municipales de I'Ontario concernant la demande faÍte par Minto CommunÍties Inc. en
vue de modifier le Plan officiel secondaire du village de Manotick;
ET IL EST nÉSOf,U QUE la VÍlle demande I'engagement et le financement de I'Association des municipalités de I'Ontario et
d'autres municipalités pour cette demande d'autorisation de faire appel.
Copy of resolution passed April 23, 2009 by the City of Otta...
Page 23 of 303
Page 24 of 303
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-9856 | Fax (416) 971-619'l
E-mail: amo@amo.on.ca
MEMBER COMMUNICATION ALERT No: 09/039
To the attention of the Clerk and Council
May 20, 2009
FOR MORE INFORMATION GONTACT:
Scott Vokey, AMO/LAS Energy Caordinator
(416) 971-9856 ext 357
þtr
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Province Passes Green Energy Act
B¡lt 150, the Green Energy and Green Economy Acf received third reading and royal assent
in the legíslature on May 14,2009. The Act impacts municipalities in the following ways:
o Alters the planning approvals process for (renewable) energy projects;
. Enables munic¡palities to generate energy for sale into the grid;
o Enables local distribution companies (LDCs) to become more act¡ve in energy
conservation, planning, storage, and generation;
o Establishes a more aggress¡ve tariff system for renewable energy fed into the grid;
o Stimulates the development of a smart grid;
o Encourages distributed generation;
. Mandates the development of Energy Conservation Plans;
. Amends municipal revenues derived from (renewable) energy projects; and
. Empowers the Minister to mandate future energy efficiency standards for newly
constructed municipal buildings and municipal procurement.
The Green Energy and Green Economy Act will fundamentally transform the legislative and
regulatory environment governing energy conservation, generation, and planning in Ontario.
Most of what is proposed is an improvement on the status quo including provisions for
enhanced conservation and local generation as previously requested by AMO. Most of
AMO's recommendations pertinent to the Act itself have been incorporated, while others will
be determined by regulation. The sections that follow are organized into the four broad
areas to be affected:
ApprovalProcess
AMO staff are working with an inter-ministerial working group on the proposed regulations
outlining the new planning approval process around large scale renewable energy
applications. Staff are currently reviewing the latest thinking on municipal consultation in
regards to the Renewable Energy Approval and will be providing comments.
Community Power
There are numerous benefits to municipalities as potential generators of electricity either on
their own or through their local distribution companies from the proposed improved grid
connections and higher feed-in tariffs (prices paid for electricity). The proposed
1-2 uun¡c¡par¡äl:îîäi"¿fi Allo
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amendments to both the sections of the Act and the Feed-ln Tariff are both of direct
benefit to municipalities.
Conservation and Building Code
A regulation requiring munícipalities to develop energy conservation plans has been
expected since the passage of the Energy Conseruation Leadership Act in 2006. The
Ministry has committed to working with AMO on the development of the regulation
governing these plans. AMO's recommendation to include water efficiency standards in
the building code appears to have been adopted.
As mentioned in an AMO Alert (09/034) on May 13, the Ministry of Energy and
Infrastructure has begun consultations around the first of many regulations to be
developed under the Act. The "Local Barriers to Renewable Energy Installations"
Regulation affecting micro solar and geothermal applications is cunently posted on the EBR
for comment:
http://www.ebr.oov.on.celE RS-W EB-
AMO staff will continue to advise members about future regulations developed under the
Act through Alefts and member communications.
This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca.
uun¡c¡par¡îl:Ëätä:r"i ^llO
l--x
t¿JJ
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2-2
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200 UniversiÇ Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-9856 | Fax (416) 971-6191
E-mail: amo@amo.on.ca
FYI No:09-007
-
LL
To the attention of the Glerk and Gouncil
May 20, 2009
FOR MORE INFORMATION CONTAGT:
Craig Reid, AMO Senior Policy Advisor
(416) 971-9856 ext 334
lnvitation - Proposed Enhancements to the Ontario Dam Safety Program
The Ministry of Natural Resources (MNR) is developing enhancements to Ontario's dam safety
program through the introduction of new regulations under the Lakes and Rivers lmprovement Act
(LRIA). Ontario municipalities are invited to attend a workshop to provide input on how the proposed
enhancements will impact municipalities as dam owners. The MNR is particularly interested in
feedback from municipal public works and engineering departments regarding municipal dams,
however interested municipal representatives from other areas are also encouraged to attend.
The proposed enhancements to the Enhanced Dam Safety Program will place new requirements on
dam owners to:
1. Ensure new and existing dams meet standards related to the life cycle management of dams
(design, construction, operation, maintenance, emergency preparedness,
inspection/monitoring, public safety around dams, decommissioning); and
2. Register their dams and provide the MNR with associated information through a new Dam
Registry System.
The workshop agenda will include:
. Overview of existing program and imperatives for the new requirements.. Presentations on the key elements of the proposed LRIA regulations (preliminary inspections
and dam classification; public safety; operation, maintenance and surveillance plans; dam
registry).. Questions and Answers.. Feedback and Wrap up.
Details:
The workshop will be held from 10:00 a.m. - 3:00 p.m. on Tuesday, June 16h at the York Region
Municipal Building located at17250 Yonge Street, Newmarket.
RSVP:
lnterested staff should contact Mike Passey at MNR, by phone at (705) 755-5877 or by email at
mike.passey@ontario.ca by Friday, June 5th'2009. Space is limited. Materials will be sent by MNR
in advance by e-mail.
This information is avaílable in the Policy /ssues section of the AMO website at www.amo.on.ca.
uun¡cipa,¡äl:îîäii:.ii ^llo1-1
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MEMBER GOMMUNICATION Fyt No: oe-008
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-9856 | Fax: (416) 971-6191
E-mail: amo@amo.on.c¿r -
LL
To the attention of the clerk and council FoR MoRE lNFoRMArloN coNrAGr:
May 26, 2ooe ¿"i.i""##s'i,li!f
Canadian Sport Tourism Alliance Offers Regional Sport Tourism Workshops
lssue: Regional Sport Tourism Workshops will be held in Huntsville, Ontario on Thursday,
June 18,2009.
Background:
The Canadian Sport TourÍsm Alliance is a tourism industry led organization that promotes
sport tourism as an economíc development initiative at the community level. Sport tourism is
the fastest growing grassroots economic development initiative in Canada today, with
approximately $2.4 billion in annualdomestic spending.
These workshops are of interest to representatives of parks & recreation departments,
economic development agencies, convention & visitor bureaus and other destination marketing
organizations, sport councils, sport events rights holders, organizing committees, and other
interested individuals.
Those interested should call the resort's reservations department at 1-800-461-4393. CSTA
recommends that callers identify themselves as being a participant of the CSTA Sport Tourism
Workshop for ease of booking. Reseryation requests must be made by Tuesday, June 16,
2009 in order to qualify for the CSTA group rate.
Event lnformation: These interactive workshops are designed to build capacity at the local
level and help communities become more actively involved in the sport tourism industry.
Topics will include:o lntroduction to Sport Tourism. Developing a Local Sport Tourism Strategyo A Town Hall working lunch designed to address specific challenges and issues
commonly encountered at the community levelo Sport Tourism Economic Assessment Model (STEAM) training session
This one-day workshop (scheduled to be held from 9:00 am- 4:00 pm) is designed for groups
in the surrounding Central and near North regions of Ontario.
lnterested participants should email Steven Trainor at strainor@canadiansporttourism.com to
register. Please note that registration is limited, so please reserve your place today!
This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca.
1-1 r"",",0",,â::i"f'ä1",:.',i AllO
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MEMBER COMMUNICATION
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Farc (416) 971-6191
E+nail: amo@amo.on.c¿r
f)ô /
ALERT No: 09/040
To the attention of the Clerk and Council
May 29, 2009
FOR MORE INFORMATION CONTAGT:
Craig Reid , AMO Senior Policy Advisor
(416) 971-9856 ext 334
l-
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{
Reminder: Labour Mobility Survey
lssue:
On May 11,2009, AMO advised members that recent changes to the Agreement on lnternal Trade
(AlT)to remove baniers to labour mobility between provinces and territories may affect
municipalities.
This alert is a reminder to Ontario municipalities that AMO and the province require your input to
ensure the development of good public policy in this area. For your convenience, new information
contained in this document is bolded and italicized.
lf they have not already done so, Ontario municipalities are asked to complete the survey
linked to the alert and return it to the Mínistry of Training, Colleges and Universities, copying
AMO, by June 5h. 2009. Suruey instructions are inctuded at the end of this document.
Background:
ln July 2008, the Premiers agreed to amend the AIT to remove or minimize labour mobility barriers
between provinces and territories within Canada. To do this, the Ontario Minister of Training
Colleges and Universities, John Milloy, introduced Bill 175 the Ontario Labour MobilityAct, 2009 in
the Ontario Legislature on May 5, 2009. lf passed, the Act will create a Labour Mobility Code which
regulatory authorities that grant certificates/licences to individuals to carry on an occupation must
comply with. The Code is intended to remove or minimize inter-provincial barriers to occupational
practice for individuals. Municipalities are captured by the legislation and AMO has been working
with the government to ensure municipal interests are taken into account.
The proposed legislation would ensure that a worker certified to practice in one province or territory
will be entitled to be certified in that occupation in Ontario without having to complete additional
material training, experience, examinations or assessments. Provinces and Territories can maintain
additional requirements for those occupations where it is necessary to protect the public interest in
areas such as health and safety or consumer protection.
The main focus of the labour mobility changes to the AIT and the legislation is on provincial/territorial
regulatory authorities (including municipalities) and the current impression of the Ministry of Training,
Colleges and Universities (MTCU) is that the AIT will not have a significant impact on municipal
operations. Nevertheless, MTCU requires more comprehensive information and an inventory of
relevant municipal regulatory activities for Ontario to comply with the interprovincial agreement and
secure exceptions for municipalities where such exceptions may be warranted.
1-2 u un¡c¡par¡r¡41:ïäi",:"9i ^Ho
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Provinces are allowed to maintain additional certi
certified in another province/territory where it can
legitimate objective such as public health, or cons
the province must approve any exceptions. To en
posted on a public website.
ln addition to the information contained in the
municipalities will no longer be able to require
jurisdiction as a condition of elÍgÍbility for e
province or terrÍtory of Canada that is a pafi t
Action:,inalifiacq¿aqelzaelfaracnanrlfallrafrrlI¿lrlin¡r¡rrlacfi¡rn.ñnoe.vnllr<
Ontario municipalities are asked to respond to the following question: Does your
municipality require individuals to demonstrate through completion of courses, pass¡ng an
examination, practical experience or other such means that they have the skills, knowledge or
experience to work in an occupation and/or use a particular title in order to be granted a municipal
license?
Survey lnstructions:
lf the answer is no, please confirm this by reply to MTCU at AlTlmplementationProject@ontario.ca.
lf the answer is yes or you are not sure, please visit our website at
992 for more information and to complete a municipal certification survey. The Ministry asks that you
please submit your completed survey by emailto MTCU at AlTlmolementationProiect@ontario.ca
and copy AMO on your response at earmogan@amo.on.ca by 5:00 p.m. on June 5, 2009.
lf you should have any questions or concerns, please do not hesitate to contact the AIT Project Team
at AlTlmplementationProject@ontario.ca.
For further information on labour mobility in Ontario, municipal officials may also review MTCU's
information at: http://www.edu.oov.on.caleng/tcu/labourmobilitv/.
AMO will review positive responses and continue to work with the government to ensure that
municipal interests are reflected in the process.
This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca.
Associatíon of
^HO
Municipalities of Ontario2-2
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MEMBER COMMUNIGATION
5
200 Universig Ave, Suite 801
Toronto, ON M5H 3Co
Tel.: (416) 971-9856 | Far (416) 971-6191
E-mail: amo@amo.on.ca
lo t
ALERT No: 09/041
To the attention of the Clerk and Council
May 29, 2009
FOR MORE INFORMATION CONTAGT:
Petra Wolfbeiss , AMO Senior Policy Advisor
(416) 971-9856 ext 329
F
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AMO Comments on
Long Term Gare Homes Act Proposed Regulations
lssue:
AMO has provided feedback on the proposed regulations under the Long Term Care
Homes Act and is encouraging municipalities to do the same.
Background:
The Ministry of Health and Long Term Care is seeking feedback on the proposed
regulatíons under the Long Term Care Homes Act. The deadline for feedback is June 5,
2009.
From AMO's review of the proposed changes, it appears that there will be an increase in
regulatory and administrative duties for long term care homes. AMO's fundamental concern
is that in the event that there is an increase in such activity, there would need to be
additional Provincial funding to enable the home to meet the requirements without usurping
the resources dedicated to resident care.
Ontario's municipal governments go far beyond what they are required to do in law by
investing approximately $300 million a year of municipal resources in the provincial long-
term care system through the funding and operation of homes for the aged. They do so
because they recognize the need for services in their communities.
While expectations on improvements In care are being raised, it is likely, that municipalities
will be squeezed in a number of directions under the new regulatory framework, potentially
resulting in a reduction in municipal services. AMO is hopeful that the government
recognizes this risk and will take steps to provide all necessary and appropriate funding to
support the implementation of the regulations.
For AMO's response, please click here.
Action: AMO is recommending municipalities review the proposed regulations and provide
comment to the Ministry of Health and Long Term Care by the deadline of June 5, 2009.
This information is available in the Policy /ssues section of the AMO website at wvvw.amo.on.ca.
Municipariî::ïäii:,ii ^Ho1-1
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TOWNSHIP OF SOUTH STORMONT
4949 County Road No. 14
P. O. Box 340, lngleside, ON KOC 1M0
Phone: (61 3) 537-2362, info@southstormont.ca
May 15,2009
To: All municipalities in OntarioRe: Request for simultaneous dispatch for Emergency Medical Service (EMS) and Fire Response
Council of the Township of South Stormont passed Resolution No. 94/2009 adopting a report (summarized
below)requesting simultaneous dispatch for EMS and Fire Response. Your support and endorsement in this
regard would be appreciated. Please send any resolution of support to the Ministry of Health and Long Term
Care and your local MPP with a copy to the Township of South Stormont.
The Council of the Township of South Stormont appreciates your support in this regard.
Yours truly,
Betty de Haan, CMO
CAO/Clerk
Summary of Recommendation:
That Council receive this Report, and instruct staff to forward a letter to our local MPP and lobby the Ministry
of Health and Long Term Care to provide a simultaneous EMS and Fire Dispatch.
Summary of lssues:
To provide a simultaneous Fire and EMS Dispatch:- That the patient has a better chance of survival,- To reduce unnecessary cost to the taxpayer,- To reduce the risk of an accident when responding to a false alarm, and
- To eliminate the frustration that firefìghters experience when being dispatched several minutes after
the callwas received.
Background / History
ln the mid-nineties the South Stormont fire service entered into an agreement with base hospital to provide
First Response with Defibrilitors. The concept of this delivery service was designed for rapid intervention by
deploying firefighters as first responders. Fire departments are strategically positioned especially in the rural
areas to deliver a rapid emergency response. Under the current system, many fire departments are either not
being dispatched, or they are being dispatched significantly later than the EMS Ambulance.
ln 2008, the South Stormont Fire Service responded to a total of sixty six (66) EMS calls. Thirty (30) of the
calls were either cancelled or the ambulance was already on scene requiring no assistance from the Fire
Service. This is a clear example of the situation that is currently occuring daily across the Province. Failure to
call the community fìre department simultaneously, despite existing agreements to do so, compromises the
public and severly hampers the fire service's ability to provide rapid and effective emergency response. While
not only being a frustrating situation for both the public and the firefighters this could also have a significant
impact on a patient's outcome.
The Ontario Association of Fire Chiefs and the Ontario Professional Fire Fighters Association have drafted a
'Discussion Paper'' (Saving a life in 6.0 minutes or less by utilizing the efficiencies of the Ontario Fire
Services) which explains the Winnipeg (Manitoba) Model where the emergency response system has Fire
and EMS working closly together and reducing the response time in half. This is an excellent example of
better utilization of communitv fìre deoartments in eme medical
Correspondence dated May 15, 2009 from Township of South Sto...
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LAS Connections Conf'erence: Plan to Attencll Ê'"1"
ol6-"
This landmark conference will examine succe
and energv utilities in Ontario and bevond. The focus will be on 'connections' not only
between these inherent partners but also on the broader interrelationships between energy,
economics, and ecology !
The Green Energy Act has issued in many opportunities for municipalities, utilities, and their
paftners, as part ofa larger green economy revolution. This is your chance to learn how to
leverage the changes in Ontario's energy sector to realize opportunities to collaborate in
creating a greener, more prosperous future for the energy and municipal sectors. Featured
speakers will include Dr. David Suzuki, George Smitherman, Minister of Energy and
Infrastructure (invited), OPA CEO Colin Andersen, and other leaders in the field.
Conference sessions will examine energy efficiency, generation, planning, procurement, and
existing incentives available to help maximize return on investment. An exhibit hall will
also feature firms with cufting-edge technologies for energy conservation, reduction,
monitoring and generation as well as fixtures and appliances for municipal facilities.
Registration forms will be available on the LAS website very soon!
Municipal Energy Performance
Benchmarking Project
LAS invites municipalities to participate in the Energy Benchmarking Project currently
underway. To date, more than 100 Ontario municipalities have decided to participate - is your
municipality participating? The results of this sector study will be incorporated into a
database that will allow all municipalities to view the energy performance of all facility types
studied across the province.
Participation requires only a few hours of effort per site and is free of charge! Each
participating municipality will receive a two page report for each building studied as well as
access to the overall database. The report provided will offer an analysis offacility energy
performance and associated technical, management and organizational practices, with
appropriate next steps to improve. There is no pre-set limit for how many buildings may be
submitted by each municipality so this is your opportunity to learn more about the
performance of many of your facilities.
If you require additional information please e-mail your questions to benchmark@amo.on.ca
or visit the LAS website.
Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 35 of 303
from the IESO
Municipalities stand to save money when they move from paying a fixed price for
electricity (called the Regulated Price Plan or RPP) to the market price in the fall
of 2009. This change applies to all accounts with consumption greater than
250,000 kilowatt hours (kWh) per year and demand greater than 50 kilowatts (which is the equivalent to an electricity bill
of approximately $2,000 per month).
In the market, prices change every hour of the day and are generally lower overnight and on weekends. Recognizing that
some facilities - like streetlighting and arenas - use most of their electricity during the lower priced times of the day there
is potential for immediate savings. Monitoring electricity consumption is key to tracking savings and identif,ing where
energy is being wasted.
To read how some municipalities are using energy management to benefit their bottom line or leam more about Ontario's
electricity market visit www.ieso.calmunicipalities
Typical Electricity Usage for a
Municipaliþ of 100,000
An analysis of a typical consumption
pattern of a municipality of 100,000 people
shows thai by switching from the current
Regulated Price Plan (RPP) f¡xed rates to
the hourly price, municipâlities can expect
savings ìn the regron of 19 per cent
And that's before conservation, energy
efficiency and load-shiftinB programs are
put into play.
Hourly Prices Can Provide an Average of 19% Savings*
lhese !¡[ngs can tÉ ¿chi.!rd u!¡n8 rnteil¿l mlssof ¿ rdail mllr¡ct
'llstrg¿clßtû¡eh-dtdal¿,lhiscn,p¿t¡scnßb¿súülhenqgrpùlw I RPP
ollhisn!il.¡psl¡tltbìil.thehoil¡llpîilx¡rclrd.sâdjtslntnlslotlh¿ I Hcurtyprice
qFi reh¿le zndPnr¡kiel Berchl
ãï I llil
lul-06 Aug-06 S¿p-06 C.t'05 L0v-05 0æ'06 Jin-07 feb-0t H¡r0i ApÊ07 Mat-07 lun-07
At May 1,2009, municipal electricity costs under the Regulated Price Plan
(RPP) increased by 0.1 cents per krùh. Prices are now 5.7 cents per kWh
up to 600 kWh each month, and 6.ó cents for each additional krvVh; these
prices will remain in efrect until November 2009. RPP prices are based on
a l2-month forecast but are revisited every 6 months, which results in
limited budgetability for municipal governments.
All LAS Electricity Program members are realizing savings compared to
current RPP pricing, with our most current purchasing group (9
municipalities) enjoying av€rage savings of one cent per kWh compared to
these revised RPP prices.
Snapshop:
LAS Natural Gas Progrem¡ 164 program members (Daily volutñe of2ó3,000
m3)
. 3,000 en¡olled accounts
. Member rebate of Sl million in 2008¡ Current program price: 32.5 cænts/m3e Expected Nov 2009 program price: 28 centlm3
Snapshot:
Ll\S Electrícity Pro gra mo S2pfogram members
. Total Savings since inception - greater thnn $l
millis¡
o Annual program voh¡me is 300,000M1Vh
o Nextpr¡rchase grcup inl\tfay20D
. Hedge levels can be susbmized - lower hedge or
separate profile for interval metered accounts.
Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 36 of 303
PROGRAM UPDATES
Na tu ral
Gas
The LAS program price is 32.5 cents/m3 for the period of
November 1, 2008-October 3 I , 2009. This price is the same as
our 2007-08 program year. In addition to steady program
prices, in late 2008 LAS provided a rebate to all program
members that totaled more than $l million (resulting from a
surplus in the program reserve account at gas year end).
Comparable utility gas rates were markedly higher than LAS
program rates for the last 6 months of2008, but are now
slightly lower than the LAS rates (due in large part to the
slowing North American economy and lower North American
natural gas prices.)
Our program administrator noted: in January 2009 the price of
natural gas at AECO averaged $5.491GJ, which is $0.76lGJ
below December's average price, and that energy prices have
continued their decline largely due to the worsening economic
conditions and a resulting reduction in energy demand. At
April, the natural gas daily spot prices were trading at their
cheapest level since 2002. Many industry pundits however see
prices climbing again in mid-late 2009 due to an expected
decrease in natural gas production resulting from untenable low
pnces.
LAS has leveraged low market prices in 2009 with a number of
strategic forward purchases that impact the next two program
years. LAS has purchasedSTo/" of total required volume
(8,750GÐ for the November 2009-October 2010 program
year, and now anticipate an all-in program price ofapprox.
28 cents/m3 for this one year period. In addition, for the
November 2010 - October 201I program year, LAS has
secured 55% of total program volume at a price of 27 cents/m3.
These confirmed purchases will ensure a low-cost and
budgetable environment for all LAS program members for the
next two years!
LAS' strategy for natural gas continues to be established with a
view towards longer term predictability and annual
budgetability. To ensure these objectives are met, LAS
continues to operate within a three year purchasing window,
and is already purchasing gas for the 201 I - 12 period. An
added value of the LAS program is that all members receive an
annual report of total consumption.
{* ,..}
Electricity
This LAS program continues to attract attention as it offers a
ploactive way for any rnunicipality to remove accounts,
inclucling streetlights, tiorn the government's RPP
program. The LAS program helps municipalities take control of
electricity costs, realize cost savings. and take advantage of
available market rebates, suclr as the OPC Rebate.
52 municipalities currently take part in this program with a total
of 3,000 enrolled accounts and an enrolled progran volume of
300,000MWh. Program tnembers have realized total collective
savings for hedge purchases. streetlight accounts, and tnarket
rebates that are in excess of S I million. As a part of this
savings. program nrember savings for streetlight accounts \vas
approx. 25o/o conpared to then culrent RPP prices.
LAS cornplefed a new purchase in December 2008 for 9 newly
enrolled municipalities with a collective requirement of about
5MW. The reason this smaller group was taken to market was
due to the lorv prices available as a restrh of the cutrent
economic clirnate. The purchase price for accounts enrolled
with this group inclucling fees was $54.50/MW or 5.45 cents/
kWh - a savings of one cent/kWh compared to the RPP!
LAS has received enrollments frorn 17 new municipalities that
will form our next purchasing group. This group is expected to
go to market in late May 2009. We rvill continue to take
subsequent pools to market as adequate volume is enrolled. The
first step to become a part of the LAS Electricity Program is
to have a load profile completed; review the steps outlined in
the "How to Get Started" document available on the LAS
w e bsite : htt o ://wrv u'. a nt o. o n. calC o n te nt/l as/
Coln¡nocl i t)rProsram s/E lectri c ity Procuremenldefault.htm
The benefit ofthe LAS Program approach
ofleaving a portion ofeach year's electric-
ity and/or natural gas consumption to the
spot market is that it allows for all program
members to benefit from short term relief
in spot market prices, as tte are currently
seeing. The program ensures that most
consumption is at a fixed price to allorv for
cost budgetability.
Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 37 of 303
Update on the Green Energy Act
The Minister of Energy and Infrastructure introduced Bill 150, The Green Energt and Green Economy Act, 2009 on February 23,
2009. Bill 150 has two main thrusts: making it easier to bring renewable energy projects to life, and creating a culture of
conservation so that people can go about their daily lives using less energy. The Government of Ontario states it has developed the
Green Energy Act to create jobs, fight climate change, and secure Ontario's place as the continent's
leading green economy.
On the generation side, the Bill enables municipalities and local distribution companies (LDCs) to
become more active in energy generation projects without creating a separate subsidiary and establishes
a more aggressive tariff system for renewable energy fed into the grid. On the conservation side, the
Bill enables LDCs to become more active in energy conservation, planning, and storage. The Bill will
also require public agencies, including municipalities, to prepare energy conservation plans. As
municipalities are the second largest consumer of energy in the province this is an opportunity for
municipal governments to show strong leadership through action.
AMO continues to provide the government with advice on regulations as they are being considered, and has also provided a detailed
commentary related to the Bill in its submission to the legislative standing committee.
a\|
EMT: What's in it for vou?
The LAS Energy Management Tool (EMT) can enable municipalities to enhance their understanding of energy consumption and
trends by allowing users to benchmark facilities (both in and outside the municipality), develop custom reports to get information to
those who need it, track municipal GHGs to ensure regulatory compliance and environmental stewardship, review/audit energy
savings to verify savings from operational changes, among other benefits. LAS has also worked closely with the software provider
to make the EMT meaningful for municipal energy needs and ensure that it will be able to track emissions, GHGs, and other
relevant key performance indicators.
The EMT also allows users to monitor power quality for any interval metered accounts; this can help a municipality to minimize
potential damage to expensive equipment caused by bad power. The EMT allows for the real-time connection of capable interval
meters to manage demand control schemes such as load shedding, peak shaving, and/or on-site generation.
LAS has developed this tool for all municipalities who want access to a robust and current software tool but wish to enter all data,
and generate reports themselves - our "self serve" option. The EMT does however offer a "full serve" option for municipalities
who would rather have all data inputted by LAS and reports generated for user(s) on a regular basis. The details of both service
offerings are available from LAS.
To learn more about the EMT or take part in an upcoming Webinar session where LAS staffwill provide a walk-thru of the
EMT you can visit: hup://www.amo.on.cal/AM/Template.cfm?Section:Home5
LAS Electricify Program Flexibility
As a part of every completed LAS Electricity Program load profile there is an analysis completed to determine if there is an
opportunity for a unique purchase hedge for any accounts that are interval metered. The most common opportunity is a peak coverage
approach (5x16 power) with spot market settlement for all non-peak periods - i.e. evenings and weekends. It is up to the municipality
to determine if they would like to leverage the profile of their interval meter(s) or stay with a traditional "fuII" coverage model of
purchasing (7x2\. The LAS program aim is flexibility.
The LAS program allows for each municipality to customize their hedge approach. Each program member can determine if they want
to enroll all, or only some accounts. They can also choose the level of hedge and spot market exposure that best suits their comfort
level (to an upper limitof 75%o), and members can choose differing approaches for both interval and non-interval meters, if applicable.
Contact LAS to leam more.
Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 38 of 303
Audit++ Program Wraps Up
Work for the 42 Audit++s has been completed and LAS staff have distributed the 42 final case studies to all Ontario municipalities -
the packages \¡/ere sent to the Clerk.
The Audit++ has been a well-received addition to the municipal energy conservation toolbox and has helped make an impact locally.
The Audit++ program included a shared audit of diverse municipal facilities combined with a detailed cost-benefit analysis of
specific actions at each facility. This process went beyond the high-level strategic advice that can be offered in other forums to
provide municipal staff with a concrete blueprint to move forward to the implementation stage related to retrofit projects. This
initiative is meant to build capacity across the sector by highlighting operational and technological improvements that can improve
the energy efficient of similar facilities across Ontario's municipal sector.
The 42 facilities in the Audit++ Program covered a wide spectrum in terms of size, function, consumption, and equipment use - from
the 3,638 d works garuge in Frontenac Islands tothe210,700 ft2 recreation centre in Pickering.
The average size was just over 54,442 # for agrand program total of 2,286,584 d of audited space. In total, the 42 facilities
consumed over I 00,4 I 0,000 ekWh per year (55,966,000 of electricity and 44,444,000 of fuel) during 2007, resulting in 20,335
tonnes of greenhouse gas emissions! To sequester this amount of carbon we would have to plant approximately 33,000 acres of
forest (US EPA figures).
The Audit++ identified considerable savings potential:
NOTE: Equivalent kilowatt hours are used herein to normalize and combine energy used form elechicity, natural gas, and propane.
Greenhouse gas figures were generated using Environment Canada emission factors and are provided in equivalent tones of Carbon
dioxide throughout.
Considerable opportunities were identified in each of Ihe 42 facilities, ranging from routine maintenance procedures to dramatic
alterations of building operating systems that often included renewable energy systems. The average operating cost savings per site was
$26,980.95 on a total investment of $6,478,600 for all 42 sites, amounting to a simple payback of about 5.72 yearsl
The Audit++ Program was made possible as a result of a parürership with the Ministries of Energy and Public lnfrastructure Renewal
under the Province of Ontario's Municipal Eco-Challenge Fund (MECF).
Table #1: Audit++ Program Total Projected Savings
20579963 ekWh
7813063 ekWh 186025 eklVh
12766900 ekWh
Range :7ICOz" to 462tCO2"
$ 1,133,200Range : $5,600 to $l16,000 $ 26,980.95
Energy Conservation Week : May 17-23,2009
The Ontario Power Authority (OPA) is planning its second province-wide Energy Conservation
Week from }ilay l7 - 23,2009. The purpose is to remind Ontarians about the need for collective
action in reaching the province's short and long-term energy conservation goals and to promote a
"culture of conservation" among residents, businesses and organizations that saves them money
and benefits the environment. \v'\,vw.energyconservationweek.ca
for rnoe irfcrmation on L{5 pogramr corlacl
Jason l-lagan l'\S Proqan. Coorclhau
.,h¿gnoarno.onca I f¿l lól 971-9&56x 320 OR
5(0fl Votey, Enefry len (ñ CoordÙìaól
$o¡q|ooì,rþorrç¿ | falfl nlWftt r5l
ffu Local Authorlty Servlces Ltd
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Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 39 of 303
Local Authority Services Ltd. newsletter dated May, 2009 "En...
Page 40 of 303
May 20, 2009
Further Update on OMERS Specified Plan proposals
I
Munlcipal Employer Pension Centre of Ontario
ËË
\loa $As an update service, the proponents of the 3 contribution rate proposals have amended their proposals as outlined below. eli''ii
Proponent Original Proposal Amended Proposal Considerations
EDA lncrease contribution
rates up to 2.5% per
side, net of benefit
reduction equivalents
as approved by the
Sponsors Corporation.
Temporory increase contribution rotes by 0.5% per side
for each of the next five years less any savings orising
from the proposols being considered by the SC relating to
benefit plan design changes. This contribution rate
increase shall be mointained until such time as the year-
end valuotion report by the Plan's Actuory projects that
the increase will not be required to maintoin the
smoothed volue of the Plan's ossets equol to the plan's
actuoriol liabilities in which event the contribution rates
will be reduced to their level øs of Jon. 7, 2O0g os soon os
that may be lawfullv implemented.
Proposal still increases rates by 33%, phased-in over 5
years, still costing employers about S3OO million by
the end of the 5 year period; no certainty there will be
a return to the Jan 1/09 contribution rate whenever
smoothed value achieved; could be an employee
proposal to put excess amount in a reserve or increase
benefits. There is no guarantee that contribution
rates will ever return to Jan 1, 09 as a "first charge" on
surplus. Proposal potentially'locks' the contribution
rates indefinitely, not motivating the parties of the SC
to develop a long term funding strategv.
OPSBA File the December 31,
2008 valuation with
Contribution Rate
increases to total
L53% to eliminate the
Plan deficit of S2Z9 m.
File the December 37, 2008 voluotion with Contribution
Rote increases to total 75.3% to eliminate the Plan deficit
of 5279 m, until such time os the yeor-end voluation
report by the Plon's Actuary projects that the smoothed
volue of the Plan exceeds the Plon's octuorial liabilities, in
which event the contribution rates will be reduced to
their levels of Jonuary 7/09, as soon os thot may be
implemented in accordonce with PBA and FSCO
requirements.
Proposal has some similar considerations as the EDA
proposal but does not 'lock' the contribution rate
indefinitely.
Two contribution rate proposals still remain, which could result in a voting situation that attracts arbitration. The EDA proposal should be withdrawn in
light of all the considerations. While the amount of increase could be reduced if AMO's proposal to reduce the guaranteed indexin gto70% of Cpl
increases is accepted, the union representatives on the SC have indicated that they are not prepared to agree to this proposal and no other cost
reductions are currently being considered.
OAPSB The contributory earnings of a member
shall not exceed 150 per cent ofthe
member's contributory earnings,
exclusive of any incentive pay. An
employee shall be required to apply to
have such incentive pay included.
The contributory eornings of o member
shall not exceed 750 per cent of the
me mbe / s contri butory eo rn i n g s,
exclusive of any incent¡ve poy.
Llt
MEPCO is o subsidiary of AMO
Correspondence dated May 20, 2009 from Municipal Employer Pe...
Page 41 of 303
Page 42 of 303
NEWS
Ministry of Gulture
É\ tl.p
lrc-T€
ONTARIO MODERNIZING HISTORY THROUGH NEW TECHNOLOGIES
McGuinty Government Advancing Creative Economy Through Technology Fund
NEWS MaY 20, 2009
Ontario is strengthening the creative economy by helping cultural and heritage institutions
harness new technology to attract visitors and make local heritage more accessible.
The Museum and Technology Fund will provide $6.5 million over four years to organizations
such as community museums, art galleries and archives to take advantage of new technologies
that wíll improve access to their collections and contribute to local economic development.
A number of community museums in Ontario currently offer online exhibitions. The new fund will
provide matching investments to encourage similar programs and partnerships.
More details about the application criteria, guidelines and deadlines will be available later this
summer.
QUOTE
"Ontario's museums reflect the diverse and unique history of our province. This new fund will
help make museums centres of innovation in our new creative economy."
-- Culture Minister Aileen Carroll
"Museums across the province will be able to use technology to further their work in support of
education and tourism, reaching new audiences and creating greater access to the unique
collections of Ontario."
-- Ontario Museum Association Executive Director Marie Lalonde
QUICK FACTS
. According to the Ontario Museum Association, more than three million people visit Ontario's
community museums every year.. There are more than 400 community museums in Ontario, reflecting the diversity of
Ontario's histories and cultures.. ln 2007, Ontario increased annualfunding to community museums through the Community
Museum Operating Grant program to $5 million: nearly double the previous investment of
$2.7 million.
LEARN MORE
See a list of local communitv museums.
Sarah Petrevan, Minister's Office, (416) 325-1676
Lisa Roba rt, Com m unications Branch, (41 6) 212-3928
onta rio.calcu ltu re-news
Disponible en français
Correspondence dated May 20, 2009 from Ministry of Culture r...
Page 43 of 303
Page 44 of 303
lnformation and Privacy
Commissioner/0ntario
Commissaire à I'information
et à la protection de la vie privée/Ontario iircEIVEn
MAY 1 I 2009
MUNICIPALITY OF BAYHAM
ffcq
fat
May 73,2009
Dear Sir/Madam:
RE: 2008 Annual Report of the Information and Privacy Commissioner of Ontario
I am pleased to enclose a copy of my 2008 Annual Report, which covers the period from
January 1,2008 to December 31,2008.
In 2008, I revisited a concept I had developed in the 1990s - Privacy by Design - with a view
to extending its application. ln the years that I have served as a privacy regulator, I have
continually attempted to refine my views, approaches and methods of advancing privacy -
and 2008 proved to be a milestone. I tried to formulate a new paradigm for thinking about
privacy and security, resulting in the development of a new concept that I am calling
Tr ansfo rmativ e Techno I o gi e s.
This new concept began when the Toronto Transit Commission (TTC) announced its plans for
an expansion of its video surveillance program. The announcement resulted in a formal
complaint to my office from a U.K.-based organization citing concerns with the TTC's
proposed expansion of the use of video surveillance cameras as a violation of privacy laws. I
immediately launched an investigation which resulted in a report entitled, Prívacy and Video
Surveillqnce in Mass Transit Systems: A Special Investigation Report.In that report, I ruled
that the TTC's expansion of its video surveillance system did not contravene any of Ontario's
applicable privacy laws. As part of my investigation, I strongly encouraged the TTC to
conduct a pilot project to test the use of a privacy-enhancing video surveillance technology,
developed by researchers at the University of Toronto. In addition to this pilot project, the
TTC also implemented all of my recommendations and conditions which has resulted in what
I believe, is the world's most privacy-protective system of mass transist. Further, my
conditions were hailed by world-class privacy experts and were forwarded to the U,S.
Department of Homeland Security.
Another message that I give prominence to in this Annual Report is the need for an "on-off'
device for Ontario's enhanced driver's licence (EDL). The proposed EDL needs a higher level
of protection than presently exists because a radio frequency identity (RFID) tag will be
embedded into the card, which can be read not only by authorized readers, but just as easily
by unauthoized readers. An on-off device on the RFID tag would provide greatly enhanced
protection. I believe that the development of an on-off device for Ontario's EDL should be a
priority for our govemment.
In addition, I am calling on the government to correct a potential omission in the Freedom of
Inþrmation and Protectíon of Privacy Act rclated to publicly funded universities that were
brought under the Act in mid-2006. Due to the wording of an amended regulation, the
2 Bloor Street East
Suite 1400
Toronto, Ontario
Canada M4W 148
2, rue Bloor Est
Bureau 1400
Toronto (Ontario)
Canada lVl4W 148
Tel: 41 6-326-3333
1 -800-387-0073
FaxlTéléc: 41 6-325-91 95
TTY: 41 6-325-7539
www tpG.on.ca
Correspondence dated May 13, 2009 from Information and Priva...
Page 45 of 303
University of Toronto, in response to a freedom of information request received under the Act,
argued that Victoria University, an affiliated university, was not covered under the Act.I am
calling on the govemment to ensure that all affiliated universities are covered by the Act.
There is simply no rationale for these publicly funded institutions not to fall under the law.
Further, public awareness of PHIPA and of the complaints process, available through the IPC,
has continued to grow since the Act came into force in2004. As you will see in the Annual
Report, last year my office focused on participating in the Legislature's review of PHIPA. We
also conducted follow-up reviews of the information practices of prescribed entities and
prescribed persons that compile or maintain registries in Ontario.
My 2008 Annuai Report provides detailed statistical reviews for privacy complaints, freedom
of information requests, response rate compliance from government organizations, and
appeals regarding general records and personal information.
For further information regarding the
to visit our website at www.iÞc.on.ca
Sincerely yours,
IPC and Ontario's privacy and access laws, I invite you
Ann Cavoukian, Ph.D.
Commissioner
Enclosure
Correspondence dated May 13, 2009 from Information and Priva...
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Ministry of Natural Resources Ministère des Richesses naturelles
Lands and Waters Branch Direction des terres et des eaux
Land Management Section
300 Water Street
5ú Floor South
300, rue Water
5'élage sud
Fu
Peterborough, ON KgJ 8M5 Peterborough, ON KgJ 8M5
11 May 2009
To: Ontario municipalities, conservation authorities and land trusts
tnvitation for Applications
The Ontario Ministry of Natural Resources is pleased to invite your organizatíon to submit
applications for land securement funding to the Greenlands Ghallenge, a competitive funding
program through which the mínistry helps conserve Ontario's biodiversity.
The Ministry of Natural Resources provides funds through the Greenlands Challenge to
support the strategic securement of privately held lands, primarily in southem Ontario, to meet a
variety of objectives for biodiversity conservation.
The deadline for submitting applications is June 10, 2009. Proiects are onlv eliqible for
We will make every attempt to notífy appl¡cants of funding decisions wíthin 90 days of the
application deadline.
Please feel free to contact Greenlands(Ðontario.ca or 705-755-5123 during busÍness hours to
discuss the Greenlands Challenge and how your organizatíon might become involved. An
Apptication Form and Guidelines for Applicants are included in this emãÍl and availabfe online at
ontario.calgreenlandschalfenge. Applicants are asked to submit by the submission deadline one
electronic copy of the completed Application Form and electronic copies of supplernentary
materials such as Agreements of Purchase and Sale and maps, as outlined in the Guldelines for
Applicants.
Sincerely,
Pauline Desroches
Manager, Land Managernent Section
Ontario Ministry of Natural Resources
Correspondence dated May 11, 2009 from Ministry of Natural R...
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TowN op CnteooN
_J
MEDIA RELEASE
no
FOR IMMEDIATE RELEASE
May 25,2009
MAYORS SUPPORT FREE TRADE WHEN IT'S FAIR TRADE
The Greater Toronto Area Countryside Mayors Alliance (GTACMA) has long recognized the benefits that Free
Trade between the United States and Canada has provided to municipalities on both sides of the border.
However, at their meeting on May 22,2009, it was resolved that the American Recovery and Reinvestment Act
(ARRA), commonly referred to as the 'Buy American' act, is contrary to the spirit of free trade.
'This Mayors' Alliance believes in Free Trade, but more importantly in Fair Trade,' said Town of Caledon Mayor
Marolyn Morrison, chair of the GTACMA. 'The restrictive measures of the American Recovery and
Reinvestment Act essentially prevent Canadian companies from bidding on American contracts. ln Canada,
we have no such restrictions. This is simply not fair, nor is it good business practice.'
ln addition to the North America Free Trade Act, Canadian municipalities are governed by several other pieces
of legislation which promote open and fair competition: the Discriminatory Business Practices Act; and the
lnter-provincial Agreement on lnternational Trade; the Federal Competition Act. Even the Canadian Charter of
Rights provides for fair competition in a free-trade environment, regardless of geographic location.
ln their resolutions, the GTACMA also announced their support of the Canadian Manufacturers and Exporters
in their quest to have the United States Congress reconsider and repeal the 'Buy American' requirements.
Additionally, the GTACMA is requesting that the Federation of Canadian Municipalities consider the resolutions
from this May meeting be presented at the annual convention in June, and will be forwarding their resolution
package to the Prime Minister of Canada, the Premier of Ontario and the Federal and Provincial Ministers of
Trade and lndustry, in addition to the Association of Municipalities of Ontario and the Canadian Manufacturers
and Exporters Association.
'Given the fundamental differences between the Free Trade agreement which was drafted in the spirit of fair
and open commerce, and the restrictions of the current'Buy American' economic stimulus plan, there is now a
need to find a way to make companies in both countries equal. This is not only good for the economy, it's just
good business,' said Mayor Morrison.
The Resolutions from the May 22,2009 meeting, moved by Halton Hills Mayor Rick Bonnette, and seconded
by Township of Scugog Mayor Marilyn Pearce, are aftached for your reference.
ABOUT GTCMA:
The Greater Toronto Area Countryside Mayors' Alliance is comprised of Mayors from municipalities with populations
under 100,000. These municipalities include: the town of Aurora, the township of Brock, the town of Caledon, the
municipality of Clarington, the town of Georgina, the town of East Gwillimbury, the town of Halton Hills, the township
of King, the town of Milton, the town of Newmarket, the township of Scugog, the township of Uxbridge, the town of
Whitchurch-Stouffville and the city of Pickering. The GTCMA monitors and evaluates Provincial policies, procedures,
and regulations, provides input and conducts research for the enhancement of local govemment in the countryside
municipalities of the greater Toronto area, and advocates for changes to proposed legislation on behalf of members.
- 30-
Media Gontact:
Laura Johnston I Communications Specialist, Economic Development & Communications Department
905.584.227 2 x4 1 06 | la u ra. ioh n sto n@caledon.ca
TOWN HALL
6311 Old Church Road, Caledon, 0N L7C 1J6
905.584.2272 | 1.888.CALEDON I ru 905.584.4325 | www.caledon.ca
MR-200$036
Correspondence dated May 25, 2009 from Town of Caledon regad...
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-1 Clo
THE GREATER TORONTO AREA COTJNTRYSIDE MAYORS'ALLIANCE
Date: May 22,2009
Moved by: Mayor Rick Bonnette (The Town of Halton Hills)
Seconded by: Mayor Marilyn Pearce (Township of Scugog)
WHEREAS the world's economy has entered into a period of slow economic g¡owth;
AND WHEREAS Governments throughout the world have introduced various stimulus
packages to encourage economic growth;
AND WHEREAS the United States of America is Canada's largest trading partner and a
signatory of the North American Free Trade Agreement;
AND WHEREAS the Greater Toronto Area Countryside Mayors' Alliance is supportive
of Free Trade between Canada and the United States which has existed for many years;
AND WHEREAS the Govemment of the United States of American has introduced
infrastructure stimulus packages including the American Recovery and Reinvestment Act
(ARRA) which includes "Buy American" provisions for steel and other manufactured
products;
AND WHEREAS these restrictive provisions which are contraryto the spirit of free trade
will prevent Canadian companies from bidding on contracts which contain the "Buy
American" provisions at the municþal and state levels in the United States since NAFTA
and The General Procurement Agreement of the World Trade Organzation do not nulliff
such provisions at those levels;
AND \MHEREAS Canadian stimulus infrastructure programs do not contain any
restrictions on manufacturers from other countries including the United States bidding on
such contracts in Cartada;
AND WHEREAS Canadian companies maybe adversely affected bythese restrictions
possibly leading to lay-offs and financial losses and further could lead to the erosion of
their overall viability;
NOV/ THEREFORE BE IT RESOLVED that the Greater Toronto Area Countryside
Mayor's Alliance (GTACMA) is supportive of Free Trade between the United States and
Canada and that the restrictive "Buy American" provisions in the American Recovery
and Reinvestment Act are contrary to that spirit of free trade;
Copy of resolution passed May 22, 2009 by the Greater Toront...
Page 51 of 303
AND FURTHER THAT IT BE RESOLVED that the GTACMA supports the Canadian
Manufacturers and Exporters in its quest to have the United States Congress reconsider
and repeal their current "Buy American" requirements for the United States stimulus
packages;
AND FURTHER THAT IT BE RESOLVED that Canadian municþalities adopt a
procurement policy that future Canadian Infrastructure projects at the municipal level,
including environmental projects such as water and wastewater treatment projects,
require that any goods and materials required for the projects be bought only from
companies whose countries of origin do not impose local trade restrictions against goods
and materials manufactured in Canada to better ensure open, fair and competitive
practices across the globe;
AND FURTHER THAT IT BE RESOVLED that the GTACMA requests the Town of
Halton Hills to present this resolution to the Federation of Canadian Municipalities for
their consideration of endorsement, with a request that it be presented at its annual
convention June 5-8, 2009;
AND FURTHER THAT IT BE RESOLVED that a copy of this Resolution be forwarded
to the Prime Minister, the Premier of Ontario, the Federal and Provincial Ministers of
Trade and Industry, the Regions of Durham, York, Peel, Halton and all municipalities
therein, the Association of Municipalities of Ontario (AMO) and the Canadian
Manufacturers and Exporters Association (CME).
Motion carried,
Mayor Marolyn Momson
Chair
Greater Toronto Area Countryside Mayors' Alliance
DISCLAIMER
This materiat is provided under contract as a paid service by the orþinating organization and does not necessarily reflecl
the view or positions of the Association of Municipalities of Ontario (AMO), its subs¡d¡ary companies, officers, d¡rectors or
agenls.
Copy of resolution passed May 22, 2009 by the Greater Toront...
Page 52 of 303
RIDING OFFICE
3850 F¡nch Avenue East
Suite #206
Scarborough, Ontario M1T 3T6
Iel: 416-321-5454
Fax: 416-321-5456
May 2009
HOUSE OF COMMONS
CHAMBRE DES COMMUNES
WWW KARYGIANNISMP COM
t;'
OTTAWA FFICE
231 West Block
House of C mmons
Ottawa, Ontario K1A 0A6, ll Ë | V Ei i l:l:i:"""j:îl
U
[lAY ? o ?¡1¡¡g
f)
i4il\Ii{ltPfit i IY rii: n | \/11,4i\lMayor Lynn Acre
The Municipalify of Bayham
9344 Plank Road
Box 160
Straffordville, Ontario NOJ lY0
Dear Mayor Acre
Re: Bill C-319 An Act to amend tlrc Motor Velùcle Søfetv Act (speed linúters)
I am wnting to seek your support for Private Member's Bill C-319 (formerly C-568), which received First
Reading in the House of Commons on February 12,2009.
Bill C-319 will amend the Motor Vehicle Safefy Act to include prohibitions against the manufacture,
importation, sale, lease, operation and release afTer repair of motor vehicles manufactured after January 1,
2010, if they are not equipped with a speed limiter that is engaged and set to a maximum speed that is not
greater than 150 kilometres per hour.
According to Transport Canada,2,889 Canadians died in vehicle collisions in2006 (latest reporting year).
Transport Cânada also reports that speeding was involved in close to two-thirds of these accidents. The
legislation rvould require all vehicles manufactured after January 1, 2010 to be equipped with speed
limiters so vehicles cannot travel at more than 150 kilometres per hour, First responder vehicles or other
vehicles used in emergencies would be exempt,
For your information, I have enclosed a copy of Bill C-319, An Act to amend the Motor Vehicle Safety Act
(speed limiters). The press release with respect to the Bill can be viewed at
http://karl giannismp.com/spip/article,php3 ?id_article:985.
Should you require additional information on this matter, please do not hesitate to contact me af 416-321-
5454, at the address above, or by email at iim@karygiannismp.com.
Working together we can stop the carnage on our streets and highways.
Sincerely,
fuur*
Jim Karygiannis
Sc arborough-Agincourt
HON. JIM KARYGIANNIS, M.P.
SCARBOROUGH - AGINCOURTl*I
Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P...
Page 53 of 303
Page 54 of 303
c-319
Second Session, Fortieth Parliament,
57-58 Elizabeth ll, 2009
c-319
Deuxième session, quarantièrne législature,
57-58 Elizabeth ll, 2009
')
Ì
HOUSE OF COMMONS OF CANADA CHAMBRE DES COMMUNES DU CANADA
BILL C.319 PROJET DE LOI C.319
An Act to amend the Motor Vehicle Safety Act (speed limiters) Loi modifiant la Loi sur la sécurité automobile (limiteurs de
vitesse)
FIRST READING, FEBRUARY 12,2009 PREMIÈRE LECTURE LE 12 FÉVRIER 2OO9
I
) 4o2os2
MR. KARYGIANNIS M. KARYGIANMS
Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P...
Page 55 of 303
SUMMARY
This enactment amends thè Motor Tehicle SafeС Acl to irclude prohibitions
against the manufacture, importation, sale, lease, operation and release after
repair of motor vehicles manufactured after Jânuary l, 2010 if they are not
equipped with a speed limiter tlut is engaged and set to a maximum speed that
is not greater than 150 ki.lomekes per hour.
SOMMAIRE
Le texte modifie Ia Loí sur Ia sécuritu! automobile afrn d'y intégrer
I'interdictiolr de fabriquer, d'importer, de vendre, de louer, de conduire ou de
rcmettrc- après repatation un véhicule automobile fabriqué apres le l"' janvier
2010 qui n'est pas rnuni d'un limiteur de vitesse activé et reglé à une vitesse
maximale ne dépassant pas eent cinquante kilomènes å I'heure.
)
I
¡
)AIso available on the Parliament of Canada Web Site at the following address;
http://wwwparl.gcca
Aussi disponible sur le site Wbb du Párlsment du Canada à l'adresse suivante
http://www.parl.gc.ca
Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P...
Page 56 of 303
2nd Session, 40th Parliament,
57-58 Elizabeth n, 2009
HOUSE OF COMMONS OF CANADA
BILL C-319
An Act to amend the Motor Vehicle Safety Act
(speed limiters)
2" session, 40" législahrre,
57-58 Elizabeth Il, 2009
CHAMBRE DES COMMUNES DU CANADA
PROJET DE LOI C.319
Loi modifiant la Loi sur la sécurité automobile
(limiteurs de vitesse)
rss3.c t6 Her Majesty, by and with the advice and SaMajesté, sur I'avis etavec le consentement
consent of the Senate and House of Commons du Sénat et de la Chambre des communes du
of Canada, enacts as follows: Canada, édicte:
1. The Motor Vehicle Søfety Act is l. La Loi sur lø sécurité sutomobile est
amended by adding the following after 5 modifiée par adjonction, après I'article 5' de 5
section 5: ce qui suit:
402052
Restrictions
fabricèt¡on,
importation,
vente et location
Obtigation du
répÂÊteur
1991, ch 16
Application
Définition dc
< limileur dc'
vltessc D
Reshiction-
conduite d'un
véhicule
Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P...
Page 57 of 303
Motor Vehicle Safety þpeed limiters)57-58 Euz.II
cles or other vehicles that are used for the
purpose of emergency or vehicles that belong to
a class of vehicles that is exempted from the
application ofthis section by regulation.
ment les véhicules de lutte contre les incendies,
les ambulances et les véhicules de police-et
des véhicules appartenant à une catégorie de
véhicules exemptée par règlement.
Published under authority of the Speaker of the House of Commons Publié avec I'autorisation du président de la Chambre des cornmunes
,',
I
)
Available from:
Publishing and Depositor! Services
Public Wo¡ks and Govemment Services C¿iLnada
Ottawa, Ontario KIA 0S5
Telephone: (613) 941-5995 or l-800-635-7943
Fax: (613) 954-5779 or 7-8A0-565-7757
publications@pwgsc. gc. ca
http://publications. gc.ca
Disponible aupres de:
Les Éditions et Services de dépôt
Travaux publics et Sewiies gouvemoment¿ux Canada
Ottawa (Ontario) KIA 0S5
Téléphone: (613) 941-5995 oìr l-800-635-7943
Télécopieur : (613) 954-57 7 9 ou l-800-565-7757
publications@þsgo. gc.ca
http ;//publications. gc. ca
Correspondence dated May 2009 from Hon, Jim Karygiannis, M.P...
Page 58 of 303
ø5/29/2øø9 LØ:41-519-63L -9478 STEVE PETERS MPP
S
PAGE øL/ZL
Peters M.P.P, EA,t
Elgin-Mlddlesex'London ryp
Steve
nîô-r
For lmmedíafe Re/ease May 29,2009
Funding for lkietter buildings, better learning
, provincial govemment hetpìng local pubtic schoolsfudenfs succeed
ST, THoMAS -The Ontario govemment is hetping children and youth have þetter places to leam by providing
funding to improve publicly funded schools.
Local students in st. thomas, Lambetfi and Tillsonburg will benefit from provincial govemrnent funding for new school
accommodations and improvements fls part of a $500 míltlon povino+wide investment.
The London District Catholic School tloard will receive $5 million to build a nêw addition at St. Joseph's High School
in St. Thomas.
Thames Valley District Sohool Board will receive:
. $6.1 mittion to build new school accommodations at A.E. Duffield Public School in Lambeth
. $6.2 miilion to build new school accommodations at Glendale High School in Tillsonburg
improve schools and make schools better places to leam-
g schoolfacifities and reconfiguring scfrool spece to reduoe
as work for local companies and helps to support a stronger,
greener economy-
"Buildíng and improving school facilities creates safe and engaging places.for our students to leam and grow,n Elgín'
Middtesãx-London MpÞ Steve Peter¡i said. "This kind of significant education investnent will go a long way to support
looal students for generations to comê.n
QUICK FACTS
. ln April 200g, the Ontario government announced a $550 million investment to help over 1,000 schools become
more energy efficient, creating anrJ sustaining over 5,500 jobs.
r Since ZOOã, ttre provincialgovemment has invested $4.8 billion through the Good Places to l.eam Program. So far,
alrnost tZ,OO0 sðhool renewal prqiects, wtrich include replacÍng roofs, windows and boifers, are comPleted or
underuvay in schools across the pl'ovince.
LEARN MORE
Read ú¡e govemment's vision for edtlcation,
-30-
For more information contâcfi Craig Bradford, Communícâtions Aesistant, (519) 6314666'
Gonsffiuollcy 0lÏfico:âil2TrlÍot suecL $ In0mfl$, 0flhflo llSP lcf
Tel¡ t5191681-11060 ftnrc lSfOI 631-04?8 E-malt s[0te]s.mm.c0@ll[e]f,l.0lilllU
Press Release dated May 29, 2009 from Steve Peters, M.P.P. E...
Page 59 of 303
Page 60 of 303
Mr. Gerry LeMay, l\il\
'We are doing research for Trent University on southern Ontario's population of badgers.
Very little is known about the badgers here and we are particularly interested in learning
what sort of habitats they use and what their main prey is.
Vy'e are using some new technologies in wildlife forensics that allow us to answer some
of these questions from the bodies of road-killed badgers, using their DNA and chemicals
in their claws. In fact, due to how rare sightings of live badgers are, road-killed animals
might be our biggest source of information.
We are sending the enclosed material to you in the hopes that you can pÍISS it along
through your cïew since roads maintenance crews are some of the most likely people to
see a road-killed badger. If anyone sees one, we have a toll-free hotline for reportingarLy
sightings, and we'll get out there immediately to pick it up. Aside from road-kills, we are
identiffing areas of badger activity by their burrows. Since badgers like to hunt on
embankments on forest and field edges, these diggings are often visible from the road.
Any badger related sighting would be very helpful to us.
We have more information about badgers and the current research online at
www.ontariobadgers.com and we can be reached toll-free at l-877-715-9299.
Thanks for your help,
Danielle Ethier and Josh Sayers
ü
JL [) Ë IV E
I
MAY 2 I 2009
MI INIüIPALITY í]F B,qYHAM
Correspondence received May 29, 2009 from Danielle Ethier an...
Page 61 of 303
Keep Badgers part of ournatural heritage!It is estimated that there are fewer than zoobadgers left in Ontario. However, virtuaþnothing is known about them, making it dif-ficult to know where to begin with conserva-
tion. To protect this endangered species, we
must first answer some basic ecological
questions. With your help, we can learn
more about what is actually going on with
our badgers and create a conservation plan
that works for both badgers and people.
We would. Iíke to heør frotn gou!
CÚ
E€k
'&
o
o
a
How can yon help?
Report anybadger sightings, road-
kills and possible burrows to the On-
tario Badger hotline (toll-free t-877-
7L1-g2gg, info @ ontariobadgers.com)
Watch for wildlife
Appreciate badgers and their prey
Consider donating a claw samPle if
you have a mountedbadger
Keep an eye out for researchers in
your area
TRENT\-uNrvERPhone toll-free:
r-877-TtS-9299
Ernail:
info @ ontariobad.gers. corn
\ovtr sr¿pport Ls ØreatL¿
aPP YecLaled,\
For more inforrnation on
badger research in your
cornmunity, visit us at:
lrrvvrM. ontariob adgers. corll
Funding for this brochure provided by the
Species at Risk StewardshiP Fund
(Ontario Ministry of Natural Resources)
ntario
!v!vr/v. ontariob adgers. corn
Phone toll-free:
r-877-715-9299
Email:
info @ ontariobadgers. com
@Richard Klafki
Correspondence received May 29, 2009 from Danielle Ethier an...
Page 62 of 303
DidYou Know?Badgers are a medium-sized carnivore(slightly larger than a raccoon), with adistinct black and white facial pattern,flattened stature, and coarse gray-yellowfur.They are powerful diggers with strong
front legs and long claws.
They feed mainly on small mammals,
such as groundhogs (also called wood-
chucks or gophers), squirrels, chip-
munks, rabbits, voles, and mice.
They are not known to feed on anything
bigger than groundhogs and are no dan-
ger to livestock. In fact, their consump-
tion of small mammals can be a service
in some areas.
Badgers are quite nomadic and can
move great distances in a short period of
time.
They are mostly active at night and tend
to avoid people.
Badgers are officiaþ listed as endan-
gered in Ontario due to their low popula-
tion size and restricted range.
With gour help, we can ensure that badgers
continue to suruiue in Ontario!
What Do Badger Burrows LookLike?Badgers dig for both prey and shelter andleave very noticeable burrows that indicatetheir presence in an area. Slopes found aroundthe edges offields and on road banks, are thebest places to find their diggings.
A typical badger burrow is 3ocm (r ft) in di-
ameter, with a large fan of excavated dirt at
the entrance. Unlike other animals, badgers
dig with a "breast-stroke" movement, which
means that the entrance of the burrow is often
wider than it is tall. Badgers have long front
claws that can leave long scratches on the in-
side walls of a burrow.
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What is being Done?Research is currentþ underway in yourcommunityto learn more about badger dis-tribution, abundance, movement, habitat,and diet. Several different approaches arebeing taken:
r. Wildlife forensics. By determining the
"chemical signatures" in a badger's claw
and comparing them to chemical signatures
in the local soils, we can determine what
kind of habitat an individual was living in
and moving through during the time the
claw was grown. Claws will be collected for
analysis from badgers killed on roads,
mountedbadgers, and museum specimens.
Soil sampling will also take place to map
the chemical signatures across southern
Ontario.
z. Radio-telemetry. Badgers will be cap-
tured and outfitted with a radio-transmitter
to track their movement and preferred
habitat over the course of the summer.
Keep an eye out for researchers in your
area!
3. Genetics. Hairs collected from "hair-
snag stations" set at suspected badger bur-
rows will be used to determine the genetic
fingerprint of individual badgers. This will
give us a better idea of the population size,
movement, and the extent of any possible
inbreeding of badgers living in Ontario.
4. Badger sigþtings. Your reported sight-
ings will be used to identify areas of current
badger activity. This will help us construct
an updated distribution map, and also to
identify key areas for hair-snagging and live
-trapping efforts.
For more information, visit:
Correspondence received May 29, 2009 from Danielle Ethier an...
Page 63 of 303
Page 64 of 303
Mayor Lynn Acre and Members of
Municipality of Bayham Council
Il'4.ay 25,2tt9
,lr_0ËlvED
MAy Z q ?009
MUNIÛIPALITY t) F ßAYllAfVI
RE. Martin/Mocs eberger
Fast Food Booth
Throughout the summerboating seâson ourboating cusforners a¡e al¡¡ost continualiy
asking-us if rve have any food./munchies for saie at our marina, both rvhen they are
headiãg out on Lake Erie lo Frsh and on their return. 'TVe do not selt f'tx¡<l shrfÏs ¿t our
Marina so they are unabie to satisfy their hungerifood cravings.
The4aÉiniwæseberger proposal t+ esþ'nlish a fast food booth nea¡ their fish market
and our Marina *e *ee ur a great soiution to ihe many food requests we reeeive'
in my opinion neariy lttù/ø<¡f the customers the "M&M" food booth '*auld sttract would
be the boaters of nradfield's (our) Marina. These boaters are driving vehicies lvhich are
torving boat trailers with theii boats and expensive fishing equipment in them" -fhey u'itrl
no{, añd do not, go to the main business area of Port Bunteil bec¿use of lack of aciequate
purling for their tong vehicles, i-e.cars/pickups with attached boat traiÏers, and also
t""uoo they don't w-ant to take a chance someone witt hetp themselves to their frshing
equipment while they are in a restaurant getting something io eat, so thel'go home
hungry.
The M&M fast food booth would be one more way of getting these tourisi/b<laters to
leave more tourist dolla¡s in the Muru'cipality of Bayham. And also some of these
business that have small beginnings, eventually become big businesses'
We support the "M&M" fast food booth 100% and hope that the Municrpality of Bayham
wili gi; thçse local entfepfenures , as quickiy as possible, the approvais they need to
operate.
& Bonnie
BR,ADFIELÐ'S
Correspondence dated May 25, 2009 from Bradfield's Marina re...
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Page I ofl
Lynda Millard
From: Sandra Maertens
Sent: Monday, June 01, 2009 1:22PM
To: Lynda Millard
Subject: FW: ESA 2007 Habitat Regulations
Frcm: R. Fowler [mailto:opera@bmts.com]
Sent: Monday, June 01, 2009 1:20 PM
To: Bob Fowler
SubjecE ESA 2007 Habitat Regulations
ATTENTION MUNICI PAL STAFF:
Please ensure this message and its attached Memorandum
is forwarded to Head of Council for review by full Gouncil.
Thank you
R.A. (Bob) Fowler, Secretary
Ontario Property and Environmental Rights Alliance
Phone: 519-323-2308 / Fax: 519-323-0289
E-Mail: www.bmts.com
6/U2009
Memorandum from Ontario Property and Environmental Rights Al...
Page 67 of 303
ONTARIO PROPERTY AND ENVIRONMENTAL RIGHTS ALLIANCE
Unit "A', 135 Church Street, North, Mount Forest, Ontario, NOG 2L2
Phone: (519)323-2308 / Fax (519) 323-0289
E-Mail: ooera@bmts.com / Web Page: www.bmts.com/^opera/
TO: Ontario Municipalities
OPERA Members & Supporters
FROM: R.A. @ob) Fowler DATE: June 1,2009
OPERA Secretary
RE: Species Habitat Regulations Emerging from Endangered Species Act (ESA) 2007
Before and after its enactment on June 30, 2008, OPERA issued numerous ESA 2007 bulletins and editorials, and
on March 7 of that year, we attended an MNR information session as well as a long conference call on MarchZ7.
During both those events a number of participants expressed serious reservations about many aspects of ESA
2007. On both occasions, lvfNIR officials advised habitat regulations for 9 species would be submitted for policy
approval by June 30,2009.In the interim, they pledged more public meetings, official response to suggestions
received, broader notification, improved clarity and careful attention to stated concerns of affected landowners.
In August, 2008 a Species at Risk Public Advisory Council (SARPAC) was, in fact, appointed. Consisting of 14
members, several of whom were part of the envi¡onmental ca¡tel that initiated the Act, this tribunal evidently has
no municipal representation at all and only one member qualified by occupation to speak for private landowners,
the folls whose lives and property are most affected by the ESA. h casino parlance, it's called a st¿cked deck!
We are unaÌtrare of any further interim MNR action on the ESA file. But on May 15, 2009, almost a year after
passage of the Act, an MNR e-mail announced habitat regulations for 9 species would be discussed ataMay 25
meeting to which participants in last year's debates were invited. Accordingly, OPERA joined MNR staff and
about 60 guests in down-town Toronto where writtenMinutes of that meeting were promised inthe week of May
31and where some items of critical and abiding interest were unveiled. Some examples:
1. Ät present, actual maps of protected habitat are available for only 2 areas
2. Protected habitats can include all land/water within several miles of identified sites
3. No written definition of what '6protection" means in each of 9 species classifications
4. MI\R warning letters were mailed on or about May 15 to 8000 affected landowners
5. There will be no further public meetings anywhere in Ontario re: habitat regulations
6. Right of appeal or capital compensation for production and equity losses is not offered
7. Farm operations, power lines, municipal drains, etc. are subordinated to designated habitat
8. In some cases whole counties and townships are listed as designated habitat of named species
9. No mention of "strict liability" for convicted violators or $250,000. fines blended with jail time
10. MNR endangered species database invented 13 years ago relates to current MNR letter campaign
OPERA urges affected municipalities and landowners to submit, before June 15, appropriate Internet comment
regarding Regulations released, on two weeks notice, ten months after relevant legislation was approved.
Google EBR Registry Number 010-6490; click "Environmental Registry"; click "Submit Comment" in
bottom right panel; complete "Contact" data; type comment of any length in "Comment" box ; follow
sending instructions after inserting comment
"to protecg ønd entrench in løw, Iandowner rights ønd responsibilíties"
Memorandum from Ontario Property and Environmental Rights Al...
Page 68 of 303
Page I of2
Lynda Millard
From: Sandra Maertens
Sent: Monday, June 01, 2009 12:57 PM
To: Lynda Millard
Subject: FW:Town of Fort Erie
F¡om: Joy fmailto jbarton52@cogeco.ca]
Sent: Monday, June 01, 2009 11:07 AM
To: Sandra Maertens
Subjecü Town of Foft Erie
Dear Mayor Acre and council
The people in Fort Erie Ontario are fighting to stop the closure of our Community Built
Hospital by LHIN, NHS, and the Government and are try¡ng to get other Towns and Cities
to help us in this fight. We have bought yellow shirts with NO printed on them to signify that
we will fight for our hospital. (see attached sign)
Several Mayors who have their hospitals closing have decided to work together to stop this
heartless move on small community hospitals as it leaves the inhabitants of the condemned
areas at a life threatening risk.
ln our case we are one of the fastest growing areas in Niagara we are a major crossing
point to the U.S.A and are on the shores of the Niagara River and Lake Erie. We have
30000 population yearly and it rises to about 40000 in the summer months. These people
are entitled to the same quality of medical help and safety within a reasonable distance
and time of those living in St. Catharines an hours drive away. Our whole large lake front
area (Fort Erie through Wainfleet) will have no immediate medicalfacility.
We are not fighting their new hospital but the taking away our right to life the taking away of
our hospital seruices and the raping of our equipment.
We want to have a chance of survival for our families and ourselves in an medical
emergency and we want to have active beds so that our loved ones can have their family
doctors treat them and their family able to visit them often.
We do not have public transport to reach the other emergency rooms so the taxi fares
would be enormous. The other hospital emergency rooms are already overcrowded and
having to add our population to them would mean hours long waiting lines. We would
become numbers not people and our family doctors not able to practice their skills.
Please contact Mayor Doug Martin and add your support or email me and I will get it to
him.
Mayor Doug Martin 905-894-1600 orJoy Russell - jbartonS2@cogeco.ca
61U2009
Email correspondence dated June 1, 2009 from Town of Fort Er...
Page 69 of 303
Page2 of 2
Please keep in mind that they are closing us in September 2009 and there are other
hospitals being closed across Ontario. Services are being taken from hospitals and given
to the Mega Hospitals that are being built so there will be more closings in the future.
Two sites worth looking at with regards to our peaceful protest
Click on the address below to see a slide show put out by a local newspaper. I put it here
with their permission.
CHCH news in Hamilton covered the rally and they have a video clip that can be watched.
Http://www. chtv.com :8O/ch/chchnews/video/index. HTM L
Respectfully
Joy Russell
3800 Dominion Rd.
Ridgeway On
LOS 1n0
905-894-4085
6/t/2009
Email correspondence dated June 1, 2009 from Town of Fort Er...
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CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: illf.ay 26,2009
FROM: Planning Coordinator/Deputy Clerk FILE: A09.MPOL
SUBJECT: Road Access and/or Water/Sewer Services NUMBERID2009-20
Amended Policy and Permit
Purpose
To consider an amended Road Access andlor Water/Sewer Services Permit and Policy.
Background
On April 16, Council considered and approved a Road Access and/or V/aterlSewer Services Permit and
Policy for dealing with municipal road access and water/sewer services installation requests.
Staff Comments
After further discussion, municipal staff feel it necessary to revise the policy and permit to include the
option to collect a security deposit. A security deposit ensures that the installation and restoration of
municipal lands are completed should circumstances arise when the municipality needs to complete the
works due to applicant default.
Each application will be considered individually. At staff s discretion, a minimum security deposit of
$2000 will be collected. Should the proposed works require extensive road cuts and road allowance
repair, staff will require the applicant to provide a written estimate of the works. The security deposit
will be then based upon the estimated costs. Once all works are completed to the satisfaction of the
municipality, the security deposit will be refunded to the applicant.
The Revised Policy and Permit will be in place to ensure responsible completion of municipal services
and road access installations.
Attachments
1. Revised Road Access and Water/Sewer Services Policy
2. Revised Road Access and V/aterlSewer Services Permit
Strategic Plan Goal(s)
Goal # 1 Practice responsible financial management
Goal # 2 Ensure reliable, well-maintained and secure infrastructure
Goal# 4 Be dedicated to service excellence
RECOMMENDATION
íTHAT StaffReportD2009-20 regarding the Revised Road Access and Water/Sewer Services
Policy and Permit be received;
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Staff ReportD2009-20 Revised Road Access Water/Sewer Svcs Permit
AND THAT Council adopt the revised Road Access and/or Water/Sewer Services Permitwith
the policy and procedures as outlined in StaffReport D2009-20."
Planning Coordinator/Deputy Clerk
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ITY OF BAYHAM
OCEDURE
SUBJECT: ROAD ACCESS AND/OR WATER/SEWER SERVICES PERMIT
EFF'ECTIVE DATE:April 16,2009 Revised Jvne 4,2009
PURPOSE:To establish a policy and guideline for property owner(s) requests for municipal
road access, water and/or se\ryer services installations from the mains to the
property line.
All Municipal staff shall follow this policy and guideline.SCOPE:
Policv
Effective immediately, all requests for road access, water main connections and sewer main connections
shall be subjectto the approval of a"RoadAccess and/or Water/Sewer Services Permif'. Exception: for
requests to install water/sewer services to three or more adjacent lots, a Development Agreement shall be
required.
Procedure
1. Each request for a municipal road access shall require a "Road Access and/or I7'ater/Sewer
Services Permif'.
2. A request for a connection to the water main and/or sewer main to a property line for up to a
maximum of two adjacent lots shall require one "Road Access and/or Water/Sewer Services
Permit".
3. Copies of the permit application are available from the Chief Building Official, Manager of Public
Works, WaterAMastewater Superintendent and filing cabinet at front reception.
4. A property owner must complete, sign and submit the permit application to the municipal offrce
for processing with the applicable fee as per the most current Rates and Fees By-law.
5. The appropriate staff member (Manager of Public Works and/or Water/TVastewater
Superintendent) shall review the permit application for completeness, speciff the requirements for
the proposed works and determine the amount of securþ deposit. It will be at the discretion of
municipal staff to determine the need for a formal written estimate for works upon which to base
the securþ deposit amount. The applicant shall obtain and provide such written estimate to
municipal staff.
6. The appropriate staff member shall provide signed approval on the permit.
7. A photocopy of the permit shall be provided to the propefty owner.
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8.
9.
-Page2 -
It is the property owner's responsibilþ to notifu the office for an inspection of completed works.
The appropriate staff member shall inspect the works and if complete, sign and date the original
permit.
10. If the works are not completed to the municipalþ's satisfaction, the appropriate staff member
shall contact the properly owner to discuss the outstanding concerns and determine a completion
date.
Once all works are approved as complete, the permit shall be filed as applicable:
o in the designated roll file or
o in the case of a severance and a roll number is not determined, it shall be placed in File
Pl I.RAWSS in the RMS Filing System for reference in future development or
o provided to the Chief Building Official to attach to an active building permit
ln the case of the permit being a condition of an application for consent:
a) the Road Access portion of the permit must be approved to satisfu the condition of
severance. lnstallation of the access would remain the responsibility of the builder as per
the approved permit. Should the builder require a change to the permit, a new permit with
the applicable fee is required.
b) the Water/Sewer Services poftion of the permit must be approved, services installed and
full restoration completed to the satisfaction of the municipalþ to satisff the condition of
consent.
Word/policy/Road Access and...
...2
11.
12.
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THE CORPORATION OF
TIIE MUI\üCIPALITY OF BAYHAM
Box 160, 9344 Plank Road, Straffordville ON NOJ lYO
Phone (519) 866-5521* Fax (519) 866-3884 Permit #
Property Roll # 34-01-00
ROAD ACCESS A¡ID/OR WATER/SEWER SERVICES PERMIT
SECTION 1 - PROPERTY OWNER INFOR]VIATION Date
Property Owner(s) Name:
Applicant's Mailing Address
Postal Code
Telephone No.Fax No.Cell
SECTION 2 _ LOCATION AND DESCRIPTION OF WORK
9l I # and StreelRoad Name
Concession Lot Plan
Description of 'Work
Side of Road (Circle One) North South East West
Proposed Start Date Estimated Completion Date
NOTE: A plan/sketch showing the location of the above described work and./or service MUST accompany this
application on the back. All relevant measurements and depth of work will be shown. Ifthis permit is for the
purpose ofconstructing or altering an entrance please define the a¡ea so that the exact location may be
inspected. (i.e. stakes at property line, paint lines etc.)
SECTION 3 - CONTRACTOR INFORMATION
Road Access Contractor Name
Contractor's Address
Telephone No.Fax No.
Water and/or Sewer Installer Name
Installer's Address
Phone No.Fax No.
SECTION 4 _ STREET/ROAD ACCESS SPECIAL CONDITIONS AND APPROVAL
CALL THE MUMCIPAL OFFICE 519-86G5521 TO MAKE ANAPPOINTMENT FORA SITE MEETING WITH
T'HE MANAGER OF PUBLIC WORIß
To Be Completed by Municipal Staff
Requirements for the Entrance
Length of Culvert Pipe
Fee $160.00
m Diameter of Culvert Pipe
Driveway Width m Surface Type
Special Conditions
Security Deposit Required? ¡ Yes ¡ No Written Estimate Required? Amount $
InitialsMana-ser of Puhlic Works or T)esisnafe l)ate Annroved T)ate Comnlefe
Wüd/Pemits
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SECTION 5 _ \ryATER & SE\ryER SERVICES SPECIAL CONDITIONS AND APPROVAL
CALL 519-874-4761 TO MAKE AN APPOINTMENT FORA SITE MEETING WITH THE
IYA TE R/IYAS T E WA TE R S U P E RI N TEN D EN T,
To Be Completed by Municipal Staff
Requirements for the Municipal Water
Water Line Size:
Fee $170.ü) per service
Type ofline: soft copper 160 Series Plasic
The Onta¡io Building Code requires l4-gauge solid copper light coloured plastic coated tracer wire on non-metallic
pipe from the watermain to water meter.
Requirements for the Municipal Sewer
Sewer Pipe Size: 5" PDC Type ofPipe: SDR35
Sandbeddingsurroundingthepþisrequired. Ifapplicable,roadre-constructionrequiresalayerofcompacted
Gra¡rula¡ "4" gravel between the layer ofsand bedding and the surface asphalt bed.
Special Conditions
Security Deposit Required? l---l Yes [--l No Written Estimate Required Amount $
Water/ìVastewater SuperintendentorDesignate DateApproved Date Complete
SECTION 6 - SKETCH OF THE SUBJECT PROPERTY
- Show dimensions ofsubjectproperty
- Show location of driveway/access with measurements from property lines (indicate in metres or
feet)
- Indicate road/street with correct road/street name(s)
- Indicate location of municipal water (if applicable) and sewer main (if applicable)
+
I.N
In regards to this application, I understand that I am responsible for the cost ofthe restoration ofmunicipal
property, including but not limited to road surfaces, road allowances, sidewalks and drainage works to the
satisfaction of the Manager of Public Works or designate. It will be at the discretion of municipal staffto
determine the need of a formal written estimate of restoration costs to establish the security deposit amount.
I understand that site meetings with municipal staffare required prior to construction and that once the works
are completed I am required to contact the municipal office to request a final inspection of the completed
works before the release ofany security deposit.
I have read, understand and agree to the conditions and requirements set forth on this application and assume
all cost incurred by the Municipality of Bayham, liability for all damages which may be incurred and to
indemnify and hold harmless the Municipality of Bayham from any actions, claims, suits or demands made
against the Municipality by any person arising out of the issuance of this permit.
Signature of Property Owner Date
WqüPmits
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CORPOR,{TION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Draft Permit System for Concession Stands
DATE: ivfay 29,2009
FILE: P09
NUMBERzD2009-17
Purpose
To discuss proceeding with a draft permit system for concession stands in the municipality.
Background
StaffReport D2009-16 was presented to Council on May 7th for discussion on concession stands in the
municþality. Council directed staff to commence preparing a draft permit system. In addition, staff
were authonzú,to consult with the local Chamber of Commerce.
Staff Comments
Our Zoning ByJaw permits concession stands in the commercial zones that permit "restaurants".
Namely, Highway Commercial (HWC), Hamlet Commercial (HC), Central Business District (Cl) and
Tourist Commercial (C3) Zones permit restaurants. By definition, a "restaurant" includes "snack bar
or refreshment room or stand'. The intent of the definition is to include the trailer type booths or chip
wagons. The community and previous councils expressed the desire to preclude concession stands/chip
wagons in the municipality due to various concems.
To implement a licensing and permit system for this use, there are several items to consider including
but not limited to: a definition of "concession stand" or "re eshment stand", permitted location,
operating times and/or season, eligible applicants, what items can be sold from the stand, licence fee
schedule etc. For assistance in this matter, contact was made with other municipalities for their policy
and procedure.
The Town of Aylmer has a provision to licence Concession Booths/Chip Wagons etc. There are no as-
oÊright locations in town so all applicants must apply to Council for approval. Each applicant must
provide a photo of the unit, information on the location, written land ownerapproval, hours of
operation, site layout noting the location of the unit and any accessory items such as picnic tables,
garbage cans etc. ingress and egress etc. The information is reviewed and a report provided to Council
addressing issues such as zoning,parking, traffic etc. If approved, the individual pays $200 for a
Hawkers and Peddlers licence that is valid up to December 31't of the year issued and no fee reduction
for anyperiods less than the year. In the last 20 years Council has not approved one such request.
The Municipality of Leamington's by-law prohibits the sale of refreshment or confections on certain
highways, public parks and other public places. The purpose of their byJaw is to provide consumer
protection and protect the health and safety of its residents by regulating refreshment stands. The by-
law limits the location to municipal sidewalks on specific streets with the option to be located on
private property in compliance with zoring. The by-law restricts items for sale, limits the booth size,
requires comprehensive liability coverage if operated on municipal sidewalks. Their By-law 652-05
and Application for Licence is attached for information.
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Staff Repo rt D2009 -17 Concession Stands Page2
Norfolk County's byJaw licences and regulates certain businesses. The By-law is far reaching to
licence many tlpes of businesses including "Mobile Refreshment Sale" and "Mobile Refreshment
Vehicle". The licensee can operate on a property that is in compliance with their Zoning By-law.
Their By-law 2007-235 with Schedule 3 - Mobile Refreshment Vehicle Sales and the Application for
license is attached for information.
Staffalso inquired of the local Chamber of Commerce for their comments regarding the placement of
Concession Stands. The received response is attached. It was not staff s intent to receive comment on
a specific proposal or site, however. Though the response is specific to one proposal, discussion with
the Cha:nber indicated that the concern raised was mainly regarding the aspect of fair competition for
full-time businesses in the area.
Staff are now seeking confirmation of Council direction to proceed with drafting a permit system for
concession stands in the municipality and the extent to which Council wishes to regulate the use. Staff
suggests if a permit system is pursued that one similar to that of Leamington would be most appropriate
for Bayham.
Attachments
l. MunicþalityofLeamingtonby-law 652-05
2. Norfolk County ByJaw No. 2007-235
3. Otter Valley Chamber of Commerce emailed comment from May 20109 meeting
Strategic Plan Goal(s)
Goal #3 - Create a positive business atmosphere
Goall4 - Be dedicated to service excellence
Recommendation
"TIIAT Staff Report D2009-17 regarding concession stands be received;
AND TIIAT Council provide further direction to staff."
Respectfully submitted,
Planning Coordinator/Deputy Clerk
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Êrz,+cnnar /
THE CORPORATION OF THE MUNICIPALIW OF LEAMINGTON
BY-|-AW 652{5
Belng a byJaw to prohibit the sale of refreshment or
coníections on cdrtaln hlghwayt, public parks and
other public Places.
WHEREAS S€dbn 150(1) of the MunicipalA d,ztol,s.o.2001 "?sflTt-the'As.t) .
auürorizes a munic¡æi.¡tyıÍË.*;r"grbËånd go,em añy busrness whoily or pärüycanied on
wiürin üre munlcipallty;
ANDWHEREAS seciion 150 (2) of the Actpro$desqlat a munlcipalltymay onlye¡scise.its
licensfng poìrvors þrthe purposes of trealur and-åàt"ty, nuisance controlarid consumer protedíon;
AND WHEREAS the council of the corporatlon of the Munlciælity ot!9_altp-ton wlshes to
ensuie thatall refreshmeflt and confectionlËlo'oærau*s confoim tó measures prctect¡rE healtft
and safety and csrst¡mer protection;
A¡lD t a munlcipality may cfrargre a licence fee directly
rebted to dt byJaw;
Aì,lD WHEREAS a publÍc meeting for qgnsþeration of th¡s by-lEw has been held and lrctice was
given ln accordance wittiSeaion 150 (4) of the Act
NOW THEREFORE BY ITS CþUNCIL THE CORPORATION OF THE MUNICIPALTTY OF
LEAIüINGTON ENACTS AS FOLLOWS
PURPOSE
1. The PurPose of this the
n"rrú-a-n¿-."ieù of ration of
refreshment stands
DEFÍNITIONS
2. ln this BY'law:
a) 'refreshment stând: shall mean any mobile cartfom wt¡ich food and
,.#rriüåîiå pî",¡"iiìó nis uv-lá" are for sale or sold for conzumption ry he
publie
DcpntyOerk
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By-tar65245 , . Paoa?
GENERAL PROV¡SIONS
No person snali use or operate any refreshmentsùand lPon.any highun¡ including
siddwall<s, public parks or any public lands withln the Mun¡cipalÍty ol Leamlngton.
Notwlttrstanding Section 3 of this ByJaw, a person may operate a refreshment stand
upon ceÌtaln sidewalks wlthln the Munlcipallty provlded the person has obtalned a
llcence pursuant to the provlsions of thls byJaw.
Refreshment stands may be situated only on those sldevr¡alk locations afutting Erie
Steet, Talbot Street, John Sfeet, Robson Road Part/ltlunblpal Marina.
No items otherthan sausâges, hotdogs, buns, soft drinks, popcom, packagetl cttips
and cotton candy may be offered for sale at a reteshrnent stand.
No refiashment stand shall o<cecd bur (4) feet ¡n widh, fve (5) feet in height not
induding an umb,rella or other like coverlng, or sh (6) fod ln length.
All refreshmer¡t stands shall be of sufñciently sound construction to provide
reasonaile prüection agalrTst dirt dust, flles, and drer hlurious matter or hi¡'lgs.
The lloor and walls of the refreshment stand strall be of impervious material, free of
hotes, cracks or crevlces, and ttre surface shall be readlV washable and shall be kept
dean and ln good conditlon.
The refesh¡nent $and shall be equipped wlth eittren
a. a rnetal refuse contalner wlth a selfdosing lid whiú shall be kept at all limes
in a dean and sanitary condition and emptied at leôst daily;
b. a disposal lltter containeru/hlch shall be rcplaced daily;
and st¡cfr contalner shall be used for tha disposal of all refuse.
Every person selling or hàndling refreshments shallueardean cbthes be clean and
neatin appearance and shall not be suffering from any communicable or øttagious
disease.
No person shall use or operate a refreshme¡t sland on any sHevnalk bcation as
described ln sedion 4 of this by-few untll a fee of $500 nas been paH and a licence
has been issued by the MunicipalClerk
The ov'mer of any reffeshment stand shall harc an insurance pohcy in force provlding
fur comprehensive l'tabllity coverage in a minimum amount of $4, 000,000 at âll times
thatúre refteshment stånd is being used oroperated on MunicipalSidewalks. The
owner shall provide proof of insurance at any time upon the requestof the Munlcipal
Clerk.
No person shall, except a member of the Downtqrn Business lmprovement Area,
opemte a refreshment stand wihin the area designated as the Downtown Business
lrnprovernerrt Area during a sidewalk sale sponsored by the Downtorn Business
lmprolement Area Association without the prior pennission of the Clerk.
4,
7.
10.
11.
12.
14.
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PEMLTY CLAUSË
15. Any persor¡ who contawnes any provision of thls by--lawshall ry qfry of an offence
aná iuO¡eA to a penaþ pur*nnlio the prwisions of üre Provincial Ofiences Act.
,.¡6. Thls by.law shall take efiect on the date of passlng by Council and shall remain in
€trect untllthe date it is repealed.
RFåD A FIRST, SECOND AI.ID THIRDTIME Al{Þ Flt{,{LY EI'IACTED THIS
21'Û DAYOF NOVEMBER 2005.
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' . ar¿{ar eSZ{15 ..- Pad
CORPORATION OF THE MUNICIPALITY OF LEAMINGTON
By-law652{5
SCHEDULE A
ANNUAL UCENCE FEE
REFRESHMENTSTAND' $500.00annual[
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I\rl--l l--
E MUN ICIf;ALIIY 0 F LEAI,!|NGTON
38 Erie streer North :fl3;í'""tå"ïHi"if ffifi}"ll
Telephone: (519) 326-5761 Fax: (519) 326-2481
APPLICATION FOR REFRESHMENT STAND LICENCE
(On Certain Highways, Public Parks and Other Public Areas)
By-law 652-05
LICENCE FEE : $500.00 ANNUALLY
REFRESHMENT STAND - shall mean any mobile cartfrom whbtr food and refreshments pursuant to this by{aw are
for sale or sold for consumption by the public.
GENERAL PROVISIONS - SEE ATTACHED
PLEASE CONTACT THE HEALTH UNIT AT 215 TALBOT STREET EAST, 32G.5716, WITH RESPECT TO THIS
APPLICATION. AN INSPECTION BYTHE HEALTH UNIT MAY BE REQUIRED PRIOR TO SALES FROM THE
REFRESHMENT STAND.
LICENCE NUMBER:
EXPIRY DATE:
PLEASE ATTACH:
D coNFlRMATroN oF MTNTMUM oF $4,000,000.00 coMpREHENSTvE LtABlLtw INSURANcE
tr lF REFRESHMENT srAND To BE LocATED oN pRtvATE pRopERw, pRov¡DE pRooF oF
AUTHORIZATION FROM PROPERTY OWNER
PROPOSED LOCATION FOR REFRESHMENT STAND:
(lndicate on map attached.)
REFRESHMENT STAND NAME :
OWNER'S MME:
OWNERS INFORMATION: STREET ADDRESS:
(Please Print)CITY/TOWN:PROVINCE:
POSTAL CODE:
FAX NUMBER:
PHONE NUMBER:
EMAILADDRESS:
BUSINESS OPERATOR'S MME:
BUSINESS OPERATOR INFORMATION: STREET ADDRESS:
CITYiTOWN:PROVINCE:
POSTAL CODE:PHONE NUMBER:
(Please Print)
FAX NUMBER:EMAILADDRESS:
OVER...
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Refreshment Stand Licence Application 2
TYPE OF GOODS TO BE SOLD :
NAME OF PROPERWOWNER:
l/VVe hereby acknowledge that lšre have been provided with a copy of and have read and understand the regulations as
set out in Municipality of Leamington Refieshment Stand By-law Number 652-05, as amended.
SIGNATURE OFAPPLICANT
fhe hrfonmfut ptovúded in úis apdbtÍm wÍll be avaílable br putrtc ircpa'm.
OFFICE USE ONLY
AMOUNTDUE:$500.00
AOOOUNT NUMBER : 1-312-400G4015
FEE PAID:RECIEPT NUMBER :
PLANNTNG SERVTCES DEPARTMENT (FOR NON-MOTORTZED MOBTLE VENDOR)
BUSINESS LOCATION:
OFFICIAL PI.AN DESIGNATION:
ZONING DESIGNATION:
PERMITTED USE: f] llO E YeS
PI.ANNING SERVICES APPROVED BY:DATE:
COMMENTS:
CORPORATE SERVICES DEPARTMENT
DATE APPLICATION RECEIVED:
DATE APPLICATION CIRCULATED:
[] pt-Rrut'¡lt'tc SERVIcES coMMENTS DATE RETURNED:
fL eulLolruc DEeARTMENT coMMENTS DATE RETURNED:
E nne sERVrcEs coMMENTS
fl nenlrn uNrr coMMENTS
DATE RETURNED:
DATE RETURNED:
! poI-Ice DEPARTMENT coMMENTS DATE RETURNED:
fl colr¡¡¡uNtTY SERV|CES CoMMENTS (if required) DATE RETURNED:
INITIALS:
COMMENTS:
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Refreshment Stand Licence Application 3
\t
\',
Æ#
!-_
uffiH
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Refreshment Stand Licence Aoplication 4
GENERAL PROVISIONS
REFRESHMENT STAND LICENCE
No person shall use or operate any refreshment stand upon any highway, including sidewalks,
public parks or any public lands within the Municipality of Leamington.
Notwithstanding Section 3 of this By-law, a person may operate a refreshment stand upon certa¡n
sidewalks within the Municipality provided the person has obtained a licence pursuant to the
provisions of this byJaw.
Refreshment stands may be situated only on those sidewalk locations abutting Erie Street, Talbot
Street, John Street, Robson Road ParUMunicipal Marina.
No hems other than sausages, hotdogs, buns, soft drinks, popcom, packaged chips and cotton
candy may be offered for sale at a refreshment stand.
No refreshment stand shall exceed four (4) feet in width, fle (5) feet in height not including an
umbrella or other like covering, or six (6) feet in le-ngth.
All refreshment stands shall be of sufficiently sound construction to provide reasonable protection
against dirt, dust, flies, and other injurious matter or things.
The floor and walls of the refreshment stand shall be of impervious material, free of holes, cracks or
crevices, and thé surface shall be readity washable and shall be kept clean and in good condition.
The refreshment stand shallbe equipped with eithen
a. a metal refuse container with a self<losing lid which shall be kept at all times in a clean and
sanitary condition and emptied at least daily;
b. a disposal litter container which shall be replaced daily;
and such container shall be used for the disposal of all refuse.
Every person selling or handling refreshments shall wear clean clothes be clean and neat in
appearance and shall not be suffering from any communicable or contagious disease.
No person shall use or operate a refreshment stand on any sidewalk location as described in
section 4 of this byJaw until a fee of $500 has been paid and a licence has been issued by the
MunicipalClerk.
The owner of any refreshment stand shall have an insurance policy in force providing for
comprehensive liability coverage in a minimum amount of $4, 000,000 at all times that the
refreshment stand is being used or operated on Municipal Sidewalks. The owner shall provide proof
of insurance at any time upon the request of the Municipal Clerk.
No person shall, except a member of the Downtown Business lmprovement Area, operate a
refreshment stand within the area designated as the Downtown Business lmprovementArea during
a sidewalk sale sponsored by the Downtown Business lmprovement Area Association without the
prior permission of the Clerk.
1.
2.
3.
4.
6.
7.
L
9.
10.
11.
14.
File: TlCorporate\P00-Protection&Enforcement\P09-Licencing\P09-Refreshment Stands\Refreshment Stand Licence Application-2007.doc
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fr-rnonn€nr A,
BY-LAW NO. 2007-235
The Corporation of Norþlk County
BEING A BY.LA\ry TO PROVIDE FOR THE LICENSING, REGTJLATING AND
GOVERNING OF CERTAIN BUSINESSES 1YITHIN NORFOLK COUNTY.
WHEREAS Section 8(l) of the Municipal Act 2001, R.S.O. 2001,C.25, as amended, states that the
powers of a municipality shall be interpreted broadly so as to confer broad authority on the
municipatity to enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND ÌYIIEREAS Section l0(l) of the Municipal Act 2001, R.S.O. 2001, C.25, as amended, states:
"A single-tier municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
AND WHEREAS Section l0(2) of the Municipal Act 2001, RS.O.2001, C.25, as amended, states:
"A single-tier municipality may pnss by:l¿q¡s respecting the following matters:
(l l) Busincss Licensingl';
AND \ilHEREÄ.S it is deemed advisable to maintain the regulation of certain businesses within
Norfolk County.
NOW THEREFORE TIIE COUNCIL OF THE CORPORATION OF NORFOLK COI]NTY
HEREBY ENACTS AS FOLLOWS:
1. DEF'INITIONS
l.l For the purposes of this By-law and the attached schedules:
A. "Auctior/Liquidation Sales" means any public one day sale of new
merchandise being held to liquidate assets, where the goods a¡e sold to the
highest bidder;
^
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BY-LAW 2007-235 PAGE 2 OF 12
B. "Business" means a Eade, business or occupation, exhibitions, concerts,
festivals, and other organized public amusements held for profit or otherwise,
and includes the sale or hire of goods or services on an intermittent or one-time
basis,lhe showing of samples, pattems or specimens for the pqpose of sale or
hire, but does not include,
a) a manufacturing activity or an industry, except to the extent that it sells its
products or raw materiat by retail;
b) the selling of goods by wholesale; or
c) the generation, e)eloitation, extraction, hanresting, processing, renewal or
üansportation of natural resources;
C. *Committee" means the By-Law Appeals Committee ofNorfolk County;
D. "Community Festival" means a cultural or conÌmunity event of a temporary
naturt, conducted by the municipality or by a registered charitable or a not-for-
profit group or organization;
E. "Coungr" means the Corporation of Norfolk County;
G. *Craft Shou/'means the exhibiting or offering for sale, on a temporary basis, by
Canadian crafts people, goods, ìÀrares or mercha¡rdise which they themselves
have produced;
H. "Daily Sales" means the sale of goods and services for aperiod of one day from
one specific location not within the Cental Business Dishicts but where such
use is permiüed under the Zoning By-Law.
I. "Individul" means a natural lrrson and does not include a corporation,
parhership, or association;
J. "License" mearu¡ the certificate issued under this By-Law as proof of licensing
under this By-Law;
K. "Licensce" means the penon named in the license;
L. "Licensing Ofücer" mearu¡ the Clerk/Manager of Council Services, or
designate;
fÀ F. *Council" means the Council of the Corporation of Norfolk County;
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BY-LAIV 2007-235 PAGE 3 0F 12
"Mobile Refreshment Sale" means the sale of refreshment for consumption
by the public that are conducted from a vehicle, cart or other stn¡chre which
has not been assessed as commercial and includes but is not limited to:
catering vehicles, chip wagons, hot dog carts, sausage carts and ice-crea¡n
vendors, including vchicles from which pre-prepard pre-packagcd
refreshments, or prepared in the vehicle, or from a vehicle that transports
prepared refresh¡nents, to be sold fo¡ consumption by the public, but does not
include self serve vending machines.
"Mobile Ref¡eshment Vehicle" means any vehicle from which refreshments a¡e
sold for consumption by the public are conducted uùich has not been assessed
as commercial, and includes but is not limited to a cart, wagon, trailer, tn¡ck or
other stn¡cture, irrespective of the type of motive power employed to move the
vehicle from one point to another;
"Municipal Law Enforcement Officer" means the person(s) so appointed by
the Council of the Corporation of Norfolk County for the purposes of enforcing
County By-laws and for the purposes of this By-law shall include the Ontario
Provincial Police and any other police agency;
'Non ProfiVCharitable Organizations" means any group whose purposes are for
thc advancement of religion or education, relief of poverty or other purposes
beneficial to the community, as determined by the Registar of Alcohol &
Gaming;
"O'wner' with respect to a ûade, business or occupation licensed under this
by-law shall mean tlrc person, company or partnership that carries on the
trade, business or occupation and whose name appears on the license issued
by the County fo¡ such trade, businessi or occupation pursuant to this by-law;
'?eddle" means to engage in the business of offering for sale goods or
services or the taking of orders for future delivery of goods o¡ services
th'rough door to door sales or a specific location, seasonal or daily sale;
"Person" includes a corporation and its directors and offrcers, and the heirs,
executors, and adminisEators or other legal representatives of an individual
and thei¡ respective successors and assignees;
"Prcmiscs" includes lands and any fences, buildings, sheds or similar
stn¡ctures situaæd thereon;
"Residenf'means the person to be named on the license resides within the
boundaries of Norfolk County.
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V. .'Resident Business" means a business cu¡rently operating on an ongoing basis in
Norfolk County.
'W. "seasonal Sales" includes temporary br¡sinesses such as, but not limited to,
gardcning product sales, Cbristnas tree sales for one period of up to th¡ee months
frorn onJrp"cific location such as a vacant commercial lot, where the use is
perrritted inthe Zoning BYJaw.
X. "Trade Show" includes the exhibiting or offering for sale on a temporary
basis at one location by several manufacturers or distributors, goods, wares
or merchandise.
LICENSE REOUIRED
2.1 No person, without a license issued pursuant to this by-law, shall peddle goods
or services, except where
Ð the sale is to wholesale or retail dealers in similar goods, or;
ii) the goods, wares or merchandise are gro\un by an Ontario resident
farmer who sells or offers for sale only the products of his own
farrn, or;
the sale is conducted as a ñmdraiser by a local charitable
organization or non-profit group to support the cha¡itable objects of
the organization and the sales are conducted by volunteers recciving
no compcnsation or commission for sales, or;
the sale is conducted by vendors at a location which forms part of a
flea/farmers market operation, oq
v) the sale is conducted on an Agricultural Society Property during an annual
fair, or;
the sale is conducted as part of an approved trade show, or
the sale is a yard or garage sale conducted infrequently, on a
residential property and offering for salc only the used household or
personal goods ofthe occupant, or;
vüi) the sale is conducted by the owner of a business being operated
from a commercial property within the municipality and the goods
or services being peddled relate to the business and a¡e being
peddled by an employee or an agent of the business, or;
iii)
iv)
vi)
vii)
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2.2
ix) the sale is conducted through a home party, by invitation'
No person, without a license issued pursuant to this by-law, shall conduct or
pennit a "Mobile Refreshment Sale" except where
i) the goods, wares or merchandise are grown by an Ontario resident-
farmer who sells or offers for sale only the products of his own
farm, or;
iÐ the sale is conducted on an Agricultural Society property during an annual
fair, or;
iii) the sale is conducted as part of an approved tade show.
The license e shall not carry on business in a name other than the name in
which the business is licensed.
No person shall publish or cause to be published any representation that the
person is licensed under this ByJaw if the person is not so licensed.
For the purpose of this ByJaw a business shall be deemed to be carricd on
wittrin tire':County" if any part of the business is canied on in the "County"
cven ifthc business is being conducted from a location outside the "County".
The license e shall not operate the licensed business in contravention of the
terms and conditions of the license as stated in the çplicable schedule.
DUTIES OF TITE LICENSING OFFICER
3.1 The "Licensing Offrcer" shall:
Ð receive and process all applications for licenses and renewals of licenses; and
ii) issue all licenses when an application is made in accordance with the
provisions of the By-law and the attached schedules; and
iii) maintain complete records showing all applications received and licenses
issued; and
iv) generally perform all the adminisbative functions confened by this ByJaw
and the attached schedules.
2.3
2.4
2.5
2.6
3.
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BY.LAW 2W7A35 PAGE 6 OF 12
APPLICATION Í'OR A LICENSE AI\D FOR RENE\ilAL OF A LICENSE
4.1 An application for a license and an application for the renewal of a license
shall be completed on the forms provided by the County.
4.2 Every new applicant shall apply in person.
4.3 Each application shall be zubmitted to the Licensing Offrcer and be
accompanied by:
a. the fee in the appropriate amount as set out in Schedule I attached to and
forming a part of this By-law.
b. identification with name and current address, (ie. Driver's License), as
proof of residency.
c. if the applicant is a corporation, a copy of the incorporating document and
if a registered parürership, a copy of the registered declaration of
partnership and a copy of the business name registration.
d. any other documentation as required in the applicable schedule.
4.4 Any applicant must make a separate application for a license for each of the
prcmises at which, or vehicles from which the applicant ca¡ries on business. In
order to take advantage of a reduced rate on ttrc second or subsequent premises
or vehicle, applications must be in identical business n¿rmes and submitted at the
same timc.
4.5 Where an application for a license or for renewal of a license is refused the
annual fees paid pursuant to subsection 4.3(a) shall be fully refunded.
AGE REOTIIREMEI{T
5.1 No individual shall be licensed under this By-law unless the individual is
Eighteen (18) yea¡s ofage or over.
GROI]NDS FOR REFUSAL TO LICENSE. RENE\ry. SUSPEND OR REVOKE
An applicant whose application meets all the requirements of this By-law and
its schedules is entitled to a license or the renewal of a license except where:
A) there a¡e reæonable grounds for belief that any application or other
document provided to the Licensing Officer by or on behalf of the
applicant contains a false statement or provides false information; or
4.
5.
6.
6.1
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PAGE 7 OF.I2
the past or present conduct ofthe applicant, or ofany partner in the case
of an applicant which is a partrership, or of any director or offtcer of the
corporation, affords reasonable grounds for belief that the br¡siness in
respect of which the application is madc will not bc carried on in
accordance with the law and with integrity and honesty; or
there are reasonable grourds for belief that the applicant does not meet all
the requirements of this ByJaw or any other Cormty ByJaw, or that the
business is carried on or intended to be canied on in an area of the County
where the said business is prohibited by the ByJaw or by any other
County By-law for being ca¡ried on, or in respect of wtrich the iszuing of a
license in respect of the business is not permitted by this By-law; or
the applicant has failed to pay the fine or fines imposed by a court as a
sentence arising from convictions for b,reach of a þ-law enacted by the
County; or other breach of law where the fine is payable to the County; or
there are reasonable grounds for belief that the building, premises or place
or part thereof in which the business is ca¡ried on or intended to be canied
on does not comply with the provisions of the By-law, or with any other
law, or byJaw, including any applicable zoning or building requirement, .
or is dangerous or unsafe; or
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carrying on of or engaging in the busilæss licensed hereunder is dangerous
or unsafe; or
G) the fee payable in respect of the license applied for has not been paid; or
H) tlrc business has breached any term or condition of the license.
7. AUTHORITY TO REFUSE TO LICENSE. RENE\il. SUSPEND OR REVOKE
7.1 The Licensing Officer may refuse to issue a license, refuse to renew a license,
suspend a license or revoke a license where the applicant is disentitled to a license
under Section 6,
8. APPEAL
8.1 Where the Licensing Offrcer reñ¡ses to issue, suspends or revokes a license, the
said Licensing Oflicer shall notifr the applicant in writing of such decision, said
notice shall set out the grounds upon which the issue of the said license is refused
and shall statc thatthe applicant or licensee may appeal zuch decision by filing an
appeal with the Licensing Officer within 15 days from the date of notice, for
referral to the By-lawAppeals Committee (the Committee).
B)
c)
D)
E)
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BY-LAW 2007-235 PAGE 8 OF T2
8.2
8.3
Where the Licensing Officer has revoked a license and where the applicant or
licensee has appealed such decision to the Committee, the license shall
automatically be suspended until such time as a determination on the issue has
been made by the Committee.
Where the¡e is a referral to the Committee, it shall hold a meeting for the purpose
of directing the Licensing Officer to issue or renew the license, or not to issue or
renew the license.
At the meeting, the Commitæe shall rcceive a report, either verbally or in writing,
from the Licensing Offrcer and from such other officem or employees of the
Corporation who may be involved in the matter being considered.
Atthe meeting before the Committee, the licensee, either personally or through an
agenq shall be afforded an opportunity to present such material and evidence
relevant to the issue before the Committee as the licensee may deem expedient.
The Cornmittee, affer consideration of all evidence and all submissions made at
the meeting shall decide whether to revoke the License, or impose such
conditions as the Committee considers appropriate and the Clerk shall give the
Licensee written notice of the Committee's decision. The applicant or licensee
shall not be entitled to a ñ¡lher hearing on the matter and the decision of the
Committce shall bc final.
8.7 Where a License is revoked, no refr¡nd of any payment of fees paid by the
Applicant shall be rnade.
TERMS AND CONDITIONS OF A LICENSE
9.1 Notwithstanding att y other provisions of this By-law, Council may issræ a license
oÌ ma y renew a license subject to terms and conditions including special
conditions as are necessary to give effect to this By-law and the attached
sctedules and may include, but are not limited to, conditions resticting the hours
of business or condition that thc business orilner or operator have employees in
attendance at the business location during the hours of operation to ensure public
safety and comfort.
INSPECTION
l0.l On receipt of an application for a license or for renewal of a license or as a condition
of tþ continuation of a li cense, the applicant or licensee is required to allow the
municipalit y, at any reasonable timg to onter the businsss premisæ to inspect the
premise, equipment, vehicle, or personal property used in connection with the business.
8.4
8.5
8.6
9.
10.
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BY-LAW 2007-235 PAGE 9 ()F 12
11. RrGHT TO INSPEC'T BOOKS ANp RECORDS
I I . I Upon an inspection unde r Section 10, the inspector is entitled to inspect all books of
account, vouchers, correspondence and the records ofthe person being inspectcd that
are relevant to the pr¡rposes of the inspection.
12. OBSTRUCTION OF INSPECTOR
l2.l No person shall obstruct the person performing an inspection pursuant to Section l0
or withhol{ destnoy, conceal or refuse to furnish any information or thing required
by the inspector.
13. DISPLAY OT'LICENSE
13.l Every Licensee shall prominently display the license at the location of thc
licensed business at all times and shall produce the license upon request by
the Licensing Officer, Municípal Law Enforcement Officer, or a peace officer.
13.2 'Where the licensee does not have licensed premises, the licensee shall carry
the license at all times when the licensee is engaged in the activity for which
thc liccnsc has bcen issued and shall producc the licensc upon request by
the Licensing Office¡ Municipal Law Enforcement Offrcer, or a peace officer.
14. LICENSE NOT TRANSFERABLE
l4.l A liccnse issued under this Bylaw is not t¡ansferable.
15. CHANGE OF LICENSE
l5.l No penon 1o whom a license has been issued under this By-law shall alter, erase
or modify or permit the alæratioq erasure or modification of that liceirse or any
part thereof, unlcss approved by thc Licensing Ofüccr.
16. TERM OF LICENSE
16.l Every license expires on December 3ltt of the calendar year in which it was issued"
unless speciñed otherwise.
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BY-Ir4ùil 2007-235 PAGE 10 OF 12
I7. REOI.IIREMENT TO NOTIFY OF CHANGES
17.l Every liccnsee shall notifr the Licensing Oflicer within seven (7) business days of
the coming into effect of the following changes:
a) any change in the licensee's business address;
b) any change in the number or composition of officers or directors, if a
corporation, or partners, if a partnership; or;c) any change inbusiness na¡ne.
17.2 Where a change of business name or business address has occuned and
notification has been made in accordance with subsection I of this section
cvery licensee shall attend within sevcn (7) business days of the date of the
notification of the Licensing Ofücer and produce the license for amendment.
18. OWNER'S AUTIIORIZATION
l8.l Written owner's authorization shall be provided for all applications.
19. RETURN OF LICENSE
19.l Where a license has been revokd the holder of the license shall return
the license to the Licensing Offrcer within twenty-four (24) hours of receipt
of notification of revocation.
19.2 Where the license is not returned within twenty-four (24) hours as set out in
subsection 19.1, the Licensing Officer or Municipal Law Enforcement. Offrcer may enter upon the premises of the holder of the liceirse for the
purposo of receiving or taking the said license and no person shall reñ¡se to
delivcr or in any way obsEuct or prcvent thc Licensing Officcr or Municipal
I-aw Enforcement Officer from obtaining the license.
20. ORDER TO COMPLY
20.1 Where a licensee has conhavened any provisions of this By-law or its
schedules, or any other County ByJaw, the Licensing Officer or Municipal Law
Enforcement Ofñcer may:
i) serve a written notic€ on the licensee advising of the contravention and
directing compliance; or;
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BY-LAW 2W7-235 PAGE 11 0F 12
ii) direct in a written order that a thing or matter is required to be done and in
default of such matter or thing being done, the matter or thing will be done
at the licensee's cxpensc and the County will recover the expensc by action
or in like mamer as municipal tð(es.
NOTICE
2l.l Any notice or order required to be given or served under this By-law shall be
sufficicntly givcn or served if delivered pcrsonally or sent by registcred
mail, addressed to the person to whom delivery or service is required to be
made at the last address for service appearing on the license records.
21.2 'Where service is made by registered mail, the service shall be deemed to be
made on thc scventh day aftcr the date of mailing, unless the person on whom
service is being made establishes that he did not, acting in good faitb througb
absence, accident, illness or other cause beyond his conbol, receive the notice
or order until a late¡ date.
SCIIEDIJLES
The following Schedules appended hereto form part of this By-law and every person
engaged in or carrying on any tadg business, calling or occupation for which he is
required by ttre provisions of this By-law to hold a licence shall be responsible that all the
provisions of the By-law with respect to the same a¡e complied with.
21.
Schedule I -
Schedule 2
Schedule 3 -
Schedule 4
Schedule 5 -
Schedule 6
PENALTY
LICENSE FEES
PEDDLERS A}¡D SALESMEN
MOBILE REFRESHMENT VEHICLE SALES
AMUSEMENT CARNIVALS & CIRCUSES
COMMI.'MTY FESTIVAL LI CEN SE
FRIDAY TTTE I3TH EVENTS
2l.l Every person who contavenes any provision of this ByJaw is guilty of an
offence and is liable upon conviction at the discretion of the Provincial Judge
or the Justice of thc Peace to a fine, and every such fine is recoverablc under the
Provincial Offences Act.
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24.
25.
BY-LA\ry 2007-235 PAGE lzoF t2
ORDER CLOSING PREMISES
24.1 'Where a conviction has been ente¡ed under Section 23,in addition to any other
p€nalty provided by law, the Court in which the conviction was entered, and any
Court of competent jwisdiction thereafter, may make such order closing business
premises as is required or permitted by Section 447 of the Municipal Ac[
VALIDITY
25.1 If a court of competent jurisdiction declares any section or part of a section
of this By-law invalid" it is the inte¡rtion of Council thatthe remainder of the
ByJaw shall continue to be in force.
25.2 The schedules annexed to this By-law in respect of the various licenses set
out in this By-law are hereby incorporated into and form a part of this By-law.
INTERPRETATION
26.1 Words importing the singular number or the masculine gender only, include
more persons, parties or things of the same kind than one and females as
well as males and the converse.
26.2 A word interpreted in the singular number has a conesponding meaning when
used in the plural.
27. EFFECTIVE DATE
27 .l That the effective date of this By-Law shall be January l, 2008.
ENACTED AND PASSED THIS 2TIIíDAY OF NOVEMBE& 2007.
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First Reading:
Second Reading:
Third Reading:
Novernber 27,2007
November 27,2W7
November 27,2007
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F BY,LA\il NTJMBER 2OO7 -235
SCHEDTJLE 3 -MOBILE REF'RESHMENT VEIIICLE SALES
1. Definitions
l.l Fuel Safetv Branch means the Fuel Safety Branch of the Ministry of
Consumer and Commercíal Relations.
1.2 lce Cream Verdor mea¡u¡ aperson who sells single serving ice and ice cream
producæ from a pedal driven vehicle.
1.3 Medical Officer of Health mea¡u¡ the Medical Oftïcer of Health of the Norfolk
County Health Unit ortheir designate.
1.4 Mobile Refreshment Sale means the sale of refreshment for consumption
by the public that are conducted from a vehicle, cart or other structr¡re which
has not been assessod as commercial ard includes but is not limited to:
catering vehicles, chip wagons, hot dog carts, sausage carts and ice-cream
vendors, including vehicles from which pre-prepared, pre-packaged
refreshrnents, or prepared in the vehicle, or from a vehicle that transports
prepared refreshments, to be sold for consumption by the public, but doæ not
include self servc vending machines.
1.5 Mobile Refreshment Vehicle means any vehicle from which refreshments are
sold for consumption by the public are conducted, which has not been
assessed as commercial, and includes but is not limited to a ca¡t, wagon,
trailer, truck or other structure, irespective of the type of motive power
cmployed to move the vchicle from one point to anotheç
1.6 Non-Hezardous products. as determined by the Haldimand Norfolk Health
Unit, means:
- any prepackage food item including, but not limited to snack foods such
as pretzels, potatoes chips, bottled water, bottld or canned juice or soda
- any fresh food itern provided for consumption to the public that does not
support bacterial growth during preparation and handling and can include but
is not limited to fr,esh farm produce, ie. strawberries, raspberries, watermelon,
but shall not include any meat or dairy products.
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Bylaw Number 2007-235
Schedule3-Page2
2. License Reouired
Any person conducting a Mobile Refreshment Sale must obtain a license
pursuant to this Schedule.
Every license shall be prominently displayed at the location of the licensed
business at all times when the licensee is e,lrgaged in the activity for which the
license has been issued.
3. Exemption
This schedule does not apply to Mobile Refreshment Sales conducted as part
of an annual fair on a Norfolk County Agricultural Society prop€rty.
4. Separate License Required
A separate license is required for each vehicle or fixed sale location and such
license shall be known as a "Mobile Refreshment Sale License".
5. Zonins Requirements
The licensee must operate in compliance with the Zoning ByJaw and whcrc
the operation is from afxed location, the applican! upon first application for
that location, must provide a completed application form showing the
signature of the appropriate Building or By-law Enforcement Otrcial
responsible, vcrifying that the proposed location does not conüavene the
TnmngBy-law.
6. Outst¡ndins Orderc
The applicant must satisff any outstatding orders against the vehicle or
premiscs prior to thc issuance of a license.
7. Health Unit Certific¡tion
Every applicant rnust provide annually, certification from the Medical OfÏìcer
of Health stating that the food premises for which the license is being sought,
meets the applicablc requirements for food premises contained in the Ontario
Regulations pursuant to the Health Protection and Promotion Ac! RS.O.
1990, as amended.
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^
ByJaw Number2007-235
Schedule3-Pege3
8. Prop¡ne Certification
Where compressed petoleum or nanml gas fueled appliances are used in the
operation of thc business, thc applicant must providc annually, ccrtifïcation
from a Certified Propane or Natr¡ral Gas Fitter, who is or is employed by a
contactor registered by the Fuel Safety Branch of the Ministry of Consumer
and Commercial Relations, that the appliances have been inspected in the past
thirty (30) days and have been insalled and a¡e operating in compliance with
the Propane Storage Handling ard Utilization Code and the Ontario
Regulations under the EnerryAct, R.S.O. 1990, as amcnded.
9. Firc Stfetv Requirements
Where the business is equipped with combustible fueled appliances or where
othenuise required by the Chicf Fire OfIicial, the applicant shall submit to an
annual fre safety inspection and comply with any directions issued by the
Chief Fi¡e Oflicial or their designate.
Two (2) weeks notice of inspection by the Chief Fire Official is required,'
with said inspection to be held at Fi¡e Headquafers, 95 Culver Steet,
Simcoe, Ontario. Any vendor found to be non-complaint at an event will b€
required to become compliant or risk being closed.
Sale Location
, The licensee must ensu¡e that any vehicle equipped with combustible fuelled
appliances, is not operated within ten feet of any permanent or temporary
structurt, door, window, or building opening including any alcove or alley or
any overhanging sûructtue, including any otber similar vehicle. No Licensee
who owns a vehicle from which refreshments are sold for consumption by the
public shall operatc such vehiclc within 250 fect of prcmises wherc similar
refreshments are sold for consumption by the public.
Sale Loc¡tion on Municinel Property
Council approval is required when the proposed sale location is on
municipally owned property which is not part of a rental agreement.
Insu rance Reouirements lS rles from Municinal Prooertv/Ro¡d
Allow¡ncel
Where Council approval to operate on municipal property has been granted,
the applicant must file with the Corporation proof of public liability
insurance in the amount of $2,000,000.00, naming the Corporation as an
additional insured and shall save and hold harmless the municipality in
respect to any and all oecrrrences with respect to the operation of the
business on municipal property.
10.
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By-Law Number 2007-235
Schedule3-Page4
13. Site Reouirements
Except where otherwise exernpted by Council, the licensee shall ensure that
every vehicle used for refreshment sales from a fixed location shall be
situated on a surface ofasphalt or concrete or other such surface capable of
supporting the weight of the vehicle and such surface must cover the ground
fronting the vehicle along its entire length and extending out in front of the
vehicle a disønce of two (2) metres. No vehicle shall be situated in the sight
üiangle. An appropriate site diagram showing location of vehicle and
measurements from any road or building shall be submitted with the
application.
14. Refuse Container
The licensee must provide on site and accessible to patrons, a non-
combustible garbage container complete with a lid and a recycling container,
both sized to accommodate one day's waste. All waste is to be removed from
the site upon close of business daily.
15. Restrictions on Sales from Ped¡l Driven Vehicles
The licensee shall not conduct sales frorn any vehicle on any four lanc
highway or on any highway on which there is a speed limited in excess of 50
km perhour, or in an a¡ea where parking or stopping is prohibited.
Age Restrict¡ons
The licensee shall notpermit any pedal driven vehicle to be operated by any
person rmder the age of 14 years. The licensee shall provide the County with
a curent list of all operators, which includes their name, address and a copy
of their birth certificate. The licensee rnust notifr the County of any changes
to the list of operators, Where the operatorhas reached the age of majority, a
Police Record Clearance Certificate must be provided.
Operational Reouirements
The licensee rnust conduct the business and mainøin all equipment in
compliance with the Propane Storage Handling and Utilization Codc and
Onta¡io Regulations r¡nderthe Energy Act, R.S.O. 1990, the Onta¡io
Regulations for Food Premises under the Health Protection and Promotion
Act, R.S.O. 1990, as amended, the Ontario Fire Code and Ontario
Regulations under the Fire Protection and Prevention Act, S.O. 1997,any
applicablc Propcrty Standards ByJaw and any other applicable legislation or
Norfolk County ByJaw, as a condition of the license.
16.
L7.
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By-Law Number 2t07-235
Schedule3-Plge5
18. Horrs of Ooer¡tion
Where refreshment vehicles are permitted at a permanent location, they shall
not rcmain opcn on any lot except between the hours of 9:00 am. and 9:00
p.m. daily.
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RESIDENT
NON RESIDENT
D
D
50 Colborne St S,
Simcoe Ontario N3Y 4N5
Phone: 519426-5870
Fax: 519-42G8573
Application Date:
By-Law No. 2OO7-235, Schedule 3
APPLICATION FOR CATERING YEIIICLE/IVÍOBILE REFRESHMENT VEHICLE IIEENSE
Name of Applicant:
Address:
Phone No:
Name of Business:
Address:
PhoneNo:
Permanent Location or Special Event for business
LICENSE FEE:
Mobile Refreshment Vehicle Sales
Mobile Refreshrnent Vehi cle
Ice Cream Vendor
Non-Hazardous Food Vendor
Non-Profit/Charitable Organizations
Second or Subsequent Vehicle
Resident
$250.00
$7s.00
$7s.00
$50.00
$2s.00
Non-Resident
$500.00
$150.00
$r50.00
s250.00
$s0.00
Community Festival License-Mobile Refresbment Vehicle (-One Festival Event)
$ 125.00 (Resident /Non Resident)
01/0r/08
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INSPECTIONS REOT'IRED
BY-LAIV NUMBER 2007-235. Schedule 3
This Catering Vehicld Mobile Refreshment Vehicle has been inspected as required: (as applicable)
I Medical Offrcer of Health (519426-6170 ext. 3261 or322l)
Signature:
Date:
! Fire Chief (519426-4115 ext. 2400)
Signature:
Date:
I Propane Fitter
Signature:
Date:
D Municipal Law Enforcement Oflicer (51942G4377 or 519-8754485) (permanent locations onþ
Signature:
Date:
OR
I Building Inspector (4264377 or 875-4485) þermanent locations only)
Signature:
Date:
! Hydro Inspector (for permanent locations, only)
Signæure:
Date:
This Catering Vehicle/lvfobile Refreshment Vehicle has received all required inspections
Yes- No-
DECLARATION
solemnly decla¡e that all the st¿tements contained in this application are true and I make this solemn declaration
conscientiously believing it to be true.
SIGNATIJRE OF APPLICANT
Pe¡so¡al l¡formatio¡ o¡ this form is cotlected u¡der the .{ùthority of By-law 2007-235 Scheahle 3 ard *'íll be used to determine eligr'bility for a Cateriug Vehicle,Mobile
RefreshmEntVehicleLicense. Pursu¿¡ttotheMunicþalFreedornofl¡formationandProtectionofPrivacy.A,ct,questionsaboutthiscollectioaof¡rersonalinformation
should be di¡ected to the FOI Coordínator, 51942G5870 cxt. 1261.
of
License #
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NOTICE
Please be advised that it is your responsibility to ensure that all terms and conditions relating to
this apptication are adhered to fully before the issuance of a license is permitted.
Caterins Vehicles /Mobile Refreshment Vehicle - annual license
E appropriate fee ( as per schedule )
! completed application form, including applicable signatures for:
Þ approved Health Inspection
Þ approved Fire Inspection
Þ approved Propane Inspection
Þ approved Hydro Inspection
Þ verified zoning from Building Inspector or
Þ verifred compliance with applicable 2sning byJaw requirements
from a Municipal Law Enforcement Officer
ú writtenpermission from property owner, if other than applicant
Note: No sales are permitted on municipal property including sidewalks, roadlsEeets, road
allowances, municipal parks or parking lots.
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fir-'nolm€t/T 3
Mobile Food Yendors in Bayham
On Wednesday, May 20, 2009, the Otter Valley Chamber of Commerce Executive met
to discuss the issue of mobile food vendors in Bayham. Local restâurant oPerators were
also invited to the meeting.
Although the Chamber supports entrepreneurial initiatives the consensus was that we
do not support an exception for the mobile fish and chip unit currently under
discussion. We encourate the young entrepreneurs to take advantage of the special
events in and around the municipality this summer.
The Chamber's Economic Development Committee will work with Municipal Council
ensure that there are clear policies and guidelines in place no later than March l, 2010.
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAF'F REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: "Agricultural" Land Use Policies
DATE: ll/.ay 28,2009
FILE: D14.GEN
NUMBER:D2009-21
Purpose
To discuss an amendment to the Zoning Bylaw in regards to agricultural policies pertaining to "food
processing plant"s.
Background
There have been recent inquiries regarding our planning policies regarding "food processing plant"s on
agricultural parcels.
Current PolÍcies
Current Provincial Policy Statement 2005 Section 2.3 Agriculture Subsection 2.3.3 Permitted Uses
paragraph 2.3.3.1states "In príme agricultural qreas, permitted uses and activities are: agricultural
uses, secondary uses and agrículture-related uses ". This section goes on to state that"These uses shall
be limited in scale, and críteriaþr these uses shall be included in municipal planning documents as
recommended by the Province or based on municipal approaches which achieve the same objective."
Our current Official Plan policy 4.2.1.2 states "Agrícultural uses will be permitted and encouraged in
the "Agriculture" designation. Agriculture-related uses and secondary uses will also be permitted in
the "Agriculture" designation provided they are compatible with agriculture uses and do not
contribute to land use conflicts. These uses may íncludefarm-related industrial and commercíal uses."
More specific policies are included in our current ZoningByJaw under Section 5 - Agricultural (Al)
Zone Regulations that permits "Agricultural use" as defined in Section 2.9 as"Agricultural use shall
mean the cultivation of land, the productíon of crops, the breeding, raising and care of livestock and
the selling of such crops/livestock or the product of such crops/livestock røised on the premises ... ".
The intent of our current zoningbyJaw policy is that the use can be considered as an "agricultural use"
as long as it is small-scale and a significant portion of the crop is grown on-site.
One location of a food processing facility is a 92.94-acre farm parcel zonedAl that is under the same
ownership as four additional properties for a total overall acreage of approximately 184 acres. It is the
municipality's understanding that the "food processing plant" is located on the same property as the
majority of the crop is produced.
A second location is a69.72 acre parcel zoned Al and is under the same ownership as seven additional
farm parcels for a total overall acreage of approximately 1002 acres.
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Staff Report D2009-2l "Agricultural" Land Use Policies Page2
Staff Comments
As Council is fully aware, agriculture is changing and farmers are looking for ways to adapt by perhaps
growing different crops such as cucumbers, peppers, shallots and asparagus etc. In response to the
change we're seeing, Council may wish to consider policies to generally open up and remove the
restriction by permitting the "food processing plant" use on any agncultural property regardless of the
parcel size and the source of the crop, Council also has the option to maintain current policies that
deem a small-scale "food processing plant" use to be an agricultural use in the Al zone when a
significant portion of the crop is grown on-site. For information, other municipalities were polled on
their policies.
The Municipality of West Elgin does not have specific policies for food processing other than what
would be allowed under their "Farm Industrial" Zone as a site-specific permitted use.
The Township of Malahide policies are much like our own in that they support the farmer
growing/processing/selling food that helshe grows on his/her own farm as an acceptable agricultural
use. If the owner brings in crops off someone else's farm, rezoning is required to an Al Special Use
Zone or a Rural Industrial Use Zone to add the permitted use of a "food processing plant".
The Township of Delhi policies require a site-specific zoning on an Agricultural (A) Zoned property.
The Holding provision (h) may be used to ensure specific details of development with possible site plan
requirements are met.
The Township of Yarmouth Zoning By-law does not have specific regulations pertaining to a "food
processing plant". Their by-law does however require that for a property to be considered a farm it
must be a minimum of 25 acres. Their Official Plan contains policies that permit industrial and
commercial operations directly supporting agriculture implanented through a site-specific amendment
to the zoning by-law to control the proposed use. If a farmer proposes a small-scale "food processing
plant" as part of hislher own farm operation it would be considered part of their farm operation and
permitted as an accessory use on any of the lands that constitute apart of the farm operation. If a
farmer proposes something larger to process produce from outside their own operation it would be
considered an industriaVcommercial use directly supporting agriculture and supported through a site
specific zoning amendment.
Another consideration is that our municipality has several existing Al parcels that are undersized. The
smaller Al parcels are typically located in a rural cluster being several rural residences located within a
short distance. Permitting this use on any A1 parcel would include the undersized parcels where there
is increased potential for land use conflicts with neighbouring properties such as traffic, noise, esthetics
and required parking.
Should Council wish to pursue policy changes for the agricultural regulations it may mean changes to
the Official Plan policies, which is under 5-year Review now. As well, the ZoningByJaw policies
would require changes, which may be incorporated in the ZoningBy-law review expected later this
yeaf.
Strategic Plan Goal(s)
Goal # 3 Create a positive business atmosphere
Goal# 4 Be dedicated to service excellence
Goal # 6 Provide and encourage attractive lifestyle choices
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Staff Report D2009 -21 "Agricultural" Land Use Policies
RECOMMEND.4.TION
Page 3
íTHAT Staff ReportD2009-21 regarding "Agricultural" land use policies be received for
information."
Respectfully submiffed,
Planning Coordinator/Deputy Clerk
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6
lBl Group
203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 4727328
fax 519 4729354
To/Attention
From
cc
Subject
lntroduction
Municipality of Bayham
William Pol, MCIP, RPP
Date May 25,
Project No 3404
Steno rm
E
2
ITY
2009
Memorandum
GREEN ENERGY ACT 2OO9 UPDATE
The Green Energy Act (GEA) was introduced in February 23, 2009 to enact legislation that
encourages the development of renewable energy in the Province of Ontario. Further to the
memo of March 2009, this memo provides an update with respect to the legislation status,
transitional provisions and regulations, as the GEA moves forward towards implementation.
Planning Act
The legislation received Royal Assent on May 14,2009. Royal Assent means that the
government has adopted the legislation. Schedule 'K' of the GEA, regarding changes to the
Planning Act, comes into force on a day to be proclaimed by the Lieutenant Governor. The
changes to the Planning Act have not been proclaimed todate.
With respect to the Planning Act the GEA removes renewable energy projects from the
jurisdiction and authority of the Planning Act provisions. The following policies and regulations
do not apply to renewable energy projects:
. Provincial Policy Statement 2005 and other provincial plans except the Niagara
Escarpment Plan and any other prescribed plans.
. The Official Plan for the Municipality;
. Zoning By-law regulations;
. Site plan agreements;
. lnterim Control By-laws, Holding provisions and Development Permit by-laws;
. Consents up to fifty years are exempt from the Planning Act provisions.
There have been no amendments made to the Municipal Act, Highway Traffic Act or the Building
Code Act with respect to renewable energy projects.
Transition Provisions
The legislation provides a transition period between the time planning approvals were granted by
the Municipality to a future time when approvals are granted by the Ministry of the Environment'
The transition provisions allow an existing site plan agreement to remain in place, where the
lBl Group is a group of fìrms providing professional services and ¡s affiliated with lBl Group Architects
Memorandum dated May 25, 2009 from IBI Group regarding "Gree...
Page 113 of 303
lBl Group Memorandum
Munic¡pal¡ty of Bayham - May 25,2009
agreement has been made between the renewable energy developer and the municipality. lt will
remain in effect until the day a renewable energy approval has been issued. This approval will
be granted by the Director of the Ministry of the Environment, as provided for under the
Environmental Protection Act for Renewal Energy Projects.
Renewable Energy Regulations
The Province is preparing regulations for approval of renewable energy projects under the
Environmental Protection Act Part V.0.1, Renewable Energy. These regulations cover a broad
range of siting operations and land use issues. They will include the following regulations:
. Preparation and submission of applications;
. Eligibility requirements related to applications; ,
¡ Planning, design, siting, buffering provistons;
. Notification and consultation with municipalities and the public;
. Operations, maintenance and record keeptng;
. Location including prohibition or regulating construction in parts of Ontario; and
. Prohibiting the transfer of renewable energy approvals.
We expect these regulations to be posted on the Environmental Registry website
http://r¡'rryvw.ebr.qov.on.ca during the week of May 25. Council may wish to review these
regulations and provide comments to the Province with respect to their interest in renewable
energy projects. These regulations will be important for Council to understand their role
involvement in future renewable energy projects in the municipality.
lBl Group is available to provide additional comments to Council or municipal staff on the GEA.
We will continue to monitor the introduction of the regulations and provide updates to the
Municipality as necessary. Please contact this office should you have any questions.
IBIGROUP
William Pol, MCIP, RPP
Consulting Planner
J:\3404\O-O General\2 O Corres - Client\2009\PTMgreenenergyupdate2009{5-25.docxu009-05-25\RM
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Municipality of Bayham
Building Permits
For The Month of May 2009 File: PlO
Jun-02-2009
No.Date Roll #Permlt
Holder
Property Descrlptlon Butlding
Tvoe
Value Permit
Fee
Septic /Sewer
Fee
2S l-May 2-001-30700 Heinrichs. Ernest 33 Pitt Street Unit #5 constmct raised natio deck 96sc ft 3.000 75.0(
26 ll-Mav )-oo4-23102 Ville¡ Reniemin 8323 Sandvtown Road construct one storev storaee shed I 20so ft 2.000 75.0(
27 l2-Mav l-006-l 1545 Hill. David 56950 Eden Line construct oatio deck 340so ft 2,000 75.0C
28 l9-May Í-001-20501 FIarris. Duane 3 Pearl Sfeet construct patio deck to rea¡ ofhouse 256sq ft 2,00(75.0C
29 20-Mav )-007-04200 Walsh, Steven 9496 Snrinserhill Road :onstruct nipeon loft 480so ft 12.00(r 8s.0(
30 22-Mav )-007-04900 Giesbrecht- Peter 9924 Sorinserhill Road :onstruct oole bam for imolement storase l408so 10.00(399.0(
3l 22-May 0-006-r0800 Romart Inv. Inc 56616 Eden Line lonstruct 2 srain bins 4574sq ft & assoc equipment 1.300.00(383.0(
32 25-May 0-007-09600 Klassen. Abram )442 Richmond Road ùemollsh existins house 3.00(75.0(
33 25-Mav 0-008-09s l 0 Bolt, David 54582 Vienna Line install sentic svstern for existins shoo 2-00(40.0(350.0(
34 26-Mav 2-001-30700 Deaddier. Charles 33 Pitt Street Unit #15 :onstruct oatio deck 320so ft to side of mobile l -20(75.0(
35 26-Mav 0-005-05 l 20 fhiessen. Aa¡on 10527 Culloden Road sonstruct one storev house 2323so ft Watt sarase 200.00(1323.0(350.0(
36 27-Mav 2-001-48400 Duha. Jose 28 Addison Street construct one storev addition 3 I 2so ft to rea¡10.00(218.0(
37 27-Mav 0-006-09410 Fla¡¡ev. Grant 10460 Covle Road construct pole barn for machinerv storaee 576sq ft 6.00(207.0(
38 28-May 0-005-05102 Grim, David 10559 Culloden Road construct patio deck to rea¡ ofhouse 285sq fr 5,00(75_0(
39 29-Mav )-004-10408 Lucas- Curtis i6568 Herit¿se Line construct natio deck to re¿¡ ofhouse l44so ft 4.00c 75.0(
VI¡y-09 1.562.200 3.3s5.00 700.00
¿OO9 YEARTO DATE 2.713.800 13.242.00 2875.0t
Vlav-08 1.088-10(9-267.00 1225.0(
IOOS YEARTO DATE 2.740392 26.6t2.00 2800.0(
Prepared by:
sM6/1/2009
excel\monthly\buil dper X"ri"*"dAy@
Building Permit report for the month ending May 31, 2009. F...
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORANDTIM
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT z Bill22l - Worþlace Safety and Insurance Amendment Act (Presumptions for Firefighters)
Council has received several items of correspondence requesting support to have the same Presumption
W.S.I.B. coverage afforded to Volunteer and Part time Firefighters as is currentþ in place for full time
hrefighters. Before acting on such request, Council requested that further information be obtained
regarding potential costs.
Staff have made inquiries through the local MPP's office to the Ministry of Labour. In brief, it is
suggested that there will be increased costs to municipal employers should the application be extended.
As claims are experienced, the municipal group V/SIB premiums will be affected. The amount of impact
on employer premiums is difficult to determine (dependent on number and extent of claims), and staff are
not aware of any such detailed analysis/estimations. To give an idea of the quantum of claims, staff have
been advised that a typical claim of this type for full-time firefighters is estimated at $600,000.
DATE: June 1,2009
FILE:
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Page 118 of 303
Apn|29,2009
To whom it may concern:
Re: Bill22l, \ilorkplace Safety and fnsurance Amendment Act
lPresumptions for Firefishtersì
ctc
On April 14,2009 the Council of the Town of Ingersoll passed a resolution requesting the
Government of Ontario act immediatelyto include Volunteer and Part time Firefighters
with the same Presumption V/.S.I.B. coverage aflorded to full time firefighters.
Please join the Council of the Town of Ingersoll in supportrng the nearly 20,000
volunteer and part time firefighters who respond every day to emergencies in our
communities putting their lives and health at risk on behalf of the residents of Ontario.
We request that supporting resolutions and letters be forwarded to Ontario's Premier
Dalton McGuint¡ Minister of Labour the Honourable P. Fonsec4 Minister of
Commuru-ty Safety and Correctional Services the Honourable R. Bartolucci, your local
M.P.P., the Leader of the Progressive Conservative Party of Ontario, the Leader of the
New Democratic Party of Ontario, all Ontario Municþalities, the Association of
Municipalities of Ontario (AMO).
Together we can eliminate this discrimination and prove all firefighters in the Province of
Ontario the support so richly deserved.
Paul Holbrough,
Mayor,
Town of Ingersoll
130 Oxford Street
Ingersoll, ON N5C 2V5
519-485-0120
www.ingersoll.ca
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s(,
Reply to: Ktri O'Kane
519-84ê96€'l ext 243
mãit kokane@cenùerellingl.on.ca
May 5,2009
Ontario Municipalities
Re: Township of Centre Wellington Resolution
At their meeting held April 27,2009, the Council of the Township of Centre Wellington passed the
following resolution:
WHEREAS the Ontarìo Provincial Government on May 3, 2æ7 wÍth "all party
supporf" passed Bill 221 the Workplace Safety and Insurance Amendment Act
(Presumptions for Firefighters). This legislation was passed ln ræotd tîme (one
day) ræognizing the urgent næd to assist frreîÍghters, who develop ¡ob-reldted
canaer or sustain a heañ Ínjury, when they frle a claím wilh the Workplace Safety
and Insurance Boa¡d (WSIB);
AND WHEREAS presenfed with scientifrc proven data, üe Gove¡nment of Ontario
implementd rqulatÍons to immdiately cover "full-tíme' frrefrghters;
AND WHEREAS the Act clearly identifies the intent and allows lor the inclusion ín
the regulalions for "Volunteer and Pa¡t-time" firefighters;
AND WHEREAS fåe present ProvìncÍal Govemment in the past lwo years made
prcmises through lhræ Minislerc of Lahour, the Minister of CommunÍty Safety
and Co¡rectional Selices, Assisfanf Deputy Mínísters and othe¡ levels of
govemment, yet has failed to deliver lhe inclusion regulations for presumptíve
legislatÍon for volunteer and paft-time firefighters;
AND WHEREAS ln today's fíre seruìce of Composile/Pa¡1-timql/olunteer
Deparúnents and Province wide emergency deployment of Mutual AÍd, Full-time,
Voluntær and Pa¡ú-time firefîghterc work side by side every day. Volunteer and
Pa¡t-îime Firefíghters are the backbone to the Ontarìo Fire Seruice. Thesø brave
men and women gìve their time and setvice to protæt our homes, properties and
îamÍlies and deseve better;
AND WHERF;Á.S cancer and head alâck do not díscriminate between full-time,
voluntær and part-time firefighters;
AND WHEREAS fl¡ere is no explanatÍon othe¡ than flie govenment is clearly
disæiminatíng agai nst vol u nteer and pañ-time ñrefig htqs :
P0.Box l0.l MacDonaldSquare.ELoRA0N N081S0.519.846969.| . Fax:519.845.2190
www.centrewellington æ . clerks@centrewel¡ngton.câ
C-l o
Otlice o[ rhe C'lerk
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j
TO:
DATE:
SUBJECT:
Clo
The Gorporation of the Township of Woolwich
P.O. Box 158,24 Ghurch Street West
Elmira, Ontario N3B 2Zo
Tel. (5r9) 669-1647 / Fax: (519) 669-1820
All Ontario Municipalities
May 6, 2009
Resolution Requesting Support of an Extension to the Workplace Safety
and lnsurance Amendment Act to lnclude Coverage for Volunteer and
Part-time Fire Fighters
On April 7, 2009, the Council of the Township of Woolwich passed the following
resolution and respectfully requests the consideration and support of this resolution by
all municipalities in Ontario:
WHEREAS the Ontario Provincial Government on May 3, 2007 passed Bill 221 the
Workplace Safety and lnsurance Amendment Act. This legislation was passed to assist
firefighters, who develop job-related cancer or sustain a heart injury, when they file a
claim with the Workplace Safety and lnsurance Board (WSIB);
AND WHEREAS it was presumed at the time that such legislation would also apply to
volunteer firefighters who face the same exposures as their full-time (career) peers;
AND WHEREAS it appears that the coverage of volunteer and part-time firefighters under
this legislation is now uncertain;
AND WHEREAS cancer and heart attacks do not discriminate between FulþTime,
Volunteer, and Part-Time firefighters;
AND WHEREAS the vital service that the Township of Woolwich's volunteer firefighters
provide in protecting the lives and properties of our residents must be recognized as
equivalent to full-time firefi ghters ;
THEREFORE BE lT RESOLVED that the Township of Woolwich strongly urges that the
Provincial Government take immediate action to extend the legislation to include
Volunteer and Part-time Firefighters;
AND FURTHER BE lT RESOLVED that the Township of Woolwich requests the support of
all other Municipalities in the Province of Ontario in this resolution;
AND FURTHER BE lT RESOLVED that this and all supporting resolutions be forwarded to
Ontario Premier Dalton McGuinty; The Honourable Peter Fonseca, Minister of Labour;
The Honourable Rick Bartolucci, Minister of Community Safety and Gorrectional
Services; Harold Albrecht, MP; and Leeanna Pendergast, MPP.
Staff Memorandum regarding Bill 221, Workplace Safety and In...
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Page I ofl
Lynda Millard Atr
From: Schoufour, Chris [chris.schoufour@pc.ola.org]
Sent: Wednesday, May 27,2009 3:16 PM
To: Lynda Millard
ARNOTT & DT]NLOP FIGHT F'OR SAFER RURAL COMMTJNITIES
Ask Liberals to keep promise to protect volunteerfirefighters
(Queen's Park) - Simcoe North MPP Garfield Dunlop today joined Wellington-Halton Hills MPP Ted
Arnott in the fight to protect volunteer firefighters and rural communities.
Yesterday in the legislature, Arnott asked the McGuinty Liberals to keep their two-yea¡-old promise to
extend to volunteer firefighters the same presumptive workers' compensation coverage already in place
for full-time firefighters.
Today, Dunlop asked Community Safety Minister Rick Bartolucci if he agrees that Ontario's volunteer
firefighters should be treated as equal to Ontario professional firefighters and be included immediately
under presumptive legislation. The Minister passed off the question to the Minister of Labour, who once
again failed to address the issue.
"This makes two days in a row that the McGuinty Liberals have failed Ontario's volunteer firefighters
and families in smaller communities across Ontario," said Dunlop after Question Period. "As the
Minister responsible for the safety and well-being of all firefighters in this province, I am disappointed
that Minister Bartolucci would pass off the issue to another Minister and wipe his hands of it.
Firefighters deserve better and so do the many hundreds of thousands of rural Ontarians who rely on
volunteer firefighters to help keep them safe."
Dunlop noted that most of the McGuinty Liberals voted down Arnott's Bill 169, including Brant MPP
Dave Levac and Guelph MPP Liz Sandals. Bill 169 would have covered volunteer firefighters under the
presumptive legislation, allowing them to receive workers' compensation benefits if they were to
contract certain cancers or illnesses.
-30-
Contact:
Garfield Dunlop
(70s) 327-4500 (cell)
512712009
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OOOOSO AMPROELECTRICLTD.
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512112009
0512112009 2:45PM
0098657 PRESSURE SWTCH o5t21t2009 f 118.65 006503
Cheque Amount - 118.65
OOOO52 AMTELECOM COMMUNICATIONS
MaySf 98665521 MONTHLYTELEPHONE OSlOll2gJ,g I í,194.39 006504
Cheque Amount - 1,194.39
MOIOO CORPORATE EXPRESS
22æ3æ3 IABELS, PAPER, FOLDERS Ost14t2009 I 61.73 006s05
Cheque Amount - 61.73
OOO212 COUNTY OF ELGIN
1N000014280 PoLtcE SERV|CES - MAy09 05t1A2009 I 10,989.06 006506
Cheque Amount- 10,989.06
001432 CULLIGAN
E0933350515 UNITRENTAL 05/01t2009 t 26.20 006507
Cheque Amount -26.20
0æ245 DAYTRIPPING
3618 1/4 PAGEAD osto7r2009 I 401.10 006508
Cheque Arnount - ,101.10
OOO283 ED MATTHEWSCARPENTRY
010131 LATTTCE SECTTONS Ost1Z2009 I 393.75 006509
ChequeAmount- 393.75
M0316 EQUIPMENT CENTRE SIMCOE LTD
T050930 BREAKER 05/08/2009 I 50.85 006510
ChequeAmount- 50.85
000334 FASTE¡¡/ALCANADA
oNTls26296 SAFETYTOE COVERS, SLrp ONS 0st19t2009 r 238.06 006sr1
Cheque Amount - 238.06
OOO991 HORVATHAUTOPARTS
190589 DECALS 04t2312009 I il.24 006512
190870 BRAKE CLEA¡,¡ER, SOLVENT 05t02t2009 I 235.58 006512
Cheque Amount - 289.82
OOO427 HYDRO ONE NETWORKS INC
May 0@160{8880 UTILITIES - STRAF LIBRARY OSllll2OOg I 199.90 006513
May 12660€2007 UTILTIES - MED BLDG O5l11l200g I 91.81 006513
May 15773€8016 UTILITIES - PUMP#S 0511112009 I 388.19 006513
May 25260-09578 UTILITIES - OFFICE Oíllll2o0g I 459.41 006513
May 53993-93004 UTILITIES - PUMP*I4 OíhA2OOg I 58.83 006513
May 68860{8015 UTILITIES - STRAF FIRE 0511112009 I 313.01 006513
Page 'l
Cheque Register being Cheques #6503 to Cheque #6562 inclusiv...
Page 123 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 05121 12009
05t2'U2009 2:45PM
May 73394€1003
May 86590€7008
May 87MG15034
001006 MARTEVALLEE
18695
19189
19570
000606 MIKE HESCH
080942
1011M37752
10't't0438490
10110440230
101 10441361
101104429ri2
101 10446850
UTILITIES - PUMP#3
UTILITIES. PUMP#2
uTrLtTrEs - s.c.c.
PULLER SET, BIT
OIL, CHISEL
SOCKET, CHISEL
REPAIR WLSON DRAIN
SUPPLIES
SUPPLIES
SUPPLIES - S.C.C.
SUPPLIES
SUPPLIES
SUPPLIES. S.C.C.
0511u2009
o5l111200,9
05/1 l/2009
70.90 0065í3
232.W 006513
1,366.42 006513
OOO344 JACKSON SAFETY CAA¡ADA
90588439 STLVERTAPE, POST
Cheque Amount -
05/06/2009 r
3,181.37
r38.56 006514
Cheque Amount -138.56
1,937.90 006515
8s.54 006515
28.36 006515
04r2912009
0ø'122/2009
0512012009
Cheque Amount -
0512112009 I
2,051.80
241.50 006516
000617 MUDFORD FAI\4ILY FOOD TOWN
Cheque Amount -241.50
7.68 006517
78.33 006517
15.94 006517
't5.52 006517
'16.16 006517
18.'t5 006517
03r25t20Æ9
0312u2009
0410412009
04lo9næ9
o4t17t2@9
o5loa2009
000623 MUNICIPALITY OF BAYHAM
museum float
OO153O NORTRAX
P86q)1
OOO71O PORT BURWELL HOME HARDWARE
6829 BROOM, MOP
OOO733 R&RREFRIGERATÍON
Cheque Amount -
MUSEUM FLOAT 0511512009 I
Cheque Amount -
WNDOWPANE, PARTS MANUAL 04I29NOO9 I
Cheque Amount -
151.78
30.æ 006518
30.00
358.84 0065't9
05/15/2009 r
Cheque Amount -
2797 REPAIR FURNACE - MED BLDG 05/05/2009
2798 QUARTERLY BILLING MAINTENAN 05/05/2009
Cheque Amount -
OOO747 REID'S PRE-CAST CEMENT PRODUCT
35.0'1
828.79 006521
474.81 006521
358.84
35.01 006520
006522
Page
1,303.60
50.855628 6" RTSER 05t0112009 I
Cheque Register being Cheques #6503 to Cheque #6562 inclusiv...
Page 124 of 303
2009.05.01 6.3 90s0 MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - O5l21l2OOg
Cheque Arnount -
OOO829 SPECTRUM COMMUNICATIONS LTD
0000371¿t62
0000371783
HOLIDAY FEE. GOOD FRIDAY 05/15Í2009
ANSWERING SERVICE
OO.I418 TELUS
016242498008/6366069 CELL PHONE- B KNTFTON
000886 THERRIEN'S EXCAVATING
Cheque Amount-
05/05/2009 I
0512112009 2:45PM
006523
006523
m6524
m6525
05/15/2009
50.85
10.50
84.70
95.20
31.77
Cheque Amount -
05t1u2049 I
31.17
4,935.00DRAIN MA¡].TTENANCE
000913 TOVVhTSH|P OF MAt-At-ilDE
0s121 FIRSTAID/CPRTRAINING
Cheque Amount-
o5l1a2w9 r
4,935.00
698.25
OOO935 UNION GAS LIMITED
May 273-2'106'19G9754 UTILITIES - E.C.C.
May 27 T210624W25 UTILITIES - PUMP#1
698.25
270.æ m6527
18.90 006527
Gheque Anount-
Cheque Run Total -27,356.64
Page
Cheque Register being Cheques #6503 to Cheque #6562 inclusiv...
Page 125 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512812009
0512812009 9:524M
OOOO23 AAROCAGGREGATES LTD
J057326 GRAVEL, CRUSHED STONE 0413012009 t 1,715.25 006528
Cheque Amount - 1,715.25
000026 ABSCANADA
807574 WASHERS o5t12t2009 I 110.55 006529
Cheque Amount - 110.55
001058 AGRTCHOTCE
427 J WALKER - APPRATSAL RD ALLO! 05t22f2009 I 1,013.88 006530
Cheque Amount- 1,013.88
001448 B|O-AG SERMCES tNC.
119 SPREAD L|QUTD BTOSOLTDS O5t07t2009 r 5,925.15 006531
000220 CJDL
5't46
æ22
OOO282 ED BRADFIELD
2tu49
ChequeArnount- 6,533.11
OO1O12 CLEARTECH INDUSTRIES INC.
3737O4SJC CHLORINE 05/01/2009 I 243.U 006533
Cheque Amount - 243.U
OOOIOO CORPORATE EXPRESS
22665096 E¡{VELOPES, RUBBER BANDS 05t2112009 I 166.54 006534
ChequeAmount- 166.54
@0001 DPoc
031 POSTAGE
Cheque Amount - 1,050.00
000276 E.S. HUBBELL & SONS LIMITED
STEEL SIGN POSTS 05/08/2009 I 2,454.08 @6536
Cheque Amount - 2,454.08
EYEGLASSES 05fi32009 I 275.00 006537
Cheque Amount - 275.00
OOO3OO ELGIN ROAD SUPERVISORS
rodeo TRUCKRODEO
OOO322 EVANS UTILITY
0000133495 MAGNETICLOCATOR
OOO343 FI.AGS UNLIMITED
0512512009 I 300.00 006538
0511412009 I 1.'t86.50 006539
Cheque Amount - 5,925.15
SEPTAGE RECEIVING STATION O5l12l2c[/9 I 6,533.11 006532
o5l2u2æ9 I 1,050.00 006535
ChequeAmount- 300.00
Cheque Amount - 1,186.50
Page 1
Cheque Register being Cheques #6503 to Cheque #6562 inclusiv...
Page 126 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512812009
0512812009 9:524M
139167 BANNERS, GROMMETS. SLEE\ES 05/13/2009 I 561.84 006540
C,heque Amount - 561.84
001533 G & L BRAIDED ROPES INC.
6378 POLY ROPE BLUE & WlllTE 05t1112009 I 79.02 006541
Cheque Amount - 79.02
OO0/,27 HYDROONE NETWORKS INC
May 2539G07266 UTILITIES - MENNA STL 05/19/2009 I 547.32 @6il2
May25390-55002 UTILITIES - PT BUR STL HWY 19 05/19/2009 I 1,617.58 006542
May5022'l{5009 UTILITIES - SEWAGE P|ANT 05/19/2009 I 4,445.20 006312
May 6239È22001 UTILITIES - STRAF STL O5/19/2OO9 | 1,014.96 006542
May 62790{7266 UTILITIES - RCHMD STL 05/19/2009 I 181.10 æ6542
May 8159G07297 UTILITIES - EDEN STL 05/19/2009 I 487.6 w6542
May 87790{7295 UTILITIES - CORINTH STL 05/19/2@9 I 178.69 006542
000438 |TTW&WW
50058354 GRINGS
æ0445 JACKWATTERS BULLDOZING
1633 SHOULDER GRADING
0@4216 JACKIE EOOTLE
May15/09June15/09 MANAGERFEES
Cheque Amount- 8,472.31
o5t1112009 I 59.61 006543
ChequeAmount- 59.61
o5t25t2ú9 I 2,454.37 006544
Cheque Amount- 2,4il.37
05127t20æ I 791.66 006545
Cheque Amount - 791.66
000463 JERRYBAKER
300287 POSTER FRAMES, SIGNS 05t2012009 I 600.00 006546
Cheque Amount - 600.@
001534 JOHAT{ BAT\IMAN
refund deposit REFUND GRADING DEPOSIT OSf26l2OOg I 5æ.00 006547
ChequeAmount- 500.00
OOO489 K.D.N. PAVEMENT MARKINGS LTD
2740 CENTRE LINE MARKINGS 05/05/2009 I U,928-15 006548
Cheque Amount - 34,928.15
OOO5I3 KOOLEN ELECTRIC
14532 FLAGS 05/18/2009 I 511.88 006549
Cheque Amount - 511.88
OOO548 LLOYD MCQUIGGAN & SONS
032438 HAULING GRAVEL O5l15l2o}9 I 2,308.27 006550
Page 2
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Page 127 of 303
2009.05.01 6.3 9050
OOO572 MANULIFE FINANCIAL
100601512
100601728
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0512812009
Cheque Amount -
o6t15t2009
0s/15/2009
0512812009 9:52AM
JUNE'09 REMIT
JUNE'09 REMIT
2308.27
6,39.79 006551
4,175.29 006551
000633 NATURAL RESOURCE GAS LIMITED
Cheque Amount -10,530.08
235.05 006552
94.69 006552
14.39 006552
195.59 006552
119.36 006552
13.59 006552
14.83 006552
108.41 006552
65.76 006552
47.87 006552
13.59 006552
27-23 006552
126.32 006552
142.83 m6552
12.08 006552
't2.08 006552
MayE1237ù01
May 81421241
May E2238041
May E242@{1
May E45407-01
May E4540901
May E4541G01
May E51600{í
May F19290-01
May F2060GO1
May F268Al-01
May G0621G01
May G06305{1
May@630741
May G15700-01
May G40407{1
001480 NEWRO SALES (200,f) LTD
65ø8 PUMP REPAIR
OO153O NORTRAX
P87051
UTILITIES. FIREHALL
UTILITIES - MED BLDG
UTILITIES - PUMP#s
uTtLlTtES - S.C.C.
UTILITIES - OFFICE
UTILIITES - PUMP#2
UTILITIES - LIBRARY
UTILITIES. GARAGE
UTILITIES . EDISON MUSEUM
UTILITIES -V.C.C.
UTILITIES - PUMP#6
UTILITIES - PB LIBRARY
UTILITIES - PB MUSEUM
UTILITIES . PB FIREI-IALL
UTILITIES - PB OPP OFFICE
UTILITIES - PB WORKS
0512012009
05t2012009
o5t20l20n€
05t20t2009
ost20t2009
0512012009
0512012009
05t2012009
0512112009
0512112009
05t21t2009
0s1212:009
0512112009
o5t2112009
05t2112009
0512112009
Cheque Amount -1,243.67
u|.44 006553
0065il
006556
006557
o5t11l2æ9 I
Cheque Amount -
WASHERS, BUSHING, GUARD 05/05/2009 I
u1.44
336.66
Cheque Amount -
000665 ONTARIO GOOD ROADS ASSOCIATION
workshop T2 WORKSHOP - BRIDGE TOPS OSl25l2OO9 I
Cheque Amount -
OOIO2I POTTERS ROAD NURSERY INC
1141
001532 RELISH ELGIN
235
BLACK CEDARS 0512112009 I
Cheque Amount -
0413012009 I
336.66
262.50 006555
262.50
994 40
994.40
275.00lI2PAGE AÐ
Cheque Amount -275.00
Page
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2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM 0512A2009 9:524M
Accounts Payable
Royal Bank
Cheque Register - 0512812009
OOO783 ROYAL FENCE LIMITED
&u2 GUARD RA|L REpAtR - RTCHMD RE 05/042009 I 2,106.63 006558
Gtreque Amount - 518.07
æ1482 SUN MEDIA CORPORAT¡ON
x1l219os8 PLAl,l OF SUBDIVISION 05/062009 I 243.05 006560
OOO829 SPECTRUM COMMUNICATIONS LTD
0000371383 PAGER
OOO932 UNDERHILL FARM SUPPLYLTD
205365 LAWN SEED, OATS
OOI531 WIRED WORLD COMMUNICATIONS
INSTALLMODEM
ChequeAmount- 2,106.63
05/11/2009 I 518.67 006559
Cheque Arnount - 243.0s
o5t15120æ I 182.56 006561
Cheque Amount - '182.56
05/15f2009 I 168.66 006562
ChequeAmount- 168'66
Cheque Run Total - 89,43.85
Page 4
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Page 129 of 303
SORII I.IUNICIPALITY OF BAYHAI.I
TOT PACKETS -
CURRENT
I0,r50.57
ADP CANADAPAYROLL TECHNOLOGIESDAILY UPDATE REPORTCOI,IPANY TOTALS
ADJUST-CR CURRENT TOTAL
I 0, 150 .57
2 ,OOA . 04
5,009. t8
1,080.75
l8,228.54
59, 052.53
50.00
39,082.55
ANALYSIS OF
I TEI.I
HOURLY WORKPAYS
COURIER FEE
1I6.20
57,3r1.07
LL6.20
5. 8I
57,435. 08
SERVICE CHARGES
UNITS CHARGE
L4 2r.24
t 10.00
RUN: t'lAY I9 2009 N0: GPAGE: 266GST REc: I00057415 RT0004
COÌ{PANY PAGE: 5
DEBIT DATE: HAY 20, 2OO9
DATE 0F PAY: lt!-Y 22, 2OO9
YTD TOTAL
98,390.35 FEDL TAX
NR TAX
PROV TAX
19,540 . 15 EI CoNT
QPIP
49 ,082.08 CAN PEN
QC PEN
QC HSF
L0,579.!4 0N EHT
MB HET
NL HAPSET
L77 ,59I.72 TOT STATS
C1{EQUES
584 ,609.53 DEPoSITS
US DEPS
55O. OO DED DEPS
385,159.35 T0T NPAY
RRS P
RTI
562,75t.05 T0T PAYRoL
L,620.q4 SERV CHRG
E1 .05 GST
PST
564,452.52 GRAND TOT
UNITS CI{ARGE
L 46.00
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPIP
CAN PEN
QC PEN
QC HSF
ON EHT
I,IB HET
NL HAPSET
TOT STATS
CHEQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
2,OO8.04
5,009, I8
1,080.75
LA,228,54
39,032.55
50.00
39,082.55
57,5I1.07
rr6.20
5.81
57,455.08
ADJUST -DR
CHARGE
31 .92
7.00
YTD ADJUST
I T EI.,I
PAYROLL RUNS
ITEH UNITS
SALARIED }IORKPAYS 2L
PAY ADVICE FOLD 55
TOTAL S/C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS 57,433.oa DEBIT INFORI'|ATIoN: 003 05I0? I0lI925
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Suzanna Dieleman Mantel, Treasurer
SUBJECT: PSAB Compliance Report
DATE: l|/.ay 25,2009
FILE: Fdp ña5¿ls
NUMBER: F2009-30
Purpose
This report is to present council with the PSAB 3150 compliance report as prepared by Watson &
Associates Economists Ltd. and to recommend the required policies to adopt and incorporate the
historical fixed assets into the financial records of the municipality.
Background
Over the past couple of years, staff have compiled a detailed inventory list of tangible capital assets
owned by the municipality, including the type of asset, departmental use and the approximate year of
purchase or construction. Where possible, historical cost data was accumulated from the municipality's
financial records and matched to the various assets. This asset list and cost data was provided to our
consultants, 'Watson Economists, who, based on research and generally accepted valuation standards,
documented the data and provided valuations for the remainder of the assets. Based on this information,
a database of assets, historical costs and accumulated depreciation was constructed by the consultants.
This database is available for council's review in both paper and digital copy but is not attached hereto
due to its size.
Staff Comments
To comply with PSAB 3150 requirements, the municipality is required to incorporate its' tangible capital
assets into its' financial records. There are a number of policies that establish standards on how to
account for and report tangible capital assets in the financial statements of the municipality. These
policies, extracted from the Watson report and developed with staff input, are in two broad categories:
Inventory collection, valuation and maintenance policies and PSAB 3150 compliance policies.
Inventory collection, valuation and maintenance
1. Asset categories
2. Pooled tangible capital assets
3 . Capitalization thresholds
4. Valuation and measurement
5. Contributed or donated tangible capital assets
6. Leased tangible capital assets
7. Long term development or construction
8. Consolidated entities
9. Capitalizedinterest
10. Declaring a tangible capital asset as surplus
1 1. Nominal value tangible capital assets
12. Works of art and historic treasures
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PSAB 3150 compliance
13. Amortization methods and rates
14. useful life assumptions
15. Betterments
1 6. V/rite-offs/Write-downs procedures
These policies are attached for council's consideration.
Attachments
1. Extract from PSAB 3150 Compliance Report April 14, 2009 - Tangible Capital Asset Policies
2. Draft ByJaw No. 2009-030, to establish Tangible Capital Asset Policies
Strateeic Plan Goal
Goal #l - Practice responsible financial management.
Goal#2 - Ensure reliable, well maintained and secure infrastructure.
Goal #5 - Develop a new and improved infrastructure network
Recommendation
That byJaw 2009-80 being a by-law to
for enactment.
establish tangible capital asset policies be presented to council
Respectfully submitted
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3. TANGIBLE CAPITAL ASSET POLICIES
Watson & Associates EconomîEts Ud.
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3-1
3. TANGIBLE CAPITAL ASSET POLICIES
3.1 Backqround
The following policies were developed through discussions with Municipal staff, taking into
account the types, amounts and values of tangible capital assets in Bayham. These policies
have been reviewed and accepted by the Municipality's external auditor.
3.1.1 Purpose
The Canadian lnstitute of Chartered Accountants Public Sector Accounting Standards Board
has approved the recommendationsto Section PSAB 3150, Tangible Capital Assets. Starting
with December 31, 2009 financial statements, all Canadian local governments will be required
to account for Tangible Capital Assets at historical cost and amortize this cost over the
estimated life of all assets.
This policy establishes standards on how to account for and report tangible capital assets in the
fìnancial statements of the Municipality of Bayham.
The standards do not apply to intangible assets, natural resources and Crown lands that have
not been purchased by the MunicipaliÇ.
3.1.2 Definitions
a) Assets are defined as: economic resources within the control of the Municipality resulting
from past transactions or events and from which future economic benefits may be
obtained.
b) Amortization is the allocation of the cost (less the residual value) of a tangible capital
asset to operating periods as an expense over its useful life in a rational and systematic
manner appropriate to its nature and use. Amortization is also commonly known as
depreciation.
Watson & Associafes Eclnomists Ltd.
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3-2
c) Betterment is a cost incurred which enhances the service potential of a tangible capital
asset. Such expenditures would be included in the tangible capital asset's cost. Service
potential is enhanced for a tangible capital asset when costs are incurred to:
i. extend its useful life;
ii. increase its service capacity, or previously assessed physical output;
iii. lower any operating costs associated with the tangible capital assets; or
iv. improve the quality of the output from the tangible capital asset.
d) Capital Work-ln-Prooress is the cost of a Municipality's tangible capital assets under
construction, constructed or in an uncompleted process of acquisition and that are not
yet in service. Amortization is not applied to CapitalWork-ln-Progress.
e) Caoitalization Threshold is the value above which tangible capital assets are capitalized
and reported in the financial statements
f) Contributed (Donated) Assets are tangible capital assets received at no or nominal cost.
The cost of a contributed tangible capital asset is considered to be equal to its fair value
at the date of contribution. Some examples would include a transfer of tangible capital
assets from a more senior level of government for no cost; or the receipt of roads,
streetlights, and other infrastructure from a developer as part of a subdivision
agreement.
g) Equioment is defined as an apparatus, tool, device, machine, implement or instrument
utilized to facilitate a process, function or completion of a task. Equipment also includes
furniture and fixtures. lt may be installed within a building, but could be moved and
reinstalled at a different location, if required (it is not permanently affixed to or integrated
into the building or structure in which it resides).
h) Facilities (buildings) are defined under Part 1 of the Ontario Building Code as:
i. a structure occupying an area greater than ten square metres consisting of a wall,
roof and floor or any of them or a structural system serving the function thereof
including all plumbing, works, fixtures and service systems appurtenant thereto,
ii. a structure occupying an area of ten square metres or less that contains plumbing,
including the plumbing appurtenant thereto,
Watson & Assocrates Econom¡sts Ltd.
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3-3
plumbing not located in a structure,
a sewage system, or
structures designated in the building code;
Fair Value is the amount for which an asset could be exchanged, or a liability settled,
between knowledgeable, willing parties in an arm's length transaction who are under no
compulsion to act.
Historical Cost is the gross amount of consideration originally given up to acquire,
construct, develop or better a tangible capital asset, and includes all costs directly
attributable to the asset's acquisition, construction, development or betterment, including
installing the asset at the location and in the condition necessary for its intended use.
Capital grants would not be netted against the cost of the related tangible capital asset.
lnfrastructure Assets are composed of linear assets and their associated specific
components. Some examples would include: Transportation lnfrastructure (Roads -
including cycling lanes, bridges, tunnels, public transit rail line portion only, drainage
systems), Utilities (telephone, gas and electrical) and Environmental lnfrastructure
(water delivery systems, waste water treatment, storm drainage systems).
l) lntanqible Capital Asset is a non-financial asset that has no substance, such as
copyrights, trademarks, patents and goodwill. lntangible capital assets are separate and
distinct from tangible capital assets.
m) Land is deflned as real property in the form of a plot, lot or area. lncludes all
expenditures made to acquire land and to ready it for use where the improvements are
considered permanent in nature and includes purchase price, closing costs, grading,
filling, draining and clearing, removal of old buildings (net of salvage), assumption of
liens or mortgages, and any additional land improvements that have an indefinite life.
Land is valued separately from buildings which may be erected upon it.
n) Land lmprovements consist of betterments, site preparation and site improvements
(other than buildings) that ready land for its intended use, and which generally decay or
break down over time (i.e. have a defined useful life)..
ilt.
iv.
v.
i)
k)
Watson & Associafes Econom¡sts Ltd.
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3-4
o) Linear Assets are assets generally constructed or arranged in a continuous and
connected network.
p) Nature (of an asset) is a description of the type of asset, its characteristics, features and
location.
q) Net Book Value of a tangible capital asset is its historical cost, less accumulated
amortization and the amount of write-downs, if applicable.
r) Non-Financial assets are defined as: acquired, constructed or developed assets that do
not normally provide resources to discharge existing liabilities, but instead:
i. are normally employed to deliver government services;
¡i. may be consumed in the normal course of operations; and
iii. are not for sale in the normal course of operations.(PS 1000.42)
s) Pooled Tanqible Caoital Assets are homogenous in terms of their physical
characteristics, use and expected useful life. Pooled tangible capital assets are
amortized using a composite amortization rate based on the average useful life of the
different assets in a group.
t) Replacement Cost is the cost of replacing an asset with one that has substantially the
same functionality and capacity but has a different physical form or uses the most
common current technology.
u) Reoroduction Cost is the cost of replacing an asset with a substantially similar one, or
the price of replacing an asset in its present physical form and utilizing similar
technology to the original asset.
v) Residual Value is the estimated net realizable value of a tangible capital asset at the end
of its useful life to a local government. Also commonly referred to as salvage value.
Watson & Associates Economists Ltd.
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3-5
w) Tanqible CapitalAssets are defined as:
Non-financial assets having physical substance that:
i. are held for use in the production or supply of goods and services, for rental to
others, for administrative purposes or for the development, construction,
maintenance or repair of other tangible capital assets;
ii. have useful economic lives extending beyond an accounting period;
iii. are used on a continuing basis; and
iv. are not for resale in the ordinary course of operations. (PS 3150.05)
x) Useful Life is the estimate of either the period over which a local government expects to
use a tangible capital asset, or the number of production or similar units that it can obtain
from the tangible capital asset. The life of a tangible capital asset may extend beyond its
useful life. The life of a tangible capital asset, other than land, is fìnite, and is normally
the shortest of the physical, technological, commercial, and legal life.
y) Vehicle is a means of transportation, usually having wheels, for transporting persons or
things or designed to be towed behind such an apparatus. Also commonly referred to as
'rolling stock'.
z) Write-Down is a reduction in the cost of a tangible capital asset to reflect the decline in
the asset's value due to a permanent impairment.
3.2 lnventorv Gollection. Valuation and Maintenance Policies
3.2.1 Asseú Categories
a) Asset hierarchies have been created to be used in developing and maintaining the
inventory listing. The hierarchy identifies multiple "aggregation levels" which allow the
inventory data to be consolidated to assist the Municipality with multiple initiatives (e.9.
PSAB 3150 Financial Reporting, Financial lnformation Return Reporting, Budgeting and
Financial Planning, and Asset Management). Please refer to Appendix A for details.
b) As illustrated in the appendix to this policy, the asset hierarchies can be categorized into
multiple aggregation levels such as:
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i. AGGREGATION LEVEL (ASSET GODE) 1: Bv Asset Tvoe - a category of assets
that are objectively similar in nature or function in a municipality's operations. This
categorization is required for disclosure purposes on the annual audited financial
statements. A summary of asset types include:
¡ Land
Land improvements
Equipment
Vehicles
Facilities
lnfrastructure
ii. AGGREGATION LEVEL IASSET GODE) 2: Bv FIR Cateoorv - aggregation of
assets by functional seruice areas, in which an asset is used, with the annual
Financial lnformation Return (FlR) as a reference for categorization. This
categorization is required to complete the Municipality's annual FlR. A summary of
FIR categories used by the Municipality include:
. General Government
o Protection Services
o TransportationServices
. EnvironmentalServices
o Health Services
o Recreation & Culture
. Planning & Development
iii. AGGREGATION LEVEL IASSET GODEI 3: Bv Budqet Area - aggregation of
assets by departmental service areas, in which an asset is used, with the annual
Financial lnformation Return (FlR) as a reference for categorization. This
categorization assists the Municipality with internal reporting and budgeting as well
as detailed breakdowns for the annual FlR. Watson will be utilizing the data within
this aggregation to prepare the Phase 3 lifecycle financial plan for the Municipality.
Some examples of budget areas include:
o Administration
o Fire
. Protective lnspection & Control
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Roadways
Waterworks
Parks
Libraries
Planning
iv. AGGREGATION LEVEL (ASSET GODEI4-6: Bv Asset Detail - Description of the
specific asset being recorded. This categorization provides for asset management
related detail which better inform asset service life and capital planning. Some
examples of asset detail include:
. Specific land parcels
. Facility roof
o Gravel Roads
o Sidewalks
c) The hierarchies represent the applicable tangible capital asset groupings and level of
asset detailfor the Municipality of Bayham.
d) ln relation to the Facilities hierarchy, a facility or building must meet the definition
contained in policy 3.1.2 to be recorded as a facility. Failure to meet the definition
requires the asset to be recorded as an asset under another category (e.9. land
improvement or equipment).
Srng/e Asset vs. Component Approach
e) Certain complex tangible capital assets consist of a number of significant components.
PSAB 3150 provides the option to record complex tangible capital assets as a 'single
asset', or to record each major component as a separate asset.
f) Under the 'single asset' approach, cost includes all components combined, and
amortization is based on the average useful life of the entire asset. The replacements
of the individual components will be expensed as incurred.
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g) The component approach requires that the cost of each component be tracked, and
amortization is based on the expected useful life of each of the components. The
replacement of the individual components would be eligible to be capitalized.
3.2.2 Pooled Tangible Capital Assets
ln circumstances where multiple tangible capital assets are similar in nature and there is little or
no benefit in segregating out each individual item into separate assets, they may be grouped
into 'pooled tangible capital assets'. Common characteristics of pooled tangible capital assets
are:
a) Pooled Tangible CapitalAssets are assets normally bought or owned in quantity that are
treated as one single asset for accounting purposes.
b) Pooled Assets do not meet the single asset capitalization threshold individually, however
when pooled together exceed the pooled capitalization threshold.
c) Assets that will be pooled together will be identical or close to identical in terms of asset
type and characteristics.
d) The following represents a list of assets to be pooled by the Municipality:
i. Furniture
ii. Picnic Tables
ii¡. Computers
iv. Fire Equipment (Various)
v. Curb Stops
vi. Water Valves
vii. Hydrants
viii. Water Meters
ix. Wastewater Valves
e) For accounting purposes, pooled tangible capital assets will be tracked by year of
purchase, with a deemed disposition occurring in the final year of useful life, with the
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exception of the pool for Picnic Tables. The pool for Picnic Tables will deem one tenth
(1110) of the total pool disposed of at then end of each year.
3.2.3 Capitalization Thresholds
Each tangible capital asset type is assigned a capitalization threshold. Capitalization thresholds
represent the minimum amounts that capital related costs must exceed before they are
considered for capitalization as a tangible capital asset. This threshold will be used to
determine if a related cost incurred should be recorded as a tangible capital asset or if the cost
is immaterialand should be expensed in operations.
ln determining the capitalization thresholds, consideration has been given to:
a) weighing the benefits realized versus the costs incurred in collecting and maintaining the
tangible capital asset inventory for the various asset types, as some assets may be
impractical or prohibitively costly to maintain in the tangible capitalasset inventory;
b) ensuring the total value of assets below the thresholds (and therefore not capitalized) is
small enough that it will not exceed the external auditor's materiality level; and
c) the impact of changes in capitalization levels on future operating budgets and
performance measure reporting, which enhances comparabili$ on a year-to-year basis
and with other municipalities.
Table 3-1 illustrates the capitalization thresholds (by asset type) that have been established for
single assets within an asset type.
Table 3-1
Single Asset Gapitalization Thresholds
Asset Type Munlcipality of Bayham
Capitalization Thres holds
-and $5,00c
-and lmprovements $5,00c
:acilities $5,00c
ìollinq Stock Uehicles)$10,00c
louioment $5,00c
nfrastructure $20,00c
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ln the case of pooled tangible capital assets, the individual assets within the pool will be valued
below the threshold levels shown in Table 3-1. However, when the total value of the pool is
considered, it represents a signifìcant investment and should be recorded as part of the tangible
capital asset inventory.
Table 3-2 represents the combined historical cost value of a TCA pool (by asset type) needed to
create or maintain a pool. Please note that if a single asset exceeds the thresholds set in Table
3-1, then a pool cannot be created (must maintain as a single asset).
Table 3-2
Asset Type
Threshold Requlred to
GreatelMalntaln a Pool of
Assets
-and $15,00c
-and lmprovements $15,00c
:acilities $15,00c
ìollino Stock (Vehicles)$30,00c
iouioment $15,00c
nfrastructure $60,00c
Regarding annual purchases of pooled assets, any purchase that falls into one of the pooled
asset categories that exceeds $1,000 will automatically be accounted for as an addition to the
pooled asset. A purchase that falls below $1,000 will be expensed within the operating budget.
3.2.4 Valuation and Measurement
a) Historical cost valuation of tangible capital assets is required for PSAB 3150 compliance.
b) Valuation methods used when becoming PSAB 3150 compliantwill be documented for
review by the auditor during their year-end audit procedures. Actual historical cost will
be utilized for valuing tangible capital assets purchased, constructed or developed where
the information is readily available.
c) For tangible capital assets with no actual historical cost values, historical cost will be
estimated using alternative valuation techniques. For this purpose, replacement cost
values have been are to be used and then discounted to an estimated historical cost.
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d) The deflating or discounting process required the use of multiple indices. The indices
used by asset type are as follows:
Table 3-2
Historical Gost lndices
AssetType Naturc Preferred lndex þpendix
Iquipment & Rolling Stock Consumer Related Consumer Price lndex Appendix F
-and & Land lmprovements Consumer Related Consumer Price lndex Appendix F
=acilities/Buildings Construction Non Residential Building
Construction Price lndex Appendix G
nfrastructure Construction Non Residential Building
Conslruction Price lndex Appendix G
PSAB 3150 states that costs directly associated with prepar¡ng a tangible capital asset for its
intended use can be included as part of the historical cost of the asset. Some examples of valid
costs to be included:
. lnstallation and assembly costs (payroll costs of staff directly involved in
installation/assembly, contracted seruices);
. lnitialdelivery costs (freight, duty, transportation serv¡ces);
o Site preparation costs (demolition costs, environmental cleanup);
. lnitial testing costs to ensure the asset is functioning properly (payroll costs of staff
directly involved in testing, contracted services);
. Professional fees (engineering, legal, architect, environmental);
. lnternal design and inspection costs (payroll costs of staff while working directly on
capital asset design/inspection);
. Capitalized interest (borrowing costs) incurred during the period of time the capital asset
is actively being prepared for its intended use.
3.2.5 Contributed or Donated Tangíble Capital Assefs
PSAB 3150 requires municipalities to record contributed (or donated) assets as tangible capital
assets. Examples of contributed tangible capital assets include:
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. A road constructed by a developer (usually as
contributed to the Municipality;
o Donated playground equipment.
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part of a developer agreement) and
The contribution/donation could be made up of an entire asset, or a partial payment of an asset.
Contributed tangible capital assets will be recorded as follows:
a) as assets of the Municipality;
b) the timing of the recording of the contributed tangible capital asset will be at the date
when ownership is acquired;
c) if a development agreement is involved, ownership will be based on the terms and
conditions of the development agreement;
d) the cost will be considered to be equal to its fair value at the date of contribution;
e) when the asset contribution date differs from the asset purchase, construction or
development date by more than one year, the cost of the asset will be discounted using
relevant amortization rates in order to determine an accurate value at contribution; and
f) when costing data is not available from the contributor, the Municipality will use internal
costing data to estimate asset value. This internal costing data will be provided by the
respective department involved, and checked by the Finance department.
3.2.6 Leased Tangible CapitalAssets and Leasehold lmprovements
Certain leased assets are capital in nature and therefore qualiff to be included in the tangible
capital asset listing, due to the specifications in the terms of the lease. All leases that meet one
of the following conditions must be included in the tangible capital asset inventory in the same
manner as owned tangible capital assets:
a) the Municipality will own (or will likely own) the leased asset at the end of the term;
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b) the lease term is most (i.e. over 75o/o) of the estimated useful life of the leased asset;
c) the current value of lease payments over the term of the lease is substantially all (i.e.
over 90%) of the fair value of the leased tangible capital asset; or
d) other lease terms suggest that the lease is capital in nature.
As at December 31 ,2007 the Municipality of Bayham did not have any leases in place that have
determined to be capital in nature. The above conditions will be used to test future leases for
capital related qualities.
ln lease arrangements where the leased asset does not qualiff to be included in the tangible
capital asset listing (i.e. it is operating lease), any modification to the leased asset can be
considered a leasehold improvement and capitalized for PSAB 3150 purposes where each of
the following four criteria have been met:
a) modifications must have been made to leased assets;
b) the Municipality (as lessee) must pay for the improvements (without reimbursement from
the lessor);
c) the leasehold improvement should meet the definition of a tangible capital asset; and
d) the modification reverts back to the lessor at the end of the lease (i.e. cannot be
separated from the leased property).
Leasehold improvements are amortized over the useful life of the improvement or the lease
term (including any renewal option where extension of the lease is expected) whichever is
shorter.
Where the leased asset qualifies to be included in the tangible capital asset listing, the
modification is classified as a betterment and capitalized as part of the original cost of the
capital asset; amortized over the useful life of the asset unless the life of the beüerment is
significantly less than that of the asset.
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3.2.7 Long term Development or Construction of Tangible Capital Assefs
PSAB 3150 states that the following must be presented in the notes to the Municipality's annual
financial statements:
The net book value of tangible capital assets not being amortized because they are under
construction or development or have been removed from service; (PS 3150.42b)
Due to this requirement, the Municipality's asset hierarchy has been established so that this
information can be easily extracted from the inventory database. "Construction in Progress"
accounts have been established to ensure these assets will not be amortized until they are put
into service.
As part of the year-end procedures, a "Construction in Progress" report that illustrates all activity
posted to these accounts with be maintained by the Finance department. Departments will
review the report annually to ensure that once a tangible capital asset is put into service that it is
excluded from the construction in progress report.
3.2.8 Tangible CapitalAssefs of Consolidated Entities
ln situations where a joint service board exists (i.e. local service board) and the Municipality of
Bayham has partial control or ownership of the Board:
a) Tangible capital assets of the Board will be inventoried and maintained by the Board.
The results will be shown in the Board's annual financial statements. lt is the
Municipality's preference that similar inventory policies, procedures and asset structure
as identified in this policy be utilized by the respective Boards.
b) The Municipality of Bayham, through the year-end audit process, will consolidate its
share of the Board's financial statements with the Municipality's activities for the
purposes of the Municipality's year-end consolidated financial statements.
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3.2.9 Capitalized lnterest
lnterest costs attributable to financing up-front costs of the acquisition, construction, or
development of tangible capital assets will be expensed in the operating budget, and not
capitalized.
3.2.10 Declaring a Tangible Capital Assef Surplus
lf a Tangible Capital Asset goes from being "in use" to being "for sale", it must be classified as
an inventory item held for resale (i.e. not a tangible capital asset). ln order for an asset to be
reclassified as a surplus asset, all of the following criteria must be met:
a) Council has committed to selling the asset;
b) The asset is in a condition to be sold;
c) The asset is publicly seen to be for sale;
d) There is an active market for the asset;
e) There is a plan in place for selling the asset; and
f) lt is reasonably anticipated that the sale will be completed within one year of the financial
reporting date.
3.2.11 Nominal Tangible Capital Assefs
PSAB 3150.42 requires municipalities to disclose the nature and use of tangible capital assets
that have been recorded at nominal amounts. Assets can be recorded at nominal amounts if
estimating the historical cost of the assets is very difficult, and the resulting net book value
would be immaterial. A list of assets that have been recorded at nominal values will be
maintained by the Municipality, to ensure the Municipality will be in a position to disclose the
required information each year on the financial statements.
3.2.12 Works of Art and Historical Treasure
Works of Art and Historical Treasures owned by the Municipality are not to be included in the
tangible capital asset listing since a reasonable estimate of the future benefits associated with
these items cannot be made. However, the nature of these assets must be disclosed in the
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notes to the annual financial statements. Some examples of items that fall under this category
include:
Works of art (i.e. in a museum or used as decoration in a Municipal building);
Antiques owned by the Municipality (i.e. antique fìre trucks used in parades).
Works of Art and Historical Treasures will be treated as follows:
All assets that are considered works of art or historical treasures will not be recorded as
tangible capital assets in the Municipality's asset inventory.
All works of art and historical treasures will be tracked only for financial statement note
disclosure on an annual basis. Note disclosure will be based on the nature of the
assets, not the quantity and value.
Any future purchases of works of art and/or historical treasures will be expensed to
operations at cost.
3.3 PSAB 3150 Compliance Policies
3.3.1 Amortization Methods and Rates
PSAB 3150 requires tangible capital assets to be amortized "in a rational and systematic
manner appropriate to its nature and use by the government". To meet these requirements, the
Municipality will utilize the Straight Line amortization method for all tangible capital assets with
the exception of rolling stock. No amortization will be charged in the year of acquisition. For
amortization calculation purposes, residual value will be zero for all tangible capital assets.
Rolling stock amortization will be based on kilometres or hours driven over a kilometre or
number of hours useful life per asset. lf none of those are applicable the straight-line method
will be implemented, as above. For the rolling stock assets using the alternative method,
amortization will be charged in the year of acquisition.
a
a
a)
b)
c)
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TYPE PATTERN Ð(AMPLE
Straight Line Amoñization Consrsfenf over life $10,000 asset
+ 10 year life
$ 1,000 amoñization per year.
Kilometres / Hours Driven Varies per year by usage $32,000 asset
+300,000 km usefullife
x 30.000 km driven in 2007
$ 3,200 amoñization for 2007
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3.3.2 Useful Life Assumptions
The determination of expected useful lives for tangible capital assets requires consideration of
several factors, including present condition, intended use, expected deterioration, technological
obsolescence, construction type, geological factors, and planned maintenance policy. The
estimated useful lives used in calculating amortization are summarized in Appendix D.
3.3.3 Betterments
For a cost to be included in the value of a tangible capital asset as a betterment, one of the
following must be true:
a) Non-Complex Network System Tangible CapitalAssets (i.e. equipment, rolling stock)
a. lncreases previous physical outpuUservice capacity;
b. Operating costs are lowered;
c. Useful life of the asset is extended; or
d. Quality of output has improved.
b) Complex Network System Tangible Capital Assets (i.e. roads, water/sewer systems)
a. lncreases the service potential of the tangible capital asset (may or may not
increase useful life).
Please refer to Appendix C for further details.
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3.3.4 Write-Offs4ltlrite-Downs
PSAB 3150.31 states the following:
"When conditions indicate that a tangible capital asset no longer contributes to a government's
ability to provide goods and services, or that the value of future economic benefits associated
with the tangible capital asset is less than its net book value, the cost of the tangible capital
asset should be reduced to reflect the decline in the asset's value."
There are many different factors that may lead to one or more of the Municipality's assets
having a value that is less than its calculated net book value for PSAB purposes, including the
following:
o Unforeseen damage to the asset;
. Expected maintenance plan not adhered to;
. Changes in geological or weather conditions;
. Developments in technology resulting in obsolescence; and
. A change in how the asset is used.
The write-off/write-down process for the Municipality of Bayham is as follows:
a) Every year during the year-end process, an evaluation process will be initiated by the
Finance department, in conjunction with all departments to identify any tangible capital
asset requiring a write-off or write-down.
b) During this process the Finance department will provide tangible capital asset listings
(showing historical cost, accumulated amortization, and net book value) to each
respective department.
c) The departments will document (in writing) where write-offs are required to the Finance
department, who will assess the need for the write-offs and post the necessary
transactions.
d) All write-offs will be charged to the applicable operating budget area from which the
tangible capital asset is used.
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TTIE CORPORATION OFTHE
MUMCIPALITY OF' BAYIIAM
BY-LA'iü NO.2009-080
A BY-LAW TO ESTABLISH TA¡IGIBLE
CAPITAL ASSET POLICIES
\ryHEREAS subsection llQ) of the Municipal Act, 2001 provides. io putt" "a lower-tier
municipality and an upper-tier municipality may pass by-laws, subject to the mles set out in
subsection (4), respecting the following matters:
3. Financial management ofthe municipality and its local boards."
AND \ilIIEREAS section 294.1 ofthe Municipal Act, 2001 rcqwres amunicipality to followthe
generally accepted accounting principles for local govemments as recommended by the Public
Sector Accounting Board of the Canadian Institute of Cha¡tered Accountants.
THEREFORE THE COUNCIL OF THE CORPORATION OÍ'THE MUNICIPALITY
OX'BAYHAM ENACTS AS tr'OLLOWS:
1. THAT the Tangible Capital Asset Policies as detailed in the Municipality of Bayham
PSAB 3150 Compliance Report dated April 14,2009,as prepared by tüatson and
Associates, be and the same are hereby adopted by the Municipality of Bayham.
2. TIIAT this byJaw shall come into full force and effect upon final passing.
READ A FIRST, SECOI\ID AND THIRD TIME AND FINALLY PASSED TIIIS 4I¡ DAY
ox'JTJNE 2009.
MAYOR CLERK
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THE CORPORATION OF TIIE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: May22,2009
FROM: Suzanna Dieleman Mantel, Treausrer FILE: A@
SUBJECT: Customer Service Accessibility Policy NUMBER:F2009-28
PurDose
This report is to recommend a Customer Service Accessibility Policy pursuant to requirements under the
Accessibility for Ontarians with Disabilities Act, 2005.
Background
The Accessibility for Ontarians with Disabilities Act, 2005 has a number of requirements that are being
addressed via regulation. Standards that will be addressed include customer service, transportation,
information and communication, employment and the built environment. The first regulation to be
issued details the standards for customer service.
The Customer Service regulation establishes accessibility standards for customer service and applies to
every provider of goods or services. All public bodies including governments and their related
organizations must be in compliance with this regulation by January I, 2010. All private sector
organizations must be in compliance by January 1,2012.
Staff Comments
The attached policy is presented for Council consideration.
Attachments
1. Customer Service Accessibility Policy
2. Customer Service Accessibility Information Guide
Strateeic Plan Goal
Goal#4 -Be dedicated to service excellence.
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Recommendation
That byJaw 2009-79 being a by-law to establish customer service policies and procedures under the
Accessibility For Ontarians llith Disabilities Act, 2005 be presented to council for enactment;
And that the Customer Service Accessibility Policy and the related Customer Service Accessibility
Information Guide, as attached to Report No. F2009-28,be adopted.
Respectfully submitted
Suzanna Dieleman Mantel, Treasurer
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THE CORPORATIONOF THE
MI]NICIPALITY OF BAYIIAM
BY-LAW NO.2009-079
A BY-LAW TO ESTABLISH CUSTOMER SERYICE-9"#;3:,îÈ?i,ry;^"3iffi .:i,3"#iy
DISABILITIES ACT, 2005.
WHEREAS Ontario Regulation 42gt0T,vndertheAccessibilityfor Ontarians with Disqbilities
Act, 2005 rcquires all public sector organizations to "establish policies, practices and procedures
governing the provision of its goods and services to persons with disabilities"
THEREFORE THE COI'NCIL OX'THE CORPORATION OF THE MUNICIPALITY
OX'BAYHAM ENACTS AS FOLLOWS:
l. THAT a customer service accessibility policy be established as detailed in Schedule "4"
attached hereto.
2. TIIÁ,T a customer service accessibility information guide be approved as the Primary
training document under the customer service accessibilþ policy and is attached hereto
as Schedule "B".
3. TIIAT this bylaw shall come into full force and effect upon final passing.
READ A FIRST, SECOI\ID A¡tD THIRD TIME AND FINALLY PÄSSED THIS 4th DAY
OF'JU¡IE 2009.
MAYOR CLERK
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Schedule "A" to By-Law 2009'079
Customer Service Accessibility Policy
OBJECTIVES
l. This customer service policy outlines the procedures to be followed in the
provision of service to the general public and, more specifically, those persons
with disabilities.
(a) Services must be provided in a manner that respects the dignity and
independence of persons with disabilities.
(b) The provision of services to persons with a disability and other persons
must be integrated unless alternate measures are necessary to obtain, use
or benefit from a service provided by the municipality.
(c) Persons with disabilities must be given an opportunity equal to that given
to other persons of the general public to obtain, use or benefit from
municipal services.
3. Barriers to access shall be identified on an on-going basis and shall be removed,
reduced, or mitigated as is feasible.
DEFINITIONS
4. Accessible: capable of being entered or reached; approachable; easy to get at;
capable of being influenced; obtainable; easy to understand or appreciate.
5. Barrier: anything that prevents a person with a disability from fully participating
in all aspects of society because of his or her disability, including a physical
barrier, an architectural barrier, an information or communications barrier, an
attitudinal barrier, a technological barrier, a policy or a practice. (Accessibility þr
Ontarians with Disabilities Act, 2005)
6. Disability:
(a) any degree of physical disability, infirmity, malformation or disfigurement
that is caused by bodily injury, birth defect or illness and, without
limiting the generality of the foregoing, includes diabetes mellitus,
epilepsy, a brain injury, any degree of paralysis, amputation, lack of
physical co-ordination, blindness or visual impediment, deafness or
hearing impediment, muteness or speech impediment, or physical reliance
on a guide dog or other animal or on a wheelchair or other remedial
appliance or device,
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 160 of 303
(b) a condition of mental impairment or a developmental disability,
(c) a learning disability, or a dysfunction in one or more of the processes
involved in understanding or using symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under
the insurance plan established under the Worþlace Safety and Insurance Act,
1997.
(Acc e s sibility for Ontarians with Dis abilities Act, 2 00 5)
7. Service or companion animal: An animal is a service animal for a person with a
disability
(a) if it is a guide dog as defined in section lof the Blind Persons Rights' Act.
(b) if it is readily apparent that the animal is used by the person for reasons
relating to his or her disability; or
(c) if the person provides a letter from a physician or nurse confirming that
the person requires the animal for reasons relating to the disability.
(Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 42917
ss4(8) & (e)
8. Support person: another person who accompanies a person with a disability in
order to help with communication, mobility, personal care or medical needs or
with access to goods or services.
(Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 42917 ss4(8))
COMMI-INICATION
9. When communicating with a person with a disability, the municipality shall do so
in a manner that takes into account the person's disability.
10.If a person with a particular type of disabilþ is having difficulty accessing a
service, discuss with them the barrier that he or she is facing, what alternative is
available to meet the immediate service need and what could potentially be done
to remove, reduce or mitigate the barrier. These discussions should be brought to
the attention of the administrator for further review.
11. When communicating with a person, the municipality shall consider the person's
needs and either make use of an assistive device or change the method of
communication to a medium more appropriate in the circumstances.
12. Where possible, the municipality shall design original forms of communication to
be more accessible.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 161 of 303
13. Where feasible, alternative formats should be considered and produced to meet
other needs. Altemative formats readily produced include Accessible Adobe
Acrobat, audiocassette or CD, electronic text (via diskette, e-mail, world wide
web), and large print text.
14. If a person with a disability asks for a document in an alternative format, you may
discuss what options they have available to them and agree on a format you will
provide.
15. Alternative formats, if not available immediately upon request, should be
produced and provided within 5 business days.
ASSISTIVE DEVICES
16. Persons are permitted without restriction to use personal assistive devices that
enable them or enhance their ability to access municipal services.
17. Currently the municipality does not have any assistive devices. Assistive devices
will be investigated and acquired as demand is identified. Accessible technology
will be considered with all future acquisitions and programming.
18. Upon request or where appropriate, assistance may be given by a staff member or
volunteer to enable a person with a disability to access municipal services.
SERVICE OR COMPANION ANIMALS
19. Service and/or companion animals are permitted to accompany a person with a
disability in all areas of the municipality that are open to the public.
20.1f it is not readily apparent that an animal is a service animal, you may ask the
person using the animal for a letter from a doctor or nurse, on their letterhead,
stating the animal is needed because of a disability. The letter does not need to
identifr the disability, why the animal is needed or how it is used.
2I.The animal must be supervised and the person must retain full control of the
animal at all times.
22.If a service animal becomes unruly or disruptive (umping on people, biting,
making excessive noise or other harmful behaviour), the person may be asked to
remove the animal from the area.
23. A person that has care or control of a service animal that is a dog must comply
with the municipality's dog control by-law.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 162 of 303
SUPPORT PERSON
24. Support persons are permitted to accompffiLy aperson with a disability in all areas
of the municipality that are open to the public. The municipality reserves the
right to request the person with a disability be accompanied by a support person in
circumstances considered necessary to protect the health and safety of the person
with a disability andi/or the health and safety of others on the premises.
25. Unless the person with a disability wishes certain matters to be dealt with
privately, support persons are permitted to stay with the person. Where personal
information is required to be disclosed and/or discussed, it is appropriate to ask
the person prior to commencement of the discussion if they want the support
person to remain or to wait nearby.
26. Support persons are required to contribute monies for admission to local museums
and events hosted by committees of council in the same manner as all other
members of the public. Please be aware that most local festivals are not hosted by
committees of council and may be subject to different rules.
DISRUPTION OF SERVICES
27 .If there is a temporary disruption in municipal facilities or services, notice of the
disruption must be provided to the public either upon awareness of an impending
disruption or as soon as possible following coÍrmencement of an unexpected
disruption.
28. A notice of disruption must include information about the reason for the
disruption, its anticipated duration and a description of alternative facilities or
services, ifany, that are available.
29.The notice is to be posted at the front of the municipal office, at the front of the
affected facility (as applicable) and posted on the municipal website.
TRAINING
30. The municipality shall ensure that the following persons receive training about the
provision of its services to persons with disabilities:
(a) All members of council.
(b) All full time and part time members of staff, whether permanent or
temporary.
(c) All seasonal employees.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 163 of 303
(d) All contractors or third party providers who deal with members of
the public on behalf of the municipality such as community centre
managers.
(e) All volunteers who deal with members of the public on behalf of the
municipality such as members of committees, museum boards,
community centre boards and cemetery boards as well as fire
fighters.
31. Training for everyone noted in section 30 shall include:
(a) A review of the pu{pose of the Accessibility for Ontarians with
Disabilities Act, namely that it recognizes the history of
discrimination against persons with disabilities in Ontario and that it
provides for the involvement of all persons, governments and their
agencies, industries and various sectors of the economy to establish
accessibility standards in order to achieve accessibility for Ontarians
with disabilities.
(b) A review of the requirements of the Accessibility Standards for
Customer Service Regulation, namely that it establishes accessibility
standards for customer service and it applies to every provider of
goods or services whether public or private.
(c) A review of this policy, namely the expectations of all persons
providing services to the public within the organization of the
Municipality of Bayham.
(d) A discussion of how to interact and communicate with persons with
various types of disabilities.
(e) A discussion of how to interact with persons with disabilities who
use an assistive device or require the assistance of a guide dog or
other service animal or the assistance of a support person.
(Ð A lesson on how to use assistive devices available on the
municipality's premises or otherwise provided by the municipality
that may help with the provision of services to a person with a
disability.
(g) A discussion of what to do if a person with a particular type of
disability is having difficulty accessing the municipality's services.
32. Trainng shall be provided initially to everyone noted in subsections 30(a), (b), (d)
and (e) no later than December 31,2009.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 164 of 303
33. Training shall be provided to all new persons, including seasonal staff, during
their first [day, meeting, practice] of service or change of position with the
municipality. Thereafter, training shall be provided as changes are made to any
policies, practices or procedures. The municipality may provide additional
training if, in its discretion, a refresher of this policy and its requirements is
warranted.
34. At the present time, the municipality does not own or operate any assistive
devices that may be beneficial to persons with disabilities. In the event that the
municipality purchases an assistive device, this policy will be updated and
training on its use will be provided.
35. The clerk shall maintain a log of training provided including such data as who
received the training, the date and the format in which the training was provided.
FEEDBACK
36. Questions, comments or concerns regarding the manner in which the municipality
provides services to persons with disabilities may be made by any person.
37. Questions, coÍtments or concerns may be provided to the municipal office in
person, by telephone, in writing or by electronic text by e-mail, on diskette or
otherwise.
38. At a minimum, feedback must be accompanied by the person's name, contact
information and sufficient detail of the issue to identifr the area of concern.
Recommendations or suggestions for improving service are welcome and will be
taken into consideration by staff when determining a resolution to the issue.
39. All feedback received shall be forwarded to the appropriate department head for
initial review. The department head shall be responsible for addressing and
responding to the issue(s) raised.
40. The department head may collect information regarding the issue or concern from
staff, council, third party providers and/or volunteers involved. The department
head may also contact the person submitting the feedback for clarification or to
obtain additional information.
41. In collaboration with the administrator and the person submitting the feedback,
the department head shall determine the most appropriate means of addressing the
issue or concern to best meet the needs of a person with a particular type of
disability. In the event that the most appropriate means is not feasible for the
municipality to undertake, the municipality and the person may determine an
alternate acceptable means of providing the service or addressing the issue or
concem.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 165 of 303
ADMINISTRATION
42. This is an over-arching policy that applies to all other policies, practices and
procedures that pertain to the provision of services within the municipalþ
regardless of whether they were established before or after this policy.
43. The Accessibility for Ontarians with Disabilities Act, the Accessibility Standards
for Customer Service Regulation and this policy are to be taken into consideration
and incorporated into other municipal policies, practices and procedures as they
are established, amended or reviewed.
44. This is a public policy and may be provided, in suitable format, to any member of
the public who requests a copy. It will also be posted on the municipal website.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 166 of 303
Appendix A: Sample Feedback Form
Customer Feedback Form
The Municipalþ of Bayham values all its' residents and visitors and strives to meet
everyone's needs. We welcome your comments and feedback.
Please tell us the date and time of your visit:
Please tell us the reason for your visit:
Was the service you were seeking provided in an accessible, courteous manner? Y N
If no, please explain:
Did you have any difficu Ities accessing our services? Y N
If yes, please explain:
Please add any suggestions or comments you may have:
Name:
Address:
Phone:e-mail:
Please let us know your preferred means of communication.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 167 of 303
Schedule '68" to By-Law 2009-079
Customer Service Accessibility
Information Guide
Preamble
The Accessibilityfor Ontarians with Disabilities Act, 2005 was enacted by the Ontario
government in 2005. Its' purpose is stated in section 1:
"Recognizing the history of discrimination against persons with disabilities in
Ontario, the purpose of this Act is to benefit all Ontarians by,
(a) developing, implementing and enforcing accessibility standards in
order to achieve accessibility for Ontarians with disabilities with respect to
goods, services, facilities, accommodation, employment, buildings,
structures and premises on or before January 1,2025; and
(b) providing for the involvement of persons with disabilities, of the
Government of Ontario and of representatives of industries and of various
sectors of the economy in the development of the accessibility standards."
Under this Act, a number of regulations are anticipated addressing several areas of
accessibility. These regulations will propose standards that must be met by organizations
across the province including all levels of government and their various bodies. The first
standard is the customer service standard, which this information guide and related policy
addresses. Other standards that are in the process of being developed include
transportation, information and communication, employment and the built environment.
These standards are expected by regulation over the next few years.
The Customer Service regulation establishes accessibility standards for customer service
and applies to every provider of goods or services. All public bodies including
governments and their related orgatizations must be in compliance with this regulation
by January 1,2010. All private sector orgarizations must be in compliance by January 1,
20t2.
Expectations
This information guide is under the Customer Service Accessibility Policy as passed by
the Council of the Municipality of Bayham. You need to be familiar with both the policy
and the guide.
When providing services to the public, regardless of whether they have a disability or not,
it is expected of all members of the municipal organization (as defined in section 30 of
the Municipality of Bayham's Customer Service Policy) to do so in a respectful,
courteous and considerate manner. Rudeness and disrespect will not be tolerated and
those persons exhibiting such behaviour may be subject to disciplinary action.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 168 of 303
When interacting with persons with disabilities, take into consideration the particular type
of disability they have. For instance, if a person is deaf you may need to communicate by
writing notes to each other. If a person is confined to a wheelchair, you may need to
move to a different location within the office to provide face-to-face communication. If a
person has a mental impairment or developmental disability, you may need to break
down the information into simple parts using easy to understand words. It is up to the
person providing the service to assess the situation, discuss options with the person
accessing the service if necessary and provide the service in the most appropriate manner.
Communication
In addition, when providing services to a person with a disability, the following applies:
1. When interacting with a person with a disability who requires the assistance of a
service animal, you shall bear in mind the following:
(a) Do not pet or touch a service animal. Petting or touching a service
animal when the animal is working distracts the animal from the task
at hand.
(b) Do not feed a service animal.
(c) Do not deliberately startle a service animal. Avoid making noises at
the animal (growling, whistling, etc.)
(d) Do not separate or attempt to separate a person from his or her
service animal.
(e) Avoid initiating conversation about the service animal, the person's
disabilities or other service animals one has known.
(Ð Remember that not all disabilities are visible. The nature of a
person's disability is a private matter and you are not entitled to
inquire for details. Further, a person is not required to provide any
information about training or the specific tasks the service animal
performs.
2. When interacting with a person with a disability who requires the assistance of a
support person, staff shall bear in mind the following:
(a) Talk to the person who is accessing the services offered by the
municipality and not to the support person. If the support person is
providing language intervention (sign language, interpretation, etc. ),
all responses should be directed to the person making the inquiry and
not the support person.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 169 of 303
(b) Do not separate or attempt to separate a person from his or her
support person.
(c) Remember that not all disabilities are visible. The nature of a
person's disability is a private matter and you are not entitled to
inquire for details. Further, a person is not required to provide any
information about the specific tasks the support person assists with.
3. During the development of printed or electronic information, design the originals
to be more accessible. Have large print or screen-reader compatible options
available in the office or on the web site. Items to consider when producing
printed materials:
(a) Contrast - use high contrast colours for text and background
(b) Point size - keep text larger (12-18 points) and use a mix of upper and
lower case letters
(c) Leading - the space between lines of text should be at least 25 percent
of the font size
(d) Font - use standard fonts with easily recognizable characters and a
medium thickness; avoid light type with thin strokes
(e) Margins and columns - separate text into columns to make it easier to
read, use wide binding margins or spiral bindings; flat pages work best
for vision aids such as magnifiers
(f) Paper finish - use a matte or non-glossy finish to cut down on glare,
avoid watermarks or complicated background designs
(g) Clean design and simplicity - use distinctive colours, sizes and shapes
on the covers of materials to make them easier to tell apart
(Reference: Canadian National Institute for the Blind, Print Clarity
Standards, June 2006)
Resolutions
If a person with a particular type of disability is having diffrculty accessing the
municipality's services, you should discuss with them the barrier they have encountered.
The discussion should include alternatives the person would like to use, alternatives the
municipality can readily provide and a mutual agreement as to the method of service
delivery. The discussion should be documented and forwarded to the appropriate
department head. Where feasible, long-term solutions should be implemented to address
the barrier or issue encountered.
Staff Report F2009-28 regarding Customer Service Accessibili...
Page 170 of 303
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Suzanna Dieleman Mantel, Treasurer
SUBJECT: Financial Report
DATE: May 29,2009
FILE: F 03
NUMBER: F2009-31
Background Comments
Please find attached a detailed financial report to May 31,2009 for council's information.
The transfer of the nurse practitioner back to the municipahty is reflected in the financial
records. Grants are being received to offset these costs.
A detailed capital report is also attached for your information.
Recommendations:
That Staff Report F2009-31 regardingftnancíal reporting be received.
Respectfully submitted,Reviewed by,
Encl.
Suzanna Dieleman Mantel, Treasurer
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 171 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 3'1 ,2009
2810512009 4:24PM
2008 Year Total 2009 YearTo Date
Ac{ualAccount Description Budget Pct Used Total Budget
REPORT SUMMARY
01-0510 GENERALTAXATION
O1-0520 OTHER REVENUES
01-0530 COUNTYTAXATION
01-0540 PUBLIC SCHOOL TAXATION
0,1-0550 SEPARATE SCHOOL TAXATION
O1-1010 GENERALGOVERNMENT
01-1020 couNclL
O1-2010 FIRE DEPARTMENT
0't-2020 PoLIcESERVICES
01-2040 PROTECTIVE INSPECTION & CONTRO
01-2050 BY-I.AWENFORCEMENT
o1-25',t0 RoADs
01-2520 ROADS - WINTER CONTROL
01.3O1O WATER SYSTEM
01-3020 SEWAGE SYSTEM
O1-3030 WASTE DISPOSAL
0.1-3510 HEALTH SERVICES
01.4510 PARKS & RECREATION
01-4520 COMMUNITY CENTRE-STRAFF
O1-4530 COMMUNITY CENTRE-VIENNA
01.4535 EDEN COMMUNITY CENTRE
01.4540 LIBRARIES
O1-4550 MUSEUMS BAYHAM
01-5010 PLANNING & DEVELOPMENT
01-5012 BUSINESS & COMMERCE
01-5015 TOURISM & MARKETING
O1.5O2O ENVIRONMENTALSERVICES
01-5510 CAPITAL
O1-5520 CASH REQUIREMENTS
Fund 01 Total Revenue
O1-0510 GENERALTAXATION
01-0530 COUNTYTAXATION
O1-0540 PUBLIC SCHOOL TAXATION
OI-0550 SEPARATE SCHOOL TAXATION
O1-1010 GENERAL GOVERNMENT
01-1020 couNclL
01-2010 FIRE DEPARTMENT
0't-2020 PoLlcEsERVlcEs
3,260,210.00
634,968.79
(8,e60.62)
(13,144.07)
(3,617.86)
10,339 97
206.62
1,731 87
65,712.04
18,075 00
't5,303.00
192,396.33
9,917.73
168,535 3l
176,303.14
18,462.66
41,',t23.O3
0.00
4,842.58
4,450.00
0.00
16,505.88
6,084.66
26,455.94
(4200)
3,100.00
13,311 68
2,'t50.00
't98,245.23
119.67 2,724,256.00
46.35 1,370,001.00
0.00 0 00
0.00 0.00
0.00 0.00
27.70 37,333.00
0.00 0.00
16.49 10,500.00
82.14 80,000.00
26.86 67,300.00
57.21 26,750.00
52.18 368,696.00
100.18 9,900.00
33.36 505,184.00
32 06 549,944.00
ô3.66 29,000.00
0.00 0.00
0.00 2,600.00
28.49 17,000.00
42.38 ,10,500.00
0.00 7,695.00
25.86 63,816.00
23.39 26,010 00
103.75 25,500.00
(4.08) 1,030.00
47.69 6,500.00
125.53 10,604.00
0.05 4,247,188.00
46 01 430,900 00
4,862,666.91
(1,971.74)
605,1 29.00
598,368.00
88,9 t 0.00
221,571.47
29,066.25
111,553.14
241,193.27
45.75 10,628,207.OO
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
40.99 540,501.00
39.86 72,915.00
33.74 330,662.00
34.26 704,047.00
36Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 172 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
2008 Year Total 2009 Year To Date
ActualDescription
O1-2030 CONSERVATIONAUTHORITY
01-2040 PROTECTIVE INSPECTION & CONTRO
O,I-2050 BY-TAWENFORCEMENT
01-2510 ROADS
01-2520 ROADS - WINTER CONTROL
01-2540 STREET LIGHTS
01-3010 WATER SYSTEM
O1-3020 SEWAGE SYSTEM
01.3O3O WASTE DISPOSAL
01-3510 HEALTH SERVICES
O1-3520 CEMETERIES
O1-4010 GENERALASSISTANCE
0145'IO PARKS & RECREATION
014520 COMMUNIry CENTRE-STRAFF
014530 COMMUNITY CENTRE-VIENNA
OI-4535 EDEN COMMUNITY CENTRE
01-4540 LtBRARtES
01-4550 MUSEUMS BAYHAM
01.5OIO PIáNNING & DEVELOPMENT
01-5012 BUSINESS & COMMERCE
01-5015 TOURISM & MARKETING
O1-5020 ENVIRONMENTALSERVICES
0l-55'10 CAP|TAL
O1-5520 CASH REQUIREMENTS
Fund 01 Total Expenditure
Fund 0l Excess Revenue Over (Under) Expenditures
Report Total Revenue
Report Total Expenditure
Report Excess Revenue Over (Under) Expenditures
36,176.00
27,218.28
19,535.68
646,310.49
65,394.48
23,324.98
92,662.04
1 36,550.1 5
't33,407.47
51,469.81
0.00
0.00
't4,679.52
27,001.72
17,517 47
6,206.66
11,949.63
15,722.23
42,154.66
1,887.03
7,335.03
13,658.33
239,395.31
0.00
Budget Pct Used Total Budget
'100.00 36,176.00
29.49 92,284 00
27.95 69,897.00
54.61 1,183,438.00
55.72 117,355.00
48.11 48,480.00
1834 505,183.00
24.83 549,945.00
30.55 436,732.00
539.18 9,546.00
0.00 16,500.00
0.00 7,800.00
26.25 55,922.00
38.79 69,616.00
33 83 51,774.00
38.25 16,225.00
50.35 23,734.00
16.88 93, 144.00
42.41 99,406.00
58 97 3,200.00
15.59 47,055.00
48.44 28,196.00
5.55 4,314,974.00
0.00 1 ,103,500.00
3,523,376.36 33.15 10,628,207.00
1,339,290.55 0.00 0.00
4,862,666.91
3,523,376.36
45.75 10,628,207.00
33.15 10,628,207.00
1,339,290.55 0.00 0.00
Page 37
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 173 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28105t2009 4:24PM
Account Description
2008 YearTotal 2009 YearTo Date
Aciual Budget Pct Used Total Budget
Fund: 0l General
Category: 0???
O51O GENERAL TAXATION
Revenue
01-0510-4010 Residential & Farm
01-0510-4030 Commercial Unoccupied
01-0510-4040 Commercial Occupied
01-0510-4050 lndustrial Unoccupied
01-0510-4060 lndustrial Occupied
01-0510-4080 Farmlands
Total Revenue
Expense
01 -051 0-5620 Tax Adjustments
01 -051 0-5630 Assessment Charges
Total Expense
Dept Excess Revenue Over (Under) Expenditures
3,268,213.33
5,307.36
(4,775.84)
't,364.26
(10,421.36)
522.25
119.97 2,724,256.00
0 00 0.00
0.00 0.00
0.00 0.00
0.00 0 00
0 00 0.00
3,260,210.00 119.67 2,724,256.00
(2,046.74)
75.00
0.00
0.00
0.00
0.00
(1,97',\.74)000 0.00
3,262,181.74 119.75 2,724,256.00
Page
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Page 174 of 303
2009.05.01 6 3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28l05l2}Og 4:24PM
2008 Year Total 2009 Year To Date
ActualAccount Description Budget Pct Used Total Budget
O52O OTHER REVENUES
Revenue
01-05204110 Grants & Subsidies
01-0520-4120 Sundry Revenue
0í-0520-41 30 lnterest on Taxes - Current
01-0520-4140 lnterest on Taxes - Prior
01-0520-4150 lnvestment income
01-0520-4'1 80 Prior Year Surplus(Deficit)
Total Revenue
Dept Excess Revenue Over (Under) Expenditures
634,968.79 46.35 1,370,001.00
634,968 79 46.35 1,370,001.00
597,000 00
880.74
5,942.46
27,051.40
4,094.19
0.00
50.00 1,194,001.00
44.04 2,000.00
18.57 32,000.00
64.41 42,000.00
5.85 70,000.00
0.00 30,000.00
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 175 of 303
2009.05.01 6 3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
28105/2009 4:24PM
Account Description
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total Budget
O53O COUNTY TAXATION
Revenue
01-0530-4010 County - Residential
01-0530-4030 County - Commercial Unoccupied
01-0530-4040 County - Commercial Occupied
01-0530-4050 County - lndustrial Unoccupied
01-0530-4060 County - lndustrial Occupied
01-0530-4080 County - Farmlands
Total Revenue
Expense
01-0530-5100 County Tax Requisitions
Total Expense
Dept Excess Revenue Over (Under) Expenditures
(1,896.73)
4,703.40
(4,244.01)
1,199.42
(s,r 85.51)
462.81
0.00
0.00
0.00
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(8,s60.62)0.00 0.00
605,1 29.00 000 0.00
605,129.00 0.00 0.00
(614,089.62)0.00 0.00
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 176 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
28lO5l2OOg 4:24PM
2008 Year Total 2009 Year To Date
ActualAccount Descr¡ption Budget Pcl Used Total Budget
O54O PUBLIC SCHOOL TAXATION
Revenue
01-0540.4010 Pub Sch - Residential
01-0540-4030 Pub Sch - Commercial Unoccup
0'1-0540-4040 Pub Sch - Commercial Occup
01-0540-4050 Pub Sch - lndustrial Unoccup
01-0540-4060 Pub Sch - lndustrial Occup
0l-0540-4080 Pub Sch - Farmlands
Total Revenue
Expense
01-0540-5100 Pub Sch Tax Requisitions
Total Expense
Dept Excess Revenue Over (Under) Expenditures
(13,144.07)0.00
598,368.00 0.00
598,368.00 0.00
(611,512.07)0.00 0.00
(857.19)
5,502.33
(4,901.29)
2,015.17
(15,1',t2.64)
209.55
0.00
0.00
000
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
000
000
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 177 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
2008 Year Total 2009 Year To Date
Account Description Actual trdn", *:ïO arn:rdgel
O55() SEPARATE SGHOOL TAXATION
Revenue
01-05504030 Sep Sch - Commercial Unoccup
01-0550-4040 Sep Sch - Commercial Occup
01-0550-4050 Sep Sch - lndustrial Unoccup
01-0550-4060 Sep Sch - lndustrial Occup
Total Revenue
Expense
01-0550-5100 Sep Sch Tax Requisitions
Total Expense
Dept Excess Revenue Over (Under) Expenditures
Category Excess Revenue Over (Under) Expenditures
1,592.97
(1 ,419.00)
583.40
(4,375.23)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(3,617.86)0.00 0.00
88,910.00 0.00 0.00
88,910 00 0.00 000
(92,527.86\0.00 0.00
2,579,020 98 62.99 4,094,257.00
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 178 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28t0512009 4'.24PM
2008 Year Total 2009 Year To Date
ActualAccount Description Budget Pct Used Total Budget
Category; 1???
1O1O GENERAL GOVERNMENT
Revenue
01-101041 10 Grants & Subsidies
0'l -10104120 Tax Certifìcates
01-1010-4130 Fees & Service Charges
01-1010-4140 Lottery Licences
01-10 10-4190 Contributions from Reserves
Total Revenue
Expense
0í-1010-5100 Salaries & Wages
01-1 010-51 10 Statutory Benefits
0l-1010-5120 Non-Statutory Benefits
01-1010-5í40 Payroll Service Charge
0l-1010-5í45 Bank Service Charges
01-101 0-5'160 lnternet Charges
01-1010-5170 Supplies
01-1010-5180 Gomputer Support
01-1010-5185 lT & GIS Support
01-1010-521 0 Utilities
01 -10'10-5220 Subscriptions & Publications
01 -1 01 0-5240 Advertising
01-1010-5250 Association & Membership Fees
01-1010-5260 Auditing Fees
01 -1010-527 0 Building Maintenance
01-1010-5280 Equipment Maintenance
01-1010-5290 Grounds Maintenance
01-'1010-5300 lnsurance
01-1010-5305 lnsurance Deductibles
01-1010-5310 Legal Fees
01-1010-5320 Postage & Courier
01-10'10-5330 Training & Education
01-'1010-5340 Conferences & Seminars
01-1010-5350 Travel
01-1010-5360 Telephone
01-1010-5370 Sundry
Total Expense
Dept Excess Revenue Over (Under) Expenditures
15.00
2,345.00
5,230.25
2,749.72
0.00
000
33.50
24 91
39.28
0.00
0.00
7,000.00
21,000.00
7,000.00
2,333.00
10,339.97 27.70 37,333.00
't23,702.73
11,648.19
18,437.33
1 ,510.96
696.1 2
389 75
4,600.57
7,309.36
0.00
4,255.29
475.33
357.15
1,304.60
4,533.00
1,445.37
5,201.23
704.04
17,377.13
553.50
1,384.50
4,145.79
't,257.63
150.00
1,292.63
3,285.79
5,553.48
41.22 300,083.00
35.29 33,009 00
40.96 45,012.00
43.17 3,500.00
53.55 1,300.00
42.46 918.00
50.01 9,200.00
32.63 22,400.00
0 00 13,200.00
45 90 9,270.00
66.95 710.00
35.72 1,000.00
57.98 2,250.00
55.96 8,100.00
12.04 12,000.00
39.11 13,300.00
56.32 1,250.00
99.30 17,500.00
5.54 10,000.00
55.38 2,500.00
36.59 11,330 00
4't.92 3,000.00
3.75 4,000.00
25.10 5,150.00
43.70 7,519.00
185.12 3,000.00
221,571.47 40.99 540,501.00
(211,231.50)41.98 (503,r68.00)
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 179 of 303
2009 05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
2008 Year Total 2009 Year To Date
Ac{ualDescription
1020 couNclL
Revenue
01-10204'130 Sundry Revenue
Total Revenue
Expense
0í -1020-5100 Salaries & Wages
01-1020-51 10 Statutory Benefits
01-1020-5250 Associat¡on & Membership Fees
01-1020-5340 Conferences & Seminars
01-1020-5350 Travel
01-1020-5370 Sundry
01-1020-5410 Election Expense
Total Expense
Dept Excess Revenue Over (Under) Expenditures
Category Excess Revenue Over (Under) Expenditures
206 62
Budget Pcl Used Total Budget
0.00 0.00
206.62 0.00 000
21,135.80
1,231.62
0.00
5,953.77
391.50
353.56
0.00
38.39
41.05
0.00
85 05
19.58
70.71
0.00
55,061.00
3,000.00
1,854.00
7,000.00
2,000.00
500.00
3,500 00
29,066.25 39.86 72,915.00
(28,859 63)39.58 (72,915.00)
(240,091.13)41.68 (576,083.00)
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 180 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28lÛ5l20}g 4:24PM
Account Description
2008 YearTotal 2009 YearTo Date
Actual Budget Pct Used Total Budget
Category:, 2???
2O1O FIRE DEPARTMENT
Revenue
01-20104130 Fees & Service Charges
01-2010-4180 Donations
01-2010-4190 Contributions from Reserves
Totel Revenue
Total Expense
Dept Excess Revenue Over (Under) Expenditures
0.00
1,731.87
0.00
0.00 2,500.00
0.00 0.00
0.00 8,000.00
1,731.87 16.49 '1 0,500.00
Expense
01-2010-5100 Salaries & Wages
01 -2010-5102 FireFighters Remuneration
01-2010-5105 Emergency Planning Wages
01-2010-51 10 Statutory Benefits
01 -2010-5'120 Non-Statutory Benefits
01-2010-5130 Uniforms
01-2010-5150 Supplies - Emergency Op Centre
01-2010-5'160 Supplies - Medical Response
01-2010-5165 Supplies - Municipal Water Consumption
01-2010-5170 Supplies - Office
01-2010-5175 Equipment Purchase - Operating
01-20'10-5'180 Equipment Purchase - Protective
01 -20'l 0-521 0 Utilities
01 -20'l 0-5240 Advertising
01-2010-5250 Association & Membership Fees
O'l -2010-527 0 Building Maintenance
01-2010-527 5 Cleaning Supplies
01 -2010-5280 Equipment Maintenance
01-2010-5285 Communications Eq Maintenance
0'l -2010-5290 Grounds Maintenance
01 -2010-5295 Vehicle Maintenance
01-2010-5300 lnsurance
01-2010-5310 Legal
01-2010-5320 Postage & Courier
01-2010-5330 Training & Education - Fire
01-2010-5335 Training & Education - Emergency Planning
01-20'10-5340 Conferences & Seminars
0l-2010-5350 Travel
01-2010-5360 Telephone - Stations
01-2010-5365 Telephone - Chief
01-2010-5370 Sundry
01-2010-5420 Fire Prevention Expense
01-2010-5/25 Public Education
01-2010-5430 91 1 Dispatching
01-2010-5440 9l'l Other
01-201 0-5450 Automatic Aid Contract
28,824.00
0.00
1,767.87
4,286 87
3,210.31
30.24
0.00
103.ô2
0.00
957.70
126.76
4,545.63
9,672.37
0.00
450.00
745.75
132.61
767.35
2,593 95
't,775 36
't,673 82
20,949.28
000
478.49
'15,488.17
0.00
715.60
1,521.00
1,063.12
210.83
410.75
320.6 t
732.00
7,999.08
0.00
000
46 53
0.00
21.02
37.31
30 42
4.03
000
0.00
0.00
95.77
1.49
53.48
53.66
0.00
62.07
12.43
26.52
25.58
51.88
59.18
29.55
100.41
0.00
39.87
71.70
0.00
23.85
40.56
35.44
35.14
5.13
't4.25
73 20
47 79
0.00
0.00
61,948.00
83,394.00
8,411.00
11,489 00
10,554.00
750.00
1,000.00
0.00
1,000.00
1,000.00
8,500.00
8,500.00
't8,025.00
500.00
725.00
6,000.00
500.00
3,000.00
5,000.00
3,000.00
5,665.00
20,863.00
1,000.00
1,200.00
21,600.00
2,000.00
3,000.00
3,750.00
3,000.00
600.00
8,000.00
2,250.00
1,000 00
16,738.00
4,000.00
2,700.00
111,553.14 33.74 330,662.00
(109,821 27)
Page
34.30 (320,162.00)
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 181 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28lO5l2OOg 4:24PM
Account Description
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total Budget
2020 POLICE SERVICES
Revenue
O1 -20204120 POA Revenues
01-2020-4'130 Sundry
01 -20204190 Contributions from Reserves
Total Revenue
Expense
01-2020-5210 Utilities
01 -2020-527 0 Bu¡lding Maintenance
01 -2020-5290 Grounds Maintenance
01-2020-5300 lnsurance
01-2020-5360 Telephone
0'l -2020-5450 Service Contract
01 -2020-5460 Police Services Board
Total Expense
Dept Excess Revenue Over (Under) Expenditures
65,712.04 82.14 80,000.00
241,'t93 27 704,047.00
(175,481.23)2812 (624,047.00)
56,9'14.09
8,797.95
0.00
189.71 30,000 00
0.00 0.00
0.00 50,000.00
394.20
0.00
155.91
168.00
't15.24
237,110.61
3,249.31
12.76 3,090.00
0.00 500.00
62.36 250.00
100.00 168.00
19.21 600.00
34.05 696,439.00
108.31 3,000.00
3426
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 182 of 303
MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period I To Period 5 Ending MAY 31 ,2009
2008 YearTotal 2009 YearTo Date
Account Description Actual Budget Pct Used Total Budget
2O3O CONSERVATION AUTHORITY
Expense
01-2030-5460 Conservation Authority
Total Expense
Dept Excess Revenue Over (Under) Expenditures
100.00 36,17ô.00
Page 10
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 183 of 303
2009.05.0'1 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period I To Period 5 Ending MAY 31 ,2009
28lO5l2OOS 4:24PM
2008 Year Total 2009YearTo Date
ActualDescription
2O4O PROTECTIVE INSPECTION & CONTRO
Revenue
01-2040-4130 Building Permits
01-20404140 Septic System Permits & PDC's
01-20404150 Sundry Revenues
Total Revenue
Expense
01-2040-5100 Salaries & Wages
01 -2040-51 1 0 Statutory Benefits
01 -2040-51 20 Non-Statutory Benefits
01-2040-5170 Supplies
01-2040-5220 Subscriptions & Publication
01 -2040-5240 Advertising
0'l-2040-5250 Association & Membership Fees
0'l -2040-5295 Veh icle Maintenance
01-2040-5300 lnsurance
01-2040-5310 Legal Fees
01-2040-5330 Training & Education
01-2040-5340 Conferences & Seminars
01-2040-5350 Travel
01-2040-5360 Telephone
01-2040-5370 Sundry
01 -2040-551 0 Administrative Overhead
Total Expense
Dept Excess Revenue Over (Under) Expenditures
15,975.00
2,100.00
0.00
Budget Pct Used Total Budget
26.63 60,000.00
30.00 7,000.00
0.00 300.00
18,075.00 26 86 67,300 00
19,939.67
2,020.81
3,810.68
26.82
75.00
0.00
200.00
176.48
902.00
0.00
(220.00)
0.00
s',t.75
153.51
81.56
0.00
33.28
30.66
42.40
2.90
30.00
000
50.00
17.18
100.00
0.00
(8.80)
0.00
5.75
28.43
5.29
0.00
59,920.00
6,591.00
8,988.00
925.00
250.00
200.00
400.00
1,027.00
902.00
2,500.00
2,500.00
2,500.00
900.00
540.00
1,541.00
2,600.00
27,218.28 29.49 92,284.00
(9,143.28)36.60 (24,984.00)
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 184 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28l15l209g 4:24PM
Account
2008 Year Total 2009 Year To Date
ActualDescription Budget Pct Used Total Budget
2O5O BY-LAW ENFORCEMENT
Revenue
01-20504'120 Dog Tag Sales
0l-2050-4150 Recoverable Costs
Total Revenue
Expense
01-2050-5100 Salaries & Wages
01-2050-51 10 Statutory Benefits
0'l -2050-5120 Non-Statutory Benefits
01-2050-5150 Health & Safety Supplies
O'l -2050-51 7 O Supplies
01 -2050-517 5 Enforcement Costs
01 -2050-5240 Advertising
01-2050-5250 Association & Membership Fees
01 -2050-5295 Vehicle Maintenance
01-2050-5300 lnsurance
01-2050-5310 Legal Fees
01-2050-5330 Training & Education
01-2050-5340 Conferences & Seminars
01-2050-5350 Travel
01-2050-5450 Service Contract
01-2050-5470 Dog Tags - Licensing Agent
01-2050-5475 Dog Tags - Supplies
Total Expense
Dept Excess Revenue Over (Under) Expenditures
15,303.00
0.00
77 .48 19,750 00
0.00 7,000.00
15,303.00 57.21 26,750.00
6,388.68
600.86
1,333.92
0.00
102.17
0.00
0.00
139.00
508.1 0
902.00
3,045.95
415.00
150.00
0.00
5,950.00
0.00
0.00
23.46
20.06
32.65
0.00
68.11
0.00
0.00
26.99
33.87
100.00
76.15
20.75
10.00
0.00
38.39
0.00
0.00
27,234.00
2,996.00
4,085.00
200.00
150.00
4,000.00
515.00
515 00
1,500.00
902.00
4,000.00
2,000.00
1,500 00
300.00
15,500.00
3,500.00
1,000.00
19,535.68 27.95 69,897.00
(4,232.68)981 (43,147.00)
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 185 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 3'l ,2009
2810512009 4:24PM
Description
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total Budget
2510 ROADS
Revenue
01-25104110 Grants & Subsidies
0l-25'10-4120 Sundry
01-25104130 Service Charges
Total Revenue
Expense
01-2510-5100 Salaries & Wages
01-2510-51 10 Statutory Benefits
01 -251 0-51 20 Non-Statutory Benefits
01-2510-5130 Clothing Allowance
01 -25'l 0-5'17 O Materials
0l-2510-5180 Fuel Clearing
01-2510-5185 Vehicle Repairs-Clearing,Other
01-25'10-5210 Util¡t¡es
01 -25'10-5240 Advertising
01-2510-5250 Association & Membership Fees
01 -2510-527 0 Building Maintenance
01 -2510-527 5 Equipment Maintenance
01 -2510-5290 Drainage Assessments - Materials
01-2510-5300 lnsurance
01-2510-5310 Legal Fees
01-2510-5330 Training & Education
01-2510-5340 Conferences & Seminars
01-2510-5350 Travel
01-2510-5360 Telephone
01-2510-5370 Sundry
01-2510-6100 Truck 1 - Salaries & Wages
01-2510-6109 Truck 1 - Fuel
0l -2510-6'l l0 Truck 1 - Repairs & Maintenanc
01-2510-6112 Truck 2 - Repairs & Maintenance
01-2510-61 13 Truck 2 - Fuel
01-2510-6120 Truck 4 - Salaries & Wages
01-2510-6129 Truck4 - Fuel
01-2510-6130 Truck4 - Repairs & Maintenanc
01-2510-6140 Truck 5 - Salaries & Wages
01-2510-6149 Truck 5 - Fuel
01-2510-6150 Truck 5- Repairs & Maintenanc
01-2510-6170 Deere Tractor 12 - Repairs & Maint
01-2510-6200 Grader 6 - Wages
01-2510-6209 Grader6 - Fuel
01 -2510-6210 Grader 6 - Repairs & Mainten
01-2510-6220 Grader 7 - Wages
01 -2510-6229 Grader 7 - Fuel
01-2510-6230 Grader 7 - Repa¡rs & Ma¡ntenan
01-25'10-6240 Case Loader 13 - Wages
01-2510-6249 Case Loader 13 - Fuel
0l-2510-6250 Case Loader 13 - Repairs & Mainte
01-2510-6269 Truck 14 - Fuel
141,951.21
50,28512
160.00
38.50 368,696.00
0.00 0.00
0.00 0 00
192,396.33 52.'t8 368,696.00
67,121.47
17,51 8.85
32,253.28
334 78
1,914 19
12,078 35
0.00
14,835.51
872 92
000
't5,16'l.42
9,688.37
0.00
44,589.00
000
585.00
4,668.86
0.00
1 ,1 09.71
1,152.47
40.86
1,561.00
416.74
1 64.1 8
'175.07
827.42
3,223.02
1 3,1 90.95
81.72
4.30
1,769.26
326.69
858.06
2,649.06
3,302.91
2,655.90
372.13
422.64
408.60
2,209.17
1 ,539. 14
70.56
46.94 143,000.00
36.74 47,678.00
50.76 63,545.00
8.74 3,830.00
20.15 9,500.00
11.78 102,500.00
0.00 5,000.00
72.02 20,600.00
349.17 250.00
0.00 250.00
126.35 12,000.00
242.21 4,000 00
0.00 7,000 00
100.00 44,589.00
0.00 500.00
6.50 9,000.00
311.26 1,500.00
0.00 500.00
44.39 2,500.00
115.25 1,000.00
o 24 17,000.00
0.00 0.00
0.40 103,000.00
0.00 0.00
0 00 0.00
0 00 0.00
0 00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0 00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0 00
0.00 0 00
0.00 0.00
0.00 0.00
13Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 186 of 303
2009.05.0r 6 3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
2810512009 4:24PM
Account Description
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total auoget l
l
01-2510-6270
01-2510-6280
01-25'10-6289
01 -251 0-6290
01 -251 0-6300
01 -251 0-631 0
01 -251 0-6320
0l -251 0-6329
01 -251 0-6330
01 -251 0-6340
01 -251 0-6350
01 -251 0-6389
01 -251 0-6390
01 -251 0-6409
01 -251 0-641 0
01-2510-æ20
01-2510-6429
01 -25r 0-6430
01-2510-6440
01-2510-6449
01 -251 0-6450
01-2510-7400
0't-2510-7410
01-2510-7450
01-2510-7460
01 -251 0-7500
01-2510-7510
01-2510-7520
01-2510-7530
01 -251 0-7600
01-2510-7610
01-2510-7620
01 -251 0-7630
01 -251 0-7650
01 -251 0-7660
01-2510-7700
01-25',10-7710
01 -251 0-7800
01-2510-7810
01 -251 0-7850
01 -251 0-7860
01 -251 0-7900
01 -251 0-7950
01 -251 0-8000
01 -251 0-801 0
Truck 14 - Repairs & Maintena
Deere Backhoel0 - Wages
Deere Backhoe 10 - Fuel
Deere Backhoe 10 - Repairs & Main
Tractor & Mower 11 - Wages
Tractor & Mower'1 1 - Repairs
Truck I - Wages
Truck I - Fuel
Truck 8 - Repairs & Maintenance
Bulldozer 15 - Wages
Bulldozer 15 - Repairs & Maintenance
Truck 17 - Fuel
Truck 17 - Repairs & Maintenance
Truck 9 - Fuel
Truck 9 - Repairs & Maintenance
Truck 3- Wages
Truck 3 - Fuel
Truck 3- Repairs & Maintenance
Truck 9 - Wages
Truck 9 - Fuel
Truck 9 - Repairs & Maintenance
Bridge Maintenance - Wages
Bridge Maintenance - Material
Culvert Maintenance - Wages
Culvert Maintenance - Material
Weed/Brush/Ditch - Wages
Weed/Brush/Ditch - Material
Catch Basins - Wages
Catch Basins - Material
Hardtop Maintenance - Wages
Hardtop Maintenance - Material
Loosetop Maintenance - Wages
Loosetop Maintenance - Materials
Grading - Wages
Grading - Material
Dust Control - Wages
Dust Control - Material
Safety Devices - Wages
Safety Devices - Material
Sidewalk Maintenance - Wages
Sidewalk Maintenance - Materia
CN Crossing Safety Devices
Road Names
County Roads - Wages
County Roads - Materials
115.51
83.60
374.62
661.77
40.86
671.44
1,307.52
2,789.02
15,370.53
1,307.52
124.43
1,106.02
1 ,517.35
807.93
561.79
1,144.08
3,295.32
17,078.10
't63.44
3,689.98
2,885.44
61.29
570.00
7,268.58
4,627.39
2,404.51
3,430.40
2,426.68
1,574.05
3,414.06
4,696.46
1,940.05
15,590.83
4,472.82
70't.25
'1,003.33
0.00
3,625.80
8,262.63
64.89
83.07
2,077.65
2,397.33
57,266.31
203,101.28
0.00 0.00
0.00 0.00
0 00 0.00
0.00 0 00
0 00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
6.13 1,000.00
1't.40 5,000.00
72.69 10,000.00
42.07 11,000.00
12.33 19,500.00
1 8.54 18,500.00
24.27 10,000.00
78.70 2,000.00
35 94 9,500.00
22.91 20,500.00
48 50 4,000.00
44.55 35,000.00
24.85 18,000 00
0.00 0 00
't2.54 8,000.00
0 00 4,000.00
40.29 9,000.00
59.02 14,000 00
3.24 2,000.00
1.38 6,000.00
46j7 4,500.00
53.27 4,500.00
71.58 80,000.00
70.35 288,696.00
Total Expense
Dept Excess Revenue Over (Under) Expenditures
646,310.49 54.6'r I,183,438.00
55 71 (814,742 OO)(453,914.16)
Page 14
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 187 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
28l05l290g 4:24PM
I
I Account Descr¡ption
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total Budget
2520 ROADS . WINTER CONTROL
Revenue
01-25204110 Grants & Subsidies
Total Revenue
Expense
01-2520-5100 Salaries & Wages
01 -2520-517 O Materials
01 -2520-5280 Eq uipment Maintenance
01-2520-5370 Sundry
01-2520-5520 Service Contract - Pt Bun¡vell
0l -2520-5530 Service Contract - Vienna
0'l-2520-5540 Service Contract - Straff
01-2520-5550 Servicæ Contrect - Eden
01-2520-5555 Service Contract - Richmond
01-2520-5560 Service Contract - Sidewalks
Total Expense
Dept Excess Revenue Over (Under) Expenditures
9,917.73 1 00.1 I 9,900.00
9,917.73 100.18 9,900.00
13,308.98
29,574.53
4,669.72
0.00
4,677.00
3,'105.00
3,576.00
1,685.00
2,627.00
2,171.25
50.12
73.94
23.95
0.00
5',1.97
62.10
79.47
56.1 7
105.08
3',t.02
26,555.00
40,000.00
19,500.00
300.00
9,000.00
5,000.00
4,500.00
3,000.00
2,500.00
7,000.00
65,394.48 55 72 1 17,355.00
(55,476.75)51.63 (107,4s5.00)
Page 15
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 188 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28l05l210g 4:24PM
2008 YearTotal 2009 YearTo Date
Actual Budget Pct Used Total Budget
2540 STREET LIGHTS
Expense
01-2540-5520 SLA Port Burwell
01-2540-5530 SLAVienna
01-2540-5540 Slj Straffordville
01-2540-5550 Sl.A Eden
01-2540-5560 SLA Corinth
01-2540-5570 Slá Richmond
Total Expense
Dept Excess Revenue Over (Under) Expenditures
Category Excess Revenue Over (Under) Expenditures
9,321.66
2,568.79
5,521.07
3,512.26
836.86
1,564.34
57.68
42.39
39.05
57.96
27.62
51.63
16,160.00
6,060.00
'14,'t40.00
6,060.00
3,030.00
3,030.00
23,32498 48.11 48,480.00
(23,324 98)48.11 (48,480.00)
(867,570.35)42.97 (2,019,193.00)
Page 16
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 189 of 303
2009.05.01 6.3 9050 MUNICIPALIW OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period t To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
I
¡ Account Description
Category: 3???
3OIO WATER SYSTEM
Revenue
01-3010-4010 Water revenues
01-30'10-41 10 Grants & Subsidies
01 -30'104120 Water Meters
01-3010-4140 Water Connect Chgs Vienna
01-30'10-4'150 Water penalties
Total Revenue
Expense
01-3010-5100 Salaries & Wages
01-3010-51 I0 Statutory Benefits
01 -301 0-5'l 20 Non-Statutory Benefits
01-3010-5'170 Supplies
01-3010-5175 Tools and Equipment
01-3010-5'180 Lab Fees
0l-3010-5210 Utilities
01-3010-5240 Advertising
01-3010-5250 Association Fees
01-3010-5260 Auditing Fees
01-3010-5280 System Maintenance
01-30'10-5295 Vehicle Maintenance
01-30',l0-5300 Insurance
0'l-3010-5330 Training & Education
0'l-3010-5335 Licences
01-3010-5340 Conferences & Seminars
01-3010-5360 Telephone
01-3010-5370 Sundry
01 -301 0-5400 Transfers to Reserves
0l -30'1 0-541 0 Water Quality Management
01-3010-5450 Service Contract - Secondary System
0'l -301 0-551 0 Administrative Overhead
01-301 0-5520 Water Supply
0'1 -301 0-5620 Water adjustments
Total Expense
Dept Excess Revenue Over (Under) Expenditures
2008 Year Total 2009 Year To Date
Actual
125,',t68.42
40,019 68
250 00
0.00
3,097.2',1
Budget Pct Used Total Budget
25.47 491,384.00
0.00 0.00
16 67 1,500.00
0.00 5,658.00
46.63 6,642.00
168,535.31 33 36 505,184.00
32,873.17
3,'t36.44
4,436.41
1,',t42.'12
1,134 00
't,844.00
763.88
81 18
475 00
1,717.00
2,945.50
376.00
676.00
1,332.62
0.00
1,191.62
354.40
0.00
0.00
525.00
21,218.54
0.00
10,845.94
5,593.22
45.17 72,779.00
39.19 8,003.00
40.63 10,918.00
28.27 4,040.00
94.50 1,200.00
21.48 8,585.00
39.40 1,939.00
40 19 20200
94 06 505.00
1 00 00 I ,7'17 00
31.01 9,500.00
31.02 1,212.00
100.00 676.00
't02.51 1,300.00
0.00 600 00
34.05 3,500.00
46.75 758.00
0.00 101 .00
0.00 65,000.00
21.00 2,500.00
9.93 213,667.00
0.00 4,848.00
11.84 91,633.00
0.00 0.00
92,662 04 18.34 505,183.00
75,873.27 7.587,327.00 1.00
Page 17
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 190 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
2008 Year Total 2009 Year To Date
ActualAccount Description Budget Pct Used Total Budget
3O2O SEWAGE SYSTEM
Revenue
01-30204010 Sewer revenues
01-30204125 lnvestment lncome - Sewer Fund
01 -3020-41 30 Septage receiving Charges
01-30204150 Sewer penalties
Total Revenue
Expense
01-3020-5100 Salaries & Wages
01-3020-51'10 Statutory Benefits
01-3020-5120 Non-Statutory Benefits
01-3020-5130 Clothing Allowance
01-3020-5170 Supplies - Plant
0'l-3020-5175 Supplies - Collection
01-3020-5180 Lab Fees
01-3020-5190 Chemicals
0l -3020-5210 Utilities - Plant
01-3020-5211 Utilities - Collection System
01 -3020-521 5 Property taxes
01-3020-5240 Advertising
01-3020-5250 Association & Membership Fees
01-3020-5260 Auditing Fees
01 -3020-527 0 Building/Plant Maintenance
0'l -3020-527 5 Odour Control
01-3020-5280 System Maintenance
01-3020-5285 Equipment Mtce - Plant
01-3020-5290 Grounds Maintenance
01-3020-5295 Vehicle Maintenance
0l-3020-5300 Sludge Haulage/Disposal
01-3020-5305 lnsurance
01-3020-5330 Training & Education
01-3020-5335 Licences
01-3020-5340 Conferences & Seminars
01-3020-5350 Travel
01-3020-5360 Telephone
01-3020-5370 Sundry
01-3020-5400 Transfers to Reserves
01 -3020-551 0 Administrative Overhead
Total Expense
Dept Excess Revenue Over (Under) Expenditures
1 76,303.14 32.06 549,944.00
136,550.15 24.83 549,945.00
39,752.99 (3,975,299.00)(1 00)
175,463.71
0.00
0.00
839.43
33.44 524,698.00
0.00 11,000.00
0.00 9,500.00
17.69 4,746 00
48,720.08
5,087.84
5,877.12
267.96
1,255.70
432.75
2,902.01
't,977.93
27,458.63
10,076.62
0.00
90.42
0.00
1,750.00
404.29
11,508.48
3,457.35
1,727.37
225.00
375.97
11,397.00
0.00
0.00
75.00
0.00
212.85
1,269.78
0.00
0.00
0.00
36.04 135,201.00
34.21 14,873.00
28.98 20,281.00
38.28 700.00
57.08 2,200.00
50.91 850.00
36.28 8,000.00
34.10 5,800 00
46.69 58,813.00
39.13 25,750.00
0.00 4,410.00
45.21 200.00
0.00 120.00
100.00 1,750.00
3 37 12,000.00
46 97 24,500.00
34.57 10,000.00
10.47 16,500.00
10.23 2,200.00
31.33 '1,200.00
67 .04 '17,000.00
0.00 5,664.00
0.00 2,000.00
37.50 200.00
0.00 4,000.00
133.03 160.00
39.68 3,200.00
0.00 100.00
0.00 164,173.00
0.00 8,100.00
Page 18
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 191 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
28lOSl20Og 4:24PM
2008 YearTotal 2009 Year To Date
ActualAccount Description Budget Pct Used Total Budget
3O3O WASTE DISPOSAL
Revenue
01-3030-41 10 Grants & Subsidies
01-30304120 Sundry
Total Revenue
Expense
01-3030-5100 Salaries & Wages
01-3030-5240 Advertising
01-3030-5450 Service Contract - Waste Dispo
01-3030-5455 Recycling Service Contract
0'l-3030-5460 Large ltem/Hazardous Waste Day
Total Expense
Dept Excess Revenue Over (Under) Expenditures
18,462.66 63.66 29,000.00
133,407.47 436,732.00
(114,944.81)28.19 (407,732.00)
18,462.66
0.00
76.93 24,000.00
0 00 5,000.00
0.00
(23.14)
82,868.74
50,319.95
241.92
0.00
(7.71)
33.'13
3232
0.88
3,090.00
300.00
250,146.00
155,695 00
27,501.00
30 55
Page 19
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 192 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28l05l200g 4:24PM
Account Description
2008 YearTotal 2009 YearTo Date
Ac{ual Budget Pct Used Total Budget
35.I0 HEALTH SERVICES
Revenue
01 -351041 10 Grants & Subsidies
Total Revenue
Expense
01-3510-5100 Salaries & Wages
01-3510-51'10 Statutory Benefits
01-3510-5120 Non-Statutory Benefits
01-3510-5170 Supplies
01-351 0-5210 Utilities
01-3510-5270 Building Maintenance
01-3510-5290 Grounds Maintenance
01 -3510-5300 lnsurance
01-3510-5370 Sundry
01-3510-5450 Health Needs
Total Expense
Dept Excess Revenue Over (Under) Expenditures
41,123 03
41j23.03 0.00 0.00
51,469.81 539.18 9,546.00
(10,346.78)108.39 (9,546 00)
0.00 000
33,553.63
3,062.99
5,385.92
64.12
2,',187.71
1,433.67
668.10
1,826.00
87.67
3,200 00
0.00
0.00
0.00
0.00
53.1 0
71.68
66.81
100.00
14.61
0.00
0.00
0.00
000
0.00
4j20.00
2,000.00
1,000.00
1,826.00
600.00
0.00
Page 20
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 193 of 303
MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2SlOSl2AOg 4:24PM
2008 YearTotal 2009 YearTo Date
Account tÞsôrlption Actual Budget Pct Used Totaf Budget
3520 CEi'ETERIES
Expense
01-3520-5290 Grounds Maintenance
01-3520-5370 Sundry/lnterest
Total Expense
Dept Excess Revenue Over (Under) Expenditures
Catègory Excess Revenue Over (Under) Expenditures
0.00
0.00
000
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 194 of 303
MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Aetual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
2008 YearTotal 2009 Y€arTo Dete
Account Desoription Actual Budget Pc't Used Total Budget
Categoryt 4???
4O1O GENERAL ASSISTANCE
Expense
014010-5590 General Assistance Grants
Total Expense
0.00
Dept Excess Revenue Over (Under) Expenditures 0.00 (7,800.00)
Page 22
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 195 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 'l To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
I
I Account
2008 Year Total 2009 Year To Date
Ac'tualDescription Budget Pc,t Used Total Budget
45IO PARKS & RECREATION
Revenue
01-4510-41 10 Grants & Subsidies
Total Revenue
Expense
01-4510-5100 Salaries & Wages
01-451 0-5 1 1 0 Statutory Benefits
01'4510-5170 Supplies
014510-5210 Utilities
01-4510-5240 Advertising
01 -4510-5270 Building Maintenance
01-4510-5280 Equipment Maintenance
0l-4510-5290 Grounds Maintenance
01-4510-5300 lnsurance
01-4510-5370 Sundry
01-4510-5590 GeneralAssistance
01-4510-5600 Canada Day
Total Expense
Dept Excess Revenue Over (Under) Expenditures
0.00 000 2,600.00
0.00 0.00 2,600.00
1,609.38
0.00
0.00
't,732.83
224.76
0.00
1 ,150.96
506.59
9,455.00
0.00
0.00
0.00
7.38
0.00
0.00
56.08
224.76
0.00
230.19
3.78
100.00
0.00
0.00
0.00
21,795.00
3,992.00
500.00
3,090.00
100.00
1,000.00
500.00
13,390.00
9,455.00
500.00
500.00
1,100.00
14,679.52 26 25 55,922.00
(14,679.521 27.53 (53,322.00)
Page 23
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 196 of 303
2009.05.01 6 3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28l05l20Ûg 4:24PM
2008 Year Total 2009 Year To Date
ActualAccountDescription
4520 COMMUNITY CENTRE-STRAFF
Revenue
01-45204120 Sundry Revenue
01-4520-4130 Rentals
01.4520-4140 Mix
Total Revenue
Expense
01.4520-5100 Salaries & Wages
01-4520-5110 Statutory Benefits
014520-5170 Supplies
01 -4520-521 O Utilities
01 4520-5240 Advertising
014520-5270 Building Maintenance
01-4520-5280 Equipment Maintenance
01-4520-5290 Grounds Maintenance
01-4520-5300 lnsurance
01 -4520-5360 Telephone
01'4520-5370 Sundry
0l-4520-5450 Service Contract
Total Expense
Dept Excess Revenue Over (Under) Expenditures
62.33
4,280.00
500.25
Budget Pct Used Total Budget
0.00 0.00
34.24 12,500.00
11.12 4,500.00
4,842.58 28.49 17,000.00
4,1 88.1 0
251.17
1,067.54
10,116.30
64.00
2'15.63
695.57
1,472.25
4,436.00
170.61
187.05
4,'.t37.50
38.46
29.38
21.35
46.77
0.00
6.53
23.19
26.77
100.00
85.31
20.78
29.76
'10,890.00
855.00
5,000.00
21,630.00
0.00
3,300.00
3,000.00
5,500.00
4,436.00
200.00
900.00
13,905.00
27,001 72 38.79 69,616.00
(22,159.14)42.11 (52,616.00)
Page 24
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 197 of 303
2009 05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31,2009
2810512009 4t24PM
2008 YearTotal 2009 YearTo Date
Ac{ualAccount Description Budget Pct Used Total Budget
4530 COMMUNITY CENTRE-VIENNA
Revenue
01-4530.4130 Rentals
Total Revenue
Expense
01-4530-5100 Management Contract
01-4530-5170 Supplies
01'4530-5210 Utilities
01-4530-5240 Advertising
01 4530-5270 Building Maintenance
01 -4530-5280 Equipment Maintenance
01'4530-5290 Grounds Maintenance
01-4530-5300 lnsurance
01'4530-5360 Telephone
01-4530-5370 Sundry
01-4530-5450 Service Contract
Total Expense
Dept Excess Revenue Over (Under) Expenditures
4,450.00 42.38 10,500.00
4,450.00 42.38 10,500.00
4,720.79
526.O2
3,068.06
64.00
70.82
792.72
1,',t72.70
4,436.00
203.40
18.46
2,444.50
49.69
26.30
22.91
0.00
1.54
26.42
33.51
100.00
21.19
3.69
24.72
9,500.00
2,000.00
13,390.00
0.00
4,600.00
3,000.00
3,500.00
4,436.00
960.00
500.00
9,888.00
17.517.47 33.83 51,774.00
(13,067.47)31.66 (41,274.00)
Page 25
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 198 of 303
2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
28105t2009 4:24PM
Account Description
2008 YearTotal 2009 YearTo Date
Actual Budget Pct Used Total Budget
4535 EDEN GOMMUNITY CENTRE
Revenue
01-45354130 Rentals
Total Revenue
Expense
01-4535-5180 Equipment Maintenance
01-4535-5210 Utilities
01 4535-527 O Building Maintenance
0'l -4535-5290 Grounds Maintenance
014535-5300 lnsurance
Total Expense
Dept Excess Revenue Over (Under) Expenditures
0.00 7,695.00
0.00 7,695.00
6,206.66 16,225.00
(6,206.66)72.76 (8,530.00)
0.00
4, t76.66
0.00
0.00
2,030.00
0.00 2,000.00
62.38 6,695.00
0.00 3,500.00
0.00 2,000.00
100.00 2,030.00
Page
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 199 of 303
2009.05.01 6.3 9050 MUNICIPALIry OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period I To Period 5 Ending MAY 31 ,2009
28l15l20Ùg 4:24PM
2008 Year Total 2009 Year To Date
ActualAccount Description Budget Pct Used Total Budget
4540 LIBRARIES
Revenue
01.4540-4130 Lease Revenues
Total Revenue
Expense
01-4540-5210 Utilities
01 4540-5270 Building Maintenance
01 4540-5290 Grounds Maintenance
0l-4540-5300 lnsurance
Total Expense
Dept Excess Revenue Over (Under) Expenditures
16,505.88 25.86 63,816.00
16,505.88 25.86 63,816.00
5,323.'15
3,1 1 9.66
1,352.82
2,154.00
46.98 11,330.00
40.25 7,750.00
54.11 2,500.00
100.00 2,'154.00
11,949.63 50.35 23,734.00
4,556.25 't1.37 40,082.00
Page 27
Staff Report F2009-31 regarding Financial Report. File: F0...
Page 200 of 303
2009.05.01 6 3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 'l To Period 5 Ending MAY 31 ,2009
28lO5l2OOg 4:24PM
i Account Description
4550 MUSEUMS BAYHAM
Revenue
01-4550'41 10 Grants & Subsidies
0'1-45504120 Sundry
0l-4550-4130 Admissions
0l'4550-4170 Children's Programs
0l-4550-4180 Fundraising
01-4550-4'185 Donations
01-4550-4'l 90 Contributions from Reserves
Total Revenue
Expense
01-4550-5100 Salaries & Wages
01-4550-5110 Statutory Benefits
01-4550-5170 Supplies
01-4550-5180 Fundraising expense
01-4550-5190 Children's Programs
01-4550-5210 Ut¡lities
01-4550-5240 Advertising
014550-5245 Marketing
01-4550-5250 Memberships (EON)
01 4550-5270 Building Maintenance
01-4550-5280 Equipment Ma¡ntenance
01-4550-5290 Grounds Maintenance
01 -4550-5300 lnsurance
01 -4550-5340 Conferences & Seminars
014550-5350 Travel
01 -4550-5360 Telephone
01-4550-5370 Sundry
0l-4550-5400 Transfer to Reserves
01 -4550-5450 Contracted Services
014550-5600 Special Project
01-4550-5610 Special Events
Total Expense
Dept Excess Revenue Over (Under) Expenditures
Category Excess Revenue Over (Under) Expenditures
2008 Year Total 2009 YearTo Date
Aclual Budget Pct Used Total Budget
4,694.00
274.66
225.00
0.00
445.00
446.00
0.00
62.09
68.67
2.81
0.00
5.89
29.73
0.00
7,560.00
400.00
8,000.00
500.00
7,550.00
1,500.00
500.00
6,084.66 23.39 26,010.00
1,419.60
130.43
0.00
0.00
0.00
4,533.35
29.76
0.00
135.00
5,019.66
33.52
973.41
2,596.00
0.00
0.00
821.50
30.00
000
0.00
0.00
0.00
3.73
3.35
0.00
0.00
0.00
35.21
0.99
0.00
24.55
86.55
2.23
27.81
100.00
0.00
0.00
54 77
3.00
000
0.00
000
0.00
38,080.00
3,893.00
2,000.00
3,975.00
500.00
12,875.00
3,000.00
2,500 00
550.00
5,800.00
I,500.00
3,500.00
2,596.00
400.00
400.00
1,500.00
1,000.00
5,075.00
3,000.00
500.00
s00.00
15,722.23 16.88 93,144.00
(9,637.57)14.36 (67,134.00)
(61,194.11)32.11 (190,594.00)
Page 28
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MUNICIPALIW OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 '2009
2810512009 4:24PM2009.05.01 6.3 9050
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total BudgetAccountDescriptionir
Category: 5???
5O1O PI-ANNING & DEVELOPMENT
Revenue
01-501 0-41 10 Grants & Subsidies
01-5010-4120 Sundry Revenue
01-501 0-41 30 Zoning Certificates
0l-50104140 Zoning Charges
01-5010-4150 OPA Fees
01-5010-4160 Minor Variance Fees
01-5010-4170 Site Plan Fees
01-5010-4180 Plan of Subdivision Fees
01-5010-4190 DevelopmentAgreement Fees
Total Revenue
Expense
01-5010-5100 Salaries & Wages
01-501 0-51 10 Statutory Benefìts
01-5010-5'120 Non-Statutory Benefits
0'l-5010-5170 Supplies
01-501 0-5240 Advertising
01-5010-5250 Association & Membership Fees
01-5010-53'10 Legal Fees
01-5010-5320 Postege & Courier
01-5010-5340 Conferences & Seminars
01-5010-5350 Travel
01-5010-5370 Sundry
01-5010-5450 Consulting Fees
Total Expense
Dept Excess Revenue Over (Under) Expenditures
6,289.00
120.00
560 00
16,486.94
0.00
1,000.00
0.00
2,000.00
0.00
0.00
0.00
28.00
137.39
0.00
33.33
0.00
100.00
0.00
0.00
0.00
2,000.00
12,000.00
2,000.00
3,000.00
4,000.00
2,000.00
500.00
26,455.94 103.75 25,500 00
20,723.63
2,080.73
3,829.28
0.00
1,581.08
320.00
7,417.00
192.69
0.00
15.75
0.00
5,994.50
38 93
35 53
47.96
0.00
35.14
96.97
247.23
96.35
0.00
7.88
0.00
26.06
53,235.00
5,856.00
7,985.00
400.00
4,500.00
330.00
3,000.00
200.00
500.00
200.00
200.00
23,000.00
42,'t54.66 42.41 99,406.00
(15,698 72)21 .24 (73,906.00)
Page 29
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2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 'l To Period 5 Ending MAY 31 ,2009
28l15t200g 4:24PM
2008 Year Total 2009 Year To Date
AclualAccount Description Budget Pct Used Total Budget
5012 BUSINESS & COMMERCE
Revenue
01-50124170 Lease Revenues
Total Revenue
Expense
01 -5012-5210 Utilities
01 -501 2-5240 Advertising
01 -501 2-527 O Beautification
Total Expense
Dept Excess Revenue Over (Under) Expenditures
(42.00)
(42.00)(4.08)1,030.00
1,887.03 58.97 3,200.00
(1,s29.03)88.90 (2,170.00)
(4.08)1,030.00
0.00
206.92
1,680.11
0.00
103.46
67.20
500.00
200.00
2,500.00
Page 30
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2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period 1 To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
Account Description
5015 TOURISM & MARKETING
Revenue
01-5015-4'l 10 Grants & Subsidies
01-501 5-4170 Lease Revenues
Total Revenue
Expense
01-5015-5100 Salaries & Wages
01-5015-5210 Utilities
01-5015-5215 lnterpretive Centre Operations
01-5015-5230 Brochures
01 -501 5-5240 Advertising
01-5015-5245 Promotional ltems
0l-5015-5250 Associations & Memberships
01-5015-5260 Festivals
01-5015-5270 Beautification
01-5015-5290 Beach Maintenance
01-501 5-5340 Conferences & Seminars
01-5015-5370 Sundry
01-50'15-5600 Special Projects
Total Expense
Dept Excess Revenue Over (Under) Expenditures
2008 Year Total 2009 Year To Date
Actual Budget Pct Used Total Budget
2,500.00
600.00
71.43
20.00
3,500.00
3,000.00
3,100.00 47.69 6,500.00
2,143.77
861.89
170.21
1,185.84
2,129.50
0.00
100.00
0.00
0.00
143.82
0.00
600 00
0.00
24.49 8,755.00
12.67 6,800.00
4.31 3,950.00
39.53 3,000.00
26.62 8,000.00
0.00 500.00
22.22 450.00
0.00 4,000.00
0.00 600.00
1.80 8,000.00
0.00 250.00
240.00 250.00
0.00 2,500.00
7,335.03 't5.59 47,055.00
(4,235.03)10 44 (40,555.00)
Page 31
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2009.05.01 6.3 9050 MUNICIPALITY OF BAYHAM
General Ledger
Annual Department Budget vs. Actual Comparison Report
Fiscal Year 2009 - From Period I To Period 5 Ending MAY 31 ,2009
2810512009 4:24PM
Account Description
2008 YearTotal 2009 YearTo Date
Actual Budget Pct Used Total Budget
5O2O ENVIRONMENTAL SERVICES
Revenue
01-5020-41 10 Grants & Subsidies
01-5020-4140 Tile Drain Charges
Total Revenue
Expense
01-5020-51 00 Salaries & Wages
01-5020-5102 Richmond Water - Wages
01-5020-51 10 Statutory Benefits
01-5020-5120 Non-Stetutory Benefits
01 -5020-51 70 Supplies/Stock
01-5020-5260 Professional Services
01 -5020-527 O Water Sampling
01-5020-5380 Tile Drain Debt Charges
Total Expense
Dept Excess Revenue Over (Under) Expenditures
13,31 '1 .68 125.53 10,604.00
13,658.33 48.44 28,196.00
(346.65)197 (17,592.00)
13,311.68
0.00
266.23 5,000.00
0.00 s,604.00
7,478.16
680.80
752.55
't,049.82
0.00
2,835.00
862.00
0.00
52 81
0.00
48.33
49.43
0.00
283.50
28.73
0.00
1 4,1 61 .00
0.00
1,557.00
2,124.00
750.00
1,000 00
3,000.00
5,604.00
Page
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Page 205 of 303
Municipality of Bayham
Capital Budget
2008
Unfin¡nced or
Project A.ctuâl to Dâte Reserve Alloc Budeet Notes Revenues Source
1 t2,000 75 sale oflaptop
sound 5 000
Vehicles
l'l 330.675
Build¡ns
- Port Buwell Station 25,000
Vlaior Equioment Renewal
¡asers (101 4.91 I I,000
ladios 4.61
lunker Gear 3,334
- Dos Containment Device
Equioment Purchase
Pickup Truck 30.000
- Sweeoer for loader I
Tractor Mo\iler
Hot Patcher
trench box solit with ilw 33
sale ofeouiDment
{sphalt Proiects
Eden/Schafer intersection
Alwa¡d Street
Green Line (sections)
Jackon Line west (sections)
Newton Street lMilton to Victoria)
lravel Proiects
- Tollsâte llisht to Tmnelì 587
- Murrav (Talbot to Eden)
Somers lEden to south end)
Owl Case Line (culvert)6,629
fer & Chin Rsurface
- Bozus Road (Lisht to Calton))z
- Best (Culloden to Talbot)
New Tar & Chip Suface-
Mitchell Road lJackson to Heritse)2.344
Tollqate (Calton to Lisht)1,383
- Light Line (complete 2008)
l
31,043 10,000
Cther
- Guard rails (700 ft)l5-000
2s,000
180,000
lidewalks
New 20,000
Itreet L¡shts
new liehts 2.316 10,000
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Page 206 of 303
Municipality of Bayham
Capital Budget
2008
- trench box - split between water,waste & roads
- trench box - split between water-.waste & roads
'
for manholes in flood a¡ea
- air blower rebuilds | 5,921
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Page 207 of 303
Municipality of Bayham
Capital Budget
2008
Proiect Actual to Date iReserve Alloc Budset Notes Revenues Source
Asset Management 8,ó50
Official Pla¡ review 8ó3 5.000
Zoning review 10.000
Sewer caDacitv studv t.417
- SCC. Enerqv cons. Study. initiatives 7.500
- VCC. chairs 1.500
VCC, paint main hall 6.000
Cemetery siqns 5,00u
Cultural Plan ComDletion 2,462
Beach pa¡king ba¡riers 1,200
Beach oroiects ie oath 9,992
- Picnic Tables (l5l/beach eouioment 2.604
- Feasihilitv sfirdv annlication 3,829
LPRCA special project 7,88ó 7-886
New Drainaqe works I 9,300
Moore Bridge 864
tlq la¿Í 4.314.974 2.1s0
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THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger
SUBJECT : Community Adj ustment Fund Application
DATE: }l4ay 28,2009
FILE: Fl1
NUMBERz F2009-29
Purpose
To recommend application under the Community Adjustment Fund program for a Lake Erie Ferry
Crossing feasibility and impact study.
Background
Industry Canadaannounced the establishment of the Community Adjustment Fund May 14th,2009,
with an application deadline of June 12,2009. The program is an economic diversihcation initiative,
and funded projects must be completed by March 31, 2010. $100 million has been allocated for
projects in southern Ontario, for communities with population less that 250,000. Total amounts of
CAF funding for specific projects is to be based on the amount that is required to ensure the project
proceeds.
Priority will be given to projects that:
. generate immediate employment
. Create the most jobs per dollar invested
. Leverage funds from the province and other funding partners
. Build on collaboration agreements already in place
. Provide alegacy of longer-term ecological and/or economic benefits
Higher priority is to be given if the community:
. is rural (less than 100,000 population) and supported by a single industry
. has experienced an increase in Employment Insurance beneficiaries equal or greater than2}Yo over
a one year period
. has experienced major layoffs resulting in significant job losses
Staff Comments
This program may provide opportunity to secure the federal funding portion anticipated for the Lake
Erie Ferry Crossing Feasibility and Impact study. Council will recall that submission has been made to
the Province of Ontario under its Rural Economic Development program for 50o/o of those study costs.
Since that program caps total federal/provincial funding at 90Yo, it is suggested that application be
made under the CAF program for 40Yo of the project costs ($92,000).
Strateeic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal #3 - Create a positive business atmosphere
Recommendation
That council authorize staff to apply for funding under the Community Adjustment Fund for the Lake
Erie Ferry Crossing feasibility and impact study as outlined in Report F2009-29.
Staff Report F2009-29 regarding Community Adjustment Fund Ap...
Page 209 of 303
Page 210 of 303
9
THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: NRG/Aylmer OEB Hearing - Franchise Agreement
DATE: }lfay 29,2009
FILE:
NUMBERz C2009-ll
Purpose
This report is to advise Council of the outcome of the Aylmer/l.trRG hearing at the Ontario Energy
Board regarding gas franchise agreements.
Background
Council will recall that the Town of Aylmer and NRG had been negotiating a new franchise
agreement for natural gas services, however ultimately the matter came before the Ontario Energy
Board for hearing in February 2009. Bayham was involved only in on-going discussions at the staff
level regarding gas franchise agreements, ffid provided a letter generally supporting Aylmer's
position for the hearing.
The OEB issued its decision May 5, 2009, which included the following items:
. The franchise agreement with Aylmer is extended by three years only, to expire February 2012
. NRG must file arate application within 6 months
. The order imposes a customer deposit policy on NRG to be in place by July 2009
Staff Comments
A key component of the decision is the three-year extension to the franchise agreement, where the
nonn is a 2}-year agreement. This term provides an opportunity for the various Elgin, Oxford, and
Middlesex municipalities to jointly negotiate franchise renewals in the next few years (Bayham
agreements expire in20l2 and 2015).
Strategic Plan Goal(s)
Goal #1 - Practice responsible financial management
GoaI#2 - Ensure reliable, well maintained and secure infrastructure
Recommendation
THAT staff report C2009-I1 regarding the NRG/Aylmer OEB Hearing be received for information.
Administrator
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Page 211 of 303
Page 212 of 303
'i'
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Administrator
SUBJECT: Food Concession RFP - Municipal Beach
DATE: June 1,2009
FILE: D10
NUMBER: PR2009-13
Purpose
This report is regarding proposals received for a food booth concession on the municipal
beach in Port Burwell for the 2009 season.
Background
As Council wilt recall, the Municipality exercized the option to extend the term of the
agreement with Theresa Blondin for the provision of a Concession Food Booth at the east
beach in Port Burwell for the 2009 season (based in part on the request from the operator).
Unfortunately, the Municipality was advised on May 8th, 2009 by the operator that they
would not be able to continue for health reasons. As a result, temporary arrangements have
been made for washroom maintenance, and a new Request for Proposals for the Beach
Concession Food Booth was issued, to close i|l4ay 29,2009.
The RFP and proposed contract are again based on a one year term, and include the option for
a two year extension by mutual agreement. Details of equipment, experience, and proposed
hours of operation are part of the proposal package. The RFP also provided the option to
exclude the requirement to operate and maintain the public washroom facilities at the beach
during the hours of operation of the concession.
Two proposals have been received for this service, being from Ms. Valerie Donnell (Sam's
Place) and from Laszlo Balint (Bear's Burger and Fries). The total rental fees for the season
in the proposals are $2,400 and $2,800 respectively. This is slightly less than the previous
amount of $3,000, but likely reflects a shorter season. Both also have priced the same
regardless of inclusion of the beach washroom maintenance.
Staff Comments
The two proposals have been reviewed, and they are both complete and competitive overall.
The following are highlights for comparison:
Both tenders appear to have the necessary equipment and experience to mn a concession food
booth. In regard to hours of operation, the proposal from Sam's Place does provide for longer
Sam's Place Bear's Burqer and Fries
Rental Payments Total $2,400 payable June, July,
Ausust and Seot 15
Total $2,800 payable June, July,
August and Sept 30
Equipment 2 propane fryers, propane grill,
stove, fridgel freezer, microwave,
I pop cooler
2 propane fryers, 1 propane grill, I
freezer, 1 fridges, microwave, 1 ice
cream freezer, l pop cooler
Seasonlhours June 1 to Sept 30 - 10:30 am to
9:00 pm
Oct weekends + - l1 am to 8 pm
June 1 to Sept 30 - 11 am to 8 pm
(weather permitting)
Staff Report PR2009-13 regarding Food Concession RFP - Munic...
Page 213 of 303
daily hours and a slightly longer season into October. That proposal also does not note
conditions of "weather permitting", though the standard contract does allow for some
discretion in determining hours based on weather and demand.
Both proposals seem suitable, and as mentioned appeff to have sufficient experience to
operate a concession appropriately. The Municipality is familiar with Sam's Place, as they did
operate the concession at this location in the past. Although the total rent is somewhat less,
staff suggest awarding the contract to Sam's Place based on the longer hours of service in the
proposal. These longer hours of service will allow also to the beach washroom facilities.
Following the award of this contract, staff also suggest returning to the previous arrangements
for the maintenance/supervision of the washrooms with Ms. Nancy Lozon for October.
Attachments
l. Draft By-law No. 2009-082, to authorize the execution of an Agreement between the
Municipality of Bayham and C. Valerie Donnell for the provision of a concession food booth
at the East Beach in Port Burwell in the Municipality of Bayham.
Strategic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal#2 - Create a positive business atmosphere
Recommendation
That Draft By-law No. 2009-082, to authorize the execution of an Agreement between the
Municipality of Bayham and C. Valerie Donnell for the provision of a concession food booth
at the East Beach in Port Burwell in the Municipality of Bayham be presented to Council for
enactment.
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Page 214 of 303
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LA\il NO.2009-082
A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BET\ryEEN THE MUNICIPALITY OF BAYHAM AND C. VALERIE
DONNELL FOR THE PROVISION OF A CONCESSION FOOD BOOTH
AT THE EAST BEACH IN PORT BURWELL IN THE MUNICIPALITY
OF BAYIIAM
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement for the provision of Concession Food Booth at the East Beach in Port
Burwell;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham hereby accepts
the proposal submitted by C. Valerie Donnell for the provision of a Concession Food Booth at
the East Beach in Port Burwell;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MTINICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "4" and forming part of this by-law between C. Valerie
Donnell and the Municipality of Bayham for the provision of a Concession food Booth at
the East Beach in Port Burwell.
2. THAT By-lawNo. 2009-18, adopted by the Council of Municipality of Bayham the 19th
day of February,2}}9 be and same is hereby repealed;
3. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH
DAY OF JUII-E, 2009,
MAYOR CLERK
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Page 215 of 303
AGREEMENT
MOBILE REFRESHMENT CO TCESSTOw - Port Burwell Beach
THIS AGREEMENT made in triplicate this 4th day of June,2009.
BETWEEN: C. Valerie Donnell
o/a Sam's Place
(hereinafter referred to as the "Vendor")
of the First Part
-and-
The Corporation of the Municipality of Bayham
(hereinafter referred to as the "Municipality")
ofthe Second Part
WHEREAS the Municipality is the registered owner of the lands legally described as (the East
Beach area),Plan 12Lots2 to 5, WS Erieus Street, Plan 12 Lots 3 to 5, E/S Robinson Street,
being 1.10 Acre, in the Village of Port Burwell, Municipality of Bayham, County of Elgin, and
shown on the map attached hereto as Appendix "4" , hereinafter referred to as the "lands",
AND WHEREAS the Vendor wishes to operate one Mobile Refreshment Concession on a
specific area of the said lands;
AND WHEREAS in consideration of the payment of the sum of monies as described within the
context of this agreement by the Vendor to the Municipality and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. The Municipality grants permission to the Vendor the rights to operate a Mobile Refreshment
Concession hereinafter referred to as the "Concession" ftxed in the said location adjacent to
the public washroom facility for the term of the agreement.
2. The Vendor agrees to operate the Concession for the sale of food and beverages for the
months of June through October, 2009,unless otherwise terminated in accordance with
Paragraph 13 of this Agreement on the days and times as specified in Schedule "4" to this
agreement, weather and demand permitting. The Vendor agrees to use discretion in
determining hours. On days that the food booth is not operated the operator will open the
washrooms.
3. The Vendor shall pay to the Municipality the total sum of $ 2,400 for hydro and rental in
installments as follows:
June 15,2009
July 15,2009
August 15,2009
September 15,2009
s600
$600
$600
s600
Staff Report PR2009-13 regarding Food Concession RFP - Munic...
Page 216 of 303
4. The Vendor agrees to indemniff the Municipality and save it harmless from and against any
and all claims, actions, damages, liability and expenses, in connection with loss of life,
personal injury, or damage to property arising from any occwrence on said lands howsoever
such claims may arise, providing proof of liability insurance not less than $ 2,000,000 (Two
Million Dollars) prior to opening and that the insurance shall name the Municipality of
Bayham as an additional insured.
5. The Vendor shall be responsible for maintaining the grounds in a neat and tidy condition,
including collection of litter and debris etc.
6. The Vendor will observe and fulfil the lawful provisions and requirements of all statutes, by-
laws, rules and regulations of Municipal, Provincial or Federal Governments, relating to the
said lands and upon request, shall provide the Municipality with confirmation of inspection
approvals from the Elgin/St. Thomas Health Unit.
7. The Vendor shall maintain and operate the public washroom facilities during the hours of
operation of the Concession. Said maintenance to include unlocking and locking the
facilities, cleaning washrooms a minimum of three times daily and additionally, if needed.
The Vendor shall provide all cleaning materials and supplies as required in order to keep the
facilities clean and operable for the duration of this Agreement. The Vendor shall provide
the Leasor with a written log of cleaning activities with each monthly payment and the
Municipality or its agent shall have the right to inspect the premises for cleanliness. The
Municipality will supply the paper towels and toilet paper for the washroom facilities.
8. Neither the Municipality or the Vendor shall impede parking, pedestrian or vehicular traffrc
to the subject lands.
g. The Municipality shall have access to the site and surroundingareaat all times and shall be
permitted to operate vehicles and equipment for the purpose of general maintenance to the
East Beach Park.
10. The Vendor shall be permitted to connect to the existing water and hydro service provided in
the public washroom facility. The Vendor agrees to reimburse the Municipality for hydro
consumption where it exceeds $700 for the season. Neither parly shall be held responsible
for any intemrption of service due to weather, breakdown, maintenance or for any other
reason.
11. The Vendor agrees that no other concession owned by himlher shall be erected on the site
whether connected to either the hydro or water service or operated by generator or propane
without first having received written permission from the Municipality. In addition, the list
of equipment provided by the Vendor in the proposal form dated }/.ay 29,2009 is agreed
upon. No other equipment shall be connected without notification to and approval given by
the Municipality.
12.The Vendor understands and has no objection to the placement of other mobile concessions
by community service clubs and municipal event organizers as part of planned celebrations
for a limited period of time authorized by the Municipality. The Municipality agrees to
provide the Vendor with notification of such planned events.
13. This Agreement may be terminated at any time by either party giving the other party 30 days
written notice of termination.
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14. The term of this contract is for one (1) year with the option for a two (2) year extension. The
extension of the contract shall be mutually agreed upon by the parties.
IN WITNESS WHEREOF the Vendor and the Municipality have hereunto set their hands and
Corporate Seals this _ day of ,2009.
SIGNED, SEALED AND \üITNESSED
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
MAYOR
CLERK
In the Presence of ) VENDOR
)
)
)
) C. Valerie Donnell
o/a Sam's Place
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SchedulettA"
Concession I'ood Booth
Hours of Operation
Month Day IIours
June lst to 30th 10:30 am to 9:00 pm
July lstto 31st 10:30 am to 9:00 pm
August lst to 3lst 10:30 am to 9:00 pm
September l st to 30th 10:30 am to 9:00 pm
October lst to 4th
9th to 12th
17th and 18th
24th,25th,3lst
11:00 am to 8:00 pm
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Page 220 of 303
CO[,il,EGE
PHVSICNNS
AND
;i:ilElVËt'i"j Lt
t'4AY 2 I 2003
1.,'( t -,iÀ
M I i I'J I{IIt:AI.iTY Oi: B.4YHAM
SURGEONS
0N1L\lR[0
May 25,2009
Dear Sir/Madam:
The Council Award of the College of Physicians and Surgeons of Ontario is presented at
each Council meeting to honour outstanding Ontario physicians who have demonstrated
excellence and come closest to meeting society's vision of an "ideal physician". The
criteria for selecting a physician for the Council Award is based on the eight "physician
roles" identifred by Educating Future Physicians of Ontario. The eight point selection
criteria are outlined in the attached Council Award brochure. The College is seeking to
recognize physicians whose performance in each of these roles is outstanding,
recognizingthat individual physicians will demonstrate more extensive expertise in some
roles than in others. The four categories from which physicians are selected are:
Academic Specialty, Community Specialty, Academic Family Practice and Community
Family Practice.
We receive a variety of nomination packages, some of which are focused around a
comprehensive CV, while others consist of personal letters which demonstrate the
physician's commitment to the practice of medicine. We understand that given the
diverse array of selection criteria, the nominator may wish to use any number of creative
ways to highlight the particular attributes of their nominee. If you know of a physician
who meets the selection criteria, you may wish to nominate him/her for the Council
Award. The deadline for receipt of nominations is August 7 ,2009.
If you need any further information, please do not hesitate to contact me at 416-967 -
2600, or I -800-268-7 096, ext. 329.
Sincerely,
Brian Goldig
Manager, Physician
/mc
Advisory Service
QUALTTY PROFESS/ONALS I HEALTHY SYSTEM I PUBLTC TRUST
B0 College Street, Toronto, Ontario MSC 282 Tel: (41 6) 967-2600 Toll Free: (800) 268-7096 Fax: (41 6) 961 -3330
Correspondence dated May 25, 2009 from The College of Physic...
Page 221 of 303
il Award
Correspondence dated May 25, 2009 from The College of Physic...
Page 222 of 303
i'ik{l
The Council A
The physician as Gatekeepe
Resource Manager:The
physician recognizes the man
determinants of health and tl
implications of those
determinants for the practice
medicine. The physician
participates at a number of
organizational levels to addrr
issues such as quality of care
and quality assurance
mechanisms.
As sES srNG TI{n Cru"FF.RiÀ
The College is seeking to recognize physicians whose performance in most of these roles is outstanding, recognizing that indÌvidual
physicians will demonstrate more extensive expertise in some roles than in others, CouncilAwards are presented at Council meetings.
ErtGIBrr,ITy FoR. lçI+¡r{í}.r,â rf ilÌ..J
Anyone may nominate an eligible physician for the CouncilAward. To be eligible for nomination, a physician must hold an Ontario
certifícate of registration and be in good standing with the College. Former recipients of the CouncilAward or the Excellence in
Quality Management of Medical Care Award are not eligible for nomination. The completed Nomination Form and required
documentation must be submitted by August 7 ,2009, for consideration by the Council Award Selection Committee.
snrpcrroN cnrrs,Rr,å i!;i:iï:ixii,åi'åiiå1,:'åïiii:åi:i5äË':å,ryå;iåü:i:i1,:i,:l;irllT
The physician as Medical
Expeñ/Clinical Decision
Maker:The physician is well-
informed about the science and
technology of medicine and
health care. The physician's
knowledge and skill is used to
collect and interpret data, make
appropriate clinical decisions
and carry out diagnostic and
therapeutic procedures.
Ihe physician as
Communicator: The physician
has effective, humane
relationships with patients and
colleagues.'lhe physician
understands and responds to
patients' needs, fears, beliefs
and expectations and
effectively counsels and
educates on health care needs
and public health care issues.
The physician as Collaborator:
The physician works in
partnership with other health
care professionals and sees the
patient and family members as
partners in health care decision-
making. The physician
appropriately uses community
and health care resources.
Correspondence dated May 25, 2009 from The College of Physic...
Page 223 of 303
j-l'¡ s C t; s¿ss ci 1,,î æer,#. Íç o re * urs o wts ta'r¿dircg
lo
ß?&{;&gTtg
excelle?Êc{ ãyÈ{í t$tffe closest to rueeetir¿g stciety's
() rclø,* e o p h u s !, c iey¿ s w h ç l¡ au e d e m s ru s trate d
uision of *o "icfeal. physiciørz"
The physician as Health
Advocate:With an
understanding of the many
determinants of health, the
physician advocates for more
effective public health
interuentions and policies.
¡ The nominator should complete the enclosed Nomination Form,
providing as much information as possible about the physician
nominee. Type or print clearly in the space provided. lf additional
space is required, attach additional pages,
o The nominator should provide a detailed Nominator's
Statement. ln this statement, describe how the physician
nominee has demonstrated overall excellence using the eight
physician roles, lt is recognized that individual physicians wíll
demonstrate more extensive expertise in some roles than in
others. The nominator may include concisely presented pertinent
supporting materials (letters, reports, testimonials, press
clippings, etc.).
¡ The nominator is also responsible for finding a seconder for the
nomination. The seconder should provide a Seconder's
Statement, their own written testimonial about the nominee and
his or her accomplishments, again using the eight physician
roles.
. Jhe nominator should obtain a copy of the Nominee's
Curriculum Vitae if possible.
. The deadline for nominations is 5:00 p.m., Friday, August 7,2009.
The physician as
Scientist/Scholar: The
physician understands the
scientific method and applies it
to patient encounters,
community health issues and to
the critical assessment of
literature related to the
biological, psychological and
sociological basis of illness. The
physician may be engaged in
scientific research.
ward
?&S
sician roles" identified by Educating Future Physicians of Ontario in
n archetype of the "ideal physician." Those roles are:
The physician as Learner:The
physician recognizes that the
abilities to change and to
continue to learn are essential
to the practice of good
medicine. The physician is a
self-directed learner and keeps
abreast of current treatments
and philosophies.
'lhe physician as Percon &
Professional: The physician has
developed stratEies for coping
with professional demands to
provide maximum opportunity for
effective relationships with
patients and colleagues while at
tre same time providing excellent
medical care. The physician is
committed to the highest
standards of excellence in clinical
care and ethical conduct.
. Members of the Council and staff of the College and members
of their immediate families are not eligible for nomination for
the CouncilAward.
. Mail the completed CouncilAward Nomination Form,
Nominator's Statement with any suppofting material, Seconder's
Statement, and Nominee's Cuniculum Vitae to:
The CouncilAward,
do Ms. Marianne Carthew
Physician Advisory Service,
College of Physicians and Surgeons of Ontario,
80 College Street,
Toronto, Ontario, M5G 2E2
Tel: (416) 967-2600 or 1-800-268-7096, extension 254
Fax: (416) 967-2666
Any questions concerning the nomination instructions should be
directed to Marianne Carthew, and additional Nomination Forms
can be obtained by contacting her. Nomination Forms are also
available at: www.cpso.on.ca.
Correspondence dated May 25, 2009 from The College of Physic...
Page 224 of 303
'Tbe Couru.cil r-{ward
Nomination Form
NOMINEE
Nnm¡ or NoMtNÊE:
AooR¡ss:
T¡r-¡p¡ore #:WORK
Fu #:
HOMET¿lepxow¡ #:
E-unll ¡oon¡ss:
Dnre n¡¡o PrAcE oF BTRTH:
D¡cn¡ts erR¡¡¡o
(Deener, Sctooç Yrm):
Srrcrerry rr nrun
TYpr o¡ pRlcttct:
Flcutw rpport¡tMENTs, tF ANìr
PRrvrous HoNouRs & tmRos:
NOMII{ATOR
Nrur:
AooRsss:
TelepHorur #:
¡nx #:
E-unt aooRrss:
SECONDER
N¡N¡:
AooR¡ss:
T¡lrpro¡re #:
ru #:
E-¡¡¡t nooRess:
Deaciline for Nominations: August 7, 2009
Correspondence dated May 25, 2009 from The College of Physic...
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Page 226 of 303
Lynda Millard
'1
(âÞ\
From:
Sent:
To:
Subject:
lynnacre@amtelecom. net
Tuesday, May 19, 2009 10:03 PM
Lynda Millard
[Fwd: United Way Kick-Off-September 17,20091
untitled-[2] (2 KB)
Hi Lynda,
!üi11 you have this email put on our next agenda in June to discuss and decide. Thanks.
Lynn
- Original Message
Subject: United l{ay Kick-Off-September 17, 2009
From: "Sharon Lechner" <sl-echnerGstthomasunitedway.ca>
Date: Tue, May 19, 2009 II:54 am
To: mayorGtown. aylmer. on. ca
lynnacreG amtel-ecom. net
shofhuisl3ßyahoo. ca
mal-ahideGtownship. malahide . on. ca
caoGtwp. southwol-d. on. ca
mayorGwestelgin. net
mayGcj-ty. st-thomas. on. ca
Good morning-The Elgin-St. Thomas United Vrlay is kicking off its 2009 campaign on Thursday,
September 17th.
After discussing various options, we are wondering if each of your municipalities would be
willing to enter a chili to be judged by celebrity judges. You may choose who wil-l make
the chil-i frorn your municipality or enter as a group effort. ble are hoping to hold the
event at 5:00 p.m. at Pinafore Park. As our United lrlay serves all of Elgin County, hle
thought this would be a great way to kick off our campaign. Pl-ease advlse no l-ater than
June 8th if your municipality is wiJ-ling to participate or if you need more information.
Thanks very much.
Sharon Lechner
cEo
EJ-gin-St. Thomas United Way
Vfithout you, there would be no way
Email correspondence dated May 19, 2009 from Sharon Lechner,...
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Page 228 of 303
q
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORANDT'M
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Committee - Vienna Library/Former Town Hall
DATE: April30,2009
F'ILE: ROà
At its' April 16th meeting, Council received a delegation regarding the Vienna LibraryÆormer Town Hall
building. It was suggested following the delegation that some form of Committee be established to work
on this building issue.
Following the meeting, staff issued a suggestion of a Committee with a maximum 2 members of Council,
1 staff, and 3 communþ representatives. Two members of Council responded expressing interest
(Councillor Taylor and Mayor Acre). Jan Collins responded on behalf of the delegation advising they
have 4 members for the Committee.
At this time, Council members may wish to finalize representation on the Committee and establish first
meeting dates.
For additional information, I would note that the report of the Architectural Conservancy of Ontario
"Preservation Works!" program has not been received at this time.
Staff Memorandum regarding Committee - Vienna Library / Form...
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Page 230 of 303
/ó
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: I|l4ay 29,2009
FROM: Kyle Kruger, Administrator FILE: E
SUBJECT: Vy'aste Disposal Agreement - City of Toronto NUMBER: E2009-08
Purpose
This report is to recommend execution of a Waste Disposal Agreement with the City of Toronto
regarding the Green Lane Landfill site.
Background
Since the acquisition of the Green Lane landfill site by the City of Toronto, Elgin area municipalities
have been pursuing agreements with the City regarding access to the facility and defined rates. The
original Certificate of Approval for the site included provision for annual access for Elgin
municipalities, but did not contemplate timelines nor fees.
Staff Comments
Discussions with the City coordinated by areamunicipal representatives and the County staff have now
resulted in a standard Waste Disposal agreement for all area municipalities in Elgin (excepting
Southwold, which has its o\ryn agreement as the host municipality).
The agreement allows municipalities to "opt-in" using the site at such time as it is required. Some area
municipalities already utilize Green Lane, while others (including Bayham) currently utilize other sites.
Completing the agreement does not bind the municipality to use the site, but allows for the option in the
future.
The agreement provides that capacity at the site shall be maintained for Elgin municipalities until at
least February 2019 (or arrangements for an alternative site), and a tonnage rate of 557.00 per tonne
(2007 rate, adjusted annually by the CPI). This is a competitive tonnage rate.
Options
1. Execute standard Waste Disposal Agreement with City of Toronto
2. Atfemptto negotiate own Waste Disposal Agreement
Attachments
1. Draft ByJaw No. 2009-081, to Authorize the execution of a Waste Disposal Agreement with the
City of Toronto, County of Elgin, and Elgin Area Municipalities.
Strategic Plan Goal(s):
Goal #1 - Practice responsible financial management
Goal #4 - Be dedicated to service excellence
Goal#7 - Promote excellence in environmental stewardship
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Page 231 of 303
Recommendation
That draft By-law No. 2009-081, being a byJaw to authorize the execution of a Waste Disposal
Agreement with the City of Toronto, County of Elgin, and Elgin Area Municipalities be presented to
Council for enactment.
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THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2009-081
A BY.LA\il TO AUTHORIZE TIIE EXECUTION OF A WASTE DISPOSAL
AGREEMENT WITH THE CITY OF TORONTO, COT]NTY OF ELGIN, AND
ELGIN COTJNTY AREA MTJNICIPALITIES
WHEREAS Section l1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides
in part that a lower tier municipality may pass by-laws respecting Waste Management;
AND WHEREAS the Corporation of the City of Toronto is the owner of the Green Lane
Landfill site located in Southwold Township in Elgin County;
AND \ilHEREAS Elgin area municipalities desire a waste disposal agreement for waste
disposal capacity at the Green Lane Landfill Site, and a standard agreement has been
negotiated with the City of Toronto;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems
it necessary and expedient to execute the standard Waste Disposal Agreement with the
City of Toronto, County of Elgin, Town of Aylmer, Township of Malahide, Municipality
of Central Elgin, Municipality of Dutton/Dunwich, and Municipality of West Elgin;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOIWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Waste
Disposal Agreement attached hereto as Schedule "4" and forming part of this by-
law between The City of Toronto, The County of Elgin, The Town of Aylmer,
The Township of Malahide, The Municipality of Bayham, The Municipalþ of
Central Elgin, The Municipality of Dutton-Dunwich, and The Municipalig of
West Elgin.
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
4rH DAY oF JUNE, 2009.
MAYOR CLERK
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WASTE DISPOSAL AGREEMENT
THE CORPORATION OF THE COUNTY OF ELGIN
-and-
THE CITY OF TORONTO
-and-
THE TO\^/N OF AYLMER
TOIV\ISHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON/ DUNWICH
MUNICIPALITY OF WEST ELGIN
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THIS WASTE DISPOSAL AGREEMENT made as of the 15th day of ]une, 2009.
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called "Count5r of. Elgin",
OF THE FIRST PART
-and-
THE CITY OF TORONTO
hereinafter called the "Owner",
OF THE SECOND PART
-and-
THE TOWN OF AYLMER
TOWNSHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON/DUNWICH
MUNICIPALITY OF WEST ELGIN
all identified as and hereinafter separately called the "Municipality",
OF THE THIRD PART
WHEREAS the Owner owns a landfill waste disposal site (the "Green Lane
Landfill Site") on certain lands and premises located at Part Lots 21., 22 and 23,
Concession 3, Southwold Township, Elgin County, as further described in
Schedule " A" attached hereto;
AND VVI{EREAS the Green Lane Landfill Site is regulated by Amended
Provisional Certificate of Approval Number 4051601 dated July 5, 2007 including
predecessors thereof and as may be further amended or replaced;
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-2-
AND WHEREAS on October 23, 2008 the County of Elgin authorized the
preparation of a solid, nonhazardous waste disposal agreement for waste disposal
capacity for its eligible constituent municipalities at the Green Lane Landfill Site (the
"Agreement");
AND WHEREAS each Municipality may choose to execute this Agreement in
order to use the Green Lane Landfill Site or may choose not to enter into this
AgreemenÇ
AND WHEREAS this Agreement shall not commence in respect of a
Municipality until such time as arry existing agreement for waste disposal
contractual services respecting that Municipality within the County of Elgin has
concluded or is terminated and as provided herein;
NOW THEREFORE THIS AGREEMENT VVITNESSETH that in
consideration of the premises and the mutual covenants contained hereiru the
parties hereto covenant and agree as follows:
DEFINED TERMS
1.. In this Agreement, the recitals shall form part of this Agreement and,
"business day" means a day not including Saturday, Sunday and Statutory
Holidays;
"Certificate of Approval" has the meaning ascribed thereto in the recitals;
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-3-
"Commencement Date" means the effective date referenced in Section 19;
"compostible material" includes all organic leaf and yard waste including
mechanically chipped brush; all herbaceous kitchen waste, such as vegetable
peelings and leaves; waste cooked food; kitchen paPer waste, such as box
board and waxed papers; cereals; egg shells; Christmas trees; and coffee
grounds, subject to such future program adjustments that may be instituted
by the County of Elgin as agreed upon by the parties acting reasonably;
"County of Elgin ldaste" means all municipal waste including residential
waste, IC&I Waste and mixed residential and IC&I Waste generated,
produced or created by or within the territorial limits of a Municipality of the
County of Elgirç or by any facility owned and operated by or on behalf of a
Municipality or the Counly ol Etgin outside of such territorial limits, and
collected andf or transported for disposal by a Municipality or the County of
Elgin or by a third party on behalf of a Municipality or the County of Elgin
but for greater certainty, shall not include waste originating from the
municipalities of the Corporation of the City of St. Thomas or the Corporation
of the Township of Southwold, or their successors;
"CPl Adjustment" means the percentage change for any fiscal year in the
All-items Consumer Price Index for Ontario published by Statistics Canada,
ot any successor body or agency, over the same index for the immediately
preceding fiscal yeaï
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-4-
"f.orce majeure" means an occurrence beyond the reasonable control of the
party claiming suspension of an obligation hereunder, which has not been
caused by such party's negligence and which such party was unable to
prevent or provide against by the exercise of reasonable diligence at a
reasonable cost and includes, without limiting the generality of the foregoing,
an act of God, war, tevolution, insurrectiorç blockage, riot, strike, a lockout or
other industrial disturbance, fire, lightning, unusually severe weather,
storms, floods, explosion, accident, shortage of labour or materials or
goverrunent restrainÇ action, delay or inaction;
"hours of operation" mean the hours of operation for the Green Lane
Landfill Site set out in Schedule "B";
"IC&I l{aste" mearìs non-hazardous solid industrial, commercial and
institutional waste generated, produced or created within the territorial limits
of the County of Elgin;
"Municip ality" shall mean all or any of the named area municipalities within
the County of Elgin that are identified as parties to this Agreement and which
separately elect to execute and be bound by its terms;
"recyclable material" includes all washed, rinsed and deJabelled glass
bottles, food cans and beverage cans; uncontaminated newspaPers, inserts,
circulars, rnagazines, telephone directories, household and office papers and
mail; clean and flattened cardboard; and all plastic bottles with eithet a"\" ot
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-5-
a "2" in a mobius loop on the bottle; subject to such future Program
adjustments that may be instituted by the County of Elgin as agreed upon by
the parties acting reasonably;
"LJnacceptable l{aste" means:
explosive or highly combustible material of any nature;
car bodies;
sheet iron and scrap metal;
tree stumps and trees having a diameter greater than ten (10")
inches or a length greater than four (4') feet;
. anI corrosive or toxic material;
. radioactive materials;
. any carcasses of animals;
o pathological and biological waste;
. hazardous waste;
. liquid waste;
o wâste of any nature and kind as is now or may hereafter at any
time be prohibited from disposal at the Green Lane Landfill Site
by reason of any statute or regulation of the Province of Ontario
now or hereafter enacted, promulgated or amended;
"Waste" means municipal waste, including, domestic, coÍunercial and non-
hazardoas solid industrial waste, institutional waste, sewage sludge from
municipal sewage treatment plants, and non-hazardous contaminated soils,
but excludes compostible material, recyclable material, and Unacceptable
Waste.
a
o
a
a
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-6-
DISPOSAL OF WASTE
The Owner shall accept and shall record for each load of the County of Elgin
Waste, delivered in suitable vehicles during the Green Lane Landfill Site's
hours of operation, the source Municipality and weight for the period from
the Commencement Date through the last day of February,2019 at a rate of
Fifty-Seven ($57.00) dollars per tonne or part thereof and either increased or
decreased by the CPI Adjustment, rounded to the nearest cent, beginning on
April 1,2007 and on each anniversary date thereafter.
The Owner agrees that it shall ensure sufficient capacity is available at the
Green Lane Landfill Site for anticipated County of Elgin Waste until the last
day of February, 2019. In the event of the closure ol or lack of capacity at, the
Green Lane Landfill Site prior to the last day of February, 2019, the Owner
agïees to transport, or cause to be transported, County of Elgin Waste from
the Green Lane Landfill Site or from an agreed upon transfer station
operating as part of an approved waste management system, to another
waste disposal site and dispose of County of Elgin Waste at that site at the
price stipulated by this Section 2 of this Agreement provided that such rate
has been paid to the Owner by the County of Elgin, regardless of the
additional costs of County of Elgin Waste disposal elsewhere.
The Owner shall accept for disposal at the Green Lane Landfill Site during its
hours of operation, street sweepings and inert types of waste from any
3.
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-7-
Municipality in its present and future operations, including "one-man"
concrete and brick rubble (i.e. a quantity and weight capable of being carried
by one man alone), building demolition materials, if lawfully permitted for
disposal at the Green Lane Landfill Site, at a rate of Fifty-Seven ($57.00)
Dollars per tonne or part thereof and either increased or decreased by the CPI
Adjustmen! rounded to the nearest cent, beginning on April 1,,2007 and on
each anniversary date thereafter.
4. The Owner rrLay, but is not obligated to, accept for disposal during its hours
of operation" IC&I Waste, if lawfully permitted for disposal at the Green Lane
Landfill Site and transported in suitable vehicles in loads of not less than
three (3) tonnes, at a rate not exceeding Seventy-Seven dollars and Sixteen
cents (fi77.16) per tonne or part thereof and shall be increased or decreased by
the CPI Adjustment, rounded to the nearest cent, beginning on April T,2007
and on each anniversary date thereafter, payable by the Municipality.
INVOICING AND PAYMENT OBLIGATIONS
The Owner shall provide to the County of Elgin on a monthly basis following
the Commencement Date an invoice for payment of the disposal fee as set
forth in Sections 2, 3 and 4. The Owner shall include with that invoice
documentation of the weight of County of Elgin Wastes disposed of during
the preceding month and identify its Municipality of origirç manifest
reference, date and delivery particulars. For greater certainty, such
5.
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7.
-8-
documentation shall consist of a Report identifying the weight of each load,
source Municipality in the case of County of Elgin Waste, waste category and
weigh scale ticket number at the Green Lane Landfill Site. In the absence of
verifiable error, the Owner's weight records will be used for payment
PurPoses.
6. Within the two (2) months of the end of a calendar yeaÍ, the Owner shall
provide to the County of Elgiru by Municipality, a cumulative record of
County of Elgin Waste disposed of at the Green Lane Landfill Site, with
particulars as to monthly weights.
The County of Elgin shall pay the respective portions of the disposal fee for
County of Elgin Waste identified by Municipality of origin, excepting private
IC&I Waste, and any other amounts payable to the Owner by electronic funds
transfer, cheque or banker's draft within thirty (30) days of the invoice date.
The County of Elgin shall pay a late fee equal to eighteen per cent (18%) per
arìnum on all invoices for which payment was due but was not received by
the Owner within thirty (30) days of the invoice date.
A failure of the County of Elgin to perform its payments obligation to the
Owner under this Agreement shall entitle the Owner to refuse to accept
County of Elgin Waste for disposal. Before refusing to accept County of Elgin
Waste for the non-payment of invoices, the Owner shall provide written
notice to the County of Elgin of the failure to pay and if the breach is not
8.
9.
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10.
-9-
remedied within one hundred and ten (110) days from the date of disposal for
which an invoice has been issued and remains unpaid, final notice shall be
given and disposal services shall be suspended at the one hundred and
twentieth (1ZOtt¡ day aÍter the disposal date. In the event of such suspension
of disposal services, the Owner shall not incur any liability to the County of
Elgin or any Municipality.
CERTIFICATE OF APPROVAL
The County of Elgin and each Municipality executing this Agreement
acknowledges that the Owner must comply with the Certificate of Approval
and agrees that it and any subcontractors shall conduct themselves in a
marìner that allows the Owner to meets its obligations under the Certificate of
Approval.
INSPECTION OF WASTE; UNACCEPTABLE WASTE
The Owner may, but is not obligated to, at any time inspect the contents of
any loaded trailers or vehicles transporting or delivering County of Elgin
Waste or IC&I Waste to the Green Lane Landfill Site. If the Owner discovers
Unacceptable Waste, excepting County of Elgin Waste containing
compostable material or recyclable material from a Municipality that does not
have separate collection but complies with O. Reg.101,/94, O. Reg. 102/94,O.
Reg. 103/94 and O. Reg. 704/94 under the Environmental Protection Act, the
Owner shall reject such Unacceptable Waste and coordinate the removal and
11,.
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return of such Unacceptable Waste to its originating Municipality or carrier in
the case of private IC&I Waste. The Owner may cause the delivery of
Unacceptable Waste by a carrier licensed to transport the type of waste in
question to a licensed disposal facility acceptable to the County of Elgin or
private IC&I Waste owner as the case may be, and the County of Elgin or
private IC&I Waste Owner, as the case may be, shall be responsible for all
reasonable direct costs. In the event that a Municipality, the County of Elgin
or private IC&I Waste Owner is unavailable or incapable of properly
managing or arranging for the management of the said Unacceptable Waste,
the Owner rrray, at its optiorç manage the removal, remediation,
transportation and proper disposal of the Unacceptable Waste in accordance
with all applicable laws and the Owner shall be reimbursed by the County of
Elgin or applicable private IC&I Waste owner for all reasonable costs related
thereto. In the event of any charges accruing under this Section 11 to the
County of Elgin, the provisions of Section 7 hereof shall apply with the
necessary changes. The Owner acknowledges that in no event shall the
County of Elgin have any responsibility or obligation in respect of any aspect
of private IC&I Waste accepted for disposal at the Green Lane Landfill Site.
For greater certainty, it is acknowledged and agreed that the County of Elgin
shall have no responsibility in respect of private IC&I Waste rejected under
this Section 1L, In the event of a dispute arising under this Section 11,
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between a Municipality and the County of Elgiru such dispute shall be
disposed in accordance with the provisions of Section 2L hereof.
12. No delay on the part of any party in the exercise of any right, power or
remedy hereunder or otherwise shall operate as a waiver thereof, and no
single or partial exercise by any parry of any right, power or remedy shall
preclude other or further exercise thereof or the exercise of any other right,
power or remedy.
NOTICE
13. Any notice or conununication to be given by a party hereunder to an other
shall be deemed to be well and sufficiently given and served if faxed or
handed to the designated representative or officer or clerk of any party or, if
mailed, by prepaid registered mail addressed to it at:
In the case of the Owner:
Transfer and Disposal Operations
City of Toronto
Metro Hall, L9th Floor, 55 John Street
Toronto, ON MsV 3C6
Fax Numb er 41ß-397 -1348
Attention: George Soutþ Director
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In the case of the County of Elgin:
County of Elgin
450 Sunset Drive
St. Thomas, ON NsR 5V1
Fax Number: (519) 633-7661.
Attention: Mark McDonald, CAO
In the case of the Town of Aylmer:
Town of Aylmer
46 Talbot Street West
Aylmer, ON NsH U7
Fax Number: (519) 765-7446
Attention: Ms. Heather Adams, AdminisftatorfDeputy Clerk
In the case of the Township Of Malahide:
Township of Malahide
87 John Street South
Aylmer, ON NsH 2C3
Fax Number: (519) 773-5334
Attention: Randy Millard, CAO/Clerk
In the case of the Municipality Of Bayham:
Municipality of Bayham
9344Plat* Road, Box 160
Straffordville, ON NOJ 1Y0
Fax Number: (519) 866-3884
Attention: Mr. Kyle Kruger, Administrator
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In the case of the Municipality Of Central Elgin:
Municipality of Central Elgin
450 Sunset Drive
Elgin County Administration Building
St. Thomas, ON N5R 5V1
Fax Number: (519) 631,-4036
Attention: Mr. Donald Leitctu C.A.O./Clerk
In the case of the Municipality Of Dutton/Dunwich:
Municipality of Dutton/ Dunwich
199 Currie Road
P.O. Box 329
Dutton, ON NOL U0
Fax Number: (519) 762-2278
Attention: Mr. Ken Loveland, Administrator f Clerk/Treasurer
In the case of the Municipality Of West Elgin:
Municipality of West Elgin
22413 Hoskins Line
P.O. Box 490
Rodney, ON NOL 2C0
Fax Number: (519) 785-0644
Attention: Mrs. Joanne Grocþ Administrator fTreasurer
or to such other address as may hereafter be specified. I¡Vhere notice is given
by registered mail, it shall be deemed to have been received on the fourth (4ft)
business day after it is mailed unless postal employees at the point of mailing
or at the point of delivery are on strike at any time during the four business
days following the time of mailing in which event it shall be effective when
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delivered to the addressee. If delivered by fax or by hand, it shall be deemed
to have been received on the same day if dehvered before 5 p.-. and on the
next business day if delivered after 5 p.m. In the event of a Notice to a
Municipality, a copy of the said Notice shall be provided to the County of
Elgin.
ASSIGNMENT
'1,4. This Agreement shall not be assigned, sold or transferred by a share or asset
sale by the Owner without the prior written consent of the County of Elgin,
which consent shall not be unreasonably withheld provided that upon such
assignment the Owner causes such assignee to enter into an assumption
agreement with the County of Elgin.
INVALIDITY
15. The invalidity of any particular provision of this Agreement shall not affect
any other provision of it, but this Agreement shall be construed as if the
invalid provision had been omitted.
FORCE MA.IEURE
16.
76.7
The parties further agree as follows:
if any party is prevented by force majeure from fulfilling any obligations
hereunder, the obligations of the party, in so far only as its obligations are
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affected by the force majeure, shall be suspended while the force majeure
continues to prevent the performance of such obligation and for that time
thereafter as that party may reasonably require to commence to fulfil such
obligation. A party prevented from fulfilling any obligation by force majeure
shall promptly give the other party notice of the force majeure and the
affected obligations, including reasonably full particulars in respect thereof;
L6.2 the party claiming suspension of an obligation as aforesaid shall promptly
remedy the cause and effect of the applicable force majeure, in so far as it is
reasonably able to do so, and such party shall promptly give the other party
notice when the force majeure ceases to prevent the performance of the
applicable obligation. However, the terms of settlement of any strike, lockout
or other industrial disturbance shall be wholly in the discretion of such party,
notwithstanding the definition of "force majeure" in Section L of this
Agreement, and that party shall not be required to accede to the demands of
its opponents in any strike,lockout or industrial disturbance solely to remedy
promptly the force majeure thereby constituted; and
1,6.3 notwithstanding anything contained in this Section 1,6,lack of finances shall
not be considered a force majeure, nor shall any force majeure suspend any
obligation for the payment of money due hereunder.
AREA MUNICIPALITY ELECTION
17.A Municipality may but is not obligated to deposit or cause to be deposited
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Waste generated in the Municipality at the Green Lane Landfill Site pursuant
to the terms of this Agreement. By the execution of this Agreement, howevet,
the Municipality acknowledges, agrees and is bound to the terms hereof
including, but not limited to consenting to the accounting, administration and
payment by the County of Elgin as provided for in this Agreement. The
Municipality hereby agrees to forthwith reimburse the County of Elgin for
payments made on its behalf made in accordance with the terms of this
Agreement, upon being invoiced for such payments. The Municipality shall
be directly and unconditionally liable to the County of Elgin for all such
payments, including interest, made by it on behalf of the Municipality.
LIMITATION ON COUNTY ROLE
The Owner and the Municipality acknowledge that the Coun$ of Elgin's
interest in this Agreement is to act as the facilitator and administrator of
clerical, accounting and payment functions only, and the Owner and any
Municipality shall have no recourse in law or equity against the County of
Elgin for the breach or default or non-performance or failure to adequately
perform any service, function, power or responsibility not specifically
allocated to the County of Elgin by the terms of this Agreement.
For greater certainty, the Owner and Municipality acknowledge and agree
that the County of Elgin holds no ownership interest in County of Elgin
Waste at any time prior to or upon receipt or deposit at the Green Lane
18.
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19.
-17 -
Landfill Site and the Owner and Municipality shall have no recourse under
this Agreement against the Counf ol Elgin in respect of the transport,
ownership, deposit or disposal of County of Elgin Waste by a Municipality.
COMMENCEMENT DATE
County of Elgin Waste shall not be delivered by a Municipality under this
Agreement until that Municipality's contract for Waste disposal service has
concluded or been terminated.
The County of Elgin on the advice of a Municipality shall make its best efforts
to provide the Owner with at least ninety (90) days' notice of the conclusion
or termination of the first and any subsequent Municipality disposal
agreements and shall include in such notice the Commencement Date of the
delivery of waste by a Municipality to the Green Lane Landfill Site that will
allow the Owner to provide uninterrupted disposal service for County of
Elgin Waste. The County of Elgin shall also provide, within 30 days of its
notice under this Sectionl9, an estimate of County of Elgin Waste, sewage
sludge and screenings, street sweepings and inert types of waste, and IC&I
Waste expected to be disposed over the next year under this Agreement.
These estimates, including the impact of County of Elgin Waste diversion
programs, shall be updated and provided to the Owner each year on or
before the anniversary of the first Commencement Date.
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_18_
For greater certainty, a Municipality may
notwithstanding that it is not effective except
Section L9 and the Notice required therein.
ENTIRE AGREEMENT
execute this Agreement
upon compliance with this
20. This Agreement constitutes the entire understanding, contract and agreement
between the parties hereto in accordance with its terms and supersedes all
prior oral or written undertakings, agreements or contracts, formal or
informal between the parties hereto or their respective representatives with
respect to the disposal of waste that is generated from within the territorial
limits of the County of Elgin.
Nothing in this Agreement shall be interpreted to require that every
Municipality execute this Agreement and the parties acknowledge that this
Agreement binds only those that are signatories hereto.
ARBITRATION
21,. In the event of a dispute arising in respect of any term or application of this
Agreement as between the County of Elgin and a Municipality, the same
agree to an arbitration pursuant to the provisions of the Arbitrøtions Act,
Ontario. The arbitration shall proceed with three arbitrators one to be chosen
by the County of Elgir¡ one to be chosen by a Municipality (or in the case of
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more than one, by all) and the third on the agreement of the arbitrators so
selected.
DISPOSAL ON SATURDAYS AND STATUTORY HOLIDAYS
22.The County of Elgin or a Municipality trtàlr on seventy-two (72) hours
written notice, require the Owner to provide disposal services at the Green
Land Landfill Site on a specified Saturday or Statutory Holiday upon
compliance with the terms and conditions identified in Schedule "B" hereto.
HEADINGS
23. The headings to the Sections of this Agreement are for convenience only and
are not to be considered a part of this Agreement and do not in any way limit
or amplify the terms and conditions of this Agreement.
NO THIRD PARTY BENEFICIARIES
24.This Agreement is entered into by the Owner in its
and is not intended nor does it create any third party
any private person.
goverrunental capacity
beneficiary or rights in
PERSONAL LIABILITY
25. This Agreement is not intended to create or result in any personal liability for
any public official or Owner, employee or agent, or any employee,
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27.
_20_
representative or agent of the County of Elgin or a Municipality, nor shall the
Agreement be construed to create such liability.
AMENDMENT ORWAIVER
26. Neither this Agreement nor any provision hereof may be changed, modified,
amended or waived except by written documentation signed by the parties.
COUNTERPARTS
This Agreement may be executed in any number of counterparts (including
counterparts by facsimile) and all such counterparts taken together will be
deemed to constitute one and the same instrument. The party sending the
facsimile transmission will also deliver the original signed counterpart to the
Owner and to the Counf of Elgin, as the case may be; however, failure to
deliver the original signed counterpart shall not invalidate this Agreement.
IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been
hereunto affixed and attested to by the hands of their respective proper signing
officers.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
COUNTY OF ELGIN
Per:
in the presence of:
Execution and Delivery by The
Corporation of the County of Elgin
is authorized by By-law #--
Per:
Warden
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) Clerk
)
Execution and Delivery by The
Corporation of the Town Of Aylmer
is authorized by By-law t--
Execution and Delivery by The
Corporation of the Township Of
Malahide is authorized by
Bv-law #-
Execution and Delivery by The )
Corporation of the Municipality Of )
Bayham is authorizedby )
Bv-law #-J
--
) THE CORPORATION OF THE
TOWN OF AYLMER
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Per:
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF
CENTRAL ELGIN
Per:
Execution and Delivery by The ) Mayor
Corporation of the Municipality Of )
Central Elgin is authorizedby )
) Per:
)
)
By-law É-
Clerk
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) THE CORPORATION OF THE
) MUNICIPALITY OF
) DUTTON/DUNWICH
)
) Per:
Execution and Delivery by The ) Mayor
Corporation of the MunicipaliÇ Of )
Dutton/Dunwich is authorized by )
By-law #1 ) Per:
)
) Per:
Execution and Delivery by The ) Mayor
Corporation of the Municipalþ Of )
West Elgin is authorized by )
Bvlaw #-) Per:
) Clerk
)
) THE CORPORATION OF THE
) MUNICIPALITY OF WEST ELGIN
) Clerk
)
)) crTY oF TORONTO
)
) Per:
)
)
)
)
)
)
)
) Per:
)
)
)
)
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SCHEDULEUA'
In the Township of Southwold in the County of Elgin being Part of Lots 27,22 and
23, Concession 3, designated as Parts'1, &,2 on Reference Plan 11R-6074.
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SCHEDULE'8"
HOURS OF OPERATION
Under this Agreement, the hours of operation for the Green Lane Landfill Site shall
be those set out below:
Monday to Friday from 6 a.m. to 5 p.m. excluding statutory holidays, or such longer
hours as the Owner may prescribe from time to time.
In the event of a request in writing by the County of Elgin or a Municipality for the
Green Land Landfill Site to remain open for the receipt and deposit of waste on a
Saturday or Statutory Holiday (as listed below), the following charge shall apply:
(u) Provisional Daily Fee per 8 hour Statutory Holiday $12,000.00 per day
with applicable annual CPI escalation from January '1.,,2007. This rate
applies until December 31.,2010.
(b) Provisional Daily Fee per 13 hour Statutory Holiday $19,500.00 per day
with applicable annual CPI escalation from January 1.,2007. This will
involve the time period beginning January 'l.,, 201'1. until such time as
altered at the sole discretion of the City of Toronto.
Statutory Holidays include the following and may be amended at the
sole discretion of the City of Toronto:
New Years Day
Farnily Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Simcoe Day
Labour Day
Thanksgiving Day
Remembrance Day
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(.)
-25 -
Christmas Day
Boxing Day
No fee from 6:00 a.m. until noon on Saturdays.
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THE CORPORÄ,TION OF THE
MUNICIPALITY OF BAYHAM
BY-LAIV NO.2009-079
A BY.LAW TO ESTABLISH CUSTOMER SERVICE
POLICIES AND PROCEDURES UI{DER THE
ACCESSIBILITY FOR ONTARIANS WTH
DISABILITIES ACT, 2005.
}YHEREAS Ontario Regulation 42gl07,under the lcc essibility for Ontarians wilh Disabilit¡es
Act, 2005 requires all public sector organizations to "establish policies, practices and procedures
governing the provision of its goods and services to persons with disabilities"
THEREFORE THE COIJNCIL OX'THE CORPORATION OF THE MUNICIPALITY
OX'BAYHAM ENACTS AS FOLLOIilS:
1. THAT a customer service accessibility policy be established as detailed in Schedule "4"
attached hereto.
2. THAT a customer service accessibility information guide be approved as the primary
training document under the customer service accessibility policy and is attached hereto
as Schedule "B".
3. THAT this byJaw shall come into fi¡ll force and effect upon final passing.
READ A X'IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4tb DAY
OF JI]NE 2009.
MAYOR CLERK
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THE CORPORATION OI'THE
MUMCIPALITY OF BAYIIAM
BY-LAW NO.2009-080
A BY-LA\ry TO ESTABLISH TANGIBLE
CAPITAL ASSET POLICIES
WHEREAS subsection ll(2) of the Municipal Act, 2001 provides, in part, "a lower-tier
municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in
subsection (4), respecting the following matters:
3. Financial management of the municipality and its local boa¡ds."
AND WHEREAS section 294.1 of the Municipal Act, 2001 rcqwtes a municipality to follow the
generally accepted accounting principles for local goverffnents as recommended by the Public
Sector Accounting Board of the Canadian Institute of Chartered Accountants'
THEREFORE THE COIJNCIL OF THE CORPORATION OF THE MIJNICIPALITY
OF BAYHAM ENACTS ÄS F'OLLOWS:
1. THAT the Tangible Capital Asset Policies as detailed in the Municipality of Bayham
PSAB 3150 Compliance Report dated April 14,2009, as prepared by ìffatson and
Associates, be and the same are hereþ adopted by the Municipality of Bayham.
2, THAT this by-law shall come into fi¡ll force and effect upon final passing.
READ A FTRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY
oF JTINE 2009.
MAYOR CLERK
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THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2009-081
A BY-LAW TO AUTHORIZE THE EXECUTION OF A WASTE DISPOSAL
AGREEMENT WITH THE CITY OF TORONTO, COTJNTY OF ELGIN, ANI)
ELGIN COTJNTY AREA MTJNICIPALITIES
\ilHEREAS Section 11 of the Municipal Act,200I, S.O. 2001, c.25 as amended provides
in part that a lower tier municipality may pass by-laws respecting Waste Management;
AND WHEREAS the Corporation of the City of Toronto is the owner of the Green Lane
Landfill site located in Southwold Township in Elgin County;
AND WIIEREAS Elgin area municipalities desire a waste disposal agreement for waste
disposal capacity at the Green Lane Landfill Site, and a standard agreement has been
negotiated with the City of Toronto;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems
it necessary and expedient to execute the standard V/aste Disposal Agreement with the
City of Toronto, County of Elgin, Town of Aylmer, Township of Malahide, Municipality
of Central Elgin, Municipality of Dutton/Dunwich, and Municipality of West Elgin;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
THAT the Mayor and Clerk be and are hereby authorized to execute the Waste
Disposal Agreement attached hereto as Schedule "A" and forming part of this by-
law between The City of Toronto, The County of Elgin, The Town of Aylmer,
The Township of Malahide, The Municipality of Bayham, The Municipality of
Central Elgin, The Municipality of Dutton-Dunwich, and The Municipality of
West Elgin.
AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
4rH DAY oF JUNE, 2009.
1.
2.
MAYOR CLERK
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WASTE DISPOSAL AGREEMENT
THE CORPORATION OF THE COUNTY OF ELGIN
-and-
THE CITY OF TORONTO
-and-
THE TOI4IT{ OF AYLMER
TOIATNISHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON/ DUNWICH
MUNICIPALITY OF WEST ELGIN
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THIS WASTE DISPOSAL AGREEMENT made as of the 15th day of ]une, 2009.
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called "County of. Elgin",
OF THE FIRST PART
-and-
THE CITY OF TORONTO
hereinafter called the "Owner",
OF THE SECOND PART
-and-
THE TOWN OF AYLMER
TOWNSHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON / DUNWICH
MUNICIPALITY OF WEST ELGIN
all identified as and hereinafter separately called the "Municipality",
OF THE THIRD PART
WHEREAS the Owner owns a landfill waste disposal site (the "Green Lane
Landfill Site") on certain lands and premises located at Part Lots 21., 22 and 23,
Concession 3, Southwold Township, Elgin County, as further described in
Schedule " A" attached hereto;
AND WHEREAS the Green Lane Landfill Site is regulated by Amended
Provisional Certificate of Approval Number 4051601 dated July 5, 2007 including
predecessors thereof and as may be further amended or replaced;
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AND WHEREAS on October 23,2008 the County of Elgin authorized the
preparation of a solid, nonhazardous waste disposal agreement for waste disposal
capacity for its eligible constituent municipalities at the Green Lane Landfill Site (the
"Agreement");
AND WHEREAS each Municipality may choose to execute this Agreement in
order to use the Green Lane Landfill Site or may choose not to enter into this
AgreemenÇ
AND WHEREAS this Agreement shall not conunence in respect of a
Municipality until such time as any existing agreement for waste disposal
contractual services respecting that Municipality within the County of Elgin has
concluded or is terminated and as provided herein;
NOw THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the mutual covenants contained herein, the
parties hereto covenant and agree as follows:
DEFINED TERMS
1. In this Agreement, the recitals shall form part of this Agreement and,
"business day" means a day not including Saturday, Sunday and Statutory
Holidays;
"Certificate of Approval" has the meaning ascribed thereto in the recitals;
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"Commencement Date" means the effective date referenced in Section 19;
"compostible material" includes all organic leaf and yard waste including
mechanically chipped brustu all herbaceous kitchen waste, such as vegetable
peelings and leaves; waste cooked food; kitchen paper waste, such as box
board and waxed papers; cereals; egg shells; Christmas trees; and coffee
grounds, subject to such future program adjustments that may be instituted
by the County of Elgin as agreed upon by the parties acting reasonably;
"Coun$/ of Elgin l{aste" means all municipal waste including residential
waste, IC&I Waste and mixed residential and IC&I Waste generated,
produced or created by or within the territorial limits of a Municipality of the
County of Elgin, or by any facility owned and operated by or on behalf of a
Municipality or the County of Elgin outside of such territorial limits, and
collected andf or transported for disposal by a Municipality or the County of
Elgin or by a third parry on behalf of a Municipality or the County of Elgin
but for greater certainty, shall not include waste originating from the
municipalities of the Corporation of the City of St. Thomas or the Corporation
of the Township of Southwold, or their successors;
"CPI Adjustment" means the percentage change for any fiscal year in the
All-items Consumer Price Index for Ontario published by Statistics Canada,
or any successor body or agency, over the same index for the immediately
preceding fiscal yeaï
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4-
"f.orce majeure" means an occurrence beyond the reasonable control of the
party claiming suspension of an obligation hereunder, which has not been
caused by such party's negligence and which such party was unable to
prevent or provide against by the exercise of reasonable diligence at a
reasonable cost and includes, without limiting the generality of the foregoing,
an act of God, war, revolutiorç insurrection, blockage, riot, strike, a lockout or
other industrial disturbance, Íire, lightning, unusually severe weather,
storms, floods, explosiory accident, shortage of labour or materials or
goverrunent restraint, actiory delay or inaction;
"hours of operation" mean the hours of operation for the Green Lane
Landfill Site set out in Schedule "8";
"IC&I Waste" means non-hazardous solid industrial, commercial and
institutional waste generated, produced or created within the territorial limits
of the County of Elgin;
"Municipality" shall mean all or any of the named area municipalities within
the County of Elgin that are identified as parties to this Agreement and which
separately elect to execute and be bound by its terms;
"recyclable material" includes all washed, rinsed and delabelled glass
bottles, food cans and beverage cans; uncontaminated newspapers, inserts,
circulars, magazines, telephone directories, household and office papers and
mail; clean and flattened cardboard; and all plastic bottles with eitheÍ a"1" or
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-5-
a "2" in a mobius loop on the bottle; subject
adjustments that may be instituted by the County
the parties acting reasonably;
"LJnacceptable l{aste" means:
a
a
o
o
a
o
o
a
a
a
a
to such future program
of Elgin as agreed upon by
explosive or highly combustible material of any nature;
car bodies;
sheet iron and scrap metal;
tree stumps and trees having a diameter greater than ten (10")
inches or a length greater than four (4') feef
any corrosive or toxic material;
radioactive materials;
any carcasses of animals;
pathological and biological waste;
hazardous waste;
liquid waste;
waste of any nature and kind as is now or may hereafter at any
time be prohibited from disposal at the Green Lane Landfill Site
by reason of any statute or regulation of the Province of Ontario
now or hereafter enacted, promulgated or amended;
"Waste" means municipal waste, including, domestic, commercial and non-
hazardous solid industrial waste, institutional waste, sewage sludge from
municipal sewage treatment plants, and non-hazardous contaminated soils,
but excludes compostible material, recyclable material, and Unacceptable
Waste.
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DISPOSAL OF WASTE
The Owner shall accept and shall record for each load of the County of Elgin
Waste, delivered in suitable vehicles during the Green Lane Landfill Site's
hours of operatiory the source Municipality and weight for the period from
the Commencement Date through the last day of February,2019 at a rate of
Fifty-Seven ($57.00) dollars per tonne or part thereof and either increased or
decreased by the CPI Adjustment rounded to the nearest cent, beginning on
April 1,2007 and on each anniversary date thereafter.
The Owner agrees that it shall ensure sufficient capacity is available at the
Green Lane Landfill Site for anticipated County of Elgin Waste until the last
day of February, 2019. In the event of the closure of, or lack of capacity at, the
Green Lane Landfill Site prior to the last day of February, 2019, the Owner
agrees to transport, or cause to be transported, County of Elgin Waste from
the Green Lane Landfill Site or from an agreed upon transfer station
operating as part of an approved waste management system, to another
waste disposal site and dispose of County of Elgin Waste at that site at the
price stipulated by this Section 2 of this Agreement provided that such rate
has been paid to the Owner by the County of Elgin, regardless of the
additional costs of County of Elgin Waste disposal elsewhere.
The Owner shall accept for disposal at the Green Lane Landfill Site during its
hours of operation, street sweepings and inert types of waste from any
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Municipality in its present and future operations, including "one-man"
concrete and brick rubble (i.e. a quantity and weight capable of being carried
by one man alone), building demolition materials, if lawfully permitted for
disposal at the Green Lane Landfill Site, at a rate of Fifty-Seven ($57.00)
Dollars per tonne or part thereof and either increased or decreased by the CPI
Adjustment, rounded to the nearest cenf beginning on April '1,,2007 and on
each anniversary date thereafter.
4. The Owner may, but is not obligated to, accept for disposal during its hours
of operation, IC&I Waste, if lawfully permitted for disposal at the Green Lane
Landfill Site and transported in suitable vehicles in loads of not less than
three (3) tonnes, at a rate not exceeding Seventy-Seven dollars and Sixteen
cents (fi77.16) per tonne or part thereof and shall be increased or decreased by
the CPI Adjustment, rounded to the nearest cent, beginning on April 7,2007
and on each anniversary date therealter, payable by the Municipality.
INVOICING AND PAYMENT OBLIGATIONS
5. The Owner shall provide to the County of Elgin on a monthly basis following
the Commencement Date an invoice for payment of the disposal fee as set
forth in Sections 2, 3 and 4. The Owner shall include with that invoice
documentation of the weight of County of Elgin Wastes disposed of during
the preceding month and identify its Municipality of origirç manifest
reference, date and delivery particulars. For greater certainty, such
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documentation shall consist of a Report identifying the weight of each load,
source Municipality in the case of County of Elgin Waste, waste category and
weigh scale ticket number at the Green Lane Landfill Site. In the absence of
verifiable error, the Owner's weight records will be used for payment
purposes.
6. Within the two (2) months of the end of a calendat year, the Owner shall
provide to the County of Elgin, by Municipality, a cumulative record of
County of Elgin Waste disposed of at the Green Lane Landfill Site, with
particulars as to monthly weights.
The County of Elgin shall pay the respective portions of the disposal fee for
County of Elgin Waste identified by Municipality of origin, excepting private
IC&I Waste, and any other amounts payable to the Owner by electronic funds
transfer, cheque or banker's draft within thirty (30) days of the invoice date.
The County of Elgin shall pay a late fee equal to eighteen per cent (18%) per
aruì.um on all invoices for which payment was due but was not received by
the Owner within thirty (30) days of the invoice date.
A failure of the County of Elgin to perform its payments obligation to the
Owner under this Agreement shall entitle the Owner to refuse to accept
County of Elgin Waste for disposal. Before refusing to accept County of Elgin
Waste for the non-payment of invoices, the Owner shall provide written
notice to the County of Elgin of the failure to pay and if the breach is not
8.
9.
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remedied within one hundred and ten (110) days from the date of disposal for
which an invoice has been issued and remains unpaid, final notice shall be
given and disposal services shall be suspended at the one hundred and
twentieth (lZOu'¡ day after the disposal date. In the event of such suspension
of disposal services, the Owner shall not incur any liability to the County of
Elgin or any Municipality.
CERTIFICATE OF APPROVAL
The County of Elgin and each Municipality executing this Agreement
acknowledges that the Owner must comply with the Certificate of Approval
and agrees that it and any subcontractors shall conduct themselves in a
manner that allows the Owner to meets its obligations under the Certificate of
Approval.
INSPECTION OF WASTE; UNACCEPTABLE WASTE
The Owner may, but is not obligated to, at any time inspect the contents of
any loaded trailers or vehicles transporting or delivering County of Elgin
Waste or IC&I Waste to the Green Lane Landfill Site. If the Owner discovers
Unacceptable Waste, excepting County of Elgin Waste containing
compostable material or recyclable material from a Municipality that does not
have separate collection but complies with O. Reg.101,/94, O. Reg. 1.02/94,O.
Reg. 103/94 and O. Reg. 104/94 under the Environmental Protection Act, the
Owner shall reject such Unacceptable Waste and coordinate the removal and
11..
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return of such Unacceptable Waste to its originating Municipality or carrier in
the case of private IC&I Waste. The Owner may cause the delivery of
Unacceptable Waste by a carrier licensed to transport the type of waste in
question to a licensed disposal facility acceptable to the County of Elgin or
private IC&I Waste owner as the case may be, and the County of Elgin or
private IC&I Waste Owner, as the case may be, shall be responsible for all
reasonable direct costs. In the event that a Municipality, the County of Elgin
or private IC&I Waste Owner is unavailable or incapable of properly
managing or arranging for the management of the said Unacceptable Waste,
the Owner Ír.lay, at its optiory manage the removal, remediation,
transportation and proper disposal of the Unacceptable Waste in accordance
with all applicable laws and the Owner shall be reimbursed by the County of
Elgin or applicable private IC&I Waste owner for all reasonable costs related
thereto. In the event of any charges accruing under this Section LL to the
County of Elgin, the provisions of Section 7 hereof shall apply with the
necessary changes. The Owner acknowledges that in no event shall the
County of Elgin have any responsibility or obligation in respect of any aspect
of private IC&I Waste accepted for disposal at the Green Lane Landfill Site.
For greater certainty, it is acknowledged and agreed that the County of Elgin
shall have no responsibility in respect of private IC&I Waste rejected under
this Section 1,L. In the event of a dispute arising under this Section 1.L
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between a Municipality and the County of Elgin, such dispute shall be
disposed in accordance with the provisions of Section 21 hereof.
12. No delay on the part of any party in the exercise of any right, power or
remedy hereunder or otherwise shall operate as a waiver thereof, and no
single or partial exercise by any party of any right, power or remedy shall
preclude other or further exercise thereof or the exercise of any other right
power or remedy.
NOTICE
13. Any notice or conununication to be given by a pafty hereunder to an other
shall be deemed to be well and sufficiently given and served if faxed or
handed to the designated representative or officer or clerk of any party or, if
mailed, by prepaid registered mail addressed to it at:
In the case of the Owner:
Transfer and Disposal Operations
City of Toronto
Metro Hall, 19th Floor, 55 John Street
Toronto, ON MsV 3C6
Fax Numb er : 41.6-397 -1348
Attention: George South, Director
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In the case of the County of Elgin:
County of Elgin
450 Sunset Drive
St. Thomas ON N5R 5V1
Fax Number: (519) 633-7661.
Attention: Mark McDonald, CAO
In the case of the Town of Aylmer:
Town of Aylmer
46TaIbotStreet West
Aylmer, ON NsH U7
Fax Number: (519) 765-7446
Attention: Ms. Heather Adams, Administratotf Deputy Clerk
In the case of the Township Of Malahide:
Township of Malahide
87 John Street South
Aylmer, ON N5H 2C3
Fax Number: (519) 773-5334
Attention: Randy Millard, CAO/Clerk
In the case of the Municipality Of Bayham:
Municipality of Bayham
9344PIat* Road, Box 160
Straffordville, ON NOJ 1Y0
Fax Number: (519) 866-3884
Attention: Mr. Kyle Kruger, Administrator
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In the case of the Municipality Of Central Elgin:
Municipality of Central Elg*
450 Sunset Drive
Elgin County Administration Building
St. Thomas, ON NsR 5V1
Fax Number: (519) 63L-4036
Attention: Mr. Donald Leitctu C.A.O./Clerk
In the case of the Municipality Of Dutton/Dunwich:
Municipality of Dutton/ Dunwich
199 Currie Road
P.O.Box329
Dutton, ON NOL U0
Fax Number: (519) 762-2278
Attention: Mr. Ken Loveland, Administr ator f Clerk/Treasurer
In the case of the Municipality Of West Elgin:
Municipality of West Elgin
22413 Hoskins Line
P.O. Box 490
Rodney, ON NOL 2C0
Fax Number: (519) 785-0644
Attention: Mrs. Joanne Groch, Administrator /Treasurer
or to such other address as may hereafter be specified. Where notice is given
by registered mail, it shall be deemed to have been received on the fourth (4ú)
business day after it is mailed unless postal employees at the point of mailing
or at the point of delivery are on strike at any time during the four business
days following the time of mailing in which event it shall be effective when
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1,4.
-1.4-
delivered to the addressee. If delivered by fax or by hand, it shall be deemed
to have been received on the same day if delivered before 5 p.m. and on the
next business day if delivered after 5 p.-. In the event of a Notice to a
Municipality, a copy of the said Notice shall be provided to the County of
Elgin.
ASSIGNMENT
This Agreement shall not be assigned, sold or transferred by a share or asset
sale by the Owner without the prior written consent of the County of Elgin,
which consent shall not be unreasonably withheld provided that upon such
assignment the Owner causes such assignee to enter into an assumption
agreement with the County of Elgin.
INVALIDITY
15. The invalidity of any particular provision of this Agreement shall not affect
any other provision of it, but this Agreement shall be construed as if the
invalid provision had been omitted.
FORCE MAIEURE
16. The parties further agree as follows:
76.1, if any party is prevented by force majeure from fulfilling any obligations
hereunder, the obligations of the pafty, in so far only as its obligations are
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affected by the force majeure, shall be suspended while the force majeure
continues to prevent the performance of such obligation and for that time
thereafter as that party may reasonably require to commence to fulfil such
obligation. A party prevented from fulfilling any obligation by force majeure
shall promptly give the other party notice of the force majeure and the
affected obligations, including reasonably full particulars in respect thereof;
1,6.2 the party claiming suspension of an obligation as aforesaid shall promptly
remedy the cause and effect of the applicable force majeure, in so far as it is
reasonably able to do so, and such party shall promptly give the other party
notice when the force majeure ceases to prevent the performance of the
applicable obligation. However, the terms of settlement of any strike, lockout
or other industrial disturbance shall be wholly in the discretion of such partf ,
notwithstanding the definition of "force majeure" in Section 1 of this
Agreement, and that party shall not be required to accede to the demands of
its opponents in any strike, lockout or industrial disturbance solely to remedy
promptly the force majeure thereby constituted; and
1.,6.3 notwithstanding anything contained in this Section L6,lack of finances shall
not be considered a force majeure, nor shall any force majeure suspend any
obligation for the payment of money due hereunder.
AREA MUNICIPALITY ELECTION
L7. A Municipatity may but is not obligated to deposit or cause to be deposited
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Waste generated in the Municipality at the Green Lane Landfill Site pursuant
to the terms of this Agreement. By the execution of this Agreement however,
the Municipality acknowledges, agrees and is bound to the terms hereof
including, but not limited to consenting to the accounting, administration and
payment by the County of Elgin as provided for in this Agreement. The
Municipality hereby agrees to forthwith reimburse the County of Elgin for
payments made on its behalf made in accordance with the terms of this
Agreement, upon being invoiced for such payments. The Municipality shall
be directly and unconditionally liable to the County of Elgin for all such
payments, including interest, made by it on behalf of the Municipality.
LIMITATION ON COUNTY ROLE
The Owner and the Municipality acknowledge that the County of Elgin's
interest in this Agreement is to act as the facilitator and administrator of
clerical, accounting and payment functions only, and the Owner and any
Municipality shall have no recourse in law or equity against the County of
Elgin for the breach or default or non-performance or failure to adequately
perform arry service, functiorç power or responsibility not specifically
allocated to the County of Elgin by the terms of this Agreement.
For greater certainty, the Owner and Municipality acknowledge and agree
that the County of Elgin holds no ownership interest in County of Elgin
Waste at any time prior to or upon receipt or deposit at the Green Lane
18.
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Landfill Site and the Owner and Municipality shall have no recourse under
this Agreement against the County of Elgin in respect of the transport
ownership, deposit or disposal of County of Elgin Waste by a Municipality.
COMMENCEMENT DATE
County of Elgin Waste shall not be delivered by a Municipality under this
Agreement until that Municipality's contract for Waste disposal service has
concluded or been terminated.
The County of Elgin on the advice of a Municipality shall make its best efforts
to provide the Owner with at least ninety (90) days' notice of the conclusion
or termination of the first and any subsequent Municipality disposal
agreements and shall include in such notice the Commencement Date of the
delivery of waste by a Municipality to the Green Lane Landfill Site that will
allow the Owner to provide uninterrupted disposal service for County of
Elgin Waste. The County of Elgin shall also provide, within 30 days of its
notice under this Sectionl9, an estimate of County of Elgin Waste, sewage
sludge and screenings, street sweepings and inert types of waste, and IC&I
Waste expected to be disposed over the next year under this Agreement.
These estimates, including the impact of Counf oÍ Elgin Waste diversion
programs, shall be updated and provided to the Owner each year on or
before the anniversary of the first Commencement Date.
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For greater certainty, a Municipality may execute this Agreement
notwithstanding that it is not effective except upon compliance with this
Section L9 and the Notice required therein.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding, contract and agreement
between the parties hereto in accordance with its terms and supersedes all
prior oral or written undertakings, agreements or contracts, formal or
informal between the parties hereto or their respective representatives with
respect to the disposal of waste that is generated from within the territorial
limits of the County of Elgin.
Nothing in this Agreement shall be interpreted to require that every
Municipality execute this Agreement and the parties acknowledge that this
Agreement binds only those that are signatories hereto.
ARBITRATION
In the event of a dispute arising in respect of any term or application of this
Agreement as between the County of Elgin and a Municipality, the same
agree to an arbitration pursuant to the provisions of the Arbitrøtions Act,
Ontario. The arbitration shall proceed with three arbitrators one to be chosen
by the County of Elgin, one to be chosen by a Municipality (or in the case of
21.
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more than one, by all) and the third on the agreement of the arbitrators so
selected.
DISPOSAL ON SATURDAYS AND STATUTORY HOLIDAYS
22. The County of Elgin or a Municipality may, on seventy-two (72) hours
written notice, require the Owner to provide disposal services at the Green
Land Landfill Site on a specified Saturday or Statutory Holiday upon
compliance with the terms and conditions identified in Schedule rrBrr hereto.
HEADINGS
23. The headings to the Sections of this Agreement are for convenience only and
are not to be considered a part of this Agreement and do not in any way limit
or amplify the terms and conditions of this Agreement.
NO THIRD PARTY BENEFICIARIES
This Agreement is entered into by the Owner in its goverrunental capacity
and is not intended nor does it create any third parry beneficiary or rights in
any private person.
PERSONAL LIABILITY
25. This Agreement is not intended to create or result in any personal liability for
any public official or Owner, employee or agent, or arry employee,
24.
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representative or agent of the County of Elgin or a Municipality, nor shall the
Agreement be construed to create such liability.
AMENDMENT ORWAIVER
Neither this Agreement nor any provision hereof may be changed, modified,
amended or waived except by written documentation signed by the parties.
COUNTERPARTS
27. This Agreement may be executed in any number of counterparts (including
counterparts by facsimile) and all such counterparts taken together will be
deemed to constitute one and the same instrument. The party sending the
facsimile transmission will also deliver the original signed counterpart to the
Owner and to the County of Elgin, as the case may be; however, failure to
deliver the original signed counterpart shall not invalidate this Agreement.
IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been
hereunto alfixed and attested to by the hands of their respective proper signing
officers.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
COUNTY OF ELGIN
Per:
in the presence of:
Execution and Delivery by The
Corporation of the County of Elgin
is authorized bv Bvlaw #-
Per:
Warden
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Execution and Delivery by The
Corporation of the Town Of Aylmer
is authorized bv Bv-law #-
Execution and Delivery by The
Corporation of the Township Of
Malahide is authorized by
Bv-law #-
Execution and Delivery by The
Corporation of the Municipality Of
Bayham is authorized by
Bv-law #-
Execution and Delivery by The
Corporation of the Municipality Of
Central Elgin is authorized by
Bv-law #-
Clerk
THE CORPORATION OF THE
TOI\rI\I OF AYLMER
Per:
Mayor
Clerk
THE CORPORATION OF THE
TOI\AISHIP OF MALAHIDE
Per:
Mayor
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Per:
Mayor
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF
CENTRAL ELGIN
Per:
Mayor
Per:
Clerk
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) THE CORPORATION OF THE
) MUNICIPALITY OF
) DUTTON/DUNWTCH
Execution and Delivery by The ) Mayor
Corporation of the Municipalþ Of )
Dutton/Dunwich is authorized by )Bvlaw#- ) Per:
Execution and Delivery by The ) Mayor
Corporation of the Municipality Of )
West Elgin is authorized by )
Bv-law #-J
--
) Per:
) Clerk
)
) THE CORPORATION OF THE
) MUNICIPALITY OF WEST ELGIN
) Clerk
)
)) crTY oF TORONTO
)
) Per:
)
)
)
)
)
)
)
) Per:
)
)
)
)
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SCHEDULEOA'
In the Township of Southwold in the County of Elgin being Part of Lots 21.,22 and
23, Concession 3, designated as Parts 1, &.2 on Reference Plan 11R-6074.
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SCHEDULE OBU
HOURS OF OPERATION
Under this Agreement, the hours of operation for the Green Lane Landfill Site shall
be those set out below:
Monday to Friday from 6 a.rn. to 5 p.m. excluding statutory holidays, or such longer
hours as the Owner may prescribe from time to time.
In the event of a request in writing by the County of Elgin or a Municipality for the
Green Land Landfill Site to remain open for the receipt and deposit of waste on a
Saturday or Statutory Holiday (as listed below), the following charge shall apply:
(u) Provisional Daily Fee per 8 hour Statutory Holiday $12,000.00 per day
with applicable annual CPI escalation from January 1,,2007. This rate
applies until December 31.,2010.
(b) Provisional Daily Fee per L3 hour Statutory Holiday $19,500.00 per day
with applicable annual CPI escalation from January 'I.., 2007. This will
involve the time period beginning January 1,, 2011, until such time as
altered at the sole discretion of the City of Toronto.
Statutory Holidays include the following and may be amended at the
sole discretion of the City of Toronto:
New Years Day
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Simcoe Day
Labour Day
Thanksgiving Day
Remembrance Day
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(.)
_25 _
Christmas Day
Boxing Day
No fee from 6:00 a.m. until noon on Saturdays.
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THE CORPORATION OF THE
MT]NICIPALITY OF BAYHÄM
BY-LAW NO. 2009-082
A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BET\ilEEN THE MUNICIPALITY OF BAYHAM AND C. VALERIE
DONNELL FOR THE PROVISION OF A CONCESSION FOOD BOOTH
AT THE EAST BEACH IN PORT BUR}YELL IN THE MUNICIPALITY
OF BAYHAM
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement for the provision of Concession Food Booth at the East Beach in Port
Burwell;
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham hereby accepts
the proposal submitted by C. Valerie Donnell for the provision of a Concession Food Booth at
the East Beach in Port Burwell;
NO\il THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule "4" and forming part of this by-law between C. Valerie
Donnell and the Municipality of Bayham for the provision of a Concession food Booth at
the East Beach in Port Burwell.
2. THAT By-lawNo. 2009-18, adopted by the Council of Municipality of Bayham the 19th
day of February,2}}9 be and same is hereby repealed;
3. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH
DAY OF JUNE,2009.
MAYOR CLERK
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AGREEMENT
MOBILE REFRESHMENI COwCESSTOTV - Port Buruell Beach
THIS AGREEMENT made in triplicate this 4th day of June,2009.
BETWEEN:C. Valerie Donnell
o/a Sam's Place
(hereinafter referred to as the "Vendor")
of the First Part
-and-
The Corporation of the
(hereinafter referred to
Municipality of Bayham
as the "Municipality")
ofthe Second Part
WHEREAS the Municipality is the registered owner of the lands legally described as (the East
Beach area),Plan 12Lots2 to 5, WS Erieus Street, Plan 12 Lots 3 to 5, E/S Robinson Street,
being 1.10 Acre, in the Village of Port Burwell, Municipality of Bayham, County of Elgin, and
shown on the map attached hereto as Appendix 664" , hereinafter referred to as the "lands";
AND WHEREAS the Vendor wishes to operate one Mobile Refreshment Concession ona
specific area of the said lands;
AND WHEREAS in consideration of the payment of the sum of monies as described within the
context of this agreement by the Vendor to the Municipality and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1.The Municipality grants permission to the Vendor the rights to operate a Mobile Refreshment
Concession, hereinafter referred to as the "Concession" fixed in the said location adjacent to
the public washroom facility for the term of the agreement.
The Vendor agrees to operate the Concession for the sale of food and beverages for the
months of June through October, 2009,unless otherwise terminated in accordance with
Paragraph 13 of this Agreement on the days and times as specified in Schedule "4" to this
agreement, weather and demand permitting. The Vendor agrees to use discretion in
determining hours. On days that the food booth is not operated the operator will open the
washrooms.
The Vendor shall pay to the Municipality the total sum of $ 2,400 for hydro and rental in
installments as follows:
June 15,2009
July 15,2009
August 15,2009
September 15,2009
2.
3.
$600
$600
$600
$600
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4.The Vendor agrees to indemniff the Municipality and save it harmless from and against any
and all claims, actions, damages, liability and expenses, in connection with loss of life,
personal injury, or damage to property arising from any occurrence on said lands howsoever
such claims may arise, providing proof of liability insurance not less than $ 2,000,000 (Two
Million Dollars) prior to opening and that the insurance shall name the Municipality of
Bayham as an additional insured.
The Vendor shall be responsible for maintaining the grounds in a neat and tidy condition,
including collection of litter and debris etc.
The Vendor will observe and fulfil the lawful provisions and requirements of all statutes, by-
laws, rules and regulations of Municipal, Provincial or Federal Governments, relating to the
said lands and upon request, shall provide the Municipality with conhrmation of inspection
approvals from the Elgin/St. Thomas Health Unit.
The Vendor shall maintain and operate the public washroom facilities during the hours of
operation of the Concession. Said maintenance to include unlocking and locking the
facilities, cleaning washrooms a minimum of three times daily and additionally, if needed.
The Vendor shall provide all cleaning materials and supplies as required in order to keep the
facilities clean and operable for the duration of this Agreement. The Vendor shall provide
the Leasor with a written log of cleaning activities with each monthly payment and the
Municipality or its agent shall have the right to inspect the premises for cleanliness. The
Municipality will supply the paper towels and toilet paper for the washroom facilities.
Neither the Municipality or the Vendor shall impede parking, pedestrian or vehicular trafftc
to the subject lands.
The Municipality shall have access to the site and surroundingareaat all times and shall be
permitted to operate vehicles and equipment for the purpose of general maintenance to the
East Beach Park.
10. The Vendor shall be permitted to connect to the existing water and hydro service provided in
the public washroom facility. The Vendor agrees to reimburse the Municipality for hydro
consumption where it exceeds $700 for the season. Neither party shall be held responsible
for any intemrption of service due to weather, breakdown, maintenance or for any other
reason.
11. The Vendor agrees that no other concession owned by him/trer shall be erected on the site
whether connected to either the hydro or water service or operated by generator or propane
without first having received written permission from the Municipality. In addition, the list
of equipment provided by the Vendor in the proposal form dated }l4ay 29,2009 is agreed
upon. No other equipment shall be connected without notification to and approval given by
the Municipality.
12.The Vendor understands and has no objection to the placement of other mobile concessions
by community service clubs and municipal event organizers as part of planned celebrations
for a limited period of time authorized by the Municipality. The Municipality agrees to
provide the Vendor with notification of such planned events.
13. This Agreement may be terminated at arry time by either party giving the other party 30 days
written notice of termination.
5.
6.
7.
8.
9.
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14. The term of this contract is for one (1) year with the option for a two (2) year extension. The
extension of the contract shall be mutually agreed upon by the parties.
IN WITNESS WHEREOF the Vendor and the Municipality have hereunto set their hands and
Corporate Seals this _ day of ,2009.
SIGNED, SEALED AND WITNESSED
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
MAYOR
CLERK
In the Presence of ) VENDOR
)
)
)
) C. Valerie Donnell
o/a Sam's Place
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SchedulettAtt
Concession Food Booth
Hours of Operation
Month Day Hours
June lst to 30th 10:30 am to 9:00 pm
July 1st to 31st 10:30 am to 9:00 pm
August 1st to 3 1st 10:30 am to 9:00 pm
September lst to 30th 10:30 am to 9:00 pm
October 11:00 am to 8:00 pm
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Page 302 of 303
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2009-083
A BY.LA\il TO CONFIRM ALL ACTIONS OF
THE COTINCIL OF THE CORPORATION OF
THE MT]NICIPALITY OF BAYHAM FOR THE
REGULAR MEETTNG HELD JUNE 4,2009
WHEREAS under Section 5 (1) of the Municipal Act,200l S.O. 2001, Chapter 21,thepowers
of a municipal corporation are to be exercised by the Council of the municipality;
A¡ID \ilIIEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to
be exercised by by-law;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHA.M ENACTS AS FOLLO\üS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held June 4,2009 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this byJaw.
2. TIIAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND TIIIRD TIME and finally passed this 4thday of June
2009.
MAYOR CLERK
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